Terms of Service

Last Updated: January 5, 2023
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Indigo Jade Ltd., trading as ARTISTS 4 INTERIORS (“ARTISTS 4 INTERIORS”, “we” or “our”) provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.artists4interios.com (the “Site”) together with any services, software, tools, features or functionality made available by ARTISTS 4 INTERIORS (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”). These Terms, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and ARTISTS 4 INTERIORS.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY AUTHORIZING THE POSTING OF ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Modifications to these Terms

ARTISTS 4 INTERIORS reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated" date. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), ARTISTS 4 INTERIORS Content (as defined below) or Seller Content (as defined below) from the Services at any time without notice to you.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Seller Terms and Conditions

Listing Works on the Services

As a Seller, you may submit listings for original works of art (“Original Works”) that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art that were created by another artist. As a Seller you may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide ARTISTS 4 INTERIORS with all the information requested by ARTISTS 4 INTERIORS and you must comply with any other ARTISTS 4 INTERIORS requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing ARTISTS 4 INTERIORS with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. ARTISTS 4 INTERIORS reserves the right to edit any listings.

You acknowledge that ARTISTS 4 INTERIORS reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Services - please see below for instructions.

If you want to remove a listing for an Original Work of Art or Digital Work from the Services you must submit a request in writing via the CONTACT form on the website. This must clearly state the name of each Original Work of Art or Digital Work item and that you, the original artist, request to have removed.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that:
(i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art;
(ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to ARTISTS 4 INTERIORS the rights in such Digital Works as contemplated under these Terms; and
(iii) neither the Original Works of Art nor Digital Works that you make available through the Services nor ARTISTS 4 INTERIORS’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant ARTISTS 4 INTERIORS a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to:
(i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting ARTISTS 4 INTERIORS, the Services.

You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

If you submit listings for Digital Works, you will permit other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service.

If you submit listings for Digital Works, you hereby grant ARTISTS 4 INTERIORS a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to:
(i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Sellers, Purchasers and other third parties via Online Sales and through other offline channels (“Offline Sales”); and
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting ARTISTS 4 INTERIORS and the Services.

You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. ARTISTS 4 INTERIORS may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling ARTISTS 4 INTERIORS to process and fulfill orders for Printed Works.

If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and ARTISTS 4 INTERIORS, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.

ARTISTS 4 INTERIORS and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or ARTISTS 4 INTERIORS’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between ARTISTS 4 INTERIORS and the third party website or ARTISTS 4 INTERIORS’s Offline Sales partner, as applicable, to ARTISTS 4 INTERIORS and share related shipping information, including the contact details of the purchaser where necessary, with ARTISTS 4 INTERIORS.

For Original Works of Art only, ARTISTS 4 INTERIORS will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by ARTISTS 4 INTERIORS, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. ARTISTS 4 INTERIORS will provide you with information regarding its preferred shippers with which ARTISTS 4 INTERIORS maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a ARTISTS 4 INTERIORS preferred shipper account, ARTISTS 4 INTERIORS will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to ARTISTS 4 INTERIORS if you are using a ARTISTS 4 INTERIORS preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, ARTISTS 4 INTERIORS (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a ARTISTS 4 INTERIORS preferred shipper or if you pay for the cost of shipping yourself, ARTISTS 4 INTERIORS will reimburse you for the amount you paid for shipping, up to the amount that ARTISTS 4 INTERIORS or the third party website charged the purchaser for shipping.

For sales of Original Works of Art via the Online Sales channels, ARTISTS 4 INTERIORS will credit your Account in an amount to be determined in accordance with ARTISTS 4 INTERIORS’s then-current standard pricing and revenue share terms (the “Artist Revenue Share”); for sales of Original Works of Art via the Services, subject to ARTISTS 4 INTERIORS’s receipt of confirmation of delivery to the purchaser, ARTISTS 4 INTERIORS will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, ARTISTS 4 INTERIORS will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by ARTISTS 4 INTERIORS, in its sole discretion.

You agree to comply with the terms and conditions of ARTISTS 4 INTERIORS’s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Services.

For sales of Printed Works via Online Sales and Offline Sales, ARTISTS 4 INTERIORS will credit your Account with the applicable Artist Revenue Share as set forth in ARTISTS 4 INTERIORS’s then-current standard pricing and revenue share terms, which, as noted above.

You will have the right to request ARTISTS 4 INTERIORS to remit the Artist Revenue Share in your Account in accordance with a ARTISTS 4 INTERIORS-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, ARTISTS 4 INTERIORS will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

If you remove a listing for a Digital Work from the Services, the license rights granted by you to ARTISTS 4 INTERIORS with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for ARTISTS 4 INTERIORS and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by ARTISTS 4 INTERIORS or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to ARTISTS 4 INTERIORS with respect to using such Digital Work to promote ARTISTS 4 INTERIORS, the Services will remain in full force and effect for only as long as necessary for ARTISTS 4 INTERIORS to fulfill any current obligations that require using the Digital Work for such promotional purposes.

Purchaser Terms and Conditions

Purchases of Original Works of Art

As a Purchaser, you may purchase Original Works of Art that are listed on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from the Seller identified on the listing for such work and not from ARTISTS 4 INTERIORS. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. ARTISTS 4 INTERIORS and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Seller identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of ARTISTS 4 INTERIORS’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Purchaser, you may purchase Printed Works that are listed by Sellers on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, ARTISTS 4 INTERIORS and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of ARTISTS 4 INTERIORS’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

Order Cancellations

ARTISTS 4 INTERIORS reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if ARTISTS 4 INTERIORS determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If ARTISTS 4 INTERIORS cancels an order placed via the Services, ARTISTS 4 INTERIORS will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Seller and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Services by Purchaser with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art or Digital Work to such Purchaser independent of ARTISTS 4 INTERIORS and the Services. Similarly, if you are a Purchaser and desire to purchase an Original Work of Art or Digital Work for which a Seller has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art or Digital Work from such Seller independent of the ARTISTS 4 INTERIORS and the Services. Violation of this provision may result in the termination of your account as an artist or Purchaser, in addition to any other remedies available to ARTISTS 4 INTERIORS including, without limitation, injunctive or other appropriate relief.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in Euros and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that ARTISTS 4 INTERIORS will withhold the Taxes required to be withheld from the payments ARTISTS 4 INTERIORS makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

  • For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.

If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Colour

You understand and agree that ARTISTS 4 INTERIORS uses commercially reasonable efforts to display the colours of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colours differently, ARTISTS 4 INTERIORS is not responsible for the colour accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights;
    (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    (iii) is fraudulent, false, misleading or deceptive;
    (iv) is defamatory, obscene, pornographic, vulgar or offensive;
    (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    (vi) is violent or threatening or promotes violence or actions that are threatening to any other person;
    (vii) harms minors in any way; or
    (viii) promotes illegal or harmful activities, products or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, ARTISTS 4 INTERIORS’s name, any ARTISTS 4 INTERIORS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARTISTS 4 INTERIORS’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, ARTISTS 4 INTERIORS’s computer systems or network, or the technical delivery systems of ARTISTS 4 INTERIORS’s providers;
  • Attempt to probe, scan or test the vulnerability of any ARTISTS 4 INTERIORS system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARTISTS 4 INTERIORS or any of ARTISTS 4 INTERIORS’s providers or any other third party (including another user) to protect Services, ARTISTS 4 INTERIORS Content or Seller Content;
  • Attempt to access or search Services, ARTISTS 4 INTERIORS Content or Seller Content or download ARTISTS 4 INTERIORS Content or Seller Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ARTISTS 4 INTERIORS or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a ARTISTS 4 INTERIORS trademark, logo URL or product name without ARTISTS 4 INTERIORS’s express written consent;
  • Use Services, ARTISTS 4 INTERIORS Content or Seller Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, ARTISTS 4 INTERIORS Content or Seller Content to send altered, deceptive or false source-identifying information;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

ARTISTS 4 INTERIORS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ARTISTS 4 INTERIORS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ARTISTS 4 INTERIORS has no obligation to monitor your access to or use of the Services or to remove any Seller Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ARTISTS 4 INTERIORS reserves the right, at any time and without prior notice, to remove or disable access to any Seller Content, listings for Original Works of Art or Digital Works, ARTISTS 4 INTERIORS Content or any other text, graphics, images, software, music, audio, video, information or other content or material that ARTISTS 4 INTERIORS, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

ADDITIONAL TERMS AND CONDITIONS

ARTISTS 4 INTERIORS’s Intellectual Property

The Services and ARTISTS 4 INTERIORS Content are protected by copyright, trademark and other laws of the Great Britain and foreign countries. Except as expressly provided in these Terms, ARTISTS 4 INTERIORS and its licensors exclusively own all right, title and interest in and to the Services and ARTISTS 4 INTERIORS Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or ARTISTS 4 INTERIORS Content.

Copyright Policy

ARTISTS 4 INTERIORS respects copyright law and expects its users to do the same. It is ARTISTS 4 INTERIORS’s policy to terminate in appropriate circumstances of Sellers or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that ARTISTS 4 INTERIORS is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ARTISTS 4 INTERIORS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, ARTISTS 4 INTERIORS will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. ARTISTS 4 INTERIORS reserves the right to revoke your access to and use of the Services, ARTISTS 4 INTERIORS Content and Seller Content at any time, with or without cause. In the event ARTISTS 4 INTERIORS terminates these Terms for your breach, you will remain liable for any amounts due hereunder.

Mobile Services

“Mobile Services” means certain software and services that are available via a mobile device, including:
(i) the ability to upload data to the Services via a mobile device;
(ii) the ability to use the Services from a mobile device; and
(iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.

Wireless Carriers: To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Notifications and Messages: By using the Mobile Services, you agree that we may communicate with you regarding ARTISTS 4 INTERIORS and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us.

Fees

ARTISTS 4 INTERIORS reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, bank account details, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to:

  • change descriptions or references to artworks, products, subscriptions, software or services;
  • limit the available quantity of any artworks, products, subscriptions, software, or services;
  • honour, or refuse to honour, any coupon, coupon code, promotional code or other similar promotions; and/or
  • refuse to provide any user of the Services with any products, subscriptions, software or services.
We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES, ARTISTS 4 INTERIORS CONTENT AND SELLER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTISTS 4 INTERIORS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTISTS 4 INTERIORS MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTISTS 4 INTERIORS CONTENT OR SELLER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTISTS 4 INTERIORS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTISTS 4 INTERIORS OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER SELLERS, PURCHASERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTISTS 4 INTERIORS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF SELLERS, PURCHASERS OR OTHER USERS OF THE SERVICES, NOR DOES ARTISTS 4 INTERIORS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY SELLERS, PURCHASERS OR USERS OF THE SERVICES. ARTISTS 4 INTERIORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER SELLERS, PURCHASERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold ARTISTS 4 INTERIORS, its officers, directors, employees and agents, 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 your access to or use of the Services, ARTISTS 4 INTERIORS Content or Seller Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, ARTISTS 4 INTERIORS Content and Seller Content remains with you. Neither ARTISTS 4 INTERIORS nor any other party involved in creating, producing, or delivering the Services, ARTISTS 4 INTERIORS Content or Seller Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, ARTISTS 4 INTERIORS Content or Seller Content, or from any communications, interactions or meetings with other Sellers, Purchasers or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ARTISTS 4 INTERIORS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will ARTISTS 4 INTERIORS’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, ARTISTS 4 INTERIORS Content or Seller Content exceed:
(i) if you are a Seller who has sold Original Works of Art or has licensed Digital Works and has received any Artist Revenue Share from ARTISTS 4 INTERIORS from the sale of Printed Works, the total payments made or credited to you by ARTISTS 4 INTERIORS for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and
(ii) if you are a Purhcaser who has purchased Original Works of Art or Printed Works, the total payments that you made to ARTISTS 4 INTERIORS for the Original Works of Art and/or Printed Works that are the subject of a claim.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARTISTS 4 INTERIORS and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of ARTISTS 4 INTERIORS used herein are trademarks or registered trademarks of ARTISTS 4 INTERIORS or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the laws of the England, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a court or arbitration located in England, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at info@artists4interiors.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The arbitrator, and not any other court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in England. As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totalling less than EUR €5,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between ARTISTS 4 INTERIORS and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between ARTISTS 4 INTERIORS and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ARTISTS 4 INTERIORS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ARTISTS 4 INTERIORS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given:
(i) by ARTISTS 4 INTERIORS via email (in each case to the address that you provide) or
(ii) by posting to the Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of ARTISTS 4 INTERIORS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ARTISTS 4 INTERIORS. 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. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting ARTISTS 4 INTERIORS

If you have any questions about these Terms, please contact ARTISTS 4 INTERIORS at info@artists4interios.com, or submit a request in writing via the CONTACT form on the website.

If you have a complaint, you may contact us at:
Indigo Jade Ltd.
Attn: Legal Department, ARTISTS 4 INTERIORS
156 Clarence Avenue
New Malden
info@artists4interios.com

© INDIGO JADE LIMTED. All rights reserved.