EB Art Terms of Connditions
EB Art Collection 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.ebartcollection.com (the “Site”) Please read attentively the following terms and conditions (“Terms”) and our Privacy Policy, which may found at www.ebartcollection.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to here in, govern your access to and use of the Services, and make up a binding legal agreement between you and EB Art.
Certain areas of the Services and your access to various 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 regarding 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. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. 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 IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
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 POSTING ANY CONTENT ON THE SERVICES, YOU 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 AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modifications to these Terms
EB Art reserves the right, at its sole discretion, to change, discontinue or end the Services or to change these Terms, at any time and without prior notice. If we change these Terms, we will post the modification on the Services or provide you with a notice of the modification. We will still 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 a notice of a modification, you show that you agree to be bound by the changed Terms. If the changed Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back periodically to review these Terms.
Modifications to the Services
We reserve the right to change the URL, change or discontinue, and restrict or block access to the Services without notice to you. We may change or remove any Original Works of Art, Digital Works, EB Art Content from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, extremely violent, harassing, or otherwise unacceptable.
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, state, federal 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 exclusively for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is specifically prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Account Registration
In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option, you will become a “Member.” You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. EB Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether you have authorized such activities or actions. You will promptly notify EB Art of any unauthorized use of your Account.
Seller Terms and Conditions
You acknowledge that EB Art 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 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.
Responsibility for Works
You acknowledge and agree that you are entirely 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 EB Art 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 EB Art’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.
Purchaser Terms and Conditions
Purchases of Original Works of Art
You may purchase Original Works of Art that are listed. 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 explicitly indicated on the Site) or applicable Taxes, including VAT, if any, for which you are responsible and which will be independently identified on your receipt. EB Art 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. Original Work of Art will ship the purchased work straight to you. The terms and conditions of EB Art’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
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, including VAT, if any, for which you are responsible and that will be on your receipt. When you purchase Printed Works through the Services, EB Art 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 straight to you. The terms and conditions of EB Art’s then-current Return Policy apply to any Printed Works that you purchase through the Services.
Order Cancellations
EB Art reserves the right to cancel any order an Original Work of Art or Printed Work placed via the Services if EB Art determines, in its reasonable discretion, that the item is mis-priced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If EB Art cancels an order placed via the Services, EB Art will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
Taxes
If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including value added (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.
Color
You understand and agree that EB Art uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works, and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, EB Art is not responsible for the color 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, EB Art’s name, any EB Art trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EB Art’s express written consent;
- Access, tamper with, or use non-public areas of the Services, EB Art’s computer systems or network, or the technical delivery systems of EB Art’s providers.
- Attempt to probe, scan or test the vulnerability of any EB Art system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descrambler or otherwise circumvent any technological measure implemented by EB Art or any of EB Art’s providers or any other third party (including another user) to protect Services, EB Art Content or Member Content;
- 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 EB Art trademark, logo URL or product name without EB Art’s express written consent.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, EB Art Content.
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- 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.
EB Art fully have the right to investigate and prosecute violations of the above of the law. EB Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. EB Art Content or any other text, graphics, images, software, music, audio, video information or other content or material that EB Art, at its sole discretion, considers being objectionable, in violation of these Terms or otherwise harmful to the Services.
Resellers
The resale offer option will be displayed on all sold artworks. If someone makes an offer on an artwork that you have purchased through EB Art, you will be contacted by EB Art via email with the offer price as well as detailed instructions on how to move forward if you agree to sell. If you do not wish to accept the offer presented to you, you’re welcome to decline the offer. Should you decide to accept the offer, a member from our team will work closely with you through every step to the process.
- Your earnings: You will earn a portion of the offer amount net the artist’s resale payment (see below).
- Shipping and Handling: You are responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. In addition, we allow sellers to arrange a pickup or drop-off with one of EB Art’s couriers. You are required to deliver the artwork in the same condition and materials as described in the artwork description online or as discussed and agreed upon with EB Art’s advisory.
- Certificate of Authenticity: Reseller is required to deliver any certificate of authenticity that accompanied the artwork in the original purchase.
ADDITIONAL TERMS AND CONDITIONS
EB Art’s Intellectual Property
EB Art Content is protected by copyright, trademark and other laws of the Turkey and foreign countries. Except as expressly provided in these Terms, EB Art and its licensors exclusively own all right, title, and interest in and to the EB Art 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 EB Art Content.
Copyright Policy
EB Art respects copyright law and expects its users to do the same. It is EB Art’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
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, 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; honor, or refuse to honor, 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.
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, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, 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 federal, state, local, or 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 Antalya/ Turkey. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). 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.
Mean 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 a person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be Turkish or, for users who reside outside of the TR. the official language of your jurisdiction. 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 totaling less than USD $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.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between EB Art and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between EB Art and you regarding the Services.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without EB Art’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EB Art 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 EB Art 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 EB Art 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 EB Art. Except as expressly set forth in these Terms, the exercise by either party 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 EB Art
If you have any questions about these Terms, please contact EB Art at info@ebartcollection.com