PrArtist is a platform and community that has been built for artists to upload their work. PrArtist identifies and respects intellectual property rights for each specific piece of work an artist uploads. PrArtist also respects the intellectual property rights of third parties. PrArtist reminds all artists that each time they upload their work, they are complying with intellectual property rights as PrArtist has a non-tolerance policy for any form of intellectual property rights infringement. PrArtist guidelines require that artists make sure their uploaded work does not infringe on copyright, publicity rights, privacy rights, moral rights or any other rights of any person or third party posses and that their work does not violate any law or judicial or governmental orders. Attempting to steal other people’s work and trying to use it yourself, is against the law and will not be tolerated by PrArtist.
These Terms and Conditions set forth; The rules of using the Website by the Artists and Users and the rules governing the Provision of Services via the Website. Also the conditions for selling Products via the website. Finally the rules that govern the provision of services by the Artists in connection with delivering Product Models to the Website.
The Service Provider reserves the right to technically modify the manner in which the Service is provided in compliance with the scope and conditions resulting from the authorisations held by the Service Provider. Also in accordance with the technical capabilities of the Service Provider without compromising the quality and with no influence on the scope of rights and obligations of the parties.
The Service Provider is entitled to periodically suspend the provision of Services on the Website in relation to all or some of the Accounts in connection with carrying out necessary maintenance. The maintenance will be carried out upon prior notification to the Artists or Users, by way of sending an appropriate message to the Accounts and publishing an announcement on the Website. This time will elapse in the shortest time possible.
In order to assure the safety of transferring messages connected with the Service provided, the Service Provider undertakes technical and organisational measures which are adequate for the level of risk to the safety of the Service.
The Artist keeps all rights to Product Models uploaded by the Artist to the Account; (see personal commission sales contract for details) and may at any time delete any Product Model from the Account. All orders from Users for Products based on Product Models by a particular Artist that are placed before the deletion of the Product Model will be completed.
A Product Model displayed on an Account must suit the condition that the file containing the Product Model or a photograph featuring the Product Model satisfies the following technical parameters for both manufacturing reasons and matches the file sent to PrArtist:
The Service Provider reserves the right to delete the Product Models which are not in line with the profile of the Website or that don’t meet the specification requirements as seen above. Without any prejudice of rights and obligations the Parties have.
The Artist undertakes to fulfil any and all tax obligations connected with the activities carried out by the Artist on the Website.
By uploading a Product Model to the Account, the Artist is giving consent for the Service Provider and the Service Provider’s subcontractors to undertake any activities with respect to the Product Model and its developments, in full or in part, that are necessary to create and market the Product.
The Artist also gives his or her consent to the following; The Service Provider and entities cooperating with the Service Provider using the Product Model or its development, in full or in part and photographs of the Product itself solely with a view to promoting the Website or the Artist. This is by using the Internet, journalism and television, or during presentations or exhibitions. Also launching discounts by the Service Provider. As a result of launching discounts, the price of the Product and the fee paid to the Artist is decreased (see sales commission contract for more details).
Acceptance of PrArtist’s Terms and conditions equals with the Artist’s consent for selling the Product Models in the wholesale B2B channel. The consent can be terminated by termination of the Agreement and closing Account by the Artist.
After verification by the Service Provider, and once the product process has sufficiently been provided by the Artist and the services have been connected with the delivery of Product Models to the Service, the Service Provider undertakes to pay a fee to the Artist.
The fee will be published to the Artist after 30 days of selling a Product and the order processed is completed. This is to adhere to the law and the returns policy for the Users of the website after ordering.
The fee is a commission paid to each Artist if the image is sold as a ‘standard image’. 25% perpetual commission will be paid to each Artist, or 15% with a discount code applied. If the image is a signature image the Artist will receive a markup where PrArtist will receive a flat fee for manufacture and the Artist will receive the excess profits.
There will be a deduction of 5% sales commission from all fees due to the Artist, which is not subsequently returned for a refund.
The Service Provider reserves the right to deduct an advance payment towards taxes and other official administrative fees that the Service Provider is obliged to pay in different countries around the world.
The Artist is solely responsible for the provided data; PayPal, Email and their address during the payment process. The payment will be lost in case of the Artist providing incorrect or invalid data. The Artist waives all and any claims against the Service Provider in this respect.
At the time of a pay-out, the Artist commits to provide basic and valid data (tax data) for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, the Service Provider reserves the right to withhold payment until receipt of relevant data.
The Artist’s fee regulated above will cover any and all claims that the Artist may have. This is in connection with or as a result of the cooperation with the Service Provider in connection with the Website. In particular this involves giving consent to the use of the Artist’s Product Model and Product in the manner specified above.
A Product sale agreement is concluded upon the User clicking a functionality marked in the path to purchase as a “Check Out”, unless in the case of purchase through the PayPal system, upon clicking a functionality marked as “Pay Now”. This agreement does not apply in the case of failure to make the actual payment. This agreement may be concluded solely and exclusively via the Website, e.g. using Website functionalities. The subject matter of the agreement will be specified at the last stage of the path to purchase. The Service Provider is obliged to deliver the Product without any legal and physical defects. The guaranteed price of the Product is the price given in the basket. This means that the Service Provider guarantees that when the User adds a Product to a basket at a specified price in the purchase path, the User does not purchase this Product during the same visit to the Website. The price of the added Product will remain the same as at the time of adding this Product to a cart. If the User purchases the Product which was previously added to a cart during the other visit to the Website, as long as the Product is still available for purchase this will suffice.
The User may return the Product sale agreement concluded with the Service Provider via the Website within fourteen calendar days. This time limit is calculated from the day the User took the possession of the Product. In the case of withdrawal from the Product sale agreement, the User will cover the following costs; the cost of returning the Product (see returns policy), also if the User selects a manner of Product delivery other than the least expensive ordinary manner of delivery available on the Website, the Service Provider is not obliged to reimburse the User for any additional costs incurred by the User. Returns are possible if the package contents are still fully functioning and good condition.
The Service Provider undertakes to immediately, no later than within fourteen days from the day of receiving a User’s statement to return the Product from the sale agreement. The Service Provider will reimburse the User for any and all payments made by the User with the use of the same method of payment as applied by the User. The Service Provider is entitled to suspend reimbursement of payments obtained from the User until the Service Provider receives the Product back or the User submits a confirmation of shipping the Product, depending on which of the events occurs earlier. The Service Provider reserves that upon the lapse of sixty days following the payment made by the User, independent payment operators may, under their rules and regulations, retain a certain part of the amount paid.
The Product will be delivered not later than thirty business days following the day on which the payment for the Product was obtained.
The Products are delivered by courier or to a package machine or a service point indicated by the User. We ship to; Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom, United States and Venezuela. Depending on the destination, there is a possibility of an additional duty fee. This amount will depend on a specific country's regulations. Any costs related to customs duties shall be paid by the buyer.
Payment for the Products may be made using the methods indicated at the beginning of the order making process. The User should pay the Product price immediately upon making an order for a given Product. Payments are made in GBP. If a different currency is applied by the User than mentioned above, the final charge is made in GBP at the exchange rate at the User’s bank.
In the case of any possible non-compliance of the Product with the sale agreement or terms of delivery of the Product, the User may submit a complaint to the address; email@example.com The complaint shall be examined by the Service Provider within one month from the delivery of it to the Service Provider. The User will be promptly informed of the results of this procedure.
According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes, Users shall have the possibility to resolve disputes with traders regarding online sales or service contracts, out-of-court via an online platform. Complaints can be submitted in the electronic form available under the following link: http://ec.europa.eu/consumers/odr/. Our e-mail address for this procedure is; firstname.lastname@example.org.
During the Registration, the Artist or User will undertake activities which include the following;
The Service Provider reserves the right to verify the Registration of both the Artist or the User.
Following successful registration, the Artist or User will gain access to the Account, which is in each case provided by the Service Provider upon entering the Password and the Name of their login.
During the Registration process and while using the Service, the Artist or User is obliged to;
The Artist or User has exclusive liability for the contents of data provided by the Artist or User. The choice of a User or Artist’s Name and Password, including liability for any possible infringement of third party rights in connection with the selection of the Name and Password. The Artist or User also takes exclusive liability for the disclosure of the Password to third parties.
Every person who completes the Registration on behalf of an organisational entity with legal capacity for example; a registered partnership or limited partnership, or a legal person for example; a limited liability company or a joint-stock company, on behalf of a civil law partnership, states and declares that he or she is fully authorised to conclude the Agreement on behalf and in the name of this organisational entity, legal person or civil law partnership.
It is forbidden for an Artist or User to create multiple accounts of the same nature.
Each Party is entitled to terminate the Agreement with immediate effect without giving the reasons, without prejudice to the rights acquired by the other Party prior to the termination of the Agreement. There is no minimum period during which the Agreement may not be terminated. All orders from Users for Products based on Product Models by a particular Artist that are placed before termination will be completed.
If the Service Provider wishes to terminate the Agreement, the Artist or User shall be notified by the email address given by them during Registration. The termination of the Agreement by the Service Provider is irreversible.
Termination of the Agreement by the Artist or User is affected by them through the deletion of the relevant Account. This involves making a request for its deletion in the Account’s administration panel. All data and the Product Models will be irreversibly and immediately deleted at the time of account removal. The Artist or User waives all and any claims against the Service Provider in this respect.
The Service Provider shall be also entitled to terminate the Agreement with the Artist or User with immediate effect if the Artist or User respectively, breaches at least one of the following paragraphs of the Terms of Conditions set in this document. In this case, the Account will be deleted immediately after sending the termination notice to the Artist or User, without prejudice to the rights acquired by the Parties. In the event the Service Provider terminates an Agreement with an Artist, the Service Provider reserves the right to suspend the performance of those User’s orders for Products that are based on such Artist’s Product Models and were submitted before the date of termination. The Artist waives all and any claims against the Service Provider in this respect.
The Service Provider is entitled to cancel fees described in the terms and conditions, with respect to the Artist or User who has breached the terms and conditions. The Artist or User waives all and any claims against the Service Provider in this respect.
The Artist represents and warrants that;
It is forbidden to place on the Website any Product Models, comments, descriptions, content, or Accounts that, violate any rights of third parties, including the rights of the Service Provider, Artists or Users examples of this are;
It is forbidden for the Artist or User to:
This violation report is related to the points above and should be sent to email@example.com and contain the details of the reporting entity. For example; the full name, email address, address and specify the nature of the violation. For example; if any information on alleged infringement indicates the Product Model or models, comments, descriptions or other content which the report concerns are identified on the Website please provide specific Internet links in Layman's terms. The Service Provider reserves the right to request the Artist or User has proof of all activities related to the source of traffic.
PrArtist is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. PrArtist has a zero tolerance policy for intellectual property rights infringement. We ask our Artists to keep it in mind each time they are uploading content to PrArtist. Artists are required to upload works which do not infringe upon the copyrights, moral rights, publicity rights, privacy rights or any other rights of any person or third party, or violate any law or judicial or governmental order. In simple words, stealing other people's works and passing it as their own is against the law and against what PrArtist stands for.
It is PrArtist policy to respond promptly to any claim that content posted on the PrArtist website infringes the copyright or any other intellectual property infringement of any person.
If you believe that any content or products made available through PrArtist infringes upon your intellectual property rights, you may submit a notice of claimed infringement here.
If a violation report is submitted as referred to above it, should contain at least the details of the reporting entity. For example; the full name, email address and address. The violation should specify the nature of the issue for example; information on any alleged infringement indicating the Product Model or models, comments or comment, descriptions or other content which the report concerns so that they can be identified on the Website by providing specific Internet links and the proof of copyrights. The above report should also confirm that the usage of the Product Model or models on the Website has not been authorised and the violation report is accurate and provided by the authorised person. The above report should contain a handwritten or electronic signature of the reporting entity or its representative, in this case the power of attorney should be attached.
The User under no extent is entitled to reproduce, record, publicly display or otherwise use the Product Models in a way the Service Provider does not agree with.
The Artist or User is obliged, in particular, to;
Any Accounts not used for a period of more than three months from their last login may be removed without notice.
The Artist or User is solely responsible for the acts performed on the Website using a valid Name and Password.
The Artist or User is obliged to immediately notify the Service Provider of any violation of their rights to the Name and Password. Also any case of violation of the principles set out in these Terms and Condition, in particular any violations of the rules relating to the posting of Product Models on the Website.
Not unholding any other rights described in these Terms and Conditions, can result in the Service Provider depriving the Artist or User of his or her right to use of the Website, by blocking or deleting their Account. This may limit their access to part, or all of the resources of the Website and the Services offered through the Website with immediate effect if the Artist or User at any point violates these Terms and Conditions, in particular if the Artist or User decides to;
A natural person who has been deprived of the right to use the Website may not re-register on the Website without the consent of the Service Provider.
In the course of using the Service Provider, the Artist or User is obliged to immediately notify the Service Provider of any irregularities, faults or interruptions in the functioning of the Website and poor quality of the Service.
Any faults, interruptions or anomalies in the functioning of the Service Provider or poor quality may be reported by the Artist or User at the following address; firstname.lastname@example.org.
Through the Website, the Service Provider enables the following; obtaining information about the Website, helping with Registration by the Artist or User and finally filing a complaint.
In the case of any possible non-compliance of the Service with these Terms, the User or Artist may submit a complaint to the following address; email@example.com. The complaint shall be examined by the Service Provider within one month from the delivery of it to the Service Provider. The User will be promptly informed of the results of this procedure.
A complaint may be submitted in writing or by other means of remote communication, including by e-mail, unless prevented by technical capabilities. The Service Provider reserves the right to interfere with the Account of the Artist or User to the extent necessary to correct the disruption or problem in the functioning of the Account or the Website. The date of submission of a complaint is the date of its receipt by the Service Provider.
Any and all Users shall have the possibility to resolve disputes in out-of-court procedure via an EU online platform. Complaints can be submitted in the electronic form available under the following link: http://ec.europa.eu/consumers/odr/.
The Artist agrees to be solely liable for any Product Models they produce. The Artist also agrees to satisfy all claims regarding infringement of the rights or personal rights of third parties associated with making the Product Models available.
The Service Provider shall not be liable for; compliance of Product Models with applicable law, any legal and visible defects of Product Models and errors or flaws contained therein, finally any violation of these Terms and Conditions by Product Models.
The liability of the Service Provider to the Artist is limited to the value of the fee received by the Artist in respect of performance under the Agreement, until the event giving rise to the Artist’s claim against the Service Provider.
The Service Provider does not secure or guarantee any amount of fee to the Artist, or that some other Artist makes a competitive Product available to the Users.
The Service Provider shall not be liable for;
The Artist or User is solely responsible for ensuring technical compatibility between the hardware and IT system used by them in order to use the Service and the Website.
If the posting of a Product Model by the Artist on the Website results in a violation of any law or the rights of third parties, including parties benefiting from the copyrights or related rights or industrial property rights under an authorisation from the Artist or the Service Provider acting in reliance on the statements made by the Artist by accepting these Terms and Conditions, then the Artist shall be required to fully cover the damage suffered by the Service Provider in connection with such a violation.
Any disputes between the Service Provider and the Artist or User shall be settled by courts having jurisdiction over the registered office of the Service Provider.
Deeming any of the provisions of these Terms and Conditions invalid or unenforceable in accordance with the law shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be replaced with a provision which is closest to the objective of the invalid provision and these Terms and Conditions in general.
Any matters not provided for herein as well as any dispute arising out of or in connection with this Terms and Conditions, shall be governed by the laws in force in the territory of the United Kingdom.
The Service Provider reserves the right to change these Terms and Conditions at any time. In this case, the Service Provider shall notify the Artist or User of the change in the body of the message that will be sent to the Account or e-mail of the Artist or User. In the absence of termination of the Agreement by the Artist or User in the manner provided for in these Terms and Conditions within 14 days of receipt of the change notification, such a change shall be deemed accepted.
The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
These Terms and Conditions come into force on 01.06.2020.