Terms & Conditions
Posted on January 9, 2008 at 4:10 AM.
Art2Bank's Art Partner Platform Terms and Conditions Agreement
© All of the images on this website are copyrighted original artworks by their author and are protected by international copyright law.
No materials in this web site may be reproduced, copied, downloaded, or used in any form without permission.
Policy for readers
Nothing on Art2Bank's web site is intended to recommend or promote investment in art. Individuals or institutions should make investment decisions based on risk/ return tolerance and time horizon specific to their situation.
The past art market performance discussed on this web site is no guarantee nor guide that similar performance will be obtained in the future. Absolutely nothing on www.Art2Bank should be construed as an offer or solicitation to buy or sell any art object or any security.
Any readers are expected to make their own investment decisions without relying on any information supplied by Art2Bank website. Persons with any doubts should seek advice from their investment advisor. While all reasonable care has been taken to ensure that information contained herein is presented in good faith, and is not untrue or misleading Art2Bank will make no representation as to its accuracy or completeness and it should not be relied upon as such. This information is supplied on the condition that the reader or any other person receiving the information will make up his or her own determination as to its suitability for any purpose prior to any use of the information.
Art2Bank accepts absolutely no liability whatsoever for any direct, indirect, special or consequential damages and/or loss arising from any use of this web site and/or its contents. The value of the art and other investments to which Art2Bank relates and their income returns may go up or down. Any person or institution considering investment in art must realize that it may be difficult for you to sell or realize your investment, obtain reliable information about its value and/or the extent of the risks to which you are exposed.
The information contained in this web site is provide 'as is' and no representations or warranties, either express or implied of accuracy, merchantability, suitability for a particular purpose or of any other nature are made with respect to this information or to any expressed views presented in this information.
Member Policies
By using the Art2Bank web site ("Art2Bank" or the "Site"), a service of Art2Bank Ltd, you (the "user" or "you") agree to be bound by the following terms of use (the "Terms and Conditions" or the "Agreement"), including all those available by hyperlink. If you have any questions, please refer to the FAQ (Frequently Asked Questions) of the Site.
Before you may become a member of Art2Bank, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on June 1, 2008 for current users, and upon acceptance for new users.
1. Art2Bank is a Venue
Art2Bank acts as a venue to allow users who comply with Art2Bank's policies to promote, offer, sell, and buy certain artworks or art services within a fixed price or POA (Price on Application) format. Art2Bank is not directly involved in the transaction between buyers and platform users. As a result, Art2Bank has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of platform users to sell items or the ability of buyers to pay for items. Art2Bank does not pre-screen users or the content or information provided by users. Art2Bank cannot ensure that a buyer or platform user will actually complete a transaction.
Consequently, Art2Bank does not transfer legal ownership of items or services from the platform user to the buyer. Art2Bank cannot guarantee the true identity, age, and nationality of a user. Art2Bank encourages you to use a third party escrow service or services that provide additional user verification.
You agree that Art2Bank is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Art2Bank. You use the Art2Bank service at your own risk.
2. Membership Eligibility
Age: Art2Bank's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Art2Bank's policies as stated in the Agreement and these Art2Bank policy documents:
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Art2Bank of any unauthorized use of your password or any breach of security. You also agree that Art2Bank cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell any items or services on Art2Bank, you must always use a valid account with PayPal at all times. Please email us with any changes to your user account details.
Account Transfer: You may not transfer or sell your Art2Bank account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Art2Bank's Art Market Platforms are ONLY available to those suppliers whose main focus is on providing Art Market related goods and services. Art2Bank's services are not available to temporarily or indefinitely suspended Art2Bank members. Art2Bank reserves the right, in Art2Bank's sole discretion, to cancel unconfirmed or inactive accounts. Art2Bank reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a platform ("Art Market Platform" , "Advisory", "gallery", "marketplace", "Art Market Leader / Expert blog") on Art2Bank is chargeable using a once off set up fee and a flat monthly fee of £9.99 (inclusive of VAT) for businesses, companies, galleries, art services or organisations. Art2Bank's fees are subject to change. Changes to the fees for Art2Bank's services are effective after Art2Bank provides you with at least fourteen (14) days' notice by posting the changes on the Site. Art2Bank may, at Art2Bank's sole discretion, change some or all of Art2Bank's services at any time. In the event Art2Bank introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in British Pounds (£).
Art2Bank charges no commission on any sales conducted from promotion on their website.
You are responsible for paying all fees associated with using Art2Bank. Art2Bank keeps user's valid PayPal payment information on file. A user must pay the amount due by signing up for a recurring monthly payment to Art2Bank through PayPal. If the user's fees are not paid in full, the user risks penalties such as the suspension of privileges and/or termination of the account.
Fees and Termination: Parties can opt-out with one months written notice by contacting Art2Bank. If Art2Bank terminates your account, if you close your account, or if the payment of your Art2Bank fees cannot be completed for any reason, you remain obligated to pay Art2Bank for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, please contact Art2Bank.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Art2Bank's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale on your Art2Bank platform. Your listings may only include text descriptions, graphics, pictures, embedded video and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Art Market Platform Policies: All platform users are urged to outline their policies for their Art2Bank Art Market Platform. These policies may include, for example: shipping, returns, payment and selling policies. Platform users must create reasonable policies in good faith and must abide by such policies. All Art Market Platform policies must comply with Art2Bank's site-wide policies. Platform users are responsible for enforcing their own reasonable Art Market Platform policies. Art2Bank reserves the right to request that a platform user modify an Art Market Platform policy.
Binding
Accurate representation of prices: The price stated in each item listing description must be an accurate representation of the sale. Platform users may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Platform users may not charge excessive shipping fees or otherwise avoid fees.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Art2Bank and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Art2Bank.
Restricted Activities: Your Content and your use of Art2Bank shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit, stolen items or items
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other
proprietary or intellectual property rights or rights of publicity or privacy (See also, Art2Bank's Copyright and Intellectual Property Policy
4. Violate this Agreement, or Rules for using the Art2Bank Art Market Platform, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the US Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Art2Bank staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack Art2Bank or modify another website so as to falsely imply that it is associated with Art2Bank;
11. Appear to create liability for Art2Bank or cause Art2Bank to lose (in whole or in part) the services of Art2Bank's ISPs or other suppliers
12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, The Rules for use of Art2Bank Art Market Platform, or other policy documents as posted on Art2Bank.
Furthermore, you may not list any item on Art2Bank (or consummate any transaction that was initiated using Art2Bank's service) that, by paying to Art2Bank the listing fee or the final value fee, could cause Art2Bank to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.
6. Content
License: Art2Bank does not claim ownership rights in your Content. You grant Art2Bank a license solely to enable Art2Bank to use any information or Content you supply Art2Bank with, so that Art2Bank is not violating any rights you might have in that Content. You grant Art2Bank a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Art2Bank to store or re-format your Content on Art2Bank and display your Content on Art2Bank in any way as Art2Bank chooses. Art2Bank will only use personal information in accordance with Art2Bank's --- Privacy Policy.
Re-Posting Content: By posting Content on Art2Bank, it is possible for an outside website or a third party to re-post that Content. You agree to hold Art2Bank harmless for any dispute concerning this use. If you choose to display your own Art2Bank-hosted image on another website, the image must provide a link back to its listing page on Art2Bank.
7. Information Control
Art2Bank does not control the Content provided by users that is made available on Art2Bank. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Art2Bank, you agree to accept such risks and that Art2Bank (and Art2Bank's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Art2Bank. Please use caution, common sense, and practice safe buying and selling when using Art2Bank.
Other Resources: Art2Bank is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Art2Bank does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Art2Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Meetings
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Art2Bank's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Art2Bank is not involved with user generated groups, the groups' requirements, or the Meetings.
Art2Bank does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Art2Bank does not in any way screen its users. All users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Art2Bank may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ART2BANK IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ART2BANK; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ART2BANK, AND ART2BANK HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ART2BANK IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ART2BANK USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Art2Bank, please contact Art2Bank.
Should you have a dispute with one or more users, or an outside party, you release Art2Bank (and Art2Bank's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Art2Bank encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Art2Bank, for the benefit of users, may try to help users resolve disputes. Art2Bank does so in Art2Bank's sole discretion, and Art2Bank has no obligation to resolve disputes between users or between users and outside parties. To the extent that Art2Bank attempts to resolve a dispute, Art2Bank will do so in good faith based solely on Art2Bank's policies. Art2Bank will not make judgments regarding legal issues or claims.
10. Art2Bank's Intellectual Property
ART2BANK, and other Art2Bank graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Art2Bank Ltd in the
11. Access and Interference
Art2Bank may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Art2Bank is updated on a real-time basis and is proprietary or is licensed to Art2Bank by Art2Bank's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Art2Bank for any purpose without Art2Bank's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Art2Bank's sole discretion, an unreasonable or disproportionately large load on Art2Bank's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the Rules of Use of Art2Bank Art Market Platform from the Site without the prior expressed written permission of Art2Bank and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Art2Bank's robot exclusion headers or other measures Art2Bank may use to prevent or restrict access to Art2Bank
12. Breach
Without limiting any other remedies, Art2Bank may, without notice, and without refunding any fees, delay or immediately remove Content, warn Art2Bank's community of a user's actions, issue a warning a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Art2Bank suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or the Privacy Policy . The Rules of Use for Art2Bank's Art Market Platform, or other policy documents and community guidelines incorporated herein; Art2Bank is unable to verify or authenticate any of your personal information or Content; Or Art2Bank believes that a user is acting inconsistently with the letter or spirit of Art2Bank's policies, has engaged in improper or fraudulent activity in connection with Art2Bank or the actions may cause legal liability or financial loss to Art2Bank's users or to Art2Bank.
13. Privacy
Except as provided in Art2Bank's Privacy Policy Art2Bank will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Art2Bank stores and processes Content on computers located in the
14. No Warranty
ART2BANK, ART2BANK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ART2BANK'S SUPPLIERS PROVIDE ART2BANK'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ART2BANK, ART2BANK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ART2BANK'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ART2BANK SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL ART2BANK, AND (AS APPLICABLE) ART2BANK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ART2BANK'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ART2BANK'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ART2BANK'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ART2BANK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ART2BANK IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD ART2BANK AND (AS APPLICABLE) ART2BANK'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guaranty
Art2Bank does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Art2Bank's control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Art2Bank's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
19. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Art2Bank are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Art2Bank Service
Art2Bank reserves the right to modify or terminate the Art2Bank service for any reason, without notice, at any time. Art2Bank reserves the right to alter these Terms and Conditions or other Site policies at any time. If the alterations constitute a material change to the Terms and Conditions, Art2Bank will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Art2Bank's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the
23. Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Art2Bank's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Art2Bank Attn: Legal Department;
For issues with intellectual property, please provide the notice as specified in Art2Bank's Copyright and Intellectual Property Policy.
25. Disclosures
The services hereunder are offered by Art2Bank Ltd, located at
