Artist Terms & Conditions

3. Creating an Artist Account

In order to collaborate with Artezaar and allow us to feature you as an Artist and publish your Artwork on the Platform, you must register and make an account (“Account”). This can be done by completing and submitting the online registration form (“Artist Registration Form”), which can be found here: https://artezaar.com/blogs/for-artists/for-artists.

 

By submitting a duly completed Artist Registration Form, you are submitting a request for an Account to be created for you on the Platform. In doing so, you confirm that you have read, understood and agree to be bound by these Terms.

 

If you are under eighteen (18) at the time of registration, we will require written consent from a parent or legal guardian for any activity relating to your Account or Artwork, which can be provided through our standard form, available here: https://artezaar.com/blogs/for-artists/parental-consent-form. In such case, any and all correspondence between us and yourself will always include at least one of your parents or legal guardians and one parent or legal guardian will be invited to our events.

 

Note: We do not guarantee the sale of any Artwork upon joining our community or creating an Account. You acknowledge and understand that we are a marketplace and a Purchaser is free to choose the Artwork they desire.

 

4.  Activating Your Profile

 

All Accounts are reviewed and subjected to a curation and approval process to ensure they meet the Platforms standards. Following approval, all new Artists will pay a non-refundable joining fee of Arab Emirate Dirhams Seven Hundred only (AED 700) plus value added taxes (“VAT”) (“Joining Fee”) to create the Account and to process all their Artwork for onboarding onto the Platform. This Joining Fee includes maintaining your profile, the Artwork listings, implementing updates and supporting any changes required to ensure the profile remains accurate and up to date on the Platform and doing all the changes as and when required. Please note that if you are an Artist who used to be on our Platform previously and are re-joining, the Joining Fee will be applicable again. The Joining Fee is strictly non-refundable under all circumstances.

 

Your Account will be successfully created on the Platform only upon confirmation and receipt of the Joining Fee.

 

Once the Account is created, activation is required to unlock full functionality.  You must upload your Artwork to the Platform, selecting between five to seven (5 - 7) pieces of original Artwork. Each Artwork must be uploaded using the online submission form (“Artwork Submission Form”). This Artwork Submission Form can be found here: https://artezaar.com/blogs/for-artists/artwork-submission-form. We encourage you to put up as many available pieces to showcase on the Platform. 

 

Once this is complete, the Account will be activated and ready for use by you to the full extent. Please note that your Account activity will be monitored. If you are consistently inactive, your Account may be subject to review and you will receive a notification via the registered mobile number and email linked to your Account in accordance with clause 16 of these Terms. Continued inactivity may result in the removal of the Account from the Platform in accordance with clause 17 of these Terms.

 

5.  Artwork

 

5.1 Submission of Artwork

Whilst uploading each Artwork, the following instructions apply. You shall:

• upload up to five (5) high resolution images per Artwork, preferably square-size photos, with two full shots of the Artwork, cropped and cleaned. Include a few close-up shots if there are specific details to highlight. Please ensure the camera is set to high resolution imagery. All pictures must be taken during daylight. No side angle photos will be accepted; 
• ensure all images of the Artwork are clear of any watermarks. If Artwork with a watermark is received, it will not be published on the Platform;
• not add a lot of filters or saturation to distort the colours of the Artwork as this could be deceiving;
• ensure that the name submitted on the Artwork Submission Form is correct, as it is the name that will be displayed on the Platform. Please note that this cannot be changed once submitted; and
• not upload any Artwork that is purely AI-generated. AI-assisted or AI-enhanced works may be permitted where you have made a meaningful creative contribution to the final work, as determined at our sole discretion. We will need a declaration in such case as to the extent of the AI-assistance or AI-enhancement for each such Artwork.

Your Artwork will be reviewed by our curator prior to being published on the

Platform. If, for any reason, any of your Artwork is not published, you will be

notified in accordance with clause 16 of these Terms. Please note that we are

under no obligation to provide any explanation or reason for this decision. By

uploading your Artwork, you acknowledge and agree to this. We reserve the

right not to publish any of your Artwork, at our sole discretion.

 

You must not upload, display or distribute any Artwork featuring the images,

likenesses or representations of members of the UAE Royal Family, nor any

content deemed culturally, geo-politically, politically or religiously sensitive or

inappropriate under applicable UAE laws and public morals. Any breach of this

provision shall result in immediate removal of the content and may lead to

suspension or termination of the Account in accordance with clause 17 of these

Terms. You agree to fully indemnify and hold harmless Artezaar against any

claims, liabilities, damages or expenses arising from such breach.

  

5.2  Maintaining Artwork and Accounts

In order to maintain your Account, you should ensure that a minimum of five to seven (5-7) Artworks are actively listed on the Platform at all times. You should also ensure to upload minimum 2 new artworks each year to keep your account active. If there are less than five (5) Artworks displayed, or you have not uploaded 2 new artworks within 12 months, we will suspend the promotional activities of your Account and shall issue a reminder requesting the upload of additional Artworks to meet the minimum requirement. 

If you fail to do so within seven (7) days of such notice, we reserve the right to remove your Account and all associated Artworks from the Platform. You are solely responsible for ensuring that all listed Artworks are accurate, available and up to date at all times. This includes notifying us of any changes to an Artwork, including but not limited to availability, condition or framing. You must inform us of such changes in accordance with clause 16 of these Terms.

Any Artwork removed from the Platform may not be re-uploaded. We reserve the right, at our sole discretion, to re-upload or reject Artworks that have previously been deleted from our Platform.

 

You understand and agree that we shall have the right to manage the publication of Artwork on its Platform at its sole discretion including the suspension, removal or refusal to post any images of Artwork for any reason or no reason. Without limitation, such images may be removed if we determine at our sole discretion that they may expose us or any of our officers, managers, directors, employees, representatives, suppliers or contractors to legal or regulatory risk or that the images may violate these Terms or applicable laws in any way.

 

5.3  Unavailable Artwork and Penalty 

 

Where any Artwork listed on the Platform becomes unavailable for any reason, you shall, where practicable, provide us with no less than twenty-four (24) hours’ prior written notice to enable us to remove the relevant listing from the Platform.

Such notice must include:

• the reason for the unavailability; and
• the anticipated duration for which the Artwork will remain unavailable.

In circumstances where it is not reasonably practicable to provide the full twenty-four (24) hours’ prior notice, you shall notify us immediately upon becoming aware of the unavailability and provide the information specified above.

All notices under this clause shall be sent by email to leena@artezaar.com.

Where you fail to fulfil an order, become unresponsive, disappear post-sale or are otherwise unable to complete the transaction after a sale has been confirmed, we reserve the right to cancel the order and issue a refund to the Purchaser.

Where a confirmed sale cannot be completed due to the Artwork being unavailable from you, a penalty of twenty percent (20%) of the Artwork’s sale price is payable to us, together with any applicable VAT. You must settle such an amount via bank transfer or credit card within the timeframe specified by us. Failure to make payment may result in the suspension or termination of your Account and removal of your Artwork from the Platform in accordance with clause 17 of these Terms.

We may, at our discretion, take any action we deem appropriate to protect the Purchaser and its commercial interests, including arranging a replacement Artwork, facilitating alternative fulfilment or issuing refunds. We may recover any associated costs, losses, refunds, penalties or compensation from you, including by way of set-off against any amounts otherwise payable to you.

In the event of returns due to damage, misrepresentation, late delivery or failure of the Artwork to correspond with its description, we reserve the right to determine the appropriate remedy, including repair, replacement or refund.

Repeated failure by you to fulfil orders or comply with these obligations may result in suspension or termination of your Account in accordance with clause 17 of these Terms.

 

6.  Payment and Pricing

 

You shall set the sale price for each Artwork submitted via the Artwork Submission Form, which shall be inclusive of our commission of forty percent (40%) (together referred to as the “Price”), which you expressly acknowledge and agree to.

 

When the Artwork is sold, we will retain our commission from the Price and the balance shall be payable to you after completion of the sale, in accordance with our ‘Commission Calculation’ and ‘Payment Schedule’ as detailed in clauses 6.1 and 6.2 of these Terms.

 

6.1    Commission Calculation

 

If we sell a painting, forty percent (40%) commission will be deducted from the final Artwork amount paid by the Purchaser. Such commission is calculated as follows: if a painting is sold at AED 1000 (before VAT), then AED 400 (that’s 40% of AED 1000) will be deducted as our commission and AED 600 will be paid to you). This is applicable across all Artworks you upload to the Platform. 

6.4    Cancellation of orders

 

We reserve the right to cancel any order placed on the Platform at any time and for any reason. In such circumstances, the Purchaser shall receive a full refund and you shall not be entitled to any sale proceeds. Where you have already received payment in connection with the sale that is subsequently refunded to the Purchaser, we reserve the right to recover the relevant amount from you and in such case, you undertake to immediately refund the proportion of Price, when requested by us.

 

7.  Refunds

 

All Purchasers have the right to return the Artwork and ask for a refund within seven (7) days from the date of delivery of the Artwork. Where relevant, we will process the refund and inform you. Accordingly, the Artwork will be made available again for sale on the Platform and will be delivered back to the shipper (either you or us). Costs for shipping back the Artwork to shipper shall be at the cost of the Purchaser.

 

8.  Packaging

 

When the Artist is in possession of the Artwork, they  shall be responsible for ensuring that the Artwork is properly packaged, handled and delivered in a condition suitable for transport for that specific Artwork. If there are specific conditions for transportation including temperature control, it is the Artists’ responsibility to ensure this is informed in advance to either or both, us and the shipping company.

 

This includes ensuring there is a sticker that reads ‘FRAGILE’ on each package and the use of appropriate protective materials to prevent damage in transit, such as bubble wrap. We shall provide you with an airway bill to be attached to the Artwork.

 

You are responsible for printing and attaching the airway bill to the front of the package containing the Artwork. Failure to do so can lead to the Artwork getting lost or misplaced. We are not liable for any such loss.

 

If the Artwork is being shipped to us the costs for shipping to us to further ship to the Purchaser are borne by you. We reserve the right to refuse collection or processing of any Artwork that is inadequately packaged.

 

Please note you are strictly prohibited from contacting the Purchaser directly or using or saving any of the contact details found on the airway bill, in compliance with clause 19 of these Terms.

 

9. Shipping and Delivery

 

9.1    Local Deliveries

 

Once an order is confirmed on the Platform, we shall notify you to arrange delivery of the sold Artwork, where the Artwork is not already in our possession. You must ensure that the Artwork is delivered to the Purchaser or made available for delivery no later than two (2) Business Days from our notification and packaged in line with clause 8 of these Terms. Any delays from you may impact the completion of the sale of your Artwork and could also result in a penalty to you if the Purchaser cancels the order due to unavailability.

If we are in possession of the Artwork, we shall arrange for the shipping and delivery of Artwork to Purchasers within the United Arab Emirates (unless otherwise agreed in writing with you). The shipping fees to be paid by the Purchaser, will be added to the Price upon checkout and determined based on the specific Artwork’s weight and size, subject to the shipper’s applicable shipping policy.

 

9.2    International Deliveries

 

International deliveries to Purchasers outside of the United Arab Emirates will be agreed separately with each Purchaser and yourself, on a case by case basis. In the case of international shipping to the Purchaser, the delivery method, the responsibility for shipping arrangements, customs clearance, duties and associated costs shall be allocated and borne as determined by us and communicated in writing to you at the time of the sale. If you do not agree, you can inform us within twenty-four (24) hours of being informed that the Artwork has been ordered. You may be required either to:

1. ship the Artwork to us in accordance with clause 8, in which case we shall, upon receipt, arrange onward delivery to the Purchaser; or
2.  ship the Artwork directly to the Purchaser.

In all cases, you shall comply with the agreed shipping method and any applicable requirements under these Terms.

10.  Sale, Promotion of Artist and Artwork

Once the Artwork is ordered by a Purchaser, the Artwork may be displayed as “sold” on the Platform. You acknowledge and agree this status does not necessarily confirm a completed sale and may instead reflect that the relevant Artwork has been ordered by Purchaser. An Artwork shall only be considered properly “sold” once we have transferred the applicable payment to you. Upon completion of the sale, the Artwork shall no longer be available on the Platform and we shall send a confirmation email, which is typically sent after the expiry of the refund period set out in clause 7.

 

All sales of Artwork are subject to clause 7.

 

Unless otherwise expressly stated, we reserve the right to promote you and your Artwork on the Platforms. All such promotion shall be at our sole discretion and expense and you shall have no control over or rights in relation to such promotion. You acknowledge that opting out of our promotions may adversely affect the sale of your Artwork.

 

Upon written request, we will provide social media links to enable you to co-promote your Artwork. You acknowledge and agree that such links remain our sole property and the availability and operability remains within our control. 

 

You shall not publish such links on any platform or media containing unlawful or immoral content or in connection with any illegal, immoral, violent or political material.

 

11. Events

 

At our sole discretion, you may be invited 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 you receive such an invitation and should you accept to participate, we do not make any guarantee or warranty that these seminars and workshops will meet your requirements or that the occurrence of such workshops or seminars will be guaranteed. Moreover, we make no guarantees as to the results that may be obtained from your participation in such workshops or seminars or as to the accuracy, quality or reliability of any information obtained through such workshops or seminars.

 

From time to time, we may organize, host, participate in or facilitate exhibitions, events, showcases or similar promotional activities in which selected Artwork may be displayed, exhibited, held, stored or otherwise made available for viewing by the public or invited guests. We shall not be liable for any loss, damage, theft, deterioration, delay in return or inability to recover the Artwork to the extent arising from the acts, omissions, closure, insolvency, non-cooperation, access restrictions or failure of a third-party venue or exhibition provider, provided that such circumstances arise outside of our direct control where we have used reasonable efforts to contact the relevant third-party and assist with the recovery and return of the Artwork. 

 

12. Intellectual Property

 

By creating an Account and submitting your profile image and Artwork to the Platform, you grant us and the Platform a worldwide, non-exclusive, non-transferable, royalty-free, license (with a limited right to sub-license strictly as set out herein) to use, reproduce, upload, edit, prepare derivative works from, publicly display, publish (online and offline), market, promote and offer for sale any Artwork selected and identified by you via the upload of such Artwork on the Platform and accepted by us in accordance with these Terms. 

 

For the avoidance of doubt, all intellectual property rights in and to the Artwork shall remain vested in you. Nothing in these Terms shall operate to transfer ownership of such rights to us. The license granted herein is limited to the operation, promotion and commercialization of the Artwork on the Platform. Our right to sub-license shall be strictly limited to enabling the display, marketing and promotion of your Artworks on the Platform and associated channels, including third-party platforms, media and offline events, solely in connection with the promotion and sale of the Artwork and the Platform. You acknowledge that you are solely responsible for ensuring compliance with all such legal requirements, including obtaining and maintaining any necessary licenses or permits required to sell, market or promote your Artwork. We shall have no responsibility or liability in respect of your failure to comply with any applicable laws or regulatory requirements.

 

All rights in and to all Artwork you submit remain with you as the owner of the Artwork until it is officially sold. Once it is sold, the Artwork shall belong to the Purchaser however the intellectual property rights continue to vest with you with a perpetual, worldwide, non-exclusive, royalty-free, license in the Artwork transferred to the Purchaser.

 

The ownership rights in and to all promotional materials created by us or our suppliers in relation to your Artwork shall remain with us subject to the license you provide us in this clause 12. You may use such promotional materials for as long as the Artwork is listed on the Platform. In the event you no longer wish to collaborate with us, you acknowledge and agree to grant us the unrestricted right to continue using the promotional materials featuring your Artwork in association with the Artwork of other artists, for a period of six (6) months from the date of termination of your collaboration with us. We undertake 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 us for any reason, you undertake to compensate us by crediting an amount equal to the production cost incurred by us in connection with such promotional materials.

 

13. Platform Content and Copyright Infringement Disclaimer

 

The Platform contains copyrighted material, trademarks and other proprietary information, including but not limited to the Artwork (the “Content”). All Content available on the Platform is protected under applicable intellectual property laws, including but not limited to UAE Federal Decree-Law No. 38 of 2021 on Copyrights and Neighbouring Rights, as amended from time to time.

 

You shall not modify, publish, translate, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Platform’s’ content, in whole or in part, without prior written consent from us, which can be obtained by notifying us in accordance with clause 16.

 

We reserve the right, upon becoming aware of any alleged infringement or unauthorised use, to immediately suspend, remove or disable access to the relevant Artwork without prior notice. We may also suspend or terminate your Account in cases of actual or suspected infringement in accordance with clause 17.

 

You acknowledge and agree that, while we may take steps as we deem commercially reasonable to ensure our own rights, the integrity of the Platform and your rights are not infringed upon, we are under no obligation to initiate or pursue legal action on behalf of you. We reserve the right to take any action we consider appropriate in response to infringement, including cooperation with right holders and competent authorities, to protect our rights in the Artworks published on the Platform. 

 

14. Representations and Warranties

 

You represent and warrant to us that:

 

     i)          you have the full right, power and authority to accept these Terms and create an Account with us and to fully perform all of your obligations hereunder;

   ii)          you are under no legal disability or contractual restriction that prevents you from accepting these Terms;

 iii)           you are the sole legal and beneficial owner of the Artwork you make available for sale through the Platform and your Account and all the related images posted thereto;

 iv)          if the Artwork contains any human likeness from which an individual may be identified, you own or have acquired all rights to use such human likeness;

   v)          if the Artwork you contribute on the Platform contains third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under applicable intellectual property laws;

vi)            your Artwork and any content related thereto made available or published on the Platform is your original work, is not derived from or inspired by the work of other artists and does not violate or infringe the privacy rights, publicity rights, copyright rights or intellectual property rights of any third-party;

vii)          all submitted Artwork is original and does not infringe the intellectual property rights or other rights of any third-party. Upon becoming aware of any alleged infringement or unauthorised use, we reserve the right to immediately suspend, remove or disable access to the relevant content without prior notice. You are solely responsible for any breach of this warranty for any legal claims, proceedings or liabilities arising from or in connection with any infringement or alleged infringement of third-party rights. You shall promptly cooperate with any investigation and remove the infringing content upon request;

viii)        you are in full compliance with all applicable laws and regulations in the UAE and any other relevant jurisdiction, including but not limited to requirements relating to trade licenses, freelance permits, commercial activities, advertising and social media promotion permits, tax registration and reporting obligations; and

 ix)          there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Artwork made available on the Platform or which might in any way impair the rights granted by you hereunder.

 

Without prejudice to the foregoing, we reserve the right, at our sole discretion and without liability, to remove any infringing Artwork from the Platform and where appropriate suspend or terminate your Account in line with clause 17.

 

15. Liability and Indemnity

 

You agree to indemnify and hold harmless Artezaar, our directors, employees, representatives and affiliates against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of or in connection with:

 

     i)         any breach or claimed breach of any of your representations or warranties or any of your obligations under these Terms;

   ii)         any infringement or alleged infringement of third-party rights; or

 iii)          any failure to comply with applicable laws, regulations or licensing requirements.

 

You acknowledge liability for any incidental, consequential or special damages in the case of third-party claims related to the Artwork, if the cause does not arise directly from us. For clarification, as an Artist, you are solely liable for the originality and quality of your Artwork, including any of the images uploaded in relation thereto and in case the images posted are misleading causing the Purchaser to reject the related Artwork, we will not be responsible.

 

In no event shall we 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 Platform, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, if proven, will at all times be limited to value received by us in respect of the specific Artwork in respect to which any claim arises. For avoidance of doubt, you may not make claims against any other artists’ Artwork on the Platform except in case you believe it breaches your intellectual property or ownership rights in some manner in which case you agree that you shall not involve us nor make any claim against us in this respect.

 

16.  Notices

 

Any notice, request, demand or other communication under these Terms shall be made in writing and shall be deemed validly given if sent to the email address registered to your Account (the “Registered Email Address”). You agree that the Registered Email Address provided at the time of Account creation, as updated from time to time via the Platform, shall be the designated address for receipt of all communications from the Platform. Any notice sent by email to your Registered Email Address shall be deemed received at the time of transmission, unless a delivery failure notification is received by the sender. You are solely responsible for ensuring that your Registered Email Address remains current, accurate and accessible. The Platform shall not be liable for any failure by you to receive communications due to outdated or incorrect email details.

 

The Platform may also provide notices by posting on the Platform, sending a text message via your registered mobile number or through your Account, which shall constitute valid notice in addition to email communication.

 

Where you would like to provide notice to us for any purpose mentioned in these Terms, you shall issue the notice to us at: leena@artezaar.com. You must send such notice from your Registered Email Address to our designated contact email address. Notices sent from any other email address may not be recognised as valid.

 

17. Account Termination

 

You may choose to leave us at any time by giving us notice in accordance with clause 16. We reserve the right, at our sole discretion, to suspend or terminate your Account at any time, with or without notice, where you are in breach of these Terms or where we reasonably determine that continued use of the Account may expose us to legal, regulatory or reputational risk. Without limitation, the occurrence of two (2) violations of these Terms shall entitle us to remove your Account.

 

Upon suspension or termination of your Account:

 

  i)           your Account and Artworks will no longer be visible to the public and we shall cease all promotion and marketing of your Artwork;

ii)           your access to the Account and Platform may be immediately restricted or revoked; and

iii)         you shall immediately cease all use of the Platform and any associated Services.

 

Even if your Account is terminated, we shall not be required or obligated to remove any content, including but not limited to posts, advertisements, blogs, videos or other materials relating to your Artwork, published prior to termination or suspensions across the Platform. Such content may remain available after termination or through suspension but shall neither be actively promoted nor available for sale. Any ongoing or scheduled promotional activities, including but not limited to vouchers, advertisements or promotional events, shall not be cancelled, recalled or refunded unless we otherwise notify you.

 

Where suspension or termination of the Account arises as a result of your breach of these Terms, we reserve the right to impose penalties, recover losses or claim compensation for any damages, costs or liabilities incurred, including by way of set-off against any amounts owed to you. 

 

Any unlawful, unauthorized or improper use of your Account or the Platform may result in legal action in accordance with applicable laws, in addition to termination or suspension.

 

18. Governing Law and Disputes Resolution

 

By using the Platform and creating an Account, these Terms form a valid and binding contract between us and you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms and any disputes arising from or related to these Terms, the Platform or any transactions conducted through the Platform shall be subject to the exclusive jurisdiction of the courts of Dubai International Financial Center in Dubai, United Arab Emirates. Provided always, in case you are in breach of these Terms, we reserve the right to bring legal action against you in your country or state of residence or domicile.

 

19. Privacy and Data Collection Policy

 

We take privacy very seriously therefore you should not contact the Purchaser directly at any point of time. Any such contact will constitute a breach of the Purchaser’s privacy and result in a penalty for the purpose of these Terms.

 

By using our Platform and signing up for an Account, you consent to the collection and processing of your personal data, including but not limited to your name, contact details, date of birth, photograph, banking details and IP address. 

 

To know what data we collect, why we collect it and how it is used, please visit and carefully read our Privacy Policy available at: https://artezaar.com/policies/privacy-policy.  

 

By creating an Account, you acknowledge and accept to be bound by the terms of our Privacy Policy, as amended by us from time to time.