International Artists Terms & Conditions
TERMS & CONDITIONS FOR INTERNATIONAL ARTISTS
Last Updated in August 2026
Welcome to Artezaar!
The following terms and conditions (“Terms”) govern your Account with ARTEZAAR LLC, (“Artezaar”, “we”, “us” and “our”). These Terms also govern your use of our website, applications and social media accounts (together, the “Platform”) as well as any services that Artezaar may offer you from time to time through the Platform (“Services”). By signing up for an account with us and using the Platform as an artist (“Artist(s)”, “you” or “your”), you acknowledge that you have read and understood these Terms and agree to comply with them and be bound by them as amended from time to time.
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 we can offer you!
We will always try our best to be clear and fair in our relationship with you. This means that we may sometimes change these Terms so they are better adapted to how we evolve with time.
Remember, once you create an Account with us these Terms are a binding contract between us.
1. Updates and Changes to these Terms
We reserve the right, at our sole discretion, to change, modify, add, update or remove portions of these Terms at any time with reasonable prior notice. If the amended or updated Terms are not acceptable by you, you must notify us within ten (10) days from receiving our notice, failing which it will be automatically agreed that you accept the amended or updated terms. Notices will be issued in the mode specified in clause 16. Your continued use of your Account following the posting of such changes to these Terms constitutes your acceptance of these changes.
2. Who We Are
We are an online marketplace that allows local and international Artists like you to showcase and potentially sell your original and authentic artwork, including paintings and digital and photographic prints, (“Artwork”) to art enthusiasts, art lovers, art collectors and art professionals intending to buy such Artwork (the “Purchaser”) through the Platform. The Platform is owned by Artezaar.
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 (“International Artist Registration Form”) in English language, which can be found here: https://artezaar.com/pages/international-artist-profile-form. Non English submission forms will not be viewed.
By submitting a duly completed International 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 a 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 subject to a curation and approval process to ensure they meet the Platform’s standards. We reserve the right to refuse to work with any Artist at our sole discretion.
Before any approvals are granted, a mandatory, introductory virtual meeting is scheduled between an art gallery and the Artist. All Artists are required to pay the applicable non-refundable listing fee ("Listing Fee"), including any applicable value added tax ("VAT"), in accordance with the selected options below, to create an Account and process Artwork for onboarding onto the Platform.
Option 1: 1-10 (One to Ten) Artworks to be listed for six (6) months. The applicable Listing Fee shall be Four Hundred Dirhams (AED 400) plus VAT. During the six (6) month subscription period, Artists may replace or update up to two (2) Artworks.
Option 2: 1-10 (One to Ten) Artworks to be listed for twelve (12) months. The applicable Listing Fee shall be Seven Hundred and Fifty Dirhams (AED 750) plus VAT. During the twelve (12) month subscription period, Artists may replace or update up to four (4) Artworks.
Option 3: 1-20 (One to Twenty) Artworks to be listed for twelve (12) months. The applicable Listing Fee shall be One Thousand One Hundred Dirhams (AED 1,100) plus VAT. During the twelve (12) month subscription period, Artists may replace or update up to eight (8) Artworks.
This Listing Fee includes maintaining your profile and the Artwork listings, implementing updates and supporting any changes required to ensure the profile remains accurate and up to date on the Platform and making all the necessary changes as and when required. Please note that if you previously had an Account on the Platform and are re-joining from another country, the Listing Fee will be applicable again. The Listing Fee is strictly non-refundable under all circumstances.
Your Account will be successfully created on the Platform only upon confirmation and receipt of the Listing Fee.
Once the Account is created, activation is required to unlock full functionality. You must upload all your Artworks to the Platform. Each Artwork must be uploaded using the online submission form (“International Artist Artwork Submission Form”). This Artwork Submission Form can be found here: https://artezaar.com/pages/international-artists-artwork-submission-form.
Please note, all Artwork must be uploaded together so that we can activate your listing.
Once this is complete, a confirmation email will be sent to your registered email address. The Account will be activated and ready for use by you. Your subscription will start from the date all the Artworks you submitted are live on the Platform. Please note that your Account activity will be monitored and 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:
a. upload up to three (3) 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;
b. 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;
c. not add a lot of filters or saturation to distort the colours of the Artwork as this could be deceiving;
d. 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;
e. 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;
f. ensure that maximum size accepted for Artworks will be 80 cm x 80 cm unless otherwise agreed with us in writing by email; and
g. ensure that the maximum price accepted for Artworks listed will be Arab Emirate Dirhams Ten Thousand only (AED 10,000) including gallery commission.
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 United Arab Emirates (“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 all the Artworks actively listed on the Platform are available for purchase at all times.
Each subscription shall commence on the date your Account is activated in accordance with clause 4 of these Terms and shall run for the duration selected under your chosen Option. Upon expiry, your Account and Artwork listings shall be removed from the Platform unless you renew your subscription by paying the applicable Listing Fee for a further period before the expiry date.
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 How The Process Works
Your Artwork will be listed on the Platform at the price submitted by you, and it will be shown to Purchasers with an “Add to Enquiry” option.
Once a Purchaser submits an enquiry, we will contact you to
(a) confirm the availability of the Artwork;
(b) confirm the shipping cost associated with sending the Artwork to the Purchaser, including any applicable customs duties and insurance costs; and
(c) provide the approximate delivery timeframe from the date the order is confirmed.
The final purchase price, comprising the Artwork price and the applicable shipping costs (the "Final Price"), will then be provided to the Purchaser.
Once the Final Price has been accepted and payment has been received by Artezaar, Artezaar will request the Artist to securely pack the Artwork and arrange for shipment in accordance with clause 8.
The Artwork must be delivered to the Purchaser in good condition and free from damage. If the Artwork arrives damaged, Artezaar will refund the Purchaser in full and the Artist shall be liable to pay a penalty equal to thirty per cent (30%) of the Final Price to Artezaar. No shipping costs shall be paid to the Artist in these circumstances. Where the Artist requests the return of the damaged Artwork, all shipping and customs costs associated with the return shall be borne by the Artist.
If the order is successfully processed, payment of the sale proceeds will be made to your nominated bank account within seven (7) to fourteen (14) Business Days. A business day shall be a day that is not Saturday, Sunday or public holiday, when banks in the UAE are open for business (“Business Day(s)”).
5.4 Unavailable Artwork and Penalty
Where any Artwork listed on the Platform becomes unavailable for any reason, you shall, 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:
(a) the reason for the unavailability; and
(b) 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.
Where the Artwork becomes unavailable, you may replace the relevant Artwork listing with another Artwork by submitting it through the International Artwork Submission Form subject to the maximum number of Artwork changes permitted under your selected subscription option as per clause 4.
All notices under this clause shall be sent by email to leena@artezaar.com.
Where you fail to fulfil an order, become unresponsive, disappear following a confirmed 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.
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 to fulfil orders or comply with the obligations under these Terms 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 thirty percent (30%) (together referred to as the “Price”), which you expressly acknowledge and agree to.
When the Artwork is sold, we will retain our commission and any customs duties or fees paid on your behalf in accordance with these Terms 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 your Artwork, thirty percent (30%) commission will be deducted from the Final Price paid by the Purchaser to us. Such commission is calculated as follows: if the Final Price is AED 1000 (before VAT), then AED 300 (that’s 30% of AED 1000) will be deducted as our commission and AED 700 will be paid to you. This is applicable across all Artwork you upload to the Platform.
You may request amendments to the Price of any listed Artwork by providing written notice to us in accordance with clause 16 of these Terms. Any such changes shall be implemented within three to ten (3-10) Business Days from receipt of the request.
In respect of offline and online exhibitions or events, we may charge participation or exhibition fees, which shall be communicated to you in advance and must be accepted prior to participation. Unless otherwise agreed in writing, our commission shall continue to apply to any sales made through such offline exhibitions.
6.2 Payments
Purchases of Artwork can be made using a credit card on the Platform. Purchasers may also opt for Tabby or similar ‘buy now pay later’ programs, which allows Purchasers to pay in three (3) or more monthly installments. You will get paid for all Artwork sold after fourteen (14) days after the successful delivery of Artwork to the Purchaser (as set out in clause 7).
We expect that you hold a valid commercial or business license to produce commercial Artwork and list on the Platform for sale. In such a case, prior to releasing any payments owed to you, we will expect you to issue an invoice to us for each payment due or owed to you without which our accounts team will be unable to process payment. We will transfer the Price less our commission and any custom fees paid on your behalf to your designated bank account that is in your name, along with emailing you all the details of the payments being made.
Unless stated otherwise, payments to you are made in Arab Emirate Dirhams (AED) by wire transfer to the bank account details you provide us on your account. Any foreign exchange risks or bank transfer costs by your bank are at your cost. For the avoidance of doubt, we do not transfer payments to online payment systems, including, without limitation, PayPal or any similar platforms.
6.3 Overpayment
In the event of an overpayment to you, we may, at our sole discretion, either deduct the overpaid amount from future payments or require immediate repayment and you shall comply with such request within a period of seven (7) days upon receipt of our notice. If you receive any payment in connection with a sale and we thereafter issue a refund to the Purchaser for that sale, we shall have the right to credit that amount back from you.
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
The Artist shall be responsible for ensuring that the Artwork is properly packaged, handled and delivered in a condition suitable for transport for that specific Artwork. We recommend that the Artworks be bubble wrapped, rolled and packaged securely in a tube, where appropriate to reduce the shipping costs. 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. The Artists shall be responsible for all insurance costs and any applicable customs duties or fees. Neither Artezaar nor the Purchaser will be liable for any Artwork received in a damaged condition. Any custom duties or fees paid by Artezaar on behalf of the Artist will be billed to the Artist and will need to be paid via a payment link provided by Artezaar or will be deducted from any amounts otherwise payable to the Artist.
This includes ensuring that each package is clearly labelled ‘FRAGILE’ and using appropriate protective materials to prevent damage in transit, such as bubble wrap. 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.
We reserve the right to refuse collection or processing of any Artwork that is inadequately packaged.
Please note that 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. Any direct contact with the Purchaser in breach of this clause may result in an immediate suspension and termination of your Account and removal of all your Artwork from the Platform.
9. Shipping and Delivery
Prior to shipment of any Artwork, whether the delivery is to be made within or outside the UAE, you shall provide Artezaar with photographs and a video of the Artwork before and after it is packaged, to confirm that it has been prepared for shipping in accordance with clause 8 of these Terms.
9.1 Deliveries within the UAE
Where the Purchaser is located within the UAE, the following shall apply:
a. You shall ship the Artwork to Artezaar in accordance with clause 8 of these Terms;
b. You shall pay the cost of shipping the Artwork to Artezaar and shall, within [3] Business days of dispatch, provide Artezaar with a written quote of the applicable shipping costs; including but not limited to all shipping charges, customs duties, insurance costs and any other applicable charges. Such quotation shall be final and no additional costs may be added after it has been provided to Artezaar. Artezaar shall obtain the Purchaser's confirmation of such shipping cost prior to dispatch and the Purchaser shall pay the Final Price to Artezaar.
c. Upon receipt of the Artwork from you and receipt of the Final Price from the Purchaser, Artezaar shall arrange delivery of the Artwork to the Purchaser;
d. You shall provide Artezaar with an invoice issued by the relevant shipping provider. Artezaar shall reimburse you the shipping cost shown on such invoice, provided always that this amount shall not exceed the shipping cost quoted by you pursuant to sub-clause (b) above;
e. Artezaar shall pay you the Final Price (after deducting commission in accordance with clause 6.1) and your provision of the shipping invoice or bill in accordance with sub-clause (d) above.
9.2 Deliveries outside the UAE
Where the Purchaser is located outside the UAE, the following shall apply:
a. Upon receipt of an enquiry, you shall provide Artezaar with a written quote for the applicable shipping costs, including but not limited to all shipping charges, customs duties, insurance costs and any other applicable charges. Such quotation shall be final and no additional costs may be added after it has been provided to Artezaar;
b. Once the sale is confirmed, you shall arrange shipment of the Artwork directly to the Purchaser in accordance with the agreed shipping method;
c. Artezaar shall pay you the Final Price upon receipt of the payment from the Purchaser. This payment is contingent upon:
i. You providing Artezaar with the invoice issued by the relevant shipping provider, provided always that the invoice amount shall not exceed the shipping cost quoted by you pursuant to sub-clause (a) above;
ii. Artezaar’s deduction of commission in accordance with clause 6.1; and
iii. The receipt of confirmation from the Purchaser that the Artwork is received without damage. Should the Purchaser receive damaged Artwork, the penalty in accordance with clause 5.3 applies before any payment is made to you.
d. If you do not agree with the proposed shipping arrangements or costs, you must notify us within twenty-four (24) hours of receiving the enquiry email relating to the Artwork. Should you object within this period, we reserve the right to cancel the relevant sale without liability to either party or to agree an alternative shipping arrangement with you in writing.
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 will be removed and we shall send a confirmation email, which is typically sent after the successful delivery of the artwork to the Purchaser.
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:
a. 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;
b. you are under no legal disability or contractual restriction that prevents you from accepting these Terms;
c. 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;
d. 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;
e. 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;
f. 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;
g. 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;
h. 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
i. 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:
a. any breach or claimed breach of any of your representations or warranties or any of your obligations under these Terms;
b. any infringement or alleged infringement of third-party rights; or
c. 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 or by not renewing your Listing Fees. 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:
a. your Account and Artworks will no longer be visible to the public and we shall cease all promotion and marketing of your Artwork;
b. your access to the Account and Platform may be immediately restricted or revoked; and
c. 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, UAE. 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.