/ ARTISTS TERMS /

Welcome to Arttraffic. This section (the terms) explains the different types of subscription available to you to enable you to upload and offer for sale your artistic works (referred to in this section as Works) on www.arttraffic.co.uk.

The terms also detail the legal conditions which apply to all artists displaying Works on www.arttraffic.co.uk. Please read this section carefully: if you have any questions, check out our FAQ section. If you require any further information, contact us at info@arttraffic.co.uk.

SUBSCRIPTION TYPES

The subscription rates available to you are detailed in the following table:

LEGAL TERMS AND CONDITIONS

1. Your relationship with Arttraffic

1.1 These terms form a binding legal agreement between you and Arttraffic (we, us, our), whose principal place of business is at Unit 12, Greenbank Industrial Estate, Newry, County Down, Northern Ireland BT34 2QU. These terms are in addition to the terms of use provisions displayed on www.arttraffic.co.uk (Terms of Use), and you and we agree that the Terms of Use are extended to include these terms in relation to any display by you of any artistic work (Work) on the Site. To the extent any provision of these terms conflicts with any of the Terms of Use, the provisions of the Terms of Use shall prevail. By accepting these terms you agree to be bound by their effect. Definitions used in these terms have the meaning given them in the Terms of Use.

2. Termination

2.1 You and we agree that your participation on the Site is subject to the termination provisions detailed in clause 10 of the Terms of Use.

3. Submitting Works to Arttraffic

3.1 We recommend that photos submitted for inclusion on the Site depict each Work taken in normal daylight in order to give a true representative of the Work’s image. We reserve the right to specify minimum submission requirements, but in any case you must supply a high-quality digital image of each Work you wish to display on the Site. We reserve the right to require alternative photos of your Work(s) from you to meet our submission requirements from time to time in force.

3.2 Arttraffic is committed to disseminating art in all forms and styles. However, we have no wish to breach laws or offend third parties. You therefore acknowledge and agree that any and all Works shall comprise Content for the purposes of clause 7 of the Terms of Use, and accordingly you represent and warrant to us that:

3.2.1 you have the lawful right to reproduce and distribute such Works;

3.2.2 the uploading, downloading, posting, emailing or transmission by any other means of the Works will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; and

3.2.3 the Works posted by you will not be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including rights of celebrity, privacy and intellectual property.

3.3 You accept and acknowledge that where we, in our discretion, decide that a Work submitted by you may cause you to be in breach of any warranty given in accordance with clause 3 above we may remove the Work from the Site. In the event that we do so, and where your subscription class is Standard or Superior, we will notify you to enable you to submit an alternative Work. However, our ability to take down works does not constitute, and shall not be deemed to be, an obligation upon us to police and/or check Works submitted by you or by any other person, and we expressly disclaim any responsibility to do so. Finally, where we (in our discretion) determine that you are in persistent or material breach of these terms (including without limitation the Terms of Use) we reserve the right to suspend and/or permanently disable your account.

3.4 Subject to clauses 2.2 and 3.3 above, any Work submitted by you and accepted on to the Site will remain displayed on the Site until the earlier of:

3.4.1 its sale;

3.4.2 the termination of your year’s subscription, where you do not resubscribe for the following year; or

3.4.3 the date two months after your submission of the Work.

3.5 You may market any Work through other channels at the same time as marketing it on the Site, provided that:

3.5.1 this shall not cause you to be in breach of any obligation imposed by these terms;

3.5.2 you shall not offer the Work at a price lower than the sale price at which you are selling the Work on the Site;

3.5.3 if you sell the Work other than through the Site, you shall immediately either remove the Work from the Site, or attach a sold tag to the Work on the Site.

3.6 By submitting the Work to us for display on the Site, you are:

3.6.1 granting us a royalty-free, transferable and non-exclusive licence to display the Work on the Site in such manner and format as we may decide (including without limitation to be used in such publicity or marketing of the Site as we may in our discretion determine); and

3.6.2 undertaking, representing and warranting to us that you will sell and deliver the Work to any buyer paying to us the sale price stated for the Work (subject at all times to the provisions of clause 4.2.1 below).

4. Selling Works to Buyers

4.1 You are solely responsible for identifying the price (referred to in these terms as the sale price) at which your Works are sold. The price must include all applicable taxes, delivery and insurance costs. In calculating the price you will take into account the commission payable to us, as calculated in accordance with the subscription type applicable to you.

4.2 In the event that a buyer buys any of your Works, they will pay the sale price to us. Upon receipt of the buyer’s payment in cleared funds, we will contact you to notify you of the sale (Sale) with the buyer’s contact details. You will:

4.2.1 (where the relevant Work is unavailable for sale for any reason) promptly notify us that the Work is unavailable, and notify us of any other Work of similar style and cost which can be offered to the buyer as an alternative;

4.2.2 (in all other cases) promptly and in any case within five working days dispatch the Work to the buyer at the address we supply to you.

4.3 The Work must arrive with the buyer no later than ten working days after our notification to you of a Sale in accordance with clause 4.2 above. If the Work has any particular delivery requirements which make it impossible to deliver to the buyer without further contact, you will immediately notify us upon our contacting you in accordance with clause 4.2.

4.4 You must package the Work to minimize as far as reasonably possible any risk of damage to the work. You must follow as a minimum arttraffic’s Packaging Requirements, but you acknowledge that these are only minimum guidelines and you accept and agree that it is your responsibility to quantify any risks involved in delivery and to take appropriate steps.

5. Payment and Refunding Buyers

5.1 Subject to the buyer’s requiring a refund (in which case clause 5.2 below shall apply), we will pay you the sale price for any Work sold in accordance with these terms no later than one month after our notification to you of the Sale of the relevant work in accordance with clause 4.2. You agree that we shall deduct from the sale price the commission thereupon, calculated at the rate applicable to your subscription type and as detailed at the beginning of these terms.

5.2 You acknowledge and agree that any buyer may have a legal right to a refund in certain circumstances, including without limitation where the Work arrives damaged, and/or where applicable law grants the buyer the right of claiming a refund within a certain time period (for example, and without limitation, in accordance with the United Kingdom’s Consumer Protection (Distance Selling) Regulations 2000). Accordingly you acknowledge and agree that:

5.2.1 we may in our discretion determine where a refund is appropriate, and we may repay any payment made by any buyer without liability to you;

5.2.2 we disclaim responsibility for the cost of retrieving any Work for which a refund is made. Normally this will be the responsibility of the buyer, but in the event that the buyer fails to return the work it is your sole responsibility to make arrangements to retrieve the Work, and we will not be responsible for any cost arising therefrom;

5.2.3 where we agree to refund any buyer, and have already paid you the sale price net of commission in accordance with clause 5.1 above, you will promptly repay to us any payment made by us to you in relation to the Work (and for the avoidance of doubt, failure so to repay us will be deemed a material breach of these terms).

6. Liability and Indemnity

6.1 The exclusions of warranty and limitations of liability detailed in clauses 11 and 12 of the Terms of Use in relation to your use of the Site shall also apply in relation to your submission to us of any Work, and our display of the Work on the Site. In particular and without limitation, and where applicable by way of extension of the provisions of the Terms of Use, we exclude liability to the maximum extent permitted by applicable law for the following:

6.1.1 the failure of any and all Works submitted by you to sell (and for the avoidance of doubt we make no representation and give no guarantee that any Work shall sell);

6.1.2 the operation and performance, including without limitation availability, of the Site;

6.1.3 the use by any third party of any image of any Work submitted by you; and/or

6.1.4 the accuracy of any information about any Work (including sale price) as displayed on the Site.

6.2 You agree to indemnify and keep indemnified us, our directors, officers, employees, partners and/pr subsidiaries on demand against any and all claims, costs, liabilities, loss and expenses (including reasonable legal expenses) incurred by us whether directly or indirectly as a result of your negligent act or omission and/or breach of these terms.

7. General legal terms

7.1 For the avoidance of doubt, the provisions of clause 14 of the Terms of Use shall apply.