TERMS & CONDITIONS FOR ARTISTS
Last updated on September 13th, 2020
Welcome to Artezaar!
The following contains the terms and conditions (or, in short, the “Terms”) that will apply to your account with Artezaar (the “Account”) and your use of Artezaar’s website, applications and social media accounts (together referred to as the “Properties”) as well as the services that Artezaar may offer you from time to time (the “Services”). By signing-up for an Account with Artezaar, you (the “Artist”, as we like to call you) acknowledge that you have read and understood these Terms and accept to abide by them.
First, a quick word about these Terms.
At Artezaar, we believe that, together, we can do great things with art! This is why we like to keep things as simple and as clear as possible so that we, together, can comfortably focus on finding the inspiration we need to create beautiful art and showcase it to the world! As such, we encourage you to see these Terms, albeit their serious and binding nature, as a helpful guide to make the best use of what Artezaar can offer you! This means that we will always try our best to be clear and fair in our relationship with you. This also means that we may sometimes change these Terms so they are better adapted to how Artezaar evolves with time.
Who are we?
Artezaar is an online marketplace that allows Artists like yourself to showcase and potentially sell their artwork to art enthusiasts, art lovers, collectors and art professionals on its Properties. Artezaar and the Properties are owned by Artezaar LLC, a limited liability company in Dubai, the United Arab Emirates. Artezaar is managed by Leena and Teena, (https://artezaar.com/blogs/artist-profiles/leena-kewlani, https://artezaar.com/blogs/artist-profiles/teena-thawani).
Signing-up for an Account.
In order to collaborate with Artezaar, to allow us to feature you as one of our Artists and let us publish your artwork, you need to register with us (the “Account”). You may do so by filling up and submitting the online Artist Registration Form (which you may find by here: https://artezaar.com/blogs/for-artists/for-artists).
By submitting a duly completed Artist Registration Form, you would have successfully submitted to Artezaar to create an Account for you. You would also have provided us with your agreement to abide with these Terms.
Starting September 13th 2020, all approved new artists will now pay a one time non-refundable joining fee of AED 300 to process all your artworks and to create your profile. This fee includes us maintaining your profile, and doing all the changes as and when required. Artists registered before this date will not pay anything. However for artists who are rejoining Artezaar after September 13th 2020, the joining fee will be applicable.
Note for Artists under the age of 18: if you haven’t turned 18 by the time you sign-up for an Account with us, you may still be able to join Artezaar’s Artist list, but we will need to obtain Parental Consent in writing for any activity related to your Account or to any of your artwork. All our correspondence with you will include at least one of your parents or legal guardians, and they too will be invited to Artezaar’s Events. Parental Consent Form can be found here: https://artezaar.com/blogs/for-artists/parental-consent-form.
Activating your Account.
After signing-up, you will still need to activate your newly-created Account to start using it. This is a two-step process:
First, you’ll need to upload your artworks. To do so, you need to select at least 5 to 7 pieces of your original artwork, and submit it by completing the online Artwork Submission Form (which you may find by clicking here: https://artezaar.com/blogs/for-artists/artwork-submission-form).
Please ensure you follow these instructions whilst uploading:
Your artworks will be reviewed by Artezaar’s curator panel before being published on the Properties. We will notify you by email if, for any reason, any of your artwork is not published. But Artezaar shall be under no obligation to provide you with any explanation or reason for its decision.
By uploading your artwork, you acknowledge and agree that Artezaar reserves its right not to publish any of your artwork as per its sole discretion and shall not have to provide any reasoning for its decision thereto.
Also note, deleted artworks might not be re-uploaded by Artezaar. Artezaar reserves the right to re-upload or reject artworks that have previously been deleted off Artezaar website.
Pricing, Commission and Sale.
You set your price! We mark it up.
On Artezaar, each Artist sets the price for each of their artwork uploaded onto his or her Account. You may change the price for any of your posted artwork, at any time, by emailing Artezaar team and requesting the change. We will reflect the changes within 5 business days from the date of your email.
You acknowledge and agree that, for every artwork uploaded, Artezaar will be adding a 35% mark-up to the price you set, representing Artezaar’s commission.
Once an order is confirmed on the Properties, Artezaar will contact you and ask you to deliver the ordered artwork to Artezaar for validation and processing. You must ensure the ordered artwork(s) is delivered to Artezaar no later than 2 Business Days from Artezaar’s notification. Any delays may impact the sale of your ordered artwork. Once delivered, we will inspect your ordered artwork and validate it with the buyer. This validation may take up to 3 Business Days. We will notify you by email when your ordered artwork is validated and the sale completed.
Your posted artwork may be shown as “sold” on the Properties. You acknowledge and agree that this reference does not necessarily mean that your artwork has been sold and that it may indicate only that the relevant artwork has been ordered by a potential buyer. It is only when you receive a sale confirmation email from us that your artwork is considered duly sold.
Payments, Discounts, Shipping and Refunds.
Payments to Artists will be made within 30 days from a confirmed sale. Unless stated otherwise, payments to you are made in AED by wire transfer to the bank account details you provide us on your Account or done by Cash.
Artezaar shall arrange for the packaging, shipping and delivery of artwork to buyers within the United Arab Emirates. The shipping fees will be added to the sale price upon checkout and determined based on the sold artwork’s weight and size, subject to the shipper’s applicable shipping policy. Deliveries outside of the United Arab Emirates will be agreed with each buyer and artist on a case by case basis.
Artezaar reserves the right to cancel any order placed on the Properties at any time for any reason. When an order is canceled, the buyer will receive a full refund, and the Artist will not be entitled to any sales revenue.
If you receive any payment in connection with a sale and Artezaar thereafter issues a refund to the buyer for that sale, Artezaar shall have the right to credit that payment amount back from you. If Artezaar makes an overpayment to You for any reason, Artezaar shall have the right to either deduct the amount of such overpayment from the next sale or to demand the immediate repayment of such overpaid amount and you undertake to comply with Artezaar’s instructions in respect thereto.
Promotion of Artist and Artwork.
Unless you expressly state otherwise, Artezaar reserves the right to promote you and your artwork on social media, along with a number of other Artist’s artwork (as determined by Artezaar solely). Such promotion shall be at Artezaar’s sole discretion and expense and the Artists shall have no input or rights whatsoever in such promotion. You acknowledge that opting-out of the Artezaar-led promotions may have a detrimental impact on the sale of your artwork.
If requested in writing, social media links will be provided to you to co-promote your artwork. However, you acknowledge and agree that such links shall be the sole property of Artezaar and their operability subject to Artezaar’s control. You shall be solely liable for the links you publish and undertake not to publish such links on any site containing any unlawful or immoral content, or in association with any illegal, immoral, violent or political content.
At Artezaar’s sole discretion, you may be invited for free to participate in workshops and seminars, which generally include professionals from different industries to help Artists grow their skills and knowledge. You acknowledge and agree that should receive such an invitation and should you accept to participate, Artezaar does not make any warranty that these seminars and workshops will meet your requirements, or that the occurrence of such workshops or seminars will be guaranteed. Moreover, Artezaar makes no warranties as to the results that may be obtained from your participation to such workshops or seminars, or as to the accuracy, quality, or reliability of any information obtained through such workshops or seminars.
Licenses you give Artezaar.
By creating an Account and submitting your profile image and artwork images to Artezaar, you grant Artezaar a worldwide, non-exclusive, sub-licensable (strictly as permitted herein), non-transferable, royalty-free, license to use, upload, edit, prepare derivative works from, publicly display, publish (online and offline), market, promote and sell any artwork selected and identified by you via the upload of their images on Artezaar’s Properties and accepted by Artezaar in accordance with these Terms. For the avoidance of doubt, Artezaar’s right to sub-license your artwork shall be restricted to permit the publication of such artwork on Artezaar’s social media accounts and to undertake incidental promotional activities for such artwork and the Properties only when associated to such artwork, online and offline.
Furthermore, you acknowledge and agree that Artezaar shall have the right to manage the publication of images on its Properties at its sole discretion including the removal or refusal to post any images of artwork for any reason or no reason. For example, such images may be removed if Artezaar determines in its sole discretion that they may expose Artezaar or any of its officers, managers, directors, employees, representatives, suppliers or contractors to any legal liability or that the images may violate these Terms in any way.
The copyrights and authorship rights in and to all Artwork you submit remain with you as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights or authorship rights to Artezaar or its sub-licensees.
The ownership rights in and to all promotional materials created by Artezaar or its suppliers in relation to your Artwork shall remain with Artezaar. You may not use such promotional materials without the prior written approval of Artezaar in each case. In the event you no longer wish to collaborate with Artezaar, you acknowledge and agree to grant Artezaar the unrestricted right to continue using the promotional materials featuring your artwork in association with the artwork of other Artists, for a period of 6 months from the date of termination of you collaboration with us. Artezaar undertakes to cease using such promotional materials containing any of your artwork or intellectual property beyond the aforementioned period. In the event you are unable to guarantee such extended use to Artezaar for any reason, you undertake to compensate Artezaar by crediting an amount equal to the production cost incurred by Artezaar in connection with such promotional materials.
Properties Content and Copyright Infringement Disclaimer.
The Properties contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music, sound and software.
The entire content of Properties are copyrighted under the UAE copyright law (Federal Law no. 7/2002). You may not modify, publish, translate, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Properties’ content, in whole or in part.
You acknowledge and agree that, while Artezaar takes commercially reasonable steps to ensure that the rights of its Artists are not infringed upon, Artezaar has no obligation to pursue legal action against any alleged infringer of any of your intellectual property rights in and to any artwork or image thereof posted on the Properties. You hereby grant Artezaar the right and authority to take such steps as Artezaar deems commercially reasonable to protect Artezaar’s rights in the images and posts published on its Properties.
Representations and Warranties.
You represent and warrant that:
You agree to indemnify and hold Artezaar harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under these Terms. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
As an Artist, you will be solely responsible for the quality of your artwork, including any of the images uploaded in relation thereto. In case the images posted are misleading, and the buyer rejects the related artwork, Artezaar will not be responsible.
IN NO EVENT SHALL ARTEZAAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF ARTEZAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTEZAAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO ARTEZAAR.
Leaving Artezaar and Account Termination.
Your Account’s termination process will be as follows:
Your access to your Account may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Account or the Properties and destroy all materials obtained from such Account and all copies thereof, whether made under these Terms or otherwise.
Any unlawful use of the Account or the Properties can result in legal action.
Governing Law and Disputes Resolution.
These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates as applied in the Emirate of Dubai.
Any dispute or controversy arising out of or in connection with the interpretation or execution of any of these Terms shall be finally resolved by the courts of the Emirate of Dubai.
Updates and Changes to these Terms.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without the need to notify you. Please check these Terms periodically for changes. Your continued use of your Account following the posting of changes to these Terms will mean you accept those changes.
Our Data Collection Policy and Your Privacy.