Accepting these Terms
This contract sets out your rights and responsibilities when you use the services provided by Art Tap X (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, please refrain from using our Services.
Minors on Art Tap X
You must be 18 years or older to use our Services
Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
Those under the age of 18 are considered minors. Minors may not use Art Tap X's community features under any circumstances. Community features may include chats, live events, and other interactive features.
The following restrictions are in place for legal reasons, not because we think kids or teens are any less creative or capable.
Buying on Art Tap X for minors:
- Minors may not make purchases unless done under the direct supervision of the parent or legal guardian who manages their account.
- All financial information on the account, such as a credit card or PayPal account, must be that of a parent or guardian.
- Minors must update their Profile to disclose who is involved in the account, e.g., "[Minor’s first name] has permission to make purchases on Art Tap X, and her/his parent/guardian oversees this Art Tap X account."
- The parent/guardian of a minor must write to info@ArtTapX.com with a statement of permission. The subject line should be "Parent/Guardian of [Art Tap X username] wishes to activate account.”
Selling on Art Tap X for minors:
- All billing information must belong to the parent/guardian responsible for the account.
- If using Direct Checkout, register with the parent/guardian’s information.
- When submitting the seller application you need check the box identifying yourself as a Minor (under 18) and submit a letter by your legal parent or guardian stating that you understand these the above terms on Art Tap X.
Your Account with Art Tap X
You’ll need to create an account with Art Tap X to use some of our Services. Here are a few rules about accounts with Art Tap X:
Be honest with usProvide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
You may not use the Services to solicit buyers to transact with you other than on Art Tap X platformsThe Services are thoughtfully and carefully designed and created to facilitate connections between artists and buyers. Your use of the Services supports our continued work through the payment of our fees. Therefore, Art Tap X prohibits you from offering your artwork at a lower price on another platform. You also may not sell your work directly to anyone you meet through the website. This allows our community to continue to flourish and promote your work as a professional artist. Any breach of this term will result in the suspension of your Account, and continued breach will result in termination.
You are responsible for your accountYou’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g. if you’re selling work as a collective), then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationshipCreating an account with Art Tap X or using our Services makes you an independent contractor with Art Tap X. No agency, partnership, joint venture, employment or franchisee relationship with Art Tap X is intended or created by the Terms.
Please contact info@ArtTapX.com to answer any questions you have about registering an account with Art Tap X.
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like profile pictures, art photos, art descriptions, reviews, comments, videos, etc.).
Responsibility for Your ContentYou understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your ContentBy posting Your Content through our Services, you grant Art Tap X a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Art Tap X function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your art. We may do this in the form of live art events, our blog, and related marketing and promotion materials (both digital and print). If we do feature your content in this way, we will contact you first.
Rights You Grant Art Tap XBy posting Your Content, you grant Art Tap X a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Art Tap X, your Art Tap X Artist Gallery, or the Services in general, in any formats and through any channels, including across any Art Tap X Services or third-party website or advertising medium. Will put in FAQ section for Users with normal language.
Reporting Unauthorized ContentArt Tap X has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Copyright Infringement Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
Inappropriate, False or Misleading ContentThis should be common sense, but there are certain types of content we don’t want posted on Art Tap X’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of section 7 Prohibited Items or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Art Tap X is a curated marketplace. We prohibit certain types of items from the Art Tap X marketplace. Some items present legal risks (e.g. copyright infringement), others are inconsistent with our values, or are harmful to our members. All images in question will be judged on a case-by-case basis.
The types of images that will be removed immediately are: 1) those we deem racially offensive 2) those that depict or otherwise promote the sexual exploitation of minors (persons under the age of 18). We highly advise that photographers have their models (especially those posing in the nude) sign release forms indicating that they’re over 18, should the legality of the images come into question. Art Tap X reserves the right to remove any images that are in violation of laws protecting minors or which may promote illegal actions against minors.
Your Use of Our Services
License to Use Our Services.We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Don’t Use Our Services to Break the LawYou agree that you will not violate any laws in connection with your use of the Services. This includes any local, provincial, state, federal, national and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your art requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Art Tap X, another Art Tap X user or a third party.
Pay Your BillsYou are responsible for paying all fees that you owe to Art Tap X. You are also solely responsible for collecting and/or paying any applicable taxes (i.e. value added taxes) for any purchases or sales you make through our Services.
Don’t Try to Harm Our SystemsYou will not distribute any virus or other harmful computer code through the Services.
Respect our TrademarkThe name “Art Tap X,” “Art Tap Exchange” and the other Art Tap X marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Art Tap X in Canada, the U.S. and other countries.
Provide us with FeedbackYour feedback can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Art Tap X (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Contact UsArt Tap X will provide you with certain legal information in writing. By using our Services, you agree that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Requests for Information
Art Tap X will respond to requests for records or information about members of Art Tap X’s community.
Before you contact Art Tap X for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant Art Tap X member.
Some information about Art Tap X buyers, sellers and Artist Galleries, such as an Artist Gallery’s name, the public name of its owner, and the Gallery’s policies, is public and can be viewed by anyone at any time. In addition, Art Tap X members may have access to certain records by logging in to their accounts. For example, Art Tap X sellers can access and download sales records in .csv format, and all members can view their Conversation history by navigating to the relevant pages in their Art Tap X accounts.
Art Tap X may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.
Termination By YouWe hate to see you go, but you may terminate your account with Art Tap X at any time by emailing us at email@example.com with the subject line "Termination". Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.
Termination By Art Tap XWe may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Art Tap X may refuse service to anyone, at any time, for any reason.
If you or Art Tap X terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the ServicesArt Tap X reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
SurvivalThe Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.
Warranties and Limitation of Liability
Items You PurchaseYou understand that Art Tap X does not manufacture, store or inspect any of the items sold through our Services. We provide the platform; the items in our marketplace are produced and sold directly by independent sellers, so Art Tap X cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Art Tap X from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You AccessYou may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Art Tap X is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Interacting via the ServicesYou can use the Services to interact with other individuals, either online or in person. However, although we screen artists, you understand that we do not screen users buying through our Services, and you release us from all liability relating to your interactions with other buyers. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
No agencyWe may facilitate communication or payment between buyers, prospective buyers, bidders, and sellers in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any buyer, prospective buyer, bidder or seller for any purpose. Our involvement in any sale transaction is limited to accepting payment from the buyer on behalf of the seller in connection with the sale of some property.
WarrantiesArt Tap X is dedicated to making our Services the best they can be, but sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability LimitsTo the fullest extent permitted by law, neither Art Tap X, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Art Tap X’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Art Tap X in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If Art Tap X gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Art Tap X (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of Art Tap X’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Art Tap X will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Art Tap X has no obligation to resolve any disputes. For more information, please contact firstname.lastname@example.org.
Release of Art Tap XYou release Art Tap X from any claims, demands and damages arising out of disputes with other users or parties.
Disputes with Art Tap X
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Governing LawThe Terms are governed by the laws of the Province of British Columbia, without regard to its conflict of laws rules, and the laws of the Canada. These laws will apply no matter where in the world you live.
ArbitrationYou and Art Tap X agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neural arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by the courts. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted
You understand that by agreeing to the Terms, you and Art Tap X are each waiving the right to trial by jury or to participate in a class action.Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. Please visit ADR Institute of Canada for more information about arbitration.
ForumIf for any reason a claim proceeds in court rather than in arbitration, you and Art Tap Exchange agree that the claim will be brought exclusively in courts located in Vancouver. British Columbia, Canada (including the Superior Court of Justice and the Federal Court). You and Art Tap Exchange expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction in, the courts in Vancouver, British Columbia, Canada for such purpose. However, you or Art Tap Exchange may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your continued use of the Services following the changes constitutes your acceptance of the updated Terms.
General Legal Provisions
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Art Tap X regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
For any additional questions email: email@example.com.
Art Tap Exchange LTD. 398-2416 Main St, Vancouver BC, V5T 3E2, Canada Box 1283
Last updated 28/08/2015