Artlimes commits to strong and transparent privacy practices. Our Terms of Service explain:
- What Personal Data we collect and why we collect it
- How we use Personal Data
- Who we share Personal Data with
- The choices we offer, including how to access, update, and remove Personal Data
- How Online Sales work through our platform
Please read these Terms of Service carefully. By using or accessing the Service (defined below), you acknowledge that you have read, understood, and agree to be bound to all the terms and conditions of these Terms of Service, or other customer agreement between you and Artlimes that is applicable to the particular Service you are using or accessing (collectively, “User Agreements”).
We have kept this simple for your understanding, but if you're not familiar with terms like “cookies” or “IP addresses,” feel free to contact us. Your privacy is really important to us, so whether you're new to Artlimes or a long-time user, please take the time to get to know our practices.
- Welcome to Artlimes, an online art Platform as a Service (PaaS) owned and operated by Artlimes Ltd. a company registered in England and Wales, with company number 10190195 (hereinafter ‘Artlimes or ‘We') offering sellers and buyers a user experience to browse, purchase and sell art and/or high quality prints of their original artworks (hereinafter ‘Service').
- These Terms of Service (hereinafter ‘ToS') as may be modified from time to time are legally binding and apply to all users and all Services By purchasing, subscribing to, accessing or otherwise using Artlimes You acknowledge that you have given these Terms of Service reasonable and valuable consideration and you fully accept them. For Users under the age of 18 a parent's, guardian's or teacher's consent is required. By providing this consent parents, guardians or teachers represent full acceptance of these Terms of Service.
- Any modifications shall be effective upon publication by Artlimes. Your continued use of the Service after Artlimes posts the revised ToS signifies your acceptance of the revised ToS. Substantial changes will be communicated to Users via email, while Users may communicate with us at [email protected] for any related inquiry.
- All users either a) sellers, b) buyers, or c) curators d) moderators (hereinafter ‘Users' or ‘You') need to register by creating a username and a password for login.
- The information you provide needs to be accurate. You may not use false information or impersonate another person or company through your account.
- You are responsible for maintaining the confidentiality of the login details and Your account. Artlimes reserves the right to reject Your subscription for any or no reason, in particular, due to User's breach of these Terms of Service.
- By submitting your credit card information you expressly grant Artlimes the right to charge you with the relevant amount of money according to our pricelist.
- Artlimes may change its pricelist at all times subject to prior notice via email or relevant announcement on the platform.
- All content available such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade name, trade dress, logos, artwork, and software source code, databases and data of any kind, games, quiz customised or not, formats of any kind, user's scores (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, the overall know how and methods contained on Artlimes is owned, controlled or licensed by or to Us. We retain all rights, title and interest in and to the Content and any portion thereof and it is protected by copyright, patent and trademark laws, and various other intellectual property rights, trade secret and unfair competition laws. The Content is provided ‘as is' for your information and personal use according to the present ToS.
- Except as expressly provided in these Terms of Service, no part of Artlimes and no Content may be copied, reproduced, republished, rewritten, used as a news source, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercially exploited, without Our express prior written consent.
- Definition. "Your Content" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to Your Content.
- You are solely responsible for all content you share or make available while using Artlimes (hereinafter ‘Your Content' or ‘User's Content') and for all activity with respect to your account. Artlimes fully respects the intellectual property of others. We do not verify, endorse, or claim ownership of any User's Content, and you retain all rights, titles, and interest in and to your User's Content. Unless otherwise set forth in these Terms of Service, we do not store any User's Content, except as necessary for due provision of the Service.
By uploading your Content on Artlimes you automatically grant us and represent and warrant that do have the right to grant Artlimes, a non-exclusive, irrevocable, transferable, assignable royalty free, worldwide license (with the rights to sublicense) to use, copy, edit, make derivative words (eg translation), share and distribute such content, namely photographs, high quality digital prints, information regarding bios, location, artwork, suggestions, reviews and any related data and metadata (eg display name, shop name) solely to provide and improve the Service and to promote Artlimes in any formats and through any channels including any Artlimes service or any third party website or advertising medium.
You retain all of your rights to Your Content.
REPORTING UNAUTHORISED USE
- As mentioned, Artlimes takes intellectual property rights very seriously and considers Users conducting at the same manner. We do not, however, preemptively monitor copyright infringement on Artlimes. That said, we will act expeditiously to remove any infringing material if properly notified.
- If you believe that your intellectual property rights have been infringed on Artlimes, please contact us with the following information:
- A description of all of the copyrighted works that you claim have been infringed upon, as well as enough information to allow proper identification and location on Artlimes (e.g. link, path);
- Your personal information, sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;
- A statement in which you explain why in good faith you believe that your work has been used without authorization or other legal right;
- A signed (physically or electronically) statement by you, made under penalty of perjury, that the information included in your notice is accurate and that you are the copyright owner or authorized agent to act on the copyright owner's behalf.
LICENSE SELECTION FOR DIGITAL PRINTS
- Artlimes fully respects intellectual property rights as well as artists', designers', makers' right to select freely the license under which they wish to make publicly available and exploit their work. Therefore, Artlimes provides all users the option to freely select whether they want to upload their work under copyright or Creative Commons Licenses.
- We understand privacy and the protection of personal data as a fundamental right that must be considered in relation to its function in society and balanced against other fundamental rights, like freedom of expression, freedom to conduct a business, the right to an effective remedy etc. in accordance with the principle of proportionality. Rapid technological developments and the scale of the collection and sharing of personal data make us believe that the processing of personal data should be designed to serve mankind.
- User's personal data handling and protection is governed under the terms hereof and the provisions of General Data Protection Regulation (Regulation EC/679/2016).
- Personal data under ToS shall mean certain related categories you explicitly provide, such as your a) name; b) your email address; c) username and password; d) shipping and billing address; e) bank details; f) personal identification documents. This personal identification information collection is essential to enable us provide and improve our Services and goals that are communication with, development and management of Artlimes community, allowing artists, art dealers and galleries to sell original paintings, limited edition prints of Your Content, jewellery, sculptures and other artwork (hereinafter "Original Artworks"), to collectors and first-time buyers. For example, if you purchase an item we will share your shipping information with the seller and our shipping carriers with which Artlimes maintains an account; we use your email address to communicate with you. In addition, Artlimes collects other non personal identifiable information including aggregate user data such as the titles, URLs (addresses), and browser type, device type, settings, time zone, language, and other information related to the manner in which you access Artlimes. Your data will not be used for any other purposes than those listed above.
- Artlimes works hard to protect your privacy and security to the extent possible. Please note that for security and performance reasons, such content may need to be accessed by certain Artlimes personnel from time to time.
- Artlimes, located at 85 Great Portland street, First Floor, London, W1W 7LT, United Kingdom, is the manager of the Artlimes platform and Services (Data Controller). At the same time it will be acting as the processor of your information (Data Processor).
- You can have access to your personal data and ask for your rights, namely access, rectification, erasure, and ask for their correction or deletion by contacting at [email protected]. To protect your privacy and the privacy of others, we may have to verify your identity before we can give you access to, or change, information about you. Registered and unregistered users can access and delete cookies through their web browser settings.
- The following are just examples of the kind of conduct that is illegal or prohibited on Artlimes, that a) is defamatory, harassing, threatening, or an invasion of a right of privacy of another person, otherwise harms or can reasonably be expected to harm any person or entity; b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; c) solicits or is designed to solicit personal information from anyone under 18; d) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; e) using Artlimes in a manner inconsistent with any and all applicable law; f) damages Artlimes or any user or any third party by promoting false, fake or misleading information about Artlimes. If any of the above applies, Artlimes reserves the right to exercise any legal and/or judicial act.
- Users may not install, upload and/or distribute any content that contains a virus or other harmful component, or otherwise tampers with, impairs or damages Artlimes or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Services.
- Artlimes declares not to monitor your activity occurring in connection with the Services. Shall we become aware, however, of any possible violations of Terms of Service or provisions of applicable law, as indicatively described above, we reserve the right to investigate such violations, and may, at its sole discretion, immediately and without notice suspend access to Your account and/or the Services or change, alter or remove User's Content, in whole or in part. In this case we shall not be liable for damages incurred by the User.
- Artlimes and/or its third party service providers will be responsible for collecting billing and shipping information from the buyer and for processing payment for purchases via the Services.
- For Original Artworks only, Artlimes will provide the seller with the name and address of the purchaser and, unless otherwise instructed in writing in the form of email by Artlimes, the seller will be responsible for shipping the purchased Original Artworks directly to the buyer and/or its third party service providers. Pickups of Original Artworks will be organised by Artlimes after communication with the seller via email, unless the seller is be able to organise a pickup directly by using the Services. Artlimes will choose the most suitable shipping carrier during checkout, with which Artlimes maintains an account. Sellers have twenty four (24) hours to accept or reject an order via the Services. Sellers agree to package the Original Artworks with care as advised in the help section of the Artlimes platform (https://artlimes.com/help) and ship the purchased Original Artworks to the purchaser within seven (7) days following the date of purchase (the "Shipping Period"). If the seller does not ship the purchased Original Artworks to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. Sellers are responsible for providing accurate shipping weight, shipping dimensions and shipping address when listing Your Content via the Services. If the actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by the seller, Artlimes reserves the right to deduct the difference in shipping costs from the seller's final payment following a purchase, by providing the seller with the required proof and documentation. If a seller does not ship the purchased Original Artworks via an Artlimes shipping carrier with which Artlimes maintains an account or if a seller pays for the cost of shipping themselves, Artlimes will reimburse the seller for the amount the seller paid, up to the amount that Artlimes or the third party provider charged the purchaser for shipping.
- All sales for Original Artworks, Artlimes limited edition prints and frames are considered final and no returns will be accepted, with the exceptions of a) the buyer received the product damaged upon delivery; b) the buyer received a product with different characteristics stated in the order. Only in these cases, the buyer must report it to artlimes via email ([email protected]) within twenty four (24) hours and attach proof of photographic material.
- Sellers are able to provide their own custom return policy or no return policy at all for Original Artworks (the “Seller Return Policy”), which excludes any frames purchased with the order as stated in section 7.3. Artlimes will assist in the return process to which the buyer has agreed in the Seller Return Policy. Artlimes will refund the amount of the Original Artworks purchased as stated in the Seller Return Policy by deducting the amount directly from the seller's account, minus any shipping costs for delivering the order to the buyer, within sixty (60) days, and refund the amount in the account the buyer used to complete the order. In case of a dispute between the buyer and the seller where the item shipped was different, the seller is required to provide proof of photographic material via email ([email protected]) to Artlimes showing that the item was as stated in the Services and packaged following the guidelines in section 7.2. In the case where a resolution cannot be reached and Artlimes is unable to assist further, the buyer is responsible for returning the item to the seller within thirty (30) days in its original packaging, and will be refunded the full amount of the order within thirty (30) days of the seller receiving the item. In the case where the item was different than what is stated in the order and Artlimes has had to frame the Original Artwork, Artlimes will deduct any fees for framing the Original Artwork from the seller, after the seller has received the Original Artwork with an Artlimes frame. In case the frame was not delivered with the Original Artwork which was different to the seller, then Artlimes will deduct the amount for the frame from the buyer.
DISCOUNTS, PROMOTIONS AND CONTESTS
- You acknowledge that Artlimes reserves the right to promote and market Your Content through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Your Content. You always retain the right to remove a listing or reject an order from a buyer.
- Artlimes may operate contests and similar promotions (collectively, "Promotions") through the Service. You should carefully review the rules (e.g., the "Promotion Rules”) of each Promotion in which you participate through the Service, as they may contain additional important information about Artlimes' rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Promotion Rules conflict with these Terms, the terms and conditions of the Promotion Rules will control.
DISCLAIMERS & INDEMNIFICATION
- Artlimes is continuously working in order to provide to the fullest extent accurate, complete and up-to-date Content. Content is provided ‘as is' without conditions or warranties of any kind. In no event shall Artlimes be liable to any user or third party for any direct indirect, consequential, exemplary incidental, special or punitive damages arising from your use of the Services.
- Given the internet's design and architecture Artlimes does not warrant that any content will be error – free, that access hereto will be uninterrupted, that defects will be corrected or that any site service or the servers that make such content available are free of viruses or other harmful components. Artlimes does not warrant or make representations regarding the use or the result of the use of any Content.
- We understand Artlimes as a community that allows its members to inspire each other, to share knowledge, exchange ideas and develop co-creation processes in order to enhance natural, material and human capital. Users are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using Artlimes, disclosing personal information to other Users and conducting business.
- ToS and any modification hereof shall be governed by the laws of the United Kingdom, European Law and relevant international treaties. Any dispute arising from ToS or the Services shall be settled by arbitration and all parties shall be bound in full.
Last Updated on July 8, 2020
- ToS describe the final binding agreement between Artlimes and its Users. In the event that any clause or portion of ToS was declared null and void for any reason whatsoever, the rest of the ToS shall remain in full force and effect.
- In the event a User disagrees with the present ToS, he shall not use Artlimes.