Terms of Service
Thank you for using the Artful Project!
These Terms of Service (“Terms”) are a binding legal agreement between you and the Artful Project that govern your use of the websites, applications, services, and other offerings from Artful Project (collectively, the “Artful Project Service”). When used in these Terms, “Artful Project,” “we,” “us,” or “our” refers to the Artful Project entity set out on Schedule 1 with whom you are contracting. The Artful Project Service offers an online venue that enables users to publish their artwork and related artful information, while other users may select from such artwork according to their preferences, search for such artwork and related artful information, and book services.
Users who publish their artwork and related artful information are “Artists” and users who select from such artwork according to their preferences, search for such artwork and related artful information, and book artful services are “Exhibiting Users.” Artists offer their art by uploading to the Artful Project’s Services (“Artwork”). You must register an account to publish your Artwork on the Artful Project Service, and must keep your account information accurate. As the provider of the Artful Project Service, Artful Project does not own, control, or offer the respective originally created art piece. Artful Project provides prints, i.e. copies of the originally created art piece pursuant to the data and information (“File”) provided by the Artist.
If you are a User, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply.
Exhibiting User Terms
- The Artful Mission.
Our mission is to present your artwork that will beautify space and engage all passers-by. Artwork of the world, browse through incredible artwork to find the ones you love, that represent you best, and suit your space. Learn more about the artwork by checking the title, description, and information around the Artist. If you have questions, just message the Artful Project.
- Searching and Booking the Artful Service.
2.1 Searching. You can search for Artwork by using criteria like the Artist, the artform, the style, or others. You can also use such filters to refine your search results. Search results are based on their relevance to your search, and other criteria.
2.2 Booking. When you book the Artful Curation, your Artful Exhibition, you are agreeing to pay all charges for the Artful Curation and the Artful Exhibition. This includes all charges for the Artful Curation and the Artful Exhibition, as well as applicable fees and taxes (collectively, “Total Price”). When you receive the booking confirmation for an Artful Exhibition, a contract for the Artful Curation and an Artful Exhibition is formed directly between you and the Artful Project.
2.3 Ownership of the Artful Exhibition. The Artful Exhibition comprising the artwork, prints, mounts, frames, and mounting remains property of the Artful Project at all times. The Artful Project has ownership of the Artful Exhibition. Only when a Buyer purchases any specified part of the Artful Exhibition, an art piece including print, mount, and frame will they become owner of such art piece and is therefore entitled to remove such art piece. This will be confirmed to you by email to your registered address.
- Cancellations and Refunds.
If you cancel an Artful Exhibition, less than two full days before the Artful Curation commences and the Artful Exhibition is due to be set up, you are not entitled to any refund. Should you decide to cancel an Artful Exhibition more than two full days before the Artful Curation commences and the Artful Exhibition is due to be set up, you may be entitled to receive a refund. The amount refunded to you is determined on the grounds of the Artful Project’s actual expenses based on your booking of the Artful Exhibition.
- Your Responsibilities.
You or any other representative of the undertaking for which the Artful Exhibition was ordered or booked for, as well as anybody representing the resident undertaking on whose premises the Artful Exhibition takes place, are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone you or any other such representative of said undertakings invite to come in, join, or provide access, be it in a private capacity, the mentioned undertakings’ respective customer, client, or employee or owner, or anybody present for business reasons of their own or or on behalf of third parties, to your premises and/or walls displaying the Artful Exhibition. This means: (i) you are responsible that the Artful Exhibition remains in the condition it was delivered to you and set-up as part of the Artful Curation, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times.
- Your art as part of the Artful Project.
5.1 Artist. As an Artist, the Artful Project offers you the opportunity to share your art, and the Artful Project creates real and real life sales opportunities – sell your art and earn money. It’s easy to share your art – introduce yourself as an Artist, describe your art, set the price, and receive money from the art sale.
5.2 Your Art Exhibited. When you receive a confirmation that your art will be exhibited through the Artful Project, your art will be exhibited at the premises and on the wall of an Exhibiting User who will be displaying Artwork including your art at the price specified for the art you uploaded. The Artful Project does not direct or control the art you upload for our Exhibiting Users to select.
5.3 Sale of Artwork. You agree to pay a commission to the Artful Project for each Art Piece that is sold including applicable fees and taxes. The Artful Project will deduct such commission from your payout unless we and you agree to a different method pursuant to our Artful Payment Terms.
- Uploading Your Art.
6.1 Managing The Uploaded Art. The Artful Project provides tools that make it easy for you to upload and manage the art you are displaying. You can add all kinds of information to the uploaded Artwork.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your art and the Uploaded Artwork. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of the Uploaded Artwork in search results of our Exhibiting Users on the Artful Project’s Services depends on a variety of factors, including:
- search parameters of the Exhibiting User
- characteristics of the Uploaded Artwork
- references of the Exhibiting User
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and sharing the information for your Uploaded Artwork. You may not collect any additional fees or charges outside the Artful Project, the Artful Project’s tools, and the Artful Project’s Services. Do not encourage Exhibiting Users to take actions outside the Artful Project in violation of our policies and these Terms of Service.
- Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations. You understand that if an Exhibiting User decides to cancel an Artful Exhibition or an Art-loving Consumer cancels an art sale, or the Artful Project deletes your Artwork you have no contractual rights and no grounds for legal recourse. You have no contractual obligation that comes with the use of the Artful Project’s Services as an Artist. This does not exclude generally applicable legal obligations and your responsibilities set forth above. For any open discussion we welcome you to get in touch with the Artful Project’s customer service at email@example.com.
Collection, Remittance by the Artful Project, and Tax Information. In jurisdictions where the Artful Project facilitates the collection and/or remittance of taxes on behalf of Artists, you instruct and authorize the Artful Project to collect taxes on your behalf, and/or to remit such taxes to the relevant tax authority. Any taxes that are collected and/or remitted by the Artful Project are identified to the respective user on their transaction records, as applicable. The Artful Project may seek additional amounts from users (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge that user’s tax obligations, and you agree that your sole remedy for taxes collected by the Artful Project is a refund from the applicable tax authority. You acknowledge and agree that we retain the right, with prior notice to affected members, to cease the collection and remittance of taxes in any jurisdiction for any reason.
In certain jurisdictions, tax regulations may require that we collect and/or report tax information about you, or withhold taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that the Artful Project may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other taxes to facilitate accurate tax reporting.
The Artful Project has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Artful Project Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please let us know and contact us at firstname.lastname@example.org. If your Artwork or your Content is alleged to infringe another person’s intellectual property, we will take appropriate action. The Artful Project does not accept inappropriate, false, or misleading Content. The Artful Project further does not accept Artwork or Content that violates our Terms, policies, standards, or values. You agree that you will not publish on the Artful Project Services any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms, policies, standards, or values. You also agree not to post any content that is false and misleading or uses the Artful Project Services in a fraudulent or deceptive manner.
The Artful Project may charge fees (and applicable Taxes) to Artists, Exhibiting Users, and Users for use of the Artful Project Services. More information about when service fees apply and how they are calculated can be found in these Terms of Service or under our Artful Payment Terms. Except as otherwise provided by the Artful Project Services, service fees are non-refundable. The Artful Project reserves the right to change the service fees at any time, and will provide users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
- The Artful Project Services Rules.
11.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the the Artful Project Services
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other Content from or otherwise interact with the Artful Project Services.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Artful Project Services or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Artful Project Services.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Artful Project Services.
- Only use the the Artful Project Services as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Artful Project Services as authorized by these Terms.
- Do not use the Artful Project Services, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Artful Project Services solely as necessary to enable your use of the Artful Project Services as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the Artful Project Services to avoid paying fees, taxes or for any other reason.
- Do not require or encourage users to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by the Artful Project.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not use, copy, display, mirror or frame the Artful Project Services, any Content, any branding related to the Artful Project, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms, Policies and Standards.
- Do not use the name, logo, branding, or trademarks of the Artful Project or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with any branding related to the Artful Project.
11.2 Reporting Violations. If you believe that a user, any Artwork or Content poses an imminent risk of harm to a person or property, you should immediately contact the Artful Project at email@example.com. In addition, if you believe that a Member, Artwork, or Content has violated our standards, you should report your concerns to the Artful Project at firstname.lastname@example.org. Except as required by law, we are not obligated to take action in response to any report.
11.3 Copyright Notifications. If you believe that Artwork and/or Content on the Artful Project Services infringes copyrights, please notify us at email@example.com.
- Termination, Suspension and other Measures.
12.1 Term. The agreement between you and the Artful Project reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. The Artful Project may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. The Artful Project may also terminate this agreement immediately and without prior notice and stop providing access to the the Artful Project Services if (i) you materially breach these Terms or our policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of the Artful Project, its users, or third parties (for example in the case of fraudulent behavior of a user), (iv) your account has been inactive for more than two years, or (v) you are evidently using your account frivolously or maliciously.
12.3 Violations. If (i) you breach these Terms, our policies, or our standards, (ii) you violate applicable laws, regulations or third party rights, (iii) the Artful Project becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of the Artful Project, its Members, or third parties, the Artful Project may:
- suspend or limit your access to or use of the the Artful Project Services and/or your account;
- suspend or remove Artwork, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by the Artful Project and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.
12.4 Legal Mandates. the Artful Project may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 12.3.
12.5 Effect of Termination. If you are an Artist and terminate your Artful Project account, future artful exhibitions featuring your Artwork will not be possible anymore. Ongoing or booked Artful Exhibitions will go forward. If you terminate your account as an Exhibiting User, any confirmed Artful Exhibition will be automatically cancelled and any refund will depend upon the terms of the cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Artful Project Services has been limited, or your artful account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Artful Project Services through an account of another user.
12.6 Appeal. If the Artful Project takes any of the measures described in this Section 13 you may appeal such a decision by contacting the Artful Project at firstname.lastname@example.org.
- Modification of these Terms.
The Artful Project may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Artful Project Services and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Artful Project Services will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims.
If an Exhibiting User provides evidence beyond any reasonable doubt that the Artful Project Services or any representative thereof, has culpably damaged their real or personal property (“Damage Claim“), the complaining Exhibiting User can seek compensation through a resolution with the Artful Project. You agree to cooperate in good faith, provide any information the Artful Project requests, execute documents, and take further reasonable action, in connection with Damage Claims, claims under insurance policies, or other claims related to your provision or the Artful Exhibition. You may appeal a decision by the Artful Project by contacting the Artful Project at email@example.com. Any decisions made by the Artful Project in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
You must register an account to access and use many features of the Artful Project Services. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Artful Project Services under the laws of your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify the Artful Project if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Artful Project Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Exhibiting User, Artist, other user, Artwork, service that relates to the Artful Project, or third party and we do not warrant that verification, identity or background checks conducted on users (if any) will identify past misconduct or prevent future misconduct. Any references to a user being “verified” (or similar language) indicate only that the user or the Artful Project has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Artful Project Services. The Artful Project may, temporarily and under consideration of the users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the the Artful Project Services or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the the Artful Project Services.
The Artful Project is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents the Artful Project’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of the Artful Project in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of the Artful Project is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at the Artful Project’s option), indemnify, and hold the Artful Project (including the Artful Project Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies or standards, (ii) your improper use of the the Artful Project Services, (iii) your interaction with any user, viewing of an Artful Exhibition, or other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, viewing or other use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
- Contracting Entities.
Based on your country of residence or establishment and what you are doing with the Artful Project Services, Schedule 1 below sets out the Artful Project entity with whom you are contracting. If we identify through the Artful Project Services, and the Artful Project entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Artful Project entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment the Artful Project entity you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
- Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of the Artful Project’s place of business in Ireland. If the Artful Project wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
21.1 Other Terms Incorporated by Reference. All supplemental policies and terms linked to in these Terms apply to your use of the Artful Project Services, are incorporated by reference, and form part of your agreement with the Artful Project.
21.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between the Artful Project and you pertaining to your access to or use of the the Artful Project Services and supersede any and all prior oral or written understandings or agreements between the Artful Project and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and the Artful Project. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 21.10 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.3 No Waiver. The Artful Project’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without the Artful Project’s prior written consent. the Artful Project may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 12.2 remains unaffected.
21.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by the Artful Project via email, the Artful Project Services notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide.
21.6 Third-Party Services. The Artful Project Services may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. The Artful Project is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
21.7 Translations. Some translations on the Artful Project Services are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
21.8 The Artful Project Services Content. Content made available through the Artful Project Services may be protected by copyright, trademark, and/or other laws. You acknowledge that all intellectual property rights for the Artwork and Content are the exclusive property of the Artful Project and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Artwork or Content accessed through the Artful Project Services except to the extent you are the legal owner of that Artwork or Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, the Artful Project grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use any application on your personal device(s); and (ii) access and view the Artwork or Content made available on or through the the Artful Project Services and accessible to you, solely for your personal and non-commercial use.
21.10 Force Majeure. the Artful Project shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Artful Project account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Artful Project Account.
21.12 Contact Us. If you have any questions about these Terms please email us at firstname.lastname@example.org
ARTFUL PROJECT LIMITED (Ireland)