Terms and conditions

4th of August 2023

Introduction

These terms set out the terms on which you may use our website (https://art.page/) and the platform service at that address. art.page can also be accessed under other domains if an Artist configures a Custom Domain for their page. These terms apply regardless of the domain used to access art.page. The definitions applicable to these terms are set out in the final paragraph of these terms.

art.page is a platform empowering Artists to run their own business, allowing them to share their content and products with Clients. It is possible to use art.page as an Artist, as a Client or as a visitor without creating a user account. It is also possible for an individual to be an Artist in one scenario, and as a Client in another. These terms apply to all such situations and categories of users.

Artists can use art.page to facilitate Transactions. These Transactions can take many forms such as acceptance of Donations and payments, the sale of services, products or commissions that can be either physical or digital, or provision of Subscriptions to Clients that may grant them access to content or discounts. art.page is a platform enabling Clients to support Artists. art.page is not an e-commerce merchant, payment provider, personal website builder, bank, lender, charity, or a broker.

Artists can register and customise a vanity domain such as https://artistname.art.page, or use a Custom Domain such as https://www.artistname.com (this white labelling option is available for certain Artist Memberships), and share their content (such as text, images, video) on pages under that domain.

In respect of Transactions, a contract is formed directly between the relevant Artist and the Client and we are not a party to this or responsible for Transactions or for any Artist Content. In respect of any Transactions, the Artist is the merchant of record.

These terms make reference to functionality which is planned but not yet implemented. Such reference is not a guarantee that such functionality will be implemented. Our roadmap for current and planned developments can be accessed at https://art.page/roadmap. We may make functionality available to all users, or a subset of users whilst it is still under development. Users should be aware that bugs/unintended behaviour may occur as a result and are encouraged to report these either via email at [email protected] or on our discord server. During this time, the “Pro” tier (as described on our website) shall be the only Artist Membership available and we will not charge the advertised Membership Fees but will still charge the Transaction Fees. We will provide users reasonable notice of when we will start charging the Membership Fee in respect of the “Pro” tier and give users reasonable time to select their desired Artist Membership. If no such decision is made by the indicated deadline, the user will be downgraded to the “Hobby” tier.

Who we are

art.page is operated by ArtWisp Limited, a limited company registered in Scotland under company number SC671528 and having its registered office at 272 Bath Street, Glasgow, Scotland, G2 4JR ("we", “us”, “our”).

To contact us, please email [email protected].

Using the site

By using our site or registering an account, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site or register an account.

You are also responsible for ensuring that all persons who access art.page through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

We recommend that you print a copy of these terms for future reference.

Other terms

Our Privacy and Cookies Policy also applies to your use of art.page. If you provide another individual’s personal data to us, you must do this with their approval and draw our Privacy and Cookies Policy to their attention.

Artist Memberships

We offer different Artist Memberships, the features of which, and associated fees, are set out on our site. This section applies to Artists. To sign up for an Artist Membership you must be at least of the age of legal majority in the jurisdiction where you reside or 18 (which ever is higher).

If you have signed up for an Artist Membership, subject to you paying the applicable fees and complying with these terms, we hereby grant to you a non-exclusive, non-transferable licence, without the right to grant sublicences, to use the services and features available under the relevant Artist Membership during the Membership Term solely for your own purposes.

The Membership Term is for the Initial Term and, thereafter, automatically renews for successive periods equal to the Initial Term (each a “Renewal Period”), unless:

either one of us terminates the agreement before the end of the Initial Term or any Renewal Period, in which case the agreement and the Artist Membership shall terminate upon the expiry of the applicable Initial Term or the relevant Renewal Period; or
the agreement otherwise terminated in accordance with these terms.

Where applicable, you must pay the Membership Fees in respect of your Artist Membership in accordance with your chosen payment plan, as set out on our site (subject to any discounts you are given from the Referral Scheme). On the Effective Date you must provide your credit/payment card details and you hereby authorise us to bill such card on the Effective Date for the Membership Fees payable in respect of the Initial Term and at the start of each Renewal Period for the Membership Fees payable in respect of such Renewal Period.

Your Artist Membership may be subject to Transaction Fees as set out on our site (https://art.page/pricing) when you signed up for your Artist Membership. Where applicable to your Artist Membership, all Transaction Fees are due at the time of Transaction and deducted directly from the Transaction. Where Artist Content are delivered through Print On Demand, Transaction Fees still apply.

If you do not pay by the due date, and without prejudice to our other rights and remedies, we may, without liability to you, disable your account and shall be under no obligation to provide you with any services relevant to your Artist Membership while the fees are unpaid. Unless expressly set out in these terms, all fees are non-cancellable and non-refundable.

We may increase the fees or change the way that we charge for the use of the platform at the start of each Renewal Period upon 30 days' prior notice to you.

As an Artist, you are independent from us and nothing in these terms shall render you our contractor/sub-contractor, employee, franchisee, worker, agent, joint venturer or partner and you shall not hold yourself out as such. Nothing in these terms is intended to, or shall be deemed to, constitute you as our agent, or authorise you to make or enter into any commitments for or on our behalf.

Artist Memberships: Artist obligations

This section applies to Artists. You must not (except as may be allowed by any applicable law which is incapable of exclusion by agreement and except to the extent expressly permitted under these terms):

attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of art.page in any form or media or by any means; or
attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of art.page.

In addition you must not do any of the following:

access all or any part of the site or the platform in order to build a product or service which competes with art.page; or
use art.page to provide services to third parties other than to Clients as described in these terms; or
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit (other than as described in these terms), or otherwise make art.page available to any third party, or
anything which infringes the terms of the payment provider connected to art.page (Stripe);
revoke our access to your payment provider account whilst still using art.page or the platform. Doing so can cause inconsistent behaviour and potentially cause issues for Clients due to limited functionality; or
attempt to obtain, or assist third parties in obtaining, access to the source code relating to your Artist Membership, our website or the platform; or
purchase or use Custom Domain names using the words “art.page” such as combining it with one or more additional words, letters, numbers or other characters, or to constitute a misspelling or other confusingly similar variation of our domain, or attempt to do so.

You must:

comply with all applicable laws with respect to your use of art.page;
configure your Artist page in accordance with your requirements and accept the relevant terms of payment providers;
ensure your Artist page meets accessibility regulations that visitors to your page may be entitled to (for example, sufficient colour contrast between background/foreground, images with alternative text descriptions, screen reader compatibility, etc.);
comply with all other applicable regulations relating to your activities, for example, with respect to advertising, and offering sales and/or discounts on products/services;
seek your own financial, legal, tax or other professional advice in connection with any Transaction you enter into using art.page;
obtain and maintain all necessary licences, consents, and permissions relating to your use of art.page and uploading of Artist Content; and
not at any time disclose to any person any confidential information concerning our business, assets, affairs, customers, clients or suppliers, except to the extent as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. You may not use our confidential information for any purpose other than to exercise rights and perform obligations under or in connection with these terms.

You do not own the subdomain we make available to you. We reserve the right to revoke your right to use any domain we make available and to appoint another domain name to you at any time.

Artists’ responsibility to Clients

Artists are third-party sellers on art.page. The role of art.page is to provide a platform to facilitate Transactions. We do not manufacture, create or sell Artist Content and Clients have no recourse against us in respect of Artist Content. Artists are solely responsible for their Artist Content and for related Transactions. It is the responsibility of Artists to communicate to Clients how Client personal data will be stored and processed by the Artist. Artists must also communicate their terms for doing business to Clients such as, but not limited to, terms governing Transactions and sales, refunds and complaint procedures.

Artists must manage and are responsible for any disputes, errors, requests, returns, claims or other communications regarding Artist Content and/or any Transaction. We are not responsible for these or any damages, claims or loss arising from them.

We may review Transactions and/or Artist Content and any feedback provided to us. If an Artist is found to have infringed these terms or not complied with applicable law in connection with the Artists’s use of art.page, we reserve the right to suspend the relevant Artist Membership. Example of when we may do this include situations where Artists are misleading Clients. However we do not actively review all Transactions or Artist Content and do not take responsibility for these – if you notice any issues we should be aware of, please contact us to draw these to our attention.

As an Artist you an independent controller of the personal data you receive from use of art.page and you must process personal data in accordance with all applicable laws, including provide all necessary fair processing information and obtain all required consents.

As an Artist you are responsible for manufacturing and delivering any physical goods to Clients, including all related costs and relevant third party agreements. We recommend a tracked shipping method with adequate insurance.

In connection with Print on Demand, the Artist is the merchant of record, liable for taxes, cost of production and for refunds/delivery issues. The Artist must resolve any issues relating to Print on Demand externally with the third party print manufacturer and delivery service provider.

As an Artist, you indemnify us on demand and keep us indemnified fully against all losses, liabilities, damages, costs and expenses arise out of, or in consequence of, your use of art.page.

Artist Membership: our obligations

This section sets out our obligations applicable to any Artist Membership you have signed up for.

We agree to ensure that the services and features of the Artist Membership correspond substantially with the description set out on our site from time to time in respect of that Artist Membership.

Artist Membership: changing membership type

Artists can both upgrade and downgrade their Artist Membership. Downgrading may result in features which were previously available, being no longer available. This can be done at any time by updating your membership type from your account dashboard. Upgrades will take immediate effect. Downgrades will take effect at the start of the next Renewal Term. In the event of an upgrade, any difference in the Membership Fees will be payable immediately in respect of the current billing period of the Artist’s chosen payment plan, reduced pro rata to take account of any time period before the upgrade takes effect.

When downgrading, access to features from a higher tier Artist Membership will no longer be available and may result in the Artist no longer being able to fulfil their obligations to Clients. Artists should ensure that they have fulfilled their obligations to Clients before downgrading their Artist Membership and/or communicate with the Client in advance of downgrading, to ensure their agreement can be fulfilled. This may involve the Artist providing the Client a refund in some scenarios, subject to the terms of the agreement between the Artist and the Client.

Downgrading may also result in some/all of the Artist Content being deleted from art.page depending on the features of the chosen Artist Membership.

Artist Membership: termination

Without affecting any other right or remedy available to it, either party may terminate the Artist Membership and the agreement with immediate effect by giving written notice to the other party if:

the other party fails to pay any amount due on the due date for payment; or
the other party commits a material breach of any other term and (if such breach is remediable) fails to remedy that breach within a period of thirty (30) days after being notified in writing to do so.

In addition art.page may terminate the agreement and any Artist Membership for any reason with immediate effect by giving written notice to the Artist of no less than 30 days. In this event we will provide a refund in respect of any Membership Fees you have paid in advance and relating to the period after termination (if applicable).

If you wish to exercise your rights to terminate as set out in these terms, you may email us on [email protected]. On termination of the agreement for any reason:
the Artist Membership and all licences granted to you shall terminate and your access to your account shall cease;
we may delete any of the Artist Content on our site;
any Subscription payment to be collected following the moment of termination will be cancelled and no such further Subscription payments will be collected;
subject to the previous bullet point, any Transactions will not be modified by art.page. It is your responsibility to ensure that any obligations you have to Clients have been or can be fulfilled without the use of art.page. You may need to initiate a refund for Clients in the event that you are unable to do so without art.page’s services;
any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination shall not be affected or prejudiced; and
any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect including the liability provisions and indemnities.

Artists must stop accepting new Transactions and, where possible, must promptly seek to resolve any pending and/or in-progress Transactions once notice to terminate the agreement and the Artist Membership has been given. It is the Artist’s responsibility to ensure that they are able to safely and securely complete any pending agreements with Clients separately from the art.page platform.

Artists should ensure that any relevant Subscriptions/Transactions are cancelled prior to terminating their account. Artists will be reminded and instructed how to do so, at the account termination screen.

Termination of the Artist Membership does not delete your associated Stripe account.

Your responsibility as a Client

This section applies to Clients. You must be at least of the age of legal majority in the jurisdiction where you reside. Before entering into a Transaction, you must seek your own financial, legal, tax or other professional advice. We do not provide such advice.

You must not use our site or enter into Transactions in a fraudulent, misleading, inaccurate or dishonest manner. This includes chargebacks and fraudulent disputes. art.page may in its sole discretion decide whether the Client is behaving in such a manner and may suspend a user from entering into Transactions if we come to such conclusion.

For any Transaction errors, refund requests or disputes with an Artist or relating to Artist Content, please contact the Artist.

Transactions, payments, and taxes

We have engaged third party payment providers to process payments from Clients to Artists. Payments are made directly from Clients to Artists using these payment providers. The Artist must accept the terms and conditions of the payment provider.

You must comply with the terms of third party payment providers and they will be responsible for all matters relating to payment and use of your card/account details.

Payment providers process personal data in accordance with their own privacy policies. We have no control over the information given to payment processors.

Transactions may be cancelled or refunded in the event of an issue with such third party payment processing providers and this is outside the control of art.page.

Payment providers share information automatically between Clients and Artists when payments/Donations are made. art.page has no control over that sharing. Any queries regarding the sharing of information should be directed to the relevant payment providers.

Taxes and related responsibilities can vary based on jurisdiction and depending on different products/services/transactions. It is your responsibility to determine what, if any, taxes apply relating to your activities using art.page. You must assess, collect, report and pay the correct tax to the appropriate tax authority. We are not responsible for this and do not provide any tax advice.

We may make changes to these terms and art.page

We may change these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If you have an account with us, we will contact you to let you know of any changes to these terms and you can decide whether you want to continue to use art.page.

We may update and change art.page from time to time to reflect changes to our products, our users' needs and our business priorities however if we make any material changes to the Artist Membership, we will let you know.

We may suspend or withdraw art.page

We do not guarantee that art.page, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of art.page for business and operational reasons as well as for planned and unplanned maintenance. Where reasonably possible, we will try to give you reasonable notice of any suspension or withdrawal – such notice may be provided on our home page, via social media or email.

If we withdraw the service permanently and you have paid Membership Fees in respect of an Artist Membership, we will contact you and refund you in respect of Membership Fees relating to the period after withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.

You must keep your account details safe

You must treat your account login and password as confidential. You must not disclose it to any third party. We have the right to disable any account login or password, at any time, if in our reasonable opinion you have failed to comply with these terms.

If you know or suspect that anyone other than you knows your account login or password, you must promptly notify us at [email protected] and reset your account credentials.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. Except as expressly stated in these terms, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of art.page.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated or Artist Content in which case the relevant user/Artist must be acknowledged).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us and/or our licensors.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this section should be treated as an express reservation of our rights in this regard. This section shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Content disclaimer

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely and it may contain errors. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We do not endorse any Artist Content. Any queries relating to Artist Content should be made directly to the Artist.

Payment processing services are provided by a third party payment provider. art.page operates as a ‘Connect Platofrm’ as detailed in payment provider’s connect terms: https://stripe.com/en-gb/legal/connect.

Third party websites and integrations

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources. You access the website content of, correspond with, and purchase products and services from, third parties via third-party websites solely at your own risk. This applies to Print On Demand – the agreement for these services is between the Artist and the third party service provider.

If you connect your art.page account to third party services or websites (e.g. Stripe, Twitch, Facebook, Twitter, or Gmail), you must comply with the terms of such services/websites.

We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any Transactions completed, and any contract entered into with any such third party.

User-generated content is not approved by us and we are not responsible for Artist Content and for Transactions

art.page includes information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by users on our site do not represent our views or values.

We are not responsible for user-generated content including any Artist Content, for any Transactions or for any interactions between users. Each Artist is responsible for its Artist Content. We make no warranties, representations or guarantees and hereby disclaim all liability in respect of user-generated content (including any Artist Content), for any Transactions or for any interactions between users.

How to complain about or report content

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on [email protected].

If you become aware of any infringement or suspected infringement of intellectual property rights, please contact us immediately on [email protected].

If you wish to complain about any other content, please contact us on [email protected].

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the foregoing, we are not responsible for Artist Content or any Transaction. Any Transactions are between Artists and Clients. We are not responsible for use of personal data by other controllers, including Artists.

If you are a business user:

A business user can be an Artist or a Client and does not necessarily need to be a company (Ltd, LLC etc).
To the fullest extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to art.page, any Artist Membership or account or any content on it. art.page is provided on an “as-is” basis and we do not warrant that:
- your use of art.page will be uninterrupted or error-free; or
- art.page and/or the information obtained through art.page will meet your requirements.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, art.page; or
- use of or reliance on any content displayed on art.page.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage;
- any loss or damage arising from issues with third party websites (for example if there is downtime or an update which breaks the integration with art.page or a bug with communication between art.page and the third party site);
- any loss or damage arising from actions taken by third parties, such as Stripe;
- loss, corruption or unavailability of any information, data or software. You should maintain your own back-ups in respect of any content or material you provide to art.page; or
- any losses caused by conflicting contractual agreements.
Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the agreement subject to these terms shall be limited to either:

(a) the total Membership Fees (excluding any Transaction Fees) paid for your Artist Membership during the 12 months immediately preceding the date on which the first claim under these terms arose; or

(b) where the total Membership Fees (excluding any Transaction Fees) paid during the 12 months immediately preceding the date on which the first claim under these terms arose are nil, the greater of either (i) the sums we have earned through your use of art.page during the 12 months immediately preceding the date on which the first claim under these terms arose or (ii) the price of 12 months’ “Master” tier Membership Fees on the date on which the first claim under these terms arose.

If you are a consumer:

Please note that we provide art.page for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will comply with our legal obligations in providing you a remedy. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for any user-generated or Artist Content as that is supplied by the website users and Artists.

Use and uploading content to our site

Whenever you make use of a feature that allows you to upload content to art.page, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You may not access, store, distribute, link or transmit any material or use our site in any way that:

is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
facilitates illegal activity or violates any industry requirements; or
promotes adult services; or
engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property; or
engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic; or
infringes or facilitates infringement of rights of any third party (including any intellectual property or privacy rights); or
is fraudulent, misleading, inaccurate, dishonest (including chargebacks or fraudulent disputes) or has the purpose of evading taxes; or
is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
constitutes gambling, a raffle or a lottery;
is otherwise illegal, causes damage or injury to any person or property or violates applicable law such as money laundering regulation, lotteries or gambling legislation; or
constitutes hate speech, intimidation or abuse; or
impersonates another user, individual, business/entity or art.page staff/employee or attempts to do so;
could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence; or
we may otherwise deem to be unacceptable or inconsistent with these content standards.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. You have sole responsibility for the legality, reliability, integrity, accuracy and quality of any content you upload/contribute.

Any content you upload/contribute to art.page will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. Please see section Rights you are giving us to use material you upload and content you post for further information.

We also reserve the right to disclose your identity to any third party when we believe that any content posted, uploaded, or contributed by you to our site constitutes, or may constitute, a violation of their rights, or where we are required to do so by law. We have the right to remove any content you upload / post / contribute to our site if, in our opinion, this does not comply with these terms. If you wish to contact us in relation to content you have provided to our site and that we have taken down, please contact [email protected].

You must not use art.page as a long term storage solution for large amount of content/data, we reserve the right to apply limits to the content stored for each user (including Artist Content), and delete content in excess of such limits (we will notify you before we do this).

You are solely responsible for securing and backing up your content.

We do not allow any Artist Content created using artificial intelligence generators, or similar technologies, to be posted on art.page.

Permitted adult/nsfw content

These terms do not prohibit content that may depict nudity or sexual activities so long as it meets the criteria set out below:

The content is not photography / a video of real humans.
The content is not connected to child sexual abuse or exploitation.
Your associated Stripe account is not from India, Malaysia, or UAE and the content does not otherwise breach terms of relevant payment providers.
The content is marked as “Adult only” when you upload it to our platform.
The content does not otherwise breach these terms or the other content standards.

Rights you are giving us to use material you upload and content you post

When you upload or post content to our site, you grant us the following rights to use that content:

a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the content is removed from the site; and
a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the site to expire the later of either when the content is removed from the site or, if relevant, where a Client’s right to use any Artist Content terminates under an agreement between the Client and the Artist.

Without prejudice to the above, in relation to our use for promotional purposes, we will only use for this purpose such content which is publicly available, such as that on your portfolio page.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs, vulnerabilities or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access art.page. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to art.page

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

Which country's laws apply to any disputes?

If you are a consumer, please note that the agreement governed by these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to deal with any disputes between us except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Other important terms

Client account deletion. If you are a Client and wish to delete your account, please email us at [email protected] from the email address associated with your account Clients must ensure that any relevant Subscriptions/Transactions are cancelled prior to terminating their account. Clients will be reminded and instructed how to do so, at the account termination screen. On deletion of your account the agreement between us comes to an end and:

access to your account and related functionality will cease;
we may delete any of the user-generated content associated with your account;
you agree and understand that neither art.page or the Artist are liable for any loss of access to additional functionality, services, and/or benefits the Client was previously entitled to. Clients may not be entitled to a refund or partial refund in relation to any Transaction (this depends on the Artist and any such refund, if applicable, is provided by the Artist);
any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination shall not be affected or prejudiced;
any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect including the liability provisions and indemnities;
if any ongoing Transaction or any historical Transaction is related to an ongoing service, or awaiting a product to be delivered, then the Client agrees to resolve such with the Artist on a separate basis; and
Transactions may rely on functionality provided by art.page. We are not responsible for any infringement of the agreement between the Client and an Artist following the deletion of a Client account. Deletion of your Client account does not automatically terminate any agreement Client may have with an Artist. The Client must resolve any pending/ongoing Transactions and cancel any Subscriptions prior to account deletion.

Even if we delay in enforcing these terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

If a court invalidates some parts of these terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Our trade marks. You are not permitted to use our trade marks without our approval, unless such use is part of permitted use under these terms.

Nobody else has any rights under these terms. Nobody else, other than you or us, can enforce these terms.

If you are a business user:

These terms constitute the entire agreement between us and you and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
You may not, without our prior written consent, assign, novate, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these terms. We may do so at any time provided we notify you of this.

Policies, procedures, measures and tools

All content uploaded to our platform is automatically scanned for child sexual abuse material using an automated tool, any content identified as such will be automatically blocked and a report automatically submitted to the National Center for Missing & Exploited Children.

art.page reserve the right to monitor user-generated content on the platform for any abuse and illegal content or which does not otherwise comply with these terms. If you disagree with a decision made regarding your account and/or content, please contact us to discuss further at [email protected]

Definitions

In these terms the following words shall have the following definitions:

“Artist” means any user who signs up for an Artist Membership when they are using the features and functionality of that Artist Membership, including when they are the merchant of record and receiving payment for Artist Content;

“Artist Content” means content uploaded/contributed into art.page by or on behalf of an Artist as part of their Artist Membership and/or goods, material or other content (in whatever form) or any service or related deliverable provided by Artist to Client as part of their Artist Membership;

“Artist Membership” the membership for Artists on art.page which entitles the Artist to register their own page on art.page to share content with Clients;

“Client” means someone who visits the page of an Artist on art.page, gives a Donation to, or purchases goods or services from, or enters into any Transaction with, an Artist or who subscribes to receive content from an Artist and/or opens a Client account with art.page;

“Custom Domain” a domain available to Artists on higher tier Artist Membership who can use a domain other than artistname.art.page;

“Donation” means a unilateral payment sent to an Artist by a Client with no expectation of anything in return;

“Effective Date” means the date on which an Artist is provided access to the services and functionality relating to the Artist Membership the Artist has signed up for;

“Initial Term” means the initial term of the Artist Membership as selected by the Artist from options available on art.page at the time of signing up for the membership, commencing on the Effective Date;

“Membership Fees” means the fees payable by the Artist for the Artist Membership as detailed on our site at the time of taking out the Artist Membership (as may thereafter be amended in accordance with these terms), which can be found at https://art.page/pricing;

“Membership Term” means the Initial Membership Term together with any subsequent Renewal Periods unless the Artist Membership is otherwise terminated in accordance with these terms;

“Print on Demand” means the services provided to the Artist by selected third party printing services for the manufacturing of Artist Content, either through a third party integration with art.page or without (e.g. with Printly).

“Referral Scheme” means when an Artist refers another artist to the platform who signs up for an Artist Membership and links their Stripe account. The conditions applicable to this scheme are set out on our site;

“Subscription” means the subscription from a Client to receive Artist Content, goods or services or other benefits from an Artist. What the subscription entails will depend on the Artist;

“Transaction” means any Donation, Subscription, fee, consideration for goods, services or content or any other payment made by Client to an Artist (including any that relates to Artist Content delivered using Print on Demand); and

“Transaction Fees” means the transaction fees payable by the Artist to us for each Transaction made under the Artist Membership as detailed on our site at the time of taking out the Artist Membership (as may thereafter be amended in accordance with these terms), which can be found at https://art.page/pricing. For the avoidance of doubt, this does not include any fees that may be charged by third parties, such as payment processors, for the provision of additional functionality which third party fees shall be the Artist’s responsibility.