- Introduction to Artscapy
- Information about us and how to contact us
- Artscapy is a website and mobile application owned and operated by Artscapy Limited. We are registered in England under company number 12918699. Our registered office is at 36 Fifth Avenue Havant Hampshire PO9 2PL.
- You can contact by writing to us at email@example.com or writing to the address in clause 2.1.
- If we have to contact you, we will do so by writing to you at the email address, postal address, or telephone number you provided to us.
These Terms shall remain in full force and effect while you use our Services. You may stop using our Services at any time, for any reason. Artscapy may terminate your profile and/or membership if you breach these Terms, as determined at our discretion. Failure to correct a breach in terms may lead to us, at our discretion, terminating your profile and/or membership. These Terms will still apply even after your profile and/or membership is terminated.
- Account, Password & Security
- The full use and benefit of using the website will require you to open an account and complete the registration process by providing certain information and registering a username and password.
- Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address and bank account information), particularly to enable us to complete an order.
- Each person or organisation may only register once and have one account. Your full use of the website may only become valid once we have approved your registration and we reserve the right to lawfully refuse registration, which is exercised using our sole discretion.
- You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account. You are welcome, in the interest of your personal privacy, to select a username that does not reveal your true identity or is disconnected from your real identity. However, we do not assume liability or responsibility for your identification as a result of your use of Artscapy. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
- You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission
- You also specifically confirm that you will:
- Notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the website or any other known or suspected breach of security; and
- Use your own reasonable efforts to immediately stop any such misuse.
- Membership and Subscription with Artscapy
- Artscapy offers you the opportunity to pay to become a member of our community and access premium features. These services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Once you have paid for any premium services, they are non-refundable. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply.
- Once you have requested to become an Artscapy member, you authorise Artscapy to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do so via the payment and account settings option under your profile.
- Your Artscapy membership subscription will automatically renew until you decide to cancel, your account will automatically be topped up until your membership is cancelled or you unsubscribe.
- You may cancel your paid membership at any time, for any reason. Your premium membership will continue to run until the end of the period you have paid for at the time of cancellation. Your membership will convert into a free basic membership at that time, unless you delete your account. We do not refund any partially used memberships.
Rights we grant you
- Artscapy grants you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Services for your personal and non-commercial use only. The only allowed commercial activity of a non-professional Artscapy user is to sell artworks from their own collection, after successfully completing our verification process, by posting them to Artscapy Marketplace (the “Marketplace”).
Additionally, you will not:
- Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Artscapy Service;
- Use any robot, spider, scraper, or other automated means to access the Artscapy service;
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Artscapy service;
- Insert any code or product or manipulate the content of the Artscapy service in any way;
- Use any data mining, data gathering, or extraction method;
- Upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Artscapy Service, including any software viruses or any other computer code, files or programs;
- Use the Services in any way that violates, plagiarises, misappropriates, or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy, or publicity;
- Use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order, or is otherwise illegal or unlawful in Artscapy’s reasonable opinion;
- Use the Services to impersonate or attempt to impersonate Artscapy, an Artscapy employee, another user or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
- Use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, or in a manner to incite hatred on grounds of race, gender, religion, sexual orientation, or in any other manner objectionable in Artscapy’s reasonable discretion;
- Post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses;
- Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka. “spam”) to other users of the Services; and
- Exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services.
- Circumvent, or attempt to circumvent, the Artscapy platform to trade artwork; and
- Share personal contact details through private messaging, including, but not limited to, email and telephone number.
- Your Content
- Some of our Services may enable users to submit, post, publish or otherwise provide content (“User Generated Content”). Each user is solely responsible for all content that they provide on or through our Services.
- By submitting, posting, publishing or otherwise providing any User Generated Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Generated Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to your User Generated Content; and (ii) the use of your User Generated Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
- We do not endorse or make any representations or warranties of any kind with respect to any User Generated Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any user and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Generated Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
- Our Services include an online Marketplace where users may browse, buy, bid on, list, market and sell artwork and other property. Our Services also include features that enable users to contact and communicate with us or other users about the property listed on our Services or otherwise.
- Minors are not allowed to use our Services as buyers, bidders, or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.
- As a marketplace, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services. We do not sell property on behalf of the seller. All property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer.
- Customer Due Diligence and AML
As an Art Market Participant (AMP), Artscapy is obliged to follow certain Anti Money Laundering (AML) regulations. An Art Market Participant is defined in the Money Laundering Regulations (MLRs) as:
‘a firm or sole practitioner who
- by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to 10,000 euros or more; or
- is the operator of a freeport when it, or any other firm or sole practitioner, by way of business stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to 10,000 euros or more.
For more detailed information on the Buyers and Sellers CDD, please read the Buyers terms and the Sellers terms
- Artscapy art insurance applies to artworks purchased with Artscapy, through the marketplace or private sales, at a value exceeding £5,000. For Standard users, the coverage lasts 1 calendar month. For Plus users, the coverage lasts 6 calendar months. For Artscapy One users, the coverage lasts 12. The insurance cover is all-risk and worldwide. This insurance offer cannot be combined with other promotional offers. For further details on the insurance cover, please see this dedicated page . The insurance is offered through our award winning partner Segurio Online Insurance Services GmbH. For legal intents and purposes, Artscapy does not act as the insurer, but as an intermediary. Segurio is the legal insurance broker and ultimate processor of the insurance policy.
- LAF 2023 - All users who have purchased artworks at London Art Fair 2023 may claim insurance coverage for those artworks up to a total value of £100 or six months of coverage, whichever is lower. The value of £100 refers to the total insurance premium cumulative sum as determined by the insurance broker when the artwork(s) is registered for insurance through the Artscapy platform. To be eligible for the coverage, the registered artwork value must equal the purchase price of the artwork as shown on the purchase invoice from the seller. The insurance cover applies to artworks stored in the residence country of the user. If the artwork is not in the United Kingdom, other terms may apply. Please contact firstname.lastname@example.org for more information in this case or for any additional questions.
Rules of Acceptable Use & Community Guidelines
- Artscapy has developed a set of Community Guidelines - https://artscapy.com/page/Community to provide a framework for users to act within. Artscapy retains the discretion to monitor community activity and flag inappropriate behaviour, warn that user to cease such activity, and potentially also ban such users from the platform.
- If we conclude that you are violating these guidelines, we may take action. This includes, but is not limited to, terminating your right to use our service, taking legal action against you or disclosing information to the authorities, depending on the severity of the violation(s).
- You are solely responsible for your interactions with others on Artscapy. Artscapy reserves the right, but has no obligation, to monitor disputes between you and other users on Artscapy.
- Whilst we do our best to keep our users safe and free of inappropriate content, we cannot guarantee that all users will comply with these Terms. If you spot anything offensive that contradicts community guidelines before we have seen it, please flag or report it to let us know.
- We are not responsible or liable for any injury or harm to you resulting from objectionable User tent or another user’s failure to comply with our Community Guidelines.
- As part of our Services, we may offer you the use of our Artscapy mobile app.
- To access and use our app, you will need a compatible device. We can’t guarantee that our application will be compatible with your device. Your standard data and messaging rates will apply, and the rules of the app store where you are downloading from, will also apply.
- By downloading our application, you expressly agree we may correspond with through your device and certain information about your usage of the application may be communicated to us from your device automatically.
- Your 14. use of our app is subject to these Terms and any other applicable Terms that we may post on our Services or otherwise make available to you in connection with our app.
- We may update our app without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.
By downloading the Artscapy mobile application from a third-party app store (the “App Store”), you
shall acknowledge and agree:
- The App Store has no duty to provide maintenance or support services for our app;
- The App Store is not accountable for addressing any claims you have with regard to the application or your use of the application;
- If a third party claims an application infringes another party’s intellectual property rights, as between the App Store and Artscapy, Artscapy will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Terms;
- The App Store and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
- You must also comply with all applicable third-party terms of service when using the applications.
- By downloading the Artscapy mobile application from a third-party app store (the “App Store”), you shall acknowledge and agree:
- You acknowledge that except for any User Generated Content, any and all other software (including source code), logos, icons, the website’s “look and feel”, text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Artscapy and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.
- You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
- The Artscapy name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Artscapy, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Artscapy. You may not use, copy, or imitate any such branding, logos, designs, without the express prior permission of Artscapy.
Third Party Intellectual Property Rights and Copyright Claims
- Artscapy respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, contact us at email@example.com. If a copyright holder notifies Artscapy that any content infringes a copyright, Artscapy may in its sole discretion remove such content from the Service or take other steps that Artscapy deems appropriate, without prior notification to the user or other party who supplied or posted that content. If such user or other party believes that the content is not infringing, he or she may in certain circumstances submit a counter-notification to Artscapy with a request to restore the removed content, which Artscapy may or may not honour, in Artscapy’s sole discretion.
- We reserve the right to remove or disable access to any Artscapy content or any other materials posted to or otherwise displayed through the Services, including any Artscapy content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any Artscapy content or materials.
Availability of the Service
- Artscapy has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on Artscapy and provides that information on an “as is”, “as available” basis. Artscapy does not give or make any warranty or representation of any kind about the information contained on Artscapy, whether express or implied.
- Use of Artscapy and the materials available on it is at your sole risk. Artscapy cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Artscapy is free of viruses or other harmful components.
- You accept that Artscapy will not be provided uninterrupted or error free, that defects may not be corrected or that Artscapy, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses, or any similar malicious software.
- Artscapy is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
- Our Services may include links and features that enable you to access third party websites or services, and other websites or services may include links to our Services.
- Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
- You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
- You acknowledge and agree that Artscapy is not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
Disclaimer of Warranties
Your use of the Services is at your own risk. We provide the Services “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, non-infringement, and fitness for a particular purpose, any warranties arising out of course of dealing or usage of trade, any warranties that the Services will meet your requirements or be available, accessible, uninterrupted, timely, secure, or free of errors, and any warranties that any buyers, prospective buyers, bidders or sellers will complete any transactions or otherwise perform as promised, all of which Artscapy expressly disclaim to the fullest extent permitted by applicable law. In no event will Artscapy be liable or responsible for any errors or omissions in connection with the execution of any bids (whether online, offline, on the Services, in an email, or otherwise), or for any inability or failure to access the Services, including but not limited to any failures resulting directly or indirectly from any loss of internet or telephone connection or from any breakdowns or malfunctions of the Services or any computer, device or system directly or indirectly affecting the availability or operation of the Services.
Limitations of Liability
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Artscapy accepts no liability for any of the following:
- Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of any data, database or software; or
- Any special, indirect or consequential loss or damage.
- We reserve the right to modify, amend or change these Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
- If you do not accept any Change to the Terms, you should stop using Artscapy immediately. Your continued use of Artscapy following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
- If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
- Nothing in these Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.