Artist Terms and Conditions

- These terms and conditions form a legally binding agreement between you and, the supplier of the Easton Art Galleries Service. Your statutory rights are not affected.

- We are: Easton Art Galleries at www.eastonartgalleries.com

- You are: a user of our services.

Definitions

- “Us/Our/We” means Easton Art Galleries.

- “You/Yours” etc. means you, a user of our services.

- “Site/Sites” means web site www.Eastonartgalleries.com or any other sites owned and controlled by Us.

- “Artwork/Artworks” means artwork/craftwork owned and controlled by You for the purposes of selling through the Site.

- “Service” means the process of displaying/marketing/selling your Artwork through the Sites.

Acceptance of Artist

- We reserve the right to accept or decline Your application to market Artworks through Us. Your application includes Your acceptance of these terms and conditions.

- You warrant that all information supplied to Us is accurate, and up to date.

- You agree to have Your artworks and descriptive information displayed on the Site.

- You will inform Us of any changes in the information stored by Us including name, address and contact details, pricing of Artworks, and the Sold status of Artworks.

Acceptance of Artworks

- We reserve the right to accept or decline Your application to market any Artwork through Us for any reason.

- If a sale is made you are entering into a legally binding contract with Us to complete the sale and dispatch the artwork in the agreed time.

Non-exclusivity

- You may market Your Artwork through other channels simultaneously with marketing through Us, provided:

- This does not affect Your ability to deliver the Artwork to the Customer within the specified time.

- You should not offer Your Artwork at a price lower than the price which You are offering it through Us.

- If the Artwork is sold through another channel You will immediately remove it from sale on the Site.

Copyright

- You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is Yours to sell.

- The copyright in the Artwork will remain with You even after ownership of the Artwork is transferred to the Customer.

Illustrative Images

- You should upload at least two high-quality less than 2 MB (<2MB) digital Images of each Artwork You wish to sell through Us: a Gallery Image and a Detail Image, IT IS OK to have a light visible watermark. The Images must be in JPEG format. The Gallery Image will show the entire artwork including frame (if framed). The minimum pixel width of the Gallery image will be 600 pixels. The Detail Image will show a portion of the Artwork to illustrate the grain of the canvas. The width of the Detail Image will be at least 600 pixels.

Pricing and Artwork particulars

- You will choose the normal price which the Artwork should be sold for. This price must be inclusive of VAT (if applicable) and Your delivery and insurance costs (other than the buyers shipping, insurance and delivery costs) and our commission.

Our commission rate will be 10% if art is purchased through the e-commerce website of eastonartgalleries.com.

Discussed price % commissions for work marketed and sold by Easton Art galleries and if the work is being held for exhibition in one of our physical venues. 

- We will, from time to time, agree to discount work and/or use discount codes up to a normal maximum of 15%. All artists are required to agree to accept such discounts on the selling price.

- Once accepted You agree to sell the Artwork at the agreed price.

Delivery, packaging and insurance

- You will ensure that Artworks are securely packaged, labeled and adequately insured for safe delivery to the Customer.

- You will not include any contact details that would encourage the customer to deal directly with You in the packaging, such as business cards, leaflets, letters of solicitation for business etc.

- You will package and arrange delivery of Artworks to the Customer within a maximum of ten working days of receiving the order.

- Should You become aware of any reason why an Artwork that has been ordered from You may not be received by the Customer within 5 days, You will notify Us immediately of the reason for and expected length of the delay. We will attempt to contact the customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from You.

Returns and damaged goods

- In the event of the Artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the Artwork.

- You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.

- You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.

- You accept that the Customer may return the Artwork(s) within 14 days of receipt, and this will constitute cancellation of the order. We will not accept liability for Your delivery expenses in this instance.

Payment for Artworks

- Should Your Artwork(s) be sold We will raise a purchase invoice for the Price. The Invoice will be paid by Us no sooner than 28 days after We have confirmed delivery of the Artwork(s) to the Customer.

- Payment will be made by bank transfer or check.

Ownership of Customer relationship

- You agree that the business relationship between the Customer and Us is entirely owned by Us. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorization from Us. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to Us. You will not pass Your contact details to the Customer, including in Artwork packaging.

- In the event of a return or damaged goods claim, we will release Your details to the Customer.

Disclaimer

- You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.

- We provide this service on an "as-is" basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.

- This Agreement is entered into in United States of America and shall be governed by, and shall be construed in accordance with, United States of America Palm Beach County law. The courts of Palm Beach County United States of America shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.

- We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists' newsletter.

- Using the service constitutes acceptance of these rules.

Art Terms of Use

Privacy and Other Terms

- You should review our Privacy Policy to understand our privacy practices. Your use of the Services and Products is also subject to our terms of use and terms of sale.

User Content

- The term "User Content" shall refer to any materials you upload, post, or otherwise transmit to this website (the "Site"), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.

User Content Guidelines

- Users of Easton Art Galleries must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.

- Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party's rights of privacy or publicity.

- Illegal Acts. Users shall not post or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.

- Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.

- Elicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.

- Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.

- Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.

- Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.

- Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.

- Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.

- Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations.

The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines.

User Content Rights

- You retain ownership rights to any images you upload, post, or otherwise transmit to the Site (“Image Content”). We will only use your Image Content for the purpose of processing and fulfilling your orders. However, if you upload, post or otherwise transmit non-image User Content like reviews or comments, we reserve the right to use such non-image User Content in any manner we deem appropriate, including in our marketing materials.

- We reserve the right to preserve and/or disclose any and all User Content (including Image Content) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of Art.com, its users or the public.

Access to Uploaded Images

-Easton Art Galleries is NOT an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images. The images you upload will be accessible to you on the Site for periods ("Accessibility Periods") in accordance with the following terms:

- Images Uploaded via the Website Easton Art Galleries.com

- For an image that is uploaded, but for which Services have not yet been purchased ("Unpurchased Image"), such Unpurchased Image will be accessible to you on the Site for thirty (30) days from the date the image was uploaded or the last date you returned to the Site to modify, update, or otherwise interact with such image, whichever period is longer.

- For an image that is uploaded and for which Services have been purchased ("Purchased Image"), such Purchased Image will be accessible to you for ninety (90) days from the date of the purchase (or repurchase). If during the ninety (90) day period, you return to the Site to modify, update, or otherwise interact with such Purchased Image, the image will be accessible to you either for the time remaining on your ninety (90) day "Accessibility Period" or for an additional thirty (30) days from the date of any such interaction, whichever period is longer.

- For users without an account, we use cookies to track your session. Accordingly, if you upload an image and later access the Site from a different computer or if you clear the cookies in your browser, you will not be able to access such previously uploaded image.

- Images Uploaded via the Photos to Easton Art Mobile App

- The Photos to Easton Art App can only support access to one uploaded image at a time. You will only have access to the most recently uploaded image.

- Further, access to an image uploaded via the Photos to Easton Art Mobile App is temporary by session. Each time you open the application, you will have to upload a new image (subject for change)

- Presently, images you upload via the Photos to Easton Art Mobile App are not accessible via the www.eastonartgalleries.com website.

Your Account

- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, Comments & Questions

- Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to www.eastonartgalleries.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

Disclaimer of Warranties

- The site and services and products are provided on an "as is" and "as available" basic without warranties of any kind, express, or implied. To the fullest extent permissible by law, we expressly disclaim all warranties of any kind, whether express or implied, including but now limited to warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that use of the site and the services and products is at your sole risk. You understand that it is your sole responsibility to back up your content.

Limitation of Liabilities

- You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the site and/or the services and products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the site and/or the services and products exceed the aggregate amount paid by you to use or access the site and/or the services and products. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Indemnity

- By using the Services and Products, you agree to defend, indemnify and hold harmless www.Eastonartgalleries.com, Inc. and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, "www.eastonartgalleries.com") from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees) (together, "Indemnification Costs") related to any action, suit, claim or proceeding made, brought or threatened by a third party against www.eastonartgalleries.com arising out of or in connection with any content you upload, post, or otherwise transmit on or through the Site, your conduct, your violation of the these Easton Art Galleries Terms of Use or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.

Applicable Law

- By visiting the website, you agree that the laws of the United States of America, without regard to principles of conflict of laws, will govern these Easton Art Galleries Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue in such court.

Subject To Change Without Notice; Severability

- We reserve the right to make changes to our site, policies, and these Photos to Art Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.