Terms and Conditions
Throughout the Website, references to terms “we”, “us” and “our” shall mean www.artandfound.co and “you”, “your” shall mean the end user accessing the Website, its contents and/or using the services and art offered through the Website.
1. Eligibility & Registration
Joining us is free. In order to access certain services including listing any art on the Website, you will be required to become a member by: (i) selecting a username and a password to complete the Website’s registration process; (ii) providing contact information and identification details, and (iii) submitting any other form of authentication required as part of the registration process, in our sole discretion. You agree to provide accurate, current and complete information during the registration process and you agree to update such information to keep it accurate, current and complete. You are responsible for maintaining confidentiality for your account and password and are fully responsible for all activities that occur under your account. You agree that we shall not be held liable for any loss or damage (whether direct or indirect) arising from your failure to comply with the foregoing. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion and without giving you any prior notice.
2. Our Service
You agree, understand and acknowledge that the Website is an online platform that enables you to offer original works of digital art for sale, purchase such work of art listed on the Website at the price indicated therein at any time from any location and interact with other members and/or users of the Website.
3. Selling Art on the Website
We do not charge any listing fees or membership fees. We however charge a commission of the selling price upon the sale of an art through Artandfound.co which shall be intimated to you at the time you subscribe. We reserve the right to change the commission chargeable at any point in time. However, any changes are effective after we provide you with at least fourteen days’ notice by posting the changes on the Website. We may choose to temporarily change our commission chargeable for such promotional events or new services, and such changes shall be effective when we post the temporary promotional event or new service on the Website.
You agree to submit the appropriate original works of digital art that you have created and that you desire to list and sell through the Website to us for our review and evaluation. The art being sold on the Website will include your name and/or contact information. In order for your listings to be accepted, you must provide us with all the information requested on the applicable webpage of the Website and you must comply with any other requirements as identified on such webpage. The selling price of the art will be a price as mutually agreed between you and us. Notwithstanding anything contained herein, we shall, in our sole discretion, have the right to remove any art for sale at any time from the Website. You represent that you are and shall be in compliance with all applicable laws, including without limitation all intellectual property laws in respect of the art listed by you on this Website.
You always retain the right to remove a listing for an art from the Website by logging in to your account and clicking on the image you want to delete and then click on ‘delete’ and follow the steps set forth on that webpage.
You agree that you have not and shall not list the art online for sale with any other parties or websites at a price which is lower than that at which the art is listed on this Website.
You expressly agree and authorize us to deduct our commission from the sales price of your art sold on the Website and any taxes, as applicable before distributing your margin to you. To enable us to do the same, you agree to provide us with your updated bank account information so that we can make an electronic funds transfer to you. It is hereby clarified that payments may take between 7 to 10 days to reflect in your bank account but may also be instantaneous for certain transactions. Any deduction that may be made by your bank from the amount deposited by us shall be solely born by you.
You shall be responsible to ensure that we always have accurate and updated information of your bank account and you agree that we shall not be held liable for any loss suffered by you for providing us with incorrect/not-updated information. In the event, we are unable to deposit your margin in your bank account because you have given us incorrect/not-updated bank information, we shall hold your margin for up to 12 months from the payment date. If you have failed to notify us of any amendment to your bank details within the preceding 12 months, you hereby expressly authorize us to allocate the same as per our sole discretion.
4. Buying art on the Website
You agree to purchase art that is/are listed by other members on the Website by using a valid debit card, credit card, through internet banking or through cash on delivery. You agree to pay the aggregate purchase price listed on the Website checkout page which includes (i) the purchase price of the art; (ii) shipping and insurance fees; and (iii) all taxes as set forth below.
You hereby irrevocably authorize us to use your (i) credit card/ debit card/ internet banking information; and (ii) billing and shipping information for processing payment for the purchase on the Website.
You will not be able to cancel an order once it has been received for processing. However, we have the right to cancel any sale for any reason if, including, but not limited to: (i) we suspect that the buyer is fraudulent; or (ii) we determine that the art is not authentic; or (iii) the art is unavailable at the price listed on the Website. If we cancel an order placed via the Website, we will send you an email confirmation of such cancellation and you will not be charged for your order.
You are entirely responsible for paying all statutory taxes and transactional taxes or levies related to the purchase of the art. You shall pay the taxes we are required to collect, but failure by us to collect the same will not relieve your obligations in this regard. Further, each party shall be responsible for complying with any obligations imposed on it under applicable law with respect to the collection and payment of any taxes. Each party shall cooperate with the other party, and furnish the other party with any customary written documentation or forms as required under applicable law to enable the other party to comply with its obligations.
It is your responsibility to ensure the delivery address provided by you is correct. We take no responsibility for any art you do not receive because of errors in the delivery address given to us. Notwithstanding anything contained herein, we do not warrant, endorse and make representations about any content or art offered or provided by any member on the Website.
You understand and agree that we use commercially reasonable efforts to display the colors of the art accurately on the Website. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any art displayed on the Website and disclaim all liability in this regard.
6. Replacement Policy
An order once delivered cannot be returned for refund. However, you may replace the order in case it is a damaged or wrongly delivered order, within seven days from the time the order is delivered to you. A copy of the refund, cancellation and exchange policy is located at FAQ and Help.
7. Risk of Loss
The art purchased from this Website is shipped/ delivered by a third-party carrier pursuant to a shipment/delivery contract. As a result, risk of loss and title to such art may pass to you upon our delivery to the carrier.
8. Transaction Restrictions
You acknowledge that you are purchasing the art from www.artandfound.co and not from the member identified on the listing for such art. If you are a member and have submitted a listing for an art and have been contacted through the Website by another member/ user of the Website with respect to purchasing any art, you will not sell such art to such member independent of this Website. Similarly, if you are a member/ user of the Website and desire to purchase an art for which a member of the Website has submitted a listing, you will not purchase such art from such member independent of this Website.
9. Website Access
We have certain guidelines for you to follow when you access and use our Website.
We require that you adhere to general standards of behavior while accessing and using the Website. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following purposes, which include but are not limited to:
- post any information which is incomplete, false, inaccurate or not your own;
- post material that is copyrighted or otherwise owned by a third party unless you are the copyright owner;
- post material that reveals trade secrets, unless you own them;
- post material that infringes on any other intellectual property right of another or defames or vilifies any person, people, races, religion or religious group and is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- impersonate another person;
- upload content that is misleading and deceptive and offers or disseminates fraudulent, work, services, schemes, or promotions;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- reproduce, duplicate, copy, sell or otherwise exploit the Website or any art image, art listing, art description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided herein;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other members/users of the Website;
- attempting to interfere in any way with the Website's security or attempting to use the Website's service to gain unauthorized access to any other computer system;
- abuse the request an invite for yourself benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses;
- engage in any activity that interferes with the Website or another members/user's ability to use the Website;
- manipulate the price of any art or interfere with other member’s listings;
- collect information about users, including email addresses, without their consent;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website;
- use the Website or services if you are not able to form a legally binding contract or are temporarily or indefinitely suspended from the Website;
- violate any applicable laws or regulations for the time being in force in or outside India.
10. Intellectual Property
Whatever belongs to you stays yours. However, what you have not uploaded on the Website belongs to us.
You retain ownership of any intellectual property rights that you hold in the content.
You represent and warrant that when you upload, list, submit, store, send or receive content on the Website, you give us (and those we work with) a non-exclusive, irrevocable, royalty free worldwide license and right to use, host, store, display, archive, reproduce, modify, crop, resize, copy, create derivative works, communicate, publish, publicly perform, publicly display, distribute, transmit the seller’s/members name, logo and trademarks and any photographs, graphics, artwork, text and other content in connection with the manufacture, distribution, marketing, promotion and sale of the art listed/ to be listed for sale on the Website and in any and all media or formats now known or later developed in which such art may be marketed, promoted, sold, or distributed to members and other third parties. You acknowledge and agree that listing the art for any period of time on the Website is sufficient consideration for the foregoing license rights granted to us on a royalty-free basis. We may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling us to process and fulfill orders placed on the Website.
If you remove a listing for an art from the Website, the license rights granted by you to us with respect to such art will terminate as of the date the listing is removed, save and except that such license rights will survive and remain in effect for as long as necessary for us and our third-party subcontractors, if any, to fulfill any in-progress orders for such art accepted or received by us or prior to the removal of such art.
Except as expressly provided herein, neither party will acquire any rights or interest in the other party’s trademarks (whether registered or not), service mark, trade names, trade dress or other intellectual property appearing on or any content, features or materials you may access on the other parties websites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of any such content, features or materials, in whole or in part. Any goodwill generated therein will inure solely to the benefit of the owner party. Each party reserves all of its rights in and to its trademarks, trade names, all graphic images and text contained on such party’s website, and all other intellectual property owned or licensed by such party.
When you list or upload the art on the Website you agree that you will be liable for the art and you warrant and represent that:
- The art listed by you on the Website is original and is not violating, conflicting with, or infringing upon any rights whatsoever of any person, firm or corporation including without limitation any intellectual property rights nor contains any content similar to any prior works of any other authors or owners or any matter which is defamatory or scandalous or capable of hurting the sentiments or feelings of any third party;
- There are no present or potential third party interests or claims or litigation in respect of the art provided/ uploaded by you;
- You are the sole author and owner of the art.
If you are causing problems on our Website and/or with our users we will not be responsible for any losses arising from your conduct.
13. Links To Third Party Sites
Our Website may have links to other third party websites. In the event you access those websites through our Website we cannot be liable for any loss or liability arising there from.
The Website may contain links to other third party websites or resources ("Linked Sites").The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, advertising, products or other materials on or available from such sites or any changes or updates to the Linked Site. It is your sole responsibility to comply with the appropriate terms of service of the Linked Site as well as with any other obligation under copyright, secrecy, defamation, privacy, security laws related to the use of such Linked Sites and any content contained thereon. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information. Further, we reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users. In no event shall we be liable, directly or indirectly, to anyone for any loss, liability or damage caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on any such a Linked Site or accessed through these Linked Sites.
14. Site-Provided Email and Postings
We don’t monitor our users conduct all the time so we cannot promise the content listed on the Website will be perfect.
The Website may provide users with the ability to send email messages to other users and non-users and to post messages on the Website. We are under no obligation to review any content (including any messages) posted on or sent through the Website by users and assume no responsibility or liability relating to any such content. We may, in our sole discretion, monitor, and modify or remove any such content without prior notice.
15. Security and General Practices Regarding the Use and Storage of Information
No data transmission over the internet can be guaranteed as totally secure. We strive to protect information transmitted through standard security measures such as the use of SSL-encryption/ and/or SiteLock in transmitting sensitive content. However, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
You agree that we have no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted by and/or to us. You acknowledge that we may have set no fixed upper limit on the number of transmissions you may send or receive through us or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice to you. Upon the termination of your use of our services, we will close your account and you may no longer be able to retrieve content contained in that account.
16. Disclaimer Of Warranties
The Website, including, without limitation, all content, function, materials and services is provided to you "as is," without any warranty of any kind. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmission(s) or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. We do not warrant that the Website or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Website shall create any warranty not expressly made herein. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. You expressly understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and that you will solely be responsible for any damage that results from the download of such material and/or data.
17. Limitation of Liability
In no event will we be held legally responsible for an amount greater than the commission amount we are entitle to for the sale of your art on the Website.
Additionally, in no event shall we or our respective officers directors, employees, agents, partners, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by the Website.
If you see something on the Website which you have not submitted and that belongs to you and want to share that with us, please write to us using the Contact us page with the information requested in this section.
We are an artist-driven Website. We honor the intellectual property rights of others, and we want all our users to do the same. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us (the following information will be required to be included in the notice of infringement will: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) your personal details; (c) a statement by you that the information in your notice is accurate and that you are the intellectual property owner). Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing art from the Website and/or cease sales of such art pending our investigation at our sole discretion and without any prior notice disable and/or terminate in appropriate circumstances member accounts who may be infringing the intellectual property of a third party. Please take note that if you knowingly or materially misrepresent that your work has been infringed, you may be subject to liability.
We are a company incorporated in India and more particularly in the city of Mumbai. Complaints if not settled amicably between us will be governed by the courts situated in Mumbai.
For the purposes of this provision, "event of force majeure" includes but is not limited to fire, earthquake, flood, inclement weather, tsunami, accident, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
There are certain legal protections which continue to apply to us and/or you that don’t fall away even when we suspend or block you from using our Website.
- Copyright & Trademark Compliance / Complaints
- Contact us
- v. Governing Law & Dispute Resolution
- Force Majeure
- Interpretation of Number And Genders
- Entire Agreement
- Changes to this Agreement
- Reservation of rights