Artfeed - terms of use

Last Updated: September 2023

The following terms of use, together with any documents and additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website offered on or through https://theconart.com (the “Artfeed Website”); (b) any mobile device software provided by us to you (the “Artfeed App”); (c) any text, pictures, media, data, or other information, materials, or content (collectively, the “Content”) contained on or provided through the Artfeed Website or Artfeed App (other than User Data or User Submissions, as defined below); and (d) all other Content, products or services provided by us to you (collectively, the “Artfeed Solution”).

These Terms of Use form an agreement between Artfeed (“Artfeed”, “us”, “we”, “our”) and you. The term “you”, “your”, or “User” refers to the person or entity browsing, installing, downloading, or otherwise using the Artfeed Solution (“use” or “using” in these Terms of Use will mean any of the foregoing). If you are offering to purchase works of art (“Artwork”) on or through the Artfeed Solution, references to “buyer” in these Terms of Use will refer to you in respect of such offers and purchases.

If you are offering Artwork for sale on or through the Artfeed Solution, references to “seller” in these Terms of Use will refer to you in respect of such offers and sales.

BY USING THE ARTFEED SOLUTION, OR BY CLICKING TO ACCEPT THESE TERMS OF USE, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE ARTFEED SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE ARTFEED SOLUTION.

THESE TERMS OF USE, THE ARTIST TERMS (IN THE CASE OF ARTFEED ARTISTS ONLY) THE PRIVACY POLICY, AND ANY OTHER POLICIES LINKED TO HEREIN, GOVERN YOUR ACCESS TO AND USE OF THE ARTFEED SOLUTION, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ARTFEED.

IF YOU ARE USING THE ARTFEED SOLUTION ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU”, “YOUR”, AND “USER” APPLY TO SUCH PERSON OR ENTITY.

1.0 Changes to these Terms of Use and the Artfeed Solution

a. Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any provision of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Artfeed Website or provide a notice through the Artfeed App, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of these Terms of Use to the Artfeed Website or through the Artfeed App; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Artfeed Solution is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Artfeed Solution. Otherwise, your continued use of the Artfeed Solution after any changes to these Terms of Use indicates your acceptance of such changes.

b. We reserve the right to modify the Artfeed Solution at any time, without notice. We may, at our discretion, suspend your use of the Artfeed Solution: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns.

c. You may need to update third-party software from time to time in order to use the Artfeed Solution.

2.0 Additional Terms

Your use of certain functionalities or services provided in or through the Artfeed Solution may be subject to different terms and conditions as presented to you by Artfeed or its service providers on or through the Artfeed Solution (collectively, the “Additional User Terms”). The Additional User Terms are incorporated herein by reference and form part of these Terms of Use. If there is a conflict or inconsistency between the Additional User Terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the Additional User Terms expressly states that the conflicting term in these Terms of Use does not apply. If you do not accept and agree to the Additional User Terms, you may not be able to, and you should not, use those functionalities or services.

3.0 User Account

a. To use the Artfeed Solution, you will be required to successfully sign up for a user account (a “User ID”) and provide your full name (or business name, if you are a business), an appropriate username handle, email address, and password login credentials. You acknowledge that your username handle will be displayed to, and viewable by, other users of the Artfeed Solution.

b. If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.

c. You must provide us with true, accurate, current and complete information when signing up for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may suspend or terminate your use of the Artfeed Solution.

d. We reserve the right to disable, change, or reclaim or repurpose any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from using the Artfeed Solution and if we change, reclaim, or repurpose any User ID you may be prevented from using the Artfeed Solution through that User ID.

e. ARTFEED IS ENTITLED TO ACT ON INSTRUCTIONS RECEIVED THROUGH YOUR ACCOUNT. ARTFEED IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN OR TRANSACTIONS MADE TO OR FROM YOUR ACCOUNT (INCLUDING ANY OFFERS TO PURCHASE OR SELL ARTWORK) BY YOU OR ANY OTHER PARTY USING YOUR USER ID. You are solely responsible for any and all use of your User ID and all activities that occur under or in connection with your User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any action, in our sole discretion, to ensure the security of the Artfeed Solution and your account, including terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

4.0 User Data, User Submissions, and Privacy

a. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns (the “Artfeed Parties”), a fully paid up, irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to collect, store, and use any Content that you load, transmit to or enter into, or that we collect from, the Artfeed Solution (collectively, “User Data”): (i) to develop, enhance and make available the Artfeed Solution; and (ii) to produce data and other information, content, and materials that are not identified as relating to a particular individual or company (such data, information, content, and materials, the “Aggregated Data”).

b. We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind.

c. Please review our current privacy policy, available at http://theconart.com/privacypolicy(“Privacy Policy”), which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms part of these Terms of Use.

d. When you as a user post or publish Content that you upload, e-mail, transmit or otherwise make publicly available on the Artfeed Solution (“User Submissions”), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a fully paid up, irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submissions (in whole or in part) for any purpose (including on advertising campaigns, marketing campaigns, and on social media) and to incorporate them in other works in any form, media or technology now known or later developed, throughout the world, without compensation to you, for the full term of any worldwide intellectual property right that may exist in the User Submissions. You further waive any moral rights, rights of publicity, or other rights of authorship as a condition of posting, publishing, uploading, emailing, transmitting or otherwise making publicly available on or through the Artfeed Solution, any of the User Submissions.

e. You grant each User of the Artfeed Solution a non-exclusive, perpetual license to access the User Submissions through the Artfeed Solution and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions including after any termination of your account or the Artfeed Solution.

f. We reserve the right to remove, edit, limit, or block access to User Data and User Submissions at any time and from time to time, in our sole discretion, including upon any violation of any provision of these Terms of Use. We have no obligation to display or review your User Data or the User Submissions.

g. You understand and agree that you, and not the Artfeed Parties, are fully responsible for all User Data and User Submissions.

h. To the extent permitted by applicable law, Artfeed will not be liable for any failure to store, or for loss or corruption of your User Data.

5.0 Artfeed does not screen Content

Artfeed believes in free expression by Users and is not responsible for screening or reviewing the content of any User Submissions or its suitability for individual Users. Without limiting the generality of the previous sentence, Content made available on or through the Artfeed Solution may include nudity, graphic images, or other material that some people may consider offensive, disturbing, or inappropriate.

6.0 Placing Artwork for Sale

Your placement of Artwork for sale on or through the Artfeed Solution constitutes an irrevocable offer to sell such Artwork through the Artfeed Solution. All offers and sales are final once submitted and may not be cancelled or changed. By placing any Artwork for sale on or through the Artfeed Solution, the seller of such Artwork represents and warrants that:

(a) their Work is authentic and the description of, and any information provided in relation to, such Artwork is accurate, true and not misleading in any respect;

(b) their Work is in good condition and fit for transportation;

(c) the materials and/or fabrication used in the creation of their Work are of the highest quality and no such Work should change or degrade in a way that is unusual or unexpected, and each shall maintain its good appearance;

(d) they own such Artwork free and clear of any security interests, liens or adverse claims of any kind, and upon sale, good and marketable title will pass to the Buyer;

(e) none of their acts or performance in connection with these Artist Terms and no part of these Artist Terms will conflict with any obligation that they have to any third party, whether contractual or otherwise;

(f) their Work does not contain anything which is or would be (if their Work is published) in breach of applicable laws,

(collectively, the “Seller’s Warranties”). You agree to immediately notify us in writing of any event or information that may cause the Seller’s Warranties to be inaccurate or breached in any way.

By placing Artwork for sale on or through the Artfeed Solution, the seller of such Artwork authorizes us, or our third-party payment processor(s) (each, a “Payment Processor”), to deduct from any payments to the seller our commission.

Prior to selling any Artwork, you agree to connect your account with our Payment Processor(s) to your bank account and confirm that such information is correct and will be kept up to date. You will advise us in the event your banking information changes.

The seller understands that the Artfeed Solution relies on Artfeed receiving accurate information (e.g. a correct email address) for the purposes of sending a purchase receipt to the buyer of an Artwork. Where the seller authorizes and instructs Artfeed to send a purchase receipt to a buyer, the seller represents and warrants that the information provided by the seller to Artfeed for the purposes of creating and sending the purchase receipt is accurate.

7.0 Placing Offers to Purchase Artwork; No Refunds (applicable to buyers only)

Your placement of an offer for any Artwork on or through the Artfeed Solution constitutes an irrevocable offer to purchase such Artwork. Except where required by law (and subject to clause 9 (Returns) below), you are not entitled to return, or receive a refund for, any Artwork you purchase.

You also warrant that the funds used for settlement or payment are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.

8.0 Transaction Restrictions

If you are a seller and have submitted an Artwork for sale and have been contacted through the Artfeed Solution by another user with respect to purchasing the Artwork, you may not sell such Artwork to such user independent of Artfeed. Similarly, if you are a buyer and desire to purchase an Artwork for which a seller has submitted for sale, you may not purchase such Artwork from such seller independent of Artfeed. Violation of this provision may result in the termination of your Artfeed account as an artist or buyer, in addition to any other remedies available to Artfeed including, without limitation, injunctive or other appropriate relief.

9.0 Returns

Buyers are permitted to request to return an Artwork within 14 days of the date of delivery. Any Artwork that is returned must be shipped in its original packaging (including all accompanying certificates received with the order). Return requests received outside the stated return period(s) will not be accepted.

Buyers are responsible for all return shipping costs.

Refunds will be processed back to the original form of payment once the artist receives the Artwork in the same condition it was delivered to the buyer.

All refunds will be subject to the exchange rate at the time of processing, and funds will be remitted in GBP.

Returns will not be accepted for any Artwork that has been stretched, cropped, or altered in any capacity after purchase.

10.0 Settlement and Clearance of Payments for Artwork; Responsibility for Shipping Fees and Sales Tax; Reporting Transactions; Withholding Taxes

The collection, processing, and clearance of payments for Artwork, and distribution of funds to Artfeed and other parties, will be performed by the Payment Processor(s) and will be subject to the terms, conditions and privacy policies, if any, of the Payment Processor(s) in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of, the Payment Processor(s). We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.

Unless exempt by law, the buyer is required to pay all applicable taxes or levies related to the purchase of an Artwork by the buyer. The buyer is required to pay such taxes as the seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Upon request from Artfeed, you will provide all information required for Artfeed to determine whether taxes have been properly assessed and remitted, including your resident/non-resident status in any jurisdiction and your tax identification numbers.

Unless otherwise expressly stated on the App, any offers for Artwork do not include shipping and handling charges, sales and other taxes, and any customs charges or duties, if applicable, in relation to the sale, packing, shipment, and delivery of such Artwork, which the buyer of the Artwork is responsible for and which will be added to the total amount deducted from the buyer’s account. Refusal to pay any aforementioned charges or taxes will no be a grounds for return.

Artfeed is unable to advise on specific custom fees as these are invoiced to you directly by the shipping company’s chosen carrier once the artwork reaches the destination country and has been cleared by the customs authorities.

While the buyer and seller are ultimately responsible for complying with any reporting requirements of applicable governmental regulatory authorities in respect of transactions conducted on or through the Artfeed Solution, Artfeed reserves the right to report any transactions conducted on or through the Artfeed Solution to applicable governmental or regulatory authorities, including the buyer and seller of any Artwork and the sales price for any Artwork.

The seller, and not Artfeed, is responsible for remitting all applicable withholding taxes to the applicable taxation authority with respect to any payments for Artwork. Artfeed assumes no liability for withholding taxes. You agree that you are responsible for, and will indemnify, defend and hold harmless Artfeed and its respective contractors, directors, employees, affiliates, representatives, agents, successors, and assigns from and against, any claims (including legal fees) arising from your failure to deduct and remit withholding taxes pursuant to this section.

11.0 No Reliance on Pricing Information in the Artfeed Solution

Any pricing data, tables, or charts in the Artfeed Solution may be incomplete or inaccurate and Artfeed does not make any determination or representation that any such data, tables or charts are useful in determining the current value of any Artwork or predicting its future value. In addition, each Artwork is unique and historical price appreciation of similar works is not a direct proxy for performance of such Artwork. The buyer should therefore not rely on such data, tables, or charts.

12.0 Artfeed does not Provide any Financial, Tax, or other Professional Advice

Artfeed does not set the sales price for Artwork and all investments involve risk and may result in partial or total loss. Notwithstanding anything to the contrary, Artfeed does not provide any financial or tax advice or services in relation to any Artwork. The buyer and seller of Artwork should confer with their personal tax advisors regarding the tax consequences based on their particular circumstances. Artfeed does not assume responsibility for the financial or tax consequences of any purchase or sale made through the Artfeed Solution.

13.0 Responsibility for description of Artwork

Artfeed is not responsible for the colour accuracy of any Artworks displayed on the App, and disclaims all liability in this regard. You should note that an Artwork may vary slightly in tone, texture and colour from how it is depicted online.

14.0 Responsibility for Shipments of Artwork; Title and Risk of Loss

Artfeed has an integrated logistics solution, provided by our logistics partner, Pack & Send (“P&S”). P&S provides an end-to-end global fulfilment service including shipping, packing, tracking and extended warranty. In all cases where the artist has selected P&S as the logistics solution, P&S or their chosen carrier, shall collect each Artwork and ship it to the buyer. In the case of any Artwork in excess of 40x40cm, P&S will also pack the Artwork. Any Artworks smaller than 40x40cm shall be packed by the seller. In the case of these smaller Artworks, P&S will supply the seller with labels and arrange a collection of the Artwork with the courier.

Any packaging or shipment of the Artwork by P&S or any other third-party carrier will be subject to the terms, conditions and privacy policies, if any, of P&S and (where relevant) the third-party carrier in addition to these Terms of Use. We are not responsible for any error by, damages to or losses of Artwork caused by, or other acts or omissions of, P&S or any other third-party carrier.

Unless otherwise agreed by the buyer and the seller of the Artwork, all Artwork will be deemed accepted by the buyer of the Artwork upon shipment, and title to, and risk of loss of, the Artwork passes to the buyer of the Artwork when it is provided by the seller to a common carrier. If a buyer wants to take out extended warranty cover, they should call P&S on +44 (0) 118 958 4498 who will be able to assist with this.

15.0 No Responsibility for other Artfeed Solution Users or Artwork

Your interactions with entities and individuals on or through the Artfeed Solution, including payment for and delivery of Artwork, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and individuals.

WHILE WE MAY PROVIDE TOOLS THROUGH THE ARTFEED SOLUTION TO ASSIST THE BUYER OF ARTWORK TO VERIFY ARTWORK, THE BUYER SHOULD CONDUCT ITS OWN INDEPENDENT VERIFICATION AND SHOULD NOT RELY ON SUCH TOOLS TO VERIFY PURCHASED ARTWORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BUYER (NOT ARTFEED) IS RESPONSIBLE FOR CONDUCTING ALL DUE DILIGENCE AND OTHER INVESTIGATIONS REGARDING THE PROVENANCE AND AUTHENTICITY OF ARTWORK OFFERED ON OR THROUGH THE ARTFEED SOLUTION.

ALL SALES AND PURCHASES OF ARTWORK ARE SOLELY BETWEEN THE BUYER AND SELLER OF THE ARTWORK AND ARTFEED IS NOT A PARTY TO THOSE CONTRACTS OR ACTING AS AN AGENT FOR ANY PARTY. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTFEED IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS AND DEALINGS. WE ARE MERELY ACTING AS A CONDUIT FOR SUCH INTERACTIONS AND DEALINGS AND WE TAKE NO RESPONSIBILITY FOR THEM.

Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report on Artwork you wish to purchase. All buyers should inspect all Artwork to satisfy themselves as to condition and must understand that any statement on the Artfeed Solution regarding the Artwork is merely a subjective, qualified opinion.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ALL ARTWORK IS OFFERED AND SOLD “AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, AND NONE OF THE ARTFEED PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, OR ATTRIBUTION. BUYERS ACKNOWLEDGE THAT THEY ARE ACQUIRING ARTWORK ONLY AND NO COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS ARE BEING ACQUIRED.

16.0 No Responsibility for Agents

If an agent is advising you or bidding on your behalf with respect to any Artwork, you should request that the agent disclose whether or not they have a financial interest in the Artwork or any resulting sale. Artfeed is not responsible for verifying or requiring such agent to disclose any such interest.

17.0 Ownership of the Artfeed Solution

a.Neither these Terms of Use nor your use of the Artfeed Solution grants you ownership in the Artfeed Solution or the Content you access through the Artfeed Solution. These Terms of Use do not grant you any right to use Artfeed’s trademarks or other brand elements. All right, title and interest, including intellectual property rights, in and to the Artfeed Solution and all other Content provided by us hereunder, and any updates, modifications, adaptations, translations, customizations or derivative works thereof or thereto, will remain the sole property of Artfeed (or our third-party suppliers, if applicable).

b.The Artfeed Solution and all materials provided by us hereunder are made available or licensed to you and not “sold”.

c.All rights not expressly granted to you in these Terms of Use are reserved by Artfeed.

18.0 License to the Artfeed Solution

Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Term to use the Artfeed Solution in accordance with these Terms of Use.

19.0 Your Responsibilities

You agree to:

a.keep your User ID and all other login information confidential;

b.not rent, sell, lease, sublicense or otherwise transfer your account, or any access to or use of the Artfeed Solution, to any third party;

c.not register for more than one account, register for an account on behalf of an individual or entity other than yourself without such individual’s or entity’s authorization, or register for an account on behalf of any other group or entity;

d. keep your email address and, where applicable, your contact details associated with your account current and accurate; and

e. promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of any User ID or account.

20.0 No Unlawful or Prohibited Use

You will not use the Artfeed Solution in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Artfeed Solution for any purpose other than in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

a. gain unauthorized access to the Artfeed Solution or bypass any measures we may use to prevent or restrict access to the Artfeed Solution;

b. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Artfeed Solution any Content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter any computer system or data; (ii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iii) is defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory or is otherwise objectionable, such determination to be made in Artfeed’s sole discretion; (iv) is harmful to minors in any way or targeted at minors; (v) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; or (vi) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others;

c. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Artfeed Solution or any part thereof or otherwise attempt to discover any source code;

d. use the Artfeed Solution for the purpose of building a similar or competitive product or service;

e. violate the terms of use of any third-party website that is linked to the Artfeed Solution, including any third-party social media website;

f. restrict or inhibit anyone’s use or enjoyment of the Artfeed Solution or harm Artfeed or users of the Artfeed Solution or expose them to liability;

g. promote, advocate, or assist with any illegal activity;

h. use any Content on or provided through the Artfeed Solution for targeted advertising;

i. interfere with or disrupt the integrity, performance, or operation of the Artfeed Solution or the Content on or provided through the Artfeed Solution; or

j. authorize, permit, enable, induce or encourage any third party to do any of the above.

Artfeed reserves the right to suspend or cancel any purchase, sale, or other offer or transaction on or through the Artfeed Solution if such purchase, sale, or other offer or transaction would, in Artfeed’s sole discretion, violate any applicable law (including any international conventions, import or export restrictions, or other applicable statutes, regulations, rules, or guidance issued by a governmental or regulatory authority from time to time).

21.0 Communications; Content on Artfeed Solution

a. You are solely responsible for your interactions with other users of the Artfeed Solution, including any communications through the Artfeed Solution. Artfeed reserves the right, but is not required, to review disputes between you and other Artfeed Solution users.

b. Though we strive to enforce the Terms of Use above with all of our users, you may be exposed through the Artfeed Solution to Content that violates our policies or is otherwise offensive. You use the Artfeed Solution at your own risk. We may, but are not obligated to, remove Content from the Artfeed Solution for any reason, including if we determine or suspect that such Content violates these Terms of Use.

c. We do not guarantee the confidentiality of any communications made by you through the Artfeed Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Artfeed Solution.

22.0 Feedback

You agree that nothing in these Terms of Use will restrict our right to use, disclose, publish or otherwise exploit any suggestion or idea provided by you (such suggestions or ideas, “Feedback”), without compensation to you and without any obligation to you. You will not have any claim, including claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

23.0 Third-Party Content, Websites or Services

The Artfeed Solution may provide or publish links or access to third-party content, websites, or services. Likewise, we may allow you to use the Artfeed Solution from third-party systems. Artfeed does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. Artfeed does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under Artfeed’s control, and if you choose to access any such content, websites, or services, or to use the Artfeed Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services, or systems and agree to accept and comply with any such terms of use.

24.0 Malicious Code and Security

We do not guarantee or warrant that the Artfeed Solution is compatible with your computer system or mobile device or that the Artfeed Solution, or any links from the Artfeed Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer systems and mobile devices.

25.0 Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE ARTFEED SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE ARTFEED SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NONINFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ARTFEED SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE ARTFEED SOLUTION.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, ARTFEED DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS, NOR DOES ARTFEED MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS. ARTFEED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ARTFEED SOLUTION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

26.0 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH ARTFEED, THE “ARTFEED PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OR DAMAGE TO ARTWORK OR OTHER PROPERTY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE ARTFEED SOLUTION OR THE INABILITY TO MAKE USE OF THE ARTFEED SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE ARTFEED SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE ARTFEED SOLUTION.

Under no circumstances will any of the Artfeed Parties be held liable for any delay or failure in performance in any way resulting from acts of nature, forces, or causes beyond our or their reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Notwithstanding anything to the contrary above, nothing in these Terms of Use shall operate to exclude or restrict our liability for death or personal injury resulting from our negligence, or our liability to fraud or fraudulent misrepresentation made by us, or any liability that cannot be limited or excluded by law.

27.0 Indemnification

You will defend, indemnify and hold harmless the Artfeed Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) your User Data and User Submissions; (b) use of the Artfeed Solution by you or anyone on your behalf (except to the extent prohibited by law); (c) any taxes related to the purchase or sale of Artwork that you failed to remit, any other amounts due or owing under any tax laws, or any dispute concerned the tax status of Artfeed; or (d) your breach of any provision of these Terms of Use. Artfeed reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

28.0 Term and Termination; Survival

a.These Terms of Use will commence on the day you first use the Artfeed Solution and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Artfeed Solution. You may terminate these Terms of Use at any time and with immediate effect by deleting your account, ceasing use of the Artfeed Solution and uninstalling and deleting the Artfeed App and any local Content made available to you through the Artfeed Solution. For greater certainty, if you continue to use the Artfeed Solution after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use. Please note that if your account is cancelled, Artfeed does not have an obligation to delete or return to you any of your User Content.

b. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration, will survive expiration or termination of these Terms of Use for any reason: Sections 2 (Additional Terms), 4 (User Data, User Submissions, and Privacy), 17 (Ownership of the Artfeed Solution), 23 (Third-Party Content, Websites or Services) 24 (Malicious Code and Security), 25 (Disclaimer), 26 (Limitation of Liability), 27 (Indemnification), 28(b) (Term and Termination; Survival), and 2 (General Provisions).

c. Artfeed reserves the right to terminate any user’s access to the Artfed App at any time in its sole discretion and without prior notice.

29.0 Geographic Restrictions

The Artfeed Solution is not intended for use in any jurisdiction where its use is not permitted, as detailed by Artfeed from time to time within the Artfeed Solution or in the Additional User Terms.

30.0 General Provisions

a. Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of England and Wales and such laws apply to your use of the Artfeed Solution, notwithstanding your domicile, residency or physical location. You will only use the Artfeed Solution in jurisdictions where the Artfeed Solution may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in England in all disputes arising out of or relating to the use of the Artfeed Solution. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

b. Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Artfeed Solution. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

c. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

d. Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

e. Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

f. Dispute Resolution. If you believe that Artfeed has not adhered to these Terms of Use, please contact Artfeed using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. The Artfeed Parties have no duty to resolve and will not act as the agent of any buyer or seller in connection with resolving any disputes. However, we may, but are not obligated to, provide intermediary services between buyers and sellers in connection with customer service or dispute resolution matters.

g. English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

31.0 Contact

If you have any questions or comments regarding these Terms of Use, please contact us at hello@theartfeed.com.

32.0 Apple App Store Additional License Terms

If the Artfeed App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Artfeed Solution and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use the Artfeed Solution only on an iPhone, iPad, iPod touch, or other compatible Apple device that you own or control. You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Artfeed Solution. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Artfeed Solution, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with the Artfeed Solution related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.

Any third-party claim that the Artfeed Solution or your possession and use of the Artfeed Solution infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a UK Government embargo, or that has been designated by the UK Government as a “terrorist supporting” country; or (ii) listed on any UK Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Artfeed Solution. Name: Artfeed Support Email Address: hello@theartfeed.com Address: Artfeed, c/o Avery Law LLP, Clutha House, 10 Storey’s Gate, London, UK, SW1P 3AY. Apple is a third-party beneficiary to these Terms of Use and may enforce these Terms of Use against you.

33.0 Google Play

If the Artfeed App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Artfeed Solution.

1.0 Revenue Disbursements from Artwork Sales Artfeed takes a commission in the amount equal to 20% of the sale price of an Artwork (subject to any reduced commission that is applicable to an artist via one of Artfeed’s referral schemes).

2.0 Payment Processor(s) Artfeed’s current Payment Processor is Stripe. For more information on Stripe and to review Stripe’s terms and conditions, please visit Stripe’s website: https://stripe.com/.

3.0 Third Party Carrier The buyer and seller can liaise with P&S who has a customer support centre for any shipping questions. You can contact P&S on +44 (0)118 958 4498. Address: 43-45 Milford Road, Reading, Berkshire RG1 8LG, UK. Email: reading@packsend.co.uk. By using P&S for any services, you agree to P&S’s terms and conditions.

4.0 Geographical Location Please note that there may be additional country-specific limitations and restrictions on cross-border transactions through the Artfeed Solution as identified by Artfeed from time to time.