Art Club Ibiza’s Terms of Service
Last Updated Date: June 18, 2016
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Art Club Ibiza reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Terms referring to Purchasers
Purchases of Original Works of Art
You may purchase Original Works of Art that are listed by
Members of the Art Club on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Art Club and not from the Member identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Art Club Ibiza and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Art Club Ibiza's then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services.
Art Club Ibiza reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Art Club Ibiza determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Art Club Ibiza cancels an order placed via the Site and Services, Art Club Ibiza will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are an associated artist and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by a buyer with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such buyer independent of the Site and Services. Similarly, if you are a buyer and desire to purchase an Original Work of Art or Digital Work for which an associated artist has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works and/or Printed Works, you acknowledge that Gumroad, the entity processing payments for us, will withhold the Taxes required to be withheld from the payments Art Club Ibiza receives and makes to you.
If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Gumroad (our back end and payment processor) will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimise or to qualify for an exemption from any such obligations.
You understand and agree that Art Club Ibiza uses commercially reasonable efforts to display the colours of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colours differently, Art Club Ibiza is not responsible for the colour accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
Art Club Ibiza Content
Art Club Ibiza may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Art Club Content”), which is owned by Art Club Ibiza (“Art-Club-owned Content"). Art Club Ibiza authorises you to download, view and print Art-Club-owned Content" solely for your personal use in visiting the Site.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, Art Club Ibiza's name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Art Club Ibiza's express written consent;
Access, tamper with, or use non-public areas of the Site, or of Art Club Ibiza's providers.
The Site, Services and Art Club Content are protected by copyright. Except as expressly provided in these Terms, Art Club Ibiza and its licensors exclusively own all right, title and interest in and to the Site, Services and Art Club Ibiza Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Art Club Content.
Art Club Ibiza respects copyright law and expects its users to do the same. It is Art Club Ibiza's policy to terminate in appropriate circumstances of associated artists who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Art Club Ibiza's Copyright Policy at www.art-club-ibiza.com for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Art Club Ibiza is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Art Club Ibiza of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SITE, SERVICES, Art Club Ibiza CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Art Club Ibiza EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Art Club Ibiza MAKES NO WARRANTY THAT THE SITE, SERVICES, Art Club Ibiza CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Art Club Ibiza MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Art Club Ibiza OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Art Club Ibiza DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR USERS OF THE SITE OR SERVICES, NOR DOES Art Club Ibiza MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. Art Club Ibiza MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Art Club Ibiza, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Art Club Content or Member Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Art Club Content and Member Content remains with you. Neither Art Club Ibiza nor any other party involved in creating, producing, or delivering the Site, Services, Art Club Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art Club Content or Member Content, or from any communications, interactions or meetings with Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Art Club Ibiza has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Art Club Ibiza's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art Club Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art, the total payments made or credited to you by Art Club Ibiza for the sale of your Original Works of Art during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a buyer who has purchased Original Works of Art or Printed Works, the total payments that you made to Art Club Ibiza for the Original Works of Art that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Art Club Ibiza and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Contacting Art Club Ibiza
If you have any questions about these Terms, please contact Art Club Ibiza at firstname.lastname@example.org.