TERMS AND CONDITIONS
1. WHAT IS ARTISTIC EXPLOITS
Welcome to Artistic Exploits! Thank you for choosing to use our services.
www.artisticexploits.com is a website operated by Artistic Exploits Ltd, HE332510, P.O. BOX 25271, P.C. 1308, Nicosia, CYPRUS (“We” or “Artistic Exploits”). To contact us you may use the previous postal address or email us at [email protected] Artistic Exploits is an online platform created in an endeavour to provide a just and safe environment for artists around the world that enables them to promote and sell their work to the general public, without giving up control of their rights, and connect with leads and other artists all over the world.
Artistic Exploits provides visitors a range of services which enables them to view, comment on, promote, share and purchase artwork and art-related products; interact with other Artistic Exploits users; and receive the benefits of Artistic Exploits’ product manufacturing services, including payment processing, transaction handling, packaging, order fulfilment, and customer support, as applicable.
The Artistic Exploits team comprises of professional and amateur artists, and supports other professional and amateur artists; We are strong believers of all forms of art deriving from an artists’ passion, imagination and hard work and we, therefore, allow artists to price their own artworks; we will never deduct ANY COMMISSIONS for sales made through our website. Artistic Exploits is not directly involved in the transactions between buyers and sellers. As a result, we have no control over the quality, safety, morality or legality of any aspect of any of the items listed, the truth and accuracy of the listings, the ability of sellers to sell items or the ability of the buyers to pay for the items. We do not pre-screen the content or information provided by users. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we cannot and do not purport to transfer the legal ownership of items listed hereon from the seller to the buyer.
You agree that Artistic Exploits is a platform and as such bears no responsibility or liability for any content, including information, usernames, graphics, images, photographs, profiles, audios, items and links posted hereon. Any use of our site is at your own risk.
Services provided by Artistic Exploits are available to individuals over the age of 18, provided that services may be available to younger individuals subject to a parent’s or guardian’s consent. You represent and warrant that you are over 18 years old or that you have received your parents’ or guardians’ approval, as appropriate, and that information provided by you is true and accurate. This provision is void where prohibited by law and the right to access the Artistic Exploits site is not applicable in such jurisdictions. Your access and use of the Artistic Exploits website signifies your agreement to comply with all local legislation on online conduct and acceptable content as well as your agreement to comply with all our policies, rules and procedures, as such may be updated from time to time without notice to you.
2. YOUR USE OF OUR SITE
You may access and use our website for your personal, non-commercial use, except as expressly authorised hereunder by Artistic Exploits. Our website may not be modified, reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorisation. We reserve the right to alter, suspend or discontinue our website, in whole or in part, at any time in our sole discretion without any prior notice. We do not guarantee that our site or any content displayed thereon will always be available or be uninterrupted. We will try to give you reasonable notice of any suspension or withdrawal.
Except as expressly authorised by these Terms and Conditions, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our website or create derivative works of any portion of our website without our written consent.
You are solely responsible for updating and safeguarding the confidentiality of such information. You agree not to disclose your username and password to any third-party. You agree that you are solely and fully responsible for any activities or actions that occur through your account, including the activities of others, whether or not you have authorised such activities or actions. You have the obligation to notify us immediately of any breach of security or unauthorised use of your account on our website. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.
We will not be liable for your losses caused by any unauthorised use of your account, but you may be liable for our losses or the losses of others due to any unauthorised use.
You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person or entity or that is lawfully available to use, a name or trademark that is subject to any rights of another person or entity. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.
Subject to and conditioned upon your compliance with these Terms and Conditions we grant you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our website, including any images, text, graphics, data, links and other materials incorporated into our website, solely as made available by us or the artists and solely for your own personal purposes.
3. USER PROHIBITED CONDUCT
While using our website, you agree not to
- Abuse, defame, harass, threaten, stalk, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Post artwork or any content that infringes on a third party’s copyright, trademark, right of publicity or other intellectual property rights;
- Restrict or inhibit anyone from using any of our website, including, without limitation, by means of “hacking” or defacing any portion of our website;
- Bypass any measures we may use to restrict access to any part of the website;
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on our website:
- any material that is unlawful, fraudulent, false, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, counterfeit, or infringes our or any third party’s intellectual property or other rights;
- any confidential, proprietary or trade secret information of any third party;
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- any communication designed or intended to obtain password, account or private information from any Artistic Exploits user.
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our website;
- Display pornographic content or inappropriate child nudity;
- Use any robot or other automated means to access our website for any purpose without our prior written consent;
- Artificially inflate or alter vote counts, blog counts, content views, comments or any other services;
- Use the website for the sale of other goods or services not considered as artworks;
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence;
- Transfer or sell your account or user credentials to any other party. If you are registering as [business][entity] you personally represent that you have the authority to legally represent and bind such [business][entity].
Some features of our website may enable you to read or leave comments on artworks, send and receive messages to and from other users. You acknowledge that we have no responsibility or liability for any of these transmissions, and any of the content included in such comments or messages sent or received by you. We urge you to be polite in any of the communications that you have with each other. If at any point we receive a complaint, or it comes to our attention that any of our websites’ users are using these features to harass, insult or threaten any other user again this might mean your immediate termination to access any of the websites’ services. We reserve the right to remove any comments posted on our site, at our discretion.
Failure to comply with these rules will constitute a breach of these Terms and Conditions as a result of which we shall have a right to terminate your access to our website without notice, without prejudice to any other rights we may have.
4. INTERNET SOFTWARE OR COMPUTER VIRUSES
We will try our best to protect our users from any malicious software or viruses. Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Similarly, computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Artistic Exploits shall not be held responsible and bears no liability for any software, computer viruses or other elements with malicious code, that may infect or otherwise influence the use of your computer or other equipment on account of your access to, use of, downloading of any materials, or browsing on this website. Artistic Exploits recommends that you install appropriate anti-virus programs or other protective software during the interaction with all websites.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
5. ARTIST ACCOUNTS
You will not be able to upload with intent to sell or promote any artwork on our website without previously creating an Artists’ account. Subscription prices and programs may change from time to time, subject to publication of such changes on our site. Such charges, if applicable, will be charged according to your country of residence, as per EU regulations for electronically provided services, at checkout.
All subscription prices are listed in Euro and are exclusive of any applicable V.A.T. charges. Your subscription to an Artists’ Account, will automatically renew on a periodic basis, based on the term you chose (i.e. monthly), at the agreed rate. We reserve the right to amend subscription rights from time to time, in which case you will be notified accordingly and asked to provide your agreement. Should you disagree with such amended subscription rates your subscription will not be renewed and will terminate at the end of your paid subscription. You are able to view the subscription renewal date or cancel your account in the “Main Dashboard” tab in your account profile.
If for any reason you decide to cancel or downgrade your subscription prior to its expiry, you will not be eligible to receive any refunds on the subscriptions’ remaining balance. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Artistic Exploits reserves the right to contact you directly, through any available means, and to seek payment or alternatively to suspend or terminate your subscription.
You may create an artists’ account on our website by registering and providing us with certain information about yourself and creating a password. We may require you to provide additional information confirming your identity, including government identification, payment information, and tax identification and/or withholding forms. You may not create more than one (1) account without our prior written approval and only if you have a good reason.
You agree that you will provide complete, current and accurate information about yourself where necessary and as requested and that you will procure the timely settlement of your subscription fee.
NOTE THAT THE STORAGE SPACE ACQUIRED THROUGH ARTISTIC EXPLOITS SERVICES IS NOT INTENDED FOR BACK UP PURPOSES. WE SUGGEST THAT YOU HAVE YOUR DATA STORED / BACKED UP ON DIFFERENT STORAGE DEVICES FOR MORE SAFETY.
By listing an item on our website, you represent that you and all aspects of the listed item comply with our policies and that you have the capacity to sell such items. Items listed must be accurately described along with any terms of sale relevant thereto.
All sales are binding and the packaging and shipping of all physical orders is the Artist’s responsibility. If the artist is not able to complete such order, its’ such artists' sole responsibility to reimburse the buyer the total amount paid for that sale. Artists should ensure that their profile is up to date and that all relevant policies and costs for shipping and returns are properly displayed in order to appropriately inform the public and limit any disputes that may arise for any sale.
7. INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
You must not use personal information acquired through our website to send unsolicited advertising or promotions, request samples, loans, donations or spam and you must no pass email addresses or other information to third parties. In cases where you are specifically requested to restrict further contact then you should restrict such contact unless you are involved in an open transaction.
8. TERMINATION OF ACCOUNT
Failure will be deemed to constitute a violation of these Terms and Conditions, and in addition to any other rights that we may have, we may immediately terminate your access to our website without any prior notice.
We or you have the right to terminate this relationship at any time. You may act so, whenever you feel, by just pressing the cancel account button in your ‘Main Dashboard’ tab through your profile, but, we will only suspend or terminate your account or access to the website if you, in our sole discretion, are in violation of these Terms and Conditions or any other of our rules and policies. At our sole discretion, and based on the severity of the violation, we may also suspend or terminate your account or access to the website without notice, effective immediately.
On termination for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms and Conditions that by their nature and context are intended to survive termination will survive. Such provisions include without limitation, ownership provisions, warranty disclaimers, and limitation of liability. We bear no responsibility or liability to you for any damages or loss of profits, data or other claims arising from such termination or suspension.
Upon termination of any account, either that action is initiated by us or by you, we will immediately suspend and remove your artwork from any public areas of our website so no one will be able to view or purchase any of the artworks associated with your account.
Without limitation, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business, accounting and legal purposes. Unless your account has been terminated by us, in our reasonable discretion, for violation of these Terms and Conditions, you, the account owner, will be paid in full in the ordinary course anything that was earned from you through the sales of your artwork. Artistic Exploits will not refund any amount that was already paid for a subscription.
If we terminate your account and you feel that that has happened erroneously or unfairly, please contact us and we will further investigate the issues that led to that termination.
9. ARTIST COMPENSATION
All amounts payable under this Agreement shall be paid in Euro (€). You will receive payment for every sale or print out of your artwork sold through Artistic Exploits on the basis of the schedule of prices set forth here. Where your account has accrued a minimum balance of 25€, you will be paid on a monthly basis within thirty (30) days following the end of the reporting month. On cancellation of your account, any funds standing to its credit will be paid to you, subject to any charges and fees as may be applicable.
We kindly remind you that if your account is terminated by us for violating these Terms and Conditions or any of our rules and policies, we will have the right, to our absolute discretion to withhold any funds standing to its credit, unless and until any dispute, as applicable, has been fully resolved.
We have partnered with third-party service providers to perform all services related to payment processing, including card processing, identity verification, fraud analysis, regulatory compliance, and disbursement of funds to all artists.
On rare occasions deposits to an artists’ bank account could be delayed by an issue that might arise at Artistic Exploits or Artistic Exploits’ third-party service providers. We will do our best to communicate with all affected artists as soon as we can.
Furthermore, if we believe that an artists’ actions may result in a dispute then we may, in our sole discretion, put on hold, delay deposit or reserve on the artists’ payment account balance until such disputes are resolved.
We always work hard to avoid and minimise delays, however, Artistic Exploits is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.
If Artistic Exploits cannot settle funds into an artists’ account, those funds will remain in the artists' online wallet account. It is your sole responsibility to update your bank account information to receive payments.
9.1 PAYMENT PROCESSING FEES
Our third-party service provider charges a fee for processing each transaction through Artistic Exploits, either that transaction is a Pay In or a Pay Out transaction. Every sale that you make is considered a Pay In transaction and every payment you get from us is considered a Pay Out transaction.
Payment processing fees will be reflected in your e-wallet and will be deducted from the total amount of the payment at the time payment is considered complete. We reserve the right to modify the payment processing fees at any time our third-party service provider does so. These processing fees may vary based on the location of the artists’ bank account. Please follow the below link for further details on currently applicable processing fees:
Additionally, by deciding to create an artists’ account with us, and as all transactions will be handled from Mangopay, you immediately agree to their Terms and Conditions. The exact document may be found here.
You shall be solely responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Artistic Exploits website. Artists shall be solely responsible for the declaration and payment of any taxes applicable at their relevant jurisdiction with respect to proceeds arising from sales made through our website.
10. YOUR CONTENT
Artistic Exploits does not claim ownership rights in content uploaded by you. You and not Artistic Exploits, are entirely responsible for all artwork and content that you make available and all products you offer for sale through our website. For any image, product or any other form of content that you upload to the website you warrant that:
- You have all the necessary rights to submit that content and grant the licenses that are set hereunder in the Licensing section of our website;
- Artistic Exploits and its users will not need to obtain any licenses from any third party or pay royalties to any third party with respect to purchased content that is associated with your account;
- Your content does not infringe any third party’s rights including intellectual property and privacy rights;
- You have obtained the written consent to upload and/or post for sale content that includes any identifiable individual. Where such an identifiable individual is a person under the age of 18, you confirm you have obtained the written consent of the parent or guardian of such identifiable individual;
- And your content complies with these Terms and Conditions and all applicable laws and regulations for such content.
In the event that we receive a complaint in respect of any content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.
By uploading content to our website, you agree that we have the right to use your products or images to promote Artistic Exploits and yourself in any external press as well as across our website and social media channels. You grant Artistic Exploits a license enabling us to use any information or content you supply us with so that Artistic Exploits is not violating any rights you might have in that content. You grant Artistic Exploits a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the content uploaded, in any media now known or not currently known, with respect to your content. You agree to allow us to store or re-format your content on the Artistic Exploits website and to display such in any way we see fit.
Visitors may not use any of the content found on Artistic Exploits for any purpose without first obtaining the appropriate license for the use of such content. Unless you have written consent from the artist that owns the copyrights for the content, any use of content by you shall be governed by the applicable license agreement you entered into while purchasing that license. Copying, displaying or distributing to the public any watermarked or unlicensed content constitutes copyright infringement.
We generally do not pre-screen any of the content that is uploaded or put for sale through our website and we are not responsible for examining or evaluating artwork or content, although we reserve the right to do so. You understand that any content that you may find in the Artistic Exploits website is uploaded and sold by artists and not by us. Because of that, you acknowledge the possibility of seeing something you may potentially consider offensive. On any such occasion, we give you the means of reporting such content by pressing the report button (!) on any product page and providing us with the relevant information. After reviewing the reported content, and only if we feel the same way, then we will remove such content.
Note on Adult Content: All images containing nudity should be marked as such when uploaded to the website. Although we believe that we have some artistic sensibility, all individuals, regardless of their age, gender or religious beliefs, have the right to choose if they would like to see such content, while browsing on our website. Therefore, we will mask such content from our search results but anyone who would like to proceed would have the ability to view and purchase such content on their product page. No pornographic content will be allowed. We reserve the right to not permit any content that violates our Terms and Conditions or for any reason at all.
11. CONTENT LICENSES
Content licensing, allows potential buyers to purchase a license to use your artworks for personal, commercial or editorial purposes. As the creator, you will always maintain the copyright of your content but by uploading any content on Artistic Exploits you are giving permission to the buyers to use such content according to the license they purchase.
In our effort to provide an easier and fairer use, of the website and the content, for both artists and simple users, we provide some general industry-accepted guidelines that will govern all digital artwork uploads and purchases to and from Artistic Exploits website. Artists and simple users are able to sell and purchase digital content under three (3) different license types depending on intended usage. These general guidelines can be found in the Licensing section of our website.
After reviewing what each license entails, artists will have the right to choose what license they are willing to sell their products under. They can choose either one, two or all of the licenses by setting a price for each one.
If you, the visitor, choose to purchase any of the content displayed in the Artistic Exploits website, you are bound to use such content according to limitations of the license you have purchased. If for any reason you need something more than what is offered, you have the right to contact the owner of such content and make the appropriate arrangements. Please make sure you always get such license agreement alterations in writing.
Artistic Exploits bears no responsibility in monitoring the use of any content sold hereunder. By posting content, it is possible for an outside website or a third party to re-post such content. You agree that Artistic Exploits shall be held harmless for any dispute concerning this use.
12. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
When you use Artistic Exploits, you become a participant in an online community of people who love and respect the arts and the people who work hard to provide the world with such art.
While we are not obligated to review any content uploaded or posted for sale in our website for copyright, or intellectual property infringement, we are committed to assisting in the protection of the rights of such content. We expect users of our website to do the same. Artistic Exploits has no obligation to pursue legal action against any alleged infringer of any of your rights but we will try to assist you in your efforts.
If you believe that your work or the work of another has been copied in a way that constitutes infringement, please proceed to immediately report such content from its product page.
If such action occurs, and in order to be able to review your report, we will reply to you in writing and will be requesting the following information from the complaining party, so please ensure that you are able to provide us with this information prior to the reporting of any content:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our website;
- Information that allows us to communicate with the complaining party such as their name, address, telephone number, and email address;
- A signed statement that the complaining party has a good faith belief that use of that material in the manner complained of is not authorised by the copyright owner;
- A signed statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you, as the artist, believe that a notice of copyright infringement has been wrongly filed against you, or if you believe you have obtained all required rights from the owner, please send us a counter-notice.
In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or suspended material within ten (10) business days following receipt of the counter-notice unless the complaining party notifies us that it has filed an action seeking a court order to restrain the artist from engaging in infringing activity relating to the artwork or content that was the subject of the notice. Any unresolved disputes may be referred to the relevant authorities for final resolution.
Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
Notices and counter-notices regarding our website should be sent to:
Artistic Exploits Ltd
P.O. BOX 25271, P.C. 1308
Email: [email protected]
Although Artistic Exploits uses measures to restrict the ability of users and visitors of the website to make high-resolution copies of content posted on our website, we make no representations and warranty that content posted on our website will not be unlawfully copied without your consent. Artistic Exploits does not restrict users and visitors of the website to make low resolution or thumbnail copies, therefore, you hereby authorise Artistic Exploits to permit users and visitors of the website to make such low-resolution copies of your content while any intellectual or proprietary rights associated with such content remain with the owner of such rights.
13. MAKING PURCHASES
All prices on the website are depicted in Euro (€).
You represent and warrant that you have the legal right to use any credit card(s) used to initiate any transaction.
You agree to pay all charges incurred by you or any users of your account and credit card at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases if applicable. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, specifications, prices and availability of any product, either that is a product provided by Artistic Exploits or its users, are subject to change without notice.
We, and our individual sellers, make reasonable effort to display accurate information about all products and artworks displayed on Artistic Exploits’ website. If you feel that something is off though, or you need further information, please try contacting the owner for clarifications prior to making any purchase. Title and risk of loss for any purchases pass to you upon our delivery to the carrier.
13.1 BUYING FROM ARTISTIC EXPLOITS
Artistic Exploits offers great quality poster and canvas prints to the users of its website in two different ways:
- Users might upload their own images in order to request different prints through the Print Your Own service or;
- They might choose a unique artwork that they like, from an artists’ uploaded artworks and request a replication print. This option will only be available if the artist has given their consent when they were uploading their artwork.
We try to print, package and ship all requested orders within 7 days of receiving such order. After that, the period of delivery varies according to your shipping destination.
As all our print orders are custom made pursuant to individual orders, we will not accept any returns and make no refunds for such. We will only accept any refund claims on the rare occasion that a printed product reaches you in bad condition or where the print out delivered was not what you originally ordered.
Prices displayed on our website exclusive of applicable V.A.T. and shipping charges. These charges will be added to your cart according to shipping destination and entity status.
13.2 BUYING FROM ARTISTIC EXPLOITS USERS
When you buy content from an artists’ account on the Artistic Exploits website you are directly supporting an independent business. All revenue is directly transferred to the artworks’ owner wallet account without deducting any commissions.
While we try our best to check and verify the validity of each user that requests an artists’ account on our website, some of the wicked ones might slip away. Please purchase wisely and if you see something that is off please try contacting the artist prior to completing any purchase. If you are still not satisfied with the answers provided to you, then please DO NOT complete the purchase.
You understand that Artistic Exploits does not manufacture, store, inspect or ship any of the artworks available for sale through our platform. We provide the platform to make the sale possible but all artworks are produced, listed, marketed, sold and shipped directly by independent artists and we are not a party to any sale. Our involvement in any sale transaction is limited to providing this marketplace, and accepting payment from the buyer on behalf of the seller in connection with the sale of the content. Artistic Exploits do not make any warranties about the quality, safety or even their legality. Any legal claim related to an artwork you purchased must be brought directly against the seller of the artwork. You release Artistic Exploits from any claims related to items sold through our services including defective items, misrepresentations by artists or items that caused you any physical injury.
Each artist that owns an account on our website handles their own products and is obligated to fulfil all paid orders. Although, they have their own unique policies, terms for selling, processing times, shipping methods and return policies of their own products. In order to have the best experience while using Artistic Exploits services, please review all of their policies and make sure that everything is right by you before you proceed.
Shipping charges for products sold by Artistic Exploits users will be portrayed on the products’ page. The specified amount will be added to your cart at checkout according to your destination. If you do not find your shipping destination in the product listing, it means that the artist will not ship any products to your destination. You might try to contact the artist and arrange something different.
13.4 DISPUTES BETWEEN USERS AND ARTISTS
On the occasion that you have a dispute with an artist, you agree to resolve that dispute directly with them. In the event that you have a disputed unresolved transaction, we may take a more active role in ensuring its resolution; however, you understand that we are not obligated to do so. In such a case, we will act merely as mediators facilitating the resolution of the dispute. We reserve the right to fix any processing errors we discover. You may contact us with such issues after you have made reasonable efforts to resolving such matters by contacting the seller, at [email protected] with your inquiry and all relevant information and we will try to assist you.
Although the artist has the option to refund the buyer for any purchase, Artistic Exploits reserves the right to procure a refund to a buyer if a transaction is found to be in violation of our policies and the artist does not comply. In such a case, the Artist agrees that we shall ace and be deemed to act as such artists' duly authorised representative with express authorisation to carry out such actions and payments for and on his behalf. These funds will be deducted from the sellers’ payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the artists’ credit card.
Artistic Exploits have no obligation to resolve any disputes. You acknowledge that any agreement you make with another party through our website is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, vendors, officers, directors, agents, subsidiaries, partners, and employees) from any and all claims, liabilities, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.
14. INTERACTIONS OUTSIDE ARTISTIC EXPLOITS
We are here in order to provide a platform that connects artists to art lovers. We give artists the option to link their Artistic Exploits’ profile with their social media accounts and other websites in order to be able to better promote themselves and their services. This also allows you to contact and meet artists in person. Furthermore, some of the artists on our website, might not want to have the hassle of packaging and shipping, so they might list their products as for ‘Pick Up’ only.
However, you understand that we do not screen users of our website in such a manner that we distinguish their personality and intentions. Therefore, we will not undertake any liability and you agree to release us from all liability on claims or disputes arising or relating your interactions with other users. Please be careful and exercise caution in all interactions with others, especially if you are meeting someone in person.
15. LINKS TO THIRD PARTY WEBSITES
Artistic Exploits website may be available through any third-party websites or platforms, or Artistic Exploits may direct you to any third-party website or platform or permit any third party to link from its website or platform to Artistic Exploits website. You understand and agree that Artistic Exploits have not reviewed any of these websites or platforms and therefore makes no warranty of any kind, express or implied, and accepts no responsibility for any content, advertising, products, services or practices of such third parties and their websites or platforms.
Such websites or platforms are not, and cannot be, under the control of Artistic Exploits, and Artistic Exploits provides or permits these links only for your convenience. The inclusion of any link does not imply any affiliation, endorsement or adoption by Artistic Exploits and we cannot be held liable for the loss or damages incurred in connection therewith.
We will have the right, at any time and in our sole discretion, to block links to our Site and Apps through technological or other means without prior notice.
16. IDEA SUBMISSIONS POLICY
We would love to hear from you at any time and day of the week, all year round! We need your help in order to get better at what we are trying to do, so if you have any good ideas that you feel might improve our services, or even your overall experience while using our services, drop us a line. We make sure that we investigate any ideas or suggestions and might incorporate some of those in our future plans. If we make the decision to use any idea, we will make sure that you get the appropriate attention and you will also be rewarded accordingly!
We appreciate any ideas or suggestions for improving our website, however, please note that any such ideas or suggestions that you might submit and are developed by us will be owned by us. Therefore, you hereby irrevocably assign any intellectual property rights of such ideas or suggestions to us. If your intent is to retain any intellectual property rights in your ideas or suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written consent.
17. DISPUTES WITH ARTISTIC EXPLOITS
We will always make our best effort to fulfil all our obligations to you according to these Terms and Conditions. If you feel that we have let you down in any way please let us know and we will attempt to resolve any issues that you might have.
We will always try to be fair and reasonable while handling any dispute requests but If you still feel that you are unhappy with our solution then these rules will govern any legal disputes involving our services. We hope that we do not get into any of these matters in this relationship but if we have to, then these terms shall be governed by and construed in accordance with laws in Cyprus.
Use of this site is not authorised in any jurisdiction that does not give effect to all the provisions of this agreement, including, without limitation, this section. In case of a dispute as between users, or an outside party and a user, Artistic Exploits (its officers, directors, agents, employees, associates) are released from any and all claims, demands, and damages of every kind and nature, suspected or unsuspected, disclosed or undisclosed, known or unknown, arising out of or in any way connected with such disputes.
Artistic Exploits may try to provide assistance in the resolution of disputes at the request of its users, however, such assistance shall be provided at the absolute discretion of Artistic Exploits and such assistance shall not constitute an obligation of Artistic Exploits.
For transactions completed by Mangopay, we will not make judgments regarding legal issues or claims and all disputes relating to financial transactions will ultimately be determined by Mangopay.
Any dispute or difference arising out of or in connection with this Agreement shall be referred to Arbitration before a single Arbitrator to be appointed jointly by both parties. In the event that within 5 working days of receipt of a notice of referral to arbitration by either parties the parties do not agree the name of the arbitrator to whom this dispute shall be referred to, the appointment shall be made by the president of the time being of the Cyprus Branch, Chartered Institute of Arbitrators of England and Wales. The arbitration shall be regarded as commenced at the time one party sent to the other notice of arbitration. The parties agree that the Arbitrator shall be a Cypriot national. The seat of the Arbitration shall be Cyprus. The Law of the Arbitration shall be the International Commercial Arbitration Law of Cyprus (Law 101/1987) as amended from time to time. Unless the parties agree otherwise the Procedure of the Arbitration shall be covered by the UNCITRAL Model Rules of Procedure for Commercial Arbitration applicable at the time the dispute arises. The language of the Arbitration shall be English. The Arbitrator appointed as above shall have exclusive jurisdiction over any dispute arising from this Agreement. The parties hereto hereby submit to the exclusive jurisdiction of the aforesaid Arbitral Court for any action or proceeding relating to this Agreement, and expressly waive any objection they may have to such jurisdiction or the convenience of such forum.
18. ARTISTIC EXPLOITS’ INTELLECTUAL PROPERTY
For the purpose of this paragraph, the term “Intellectual Property” means all registered and non-registered trademarks, logos, service marks, trade names, internet domain names, graphics, designs, page headers, button icons, trade dress or other indications of origin now or in the future used by Artistic Exploits. Nothing contained herein grants or shall be construed to grant you any rights to use any Artistic Exploits’ Intellectual Property.
You agree that you will not use any Artistic Exploits’ Intellectual Property or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social content handle or channel, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without Artistic Exploits' prior written consent any word or mark which is similar to or likely to be confused with Artistic Exploits' Intellectual Property.
The look and feel of the Artistic Exploits website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Artistic Exploits and may not be copied, imitated or used, in whole or in part, without the prior written consent of Artistic Exploits.
Artistic Exploits’ Intellectual Property may NOT be used publicly without our prior written permission.
19. CONTESTS & PROMOTIONS
Occasionally Artistic Exploits will be conducting promotional activities on its website, such as contests or other promotions. Each of these promotions will be subject to additional special conditions that will be published in due time in specific relevant sections of the website.
Your participation in these contests or promotions is voluntary, but to the extent that you decide to participate these special conditions (together with any additional rules published in relation to the specific contest or promotion) apply and you agree to be bound by them.
In the event of a conflict between these special conditions, contest or promotion participation, and the overall Terms and Conditions of our website, the special conditions of participation shall prevail with respect to the promotion in question.
All prizes in connection with a contest or promotion are non-transferable and cannot be changed for cash or other products or services. Artistic Exploits reserves the right to modify or replace the promotion prizes.
20. LIMITATION OF LIABILITY
All users of Artistic Exploits understand, take full responsibility and assume all risk resulting from the use of the website without limitations.
To the fullest extent permissible by applicable law, neither we nor our employees, management, partners, vendors, affiliates, shareholders, representatives, associates, and agents bear no responsibility and shall not be held liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of business, profits, use of data) whether based on warranty, contract, tort (including, without limitation, negligence and strict liability) or any other legal principle, even if Artistic Exploits have been advised of the possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, arising out of the or relating in any way to our provision of (or failure to provide) products or services, or from unauthorised access or alteration of your content submissions or data, even if remedy set forth herein is found to have failed its essential purpose.
You specifically acknowledge and accept that your sole remedy for dissatisfaction with products purchased through Artistic Exploits is to obtain a refund for such a product, and your sole and exclusive remedy for dissatisfaction with services is to stop using the services.
Consenting to these Terms and Conditions, you agree to indemnify, defend, and hold Artistic Exploits, its affiliates, its content owners and their respective directors, officers, employees, shareholders, partners, vendors, associates, and agents harmless from and against any and all claims, losses, costs, and expenses (including reasonable legal fees and disbursements) incurred by any Artistic Exploits party as a result of, or in connection with, any breach or alleged breach by the you or anyone acting on your behalf of any of the terms of this agreement.
22. ADDITIONAL TERMS
- Except when required by law, Artistic Exploits shall be under no obligation to issue refunds under any circumstances. In the event that Artistic Exploits determines that you are entitled to a refund of all or part of the fees you paid; such a refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within seven (7) days of making payment to Artistic Exploits, provided that you have not yet licensed any Content, Artistic Exploits, will refund the payment made by you in connection with such cancelled account.
- The period that any licensed content downloads are available to you is one (1) month after the first download date. For the purposes of these Terms and Conditions, a month is defined as thirty (30) consecutive days beginning on and including the date that you purchase such content.
- If any individual term of these Terms and Conditions is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of Terms and Conditions C, so that these Terms and Conditions shall otherwise remain in full force and effect.
- It is expressly understood and agreed that these Terms and Conditions are entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by these Terms and Conditions as to third parties.
- Except as expressly set forth herein, Artistic Exploits grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the content of the website, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any such content.
- Except as expressly set forth, all content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some content may contain elements that require additional clearance if the content is modified or used in a particular context. If you make such modification or use content in such a context, you are solely responsible for obtaining any additional clearances thereby required.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARTISTIC EXPLOITS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE STATED IN THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARTISTIC EXPLOITS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ARTISTIC EXPLOITS RELATING TO THE SUBJECT OF THIS AGREEMENT.
Disclaimer: The original, legally binding version of this document is written in English, and might be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
If you have any concerns relating to this website or these Terms and Conditions, please contact us with such concerns. Any notices shall be given by post to Artistic Exploits Ltd, P.O. Box 25271, P.C. 1308, Nicosia, Cyprus, or in your case to the email address you provided to us. Notice shall be deemed to be given 24 hours after the email is sent unless the sending party is notified that the email address is invalid.
Effective October 01, 2020