Please read these Participation Terms ("Terms", "Terms and Conditions", "Agreement") and the other documents carefully before submitting artwork to the www.electricartefacts.com website and (the "Service") operated by Electric Artefacts Ltd ("us", "we", or "our").
We recommend reading these Terms carefully to ensure that you fully understand them.
If you have any questions, do not hesitate to contact us by firstname.lastname@example.org.
Electric Artefacts is a platform for viewing, selling and purchasing your works of digital art and prints ("Digital Works").
Our purpose is to connect customers with art and artists they love.
We offer space for visitors to explore visual, audio or video formats of digital art. Customers are enabled to view highly curated exhibitions and purchase certified artworks.
Requirements. To submit the digital works, they must comply with all technical requirements (minimal resolution, ratio or format).
Original work. You may submit digital works that you have created or in co-authorship with other artists that you specify to us. You may not submit items that were created by another artist. If the digital work is not original and authentic, you undertake to notify us immediately and take all steps necessary to remedy any breach of applicable law or Agreement.
Relevant information. You should provide us with relevant information about the work you are submitting and you as the author and/ or the author of the work. When providing us with the information, you guarantee that the information is true and you have permission to provide such information for us to display and market the work.
Ownership of the art. After submission the digital work at Platform, you remain the owner.
Take-down of the works. We reserve the right to refuse or take down your work(s) from the Platform if we have justified doubts that you are violating the Agreement or applicable laws.
Your representation. You represent and warrant that you hold all rights and authorizations which entitle you to grant the license. Otherwise, you have to notify us immediately and take all steps necessary to ensure the transfer of rights according to the Section.
License provided to Electric Artefacts Ltd. You provide us with a worldwide, perpetual and non-exclusive right and license to use such work for performing the Agreement, displaying the work on the Platform, offering it to potential customers, for archival, marketing and other related commercial activity.
Rights granted by the license. If you are selling editions of a digital image and/ or video work, we are entitled to create copies of the work, distribute them and make them available to the public, lend, lease, exhibit and publish the work in any available manner or channel. We will credit you as the author of the work unless that proves to be impossible or would require a disproportionate effort.
Sub-license. We are enabled to assign and sub-license the license to third parties without limitation.
License provided to customers. You grant the customers, who purchase your artwork, a worldwide, perpetual, non-revocable, non-commercial, non-sublicensable, non-assignable and non-exclusive right and license to use the purchased work for their own use for non-commercial purposes.
Customers' rights. The customers can publish, lease or exhibit the work if they credit you and/or your co-authors as the author of the work. The customers cannot distribute copies of purchased digital work as an original piece unless otherwise stipulated in applicable laws.
License fees. The license fee for the license provided to us and the license provided to the customers is included in the purchase price paid by the customer. In any case, should no copies of your work be sold to customers, the license to us will be provided free of charge.
Organization. All exhibitions are organized at our full discretion. We are free to decide the manner of art displaying and listing, order, groups, filters, combinations.
We shall not consult the organization of exhibitions with you or notify you in any way.
Duration. The exhibited works are displayed during the agreed period, but not less than for two months.
We may retain the work on the Platform even after a particular exhibition is terminated.
The duration of the exhibition corresponds to the duration of the exclusivity, as indicated below.
Exclusivity obligation. You cannot sell or offer for sale the work anywhere else (online or offline) during the period of the exhibition.
Post exclusivity obligation. After the termination of an exhibition and the exclusivity obligation, you shall not decrease the purchase price of the work more than 30 % at least for the period of two months after the end of the exhibition unless arranged with Electric Artefacts Ltd otherwise.
Exclusivity violation. If you breach your exclusivity obligation, we will fine you in the amount of 30% of the total purchase price of the digital work.
Exception. You can publish and share works on social media if you do not engage in offering the works for sale unless you provide a link to the Platform
PROMOTION OF THE WORKS AND EXHIBITION
We are free to decide how to advertise and market the works, the exhibitions and the Platform.
We have the right to refuse any work.
We shall not consult with you any promotion issues.
You are to provide necessary assistance in promotion by your social media profiles and other marketing channels available to you with links and information about the Platform as the place where your works can be accessed and purchased.
SALES AND DELIVERY
Digital Certificate. Each sold digital work is provided with a Digital Certificate. You should provide us with all reasonably necessary assistance.
Digital Certificate consists of:
Confirmation of Purchase. Issued by Electric Artefacts Ltd and confirms the purchase of the digital work via Platform and may include, without limitations, information about the date and time of purchase, author of the art and, if applicable, information about the limited edition.
Statement of Originality. As the author of the work, you have to sign the Statement of Originality. It includes information about the digital work, about you as the artist and your representation that the piece of art is original and authentic.
We will provide you with the draft to review, sign and send back to us by email.
Limited editions. You may limit a maximum number of copies that may be created and sold to customers by indicating it in the submission form. In that case, you cannot create and distribute any additional copies of the work, regardless of their format.
The sale information on edition, including the number of copies, is available on the Platform and in the Confirmation of Purchase.
Delivery of digital art. If your work is editioned, consists of a media file and a customer purchases a digital form of your work, we will make a copy of the high-resolution electronic file that you provided to us via the online form and after we receive payment, provide the customer with access to such file.
Delivery of prints. If a customer purchases a print of your work, we will make the high-resolution printing in the requested format and arrange it on your behalf.
Packaging. We will also, on your behalf, arrange for appropriate packaging of the print for delivery. You should provide us with the necessary assistance. Delivery fees will be charged according to the Prices and payment terms.
Defective works and refunds. We do not provide to customers any guarantee or warranty for the digital works displayed and purchased via the Platform. You, as the seller of the works, are responsible for any consumer or other claims relating to the works purchased via the Platform (e.g. claims relating to damages, withdrawal from the Agreement, defects, request for information or return of the goods).
If we receive any complaints or requests for refunds, we will coordinate any relating communication with the customer and handle such claims and requests on your behalf. You shall provide us with the necessary assistance.
We make no representation or warranty toward customers in respect to your status or capacity as an entrepreneur, trader or business, as applicable under relevant consumer protection laws.
PRICES AND PAYMENT TERMS
Price of the work. You determine the price via the submission form. The price is unchangeable during the displaying period at Platform except for potential discounts, as indicated below.
Discounts. We may provide for a discount of up to 20 % of the total purchase price and organize special events or offers for the customers, e.g. limited offers for certain themed exhibitions, etc.
- Any extra discount on top of that should be agreed.
- Our commission will be calculated from the final purchase price paid by the customer.
Currency. All prices are quoted in USD.
Printing fees. Printing fees are extra payments to the purchase price set by you. They will be included in the total price paid by the customer.
Delivery fees. Delivery fees are extra payments to the total price paid by the customer.
Our commission. Unless other agreement exists, we will charge you 30% of the total purchase price paid by the customer per each piece of art or 50 GBP whichever is higher, for the services provided to you via the Platform. Our commission will be calculated from the total price paid by the customer, including any discounts. It excludes the printing fees, framing, delivery and other processing fees.
Payment of the price. We accept all payments from customers on your behalf. From the total price, transferred to our account, we deduct our commission, delivery fees, printing fees and other costs that we incurred during delivery of the work to the customer (e.g. bank fees) monthly.
We will transfer the remaining amount to your account 25 days after the successful delivery to the customer.
Payment settlement. We can set off any amount due by you to us from any amount by us to you. You are not entitled to set off any amounts due to us.
Invoices. We issue invoices monthly.
The invoices include a breakdown of received payments and deductions that were carried out and set off.
For the avoidance of doubt, you agree that any invoicing, billing and settlement will be carried out only after the purchase price will have been due, i.e. no sooner than 25 working days after the delivery of the work to the customer.
We will add VAT to the purchase price set by you (where applicable) at the current rate chargeable in the UK for the time being.
You are solely responsible for the payment of taxes and other publicly imposed charges which may apply.
To use the Platform, you have to enter into a binding legal agreement ("the Agreement") It is governed by these Terms & Conditions.
You are required to accept these Terms when you submit your work to the Platform. You cannot submit work without accepting these Terms.
Your relationship with us. When selling your artwork, you enter into an agreement with the customers directly; we are not a party to that Agreement. We act as an intermediary between you and the customer. For that purpose, when you enter into this Agreement with us, you authorize us to act as your commercial agent to promote your works, to conclude the Agreement with customers, to accept payment, to handle any customer complaints and refunds and to arrange for the delivery, including, if applicable the printing and packaging, of your works to customers on your behalf and subject to the Agreement. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the works that are displayed on the Platform; you are solely responsible for performing all obligations relating to the purchase of your work towards customers, and we provide no representation or warranty to customers.
LIMITATION OF LIABILITY
In no event shall Electric Artefacts Ltd nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, b) a breach of these Terms.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Electric Artefacts subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
GOVERNING LAW & JURISDICTION
Governing law. These Terms shall be governed and construed according to English law. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.
Jurisdiction. You and Electric Artefacts Ltd agree to submit to the jurisdiction of the English courts to resolve any legal matters arising from the Agreement. Notwithstanding this, you agree that Electric Artefacts Ltd shall still be allowed to apply for injunctive remedies (or an equivalent type of equitable relief) in any jurisdiction.
No assignment. Except as otherwise explicitly provided in these Terms, the Agreement, your rights and obligations and any licenses granted by Electric Artefacts Ltd hereunder, may not be transferred or assigned by you but may be assigned by Electric Artefacts Ltd without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver. No waiver of any term of these Terms is allowed.
Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.