User Agreement

Artvast llc., (“Artvast,” “artvast.com,” “We”, “Our” or “Us”),  including our third party affiliates, are a network which provides a service for the buying and selling of artwork and related physical goods and services through the website (“Site”) www.artvast.com.

(“Content”, “User Content”) may refer to Artvast proprietary material, member content, seller content or material, original art, text, graphics, images, software, music, audio, video and other information.

The following terms and conditions constitute a binding legal agreement between you and Artvast and govern your access to and use of the Site.

Your use of this Site indicates that you have read, understood and agree to be bound by the Terms of Use (“Terms”). If you do not agree to these Terms you have no right to access or use the Site.

If you accept or agree to these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or legal entity.

Artvast reserves the right, at its sole discretion, to modify, discontinue or terminate this Site or Services or to modify these Terms of Service without notice. Notice of modifications to these Terms will be posted on the Site or provided to registered users. By continuing to use the Site after a modification, you agree to be bound by the modified Terms. If you do not agree to the modified terms you must cease using the Site.

Privacy

We respect our User’s privacy. Please see our policy at www.artvast.com/privacy for information on how we use the Personal Information provided to us by our Users. Users are responsible for the accuracy of their information.


Use of the Site

The Artvast Site is intended for persons who are 18 and older. By using the Site you represent and warrant that you are 18 years of age or older. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited.


Registration

If you choose to register an account on the Site, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. You are responsible for maintaining the confidentiality of Your password. Artvast  reserves the right to terminate Your account or otherwise deny account access at It’s sole discretion for any reason at any time without notice and without liability. Accounts are void where prohibited by law.

Interruptions in service or mistakes may cause inaccuracies to appear on the Site. The Site or parts of the Site my shut down from time to time either temporary or completely at any time for any reason. Under no circumstances will Artvast be held liable for any damages due to interruptions in service or lack of availability.


Ownership

The Site is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Artvast llc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and /or information on the Site unless otherwise indicated. Artvast and its licensors own all right, title and interest in the Site and Services including all associated intellectual property rights.

Use of this Site does not grant you license to any Content on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content in whole or in part.


Selling on the Site

This Site includes services that allow sellers of (“Original Art”), to upload images and information (“User Content”). If you choose to provide User Content to the Site you hereby grant Us and our authorized 3rd party affiliates (link to info), worldwide, transferable, non-exclusive, royalty-free license and sublicense to use, reproduce, distribute, crop, resize, create derivative works from or otherwise alter and publicly display copies of the User Content, (including any names, likenesses or trademarks within the User Content), in any form, media or technology that exists or will exist, for the purpose of promoting Artvast, the Site, the Artist or User and User Content.

You warrant that you have all the necessary rights to grant Us this license and that any and all User Content provided by you does not violate any third party rights including but not limited to copyright, moral, trademark, privacy or publicity rights and waive any such claims arising from the use of such User Content.

Compensation for these license rights will be in the form of revenue sharing (link to info), which is payable upon the sale of your Original Art through the Site or online sales. This amount is determined by percentages outlined in accordance with Our standard pricing and commission terms under our revenue sharing policy (link to info), after confirmation of receipt and customer satisfaction according to Our Return Policy (link to info). You also agree to comply with the terms of Our Return Policy that are applicable to any Original Art sold through the Site or online sales.

Requested commission payouts will be paid according to Artvast’s designated payment schedule. Upon the cancellation or termination of your account, any remaining balance existing will be remitted.


Order Cancellations

Artvast reserves the right at its sole discretion, to cancel any order made from the Site if it is determined that the item was mispriced, no longer in stock, discontinued or no longer available at the price listed on the Site. If your order is cancelled you will be notified by email and your order refunded.  


Transaction Restrictions

Transactions for works of art between members independent of the Site is prohibited.


Artvast Proprietary Content

Content is made available on the Site, some of which is proprietary (“Proprietary Content”) and some which is made available under license by a third party (“Licensed Content”). Users are authorized to download, view and print Proprietary Content solely for personal use. Licensed or User Content may be downloaded and used solely for the purpose of promoting Artvast, the Site, Users or Artists and/or User Content. Any other use without prior written consent is prohibited.


Restrictions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    5. is violent or threatening or promotes violence or actions that are threatening to any other person;
    6. harms minors in any way;
    7. promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site, Artvast’s  name, any Artvast trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;
  • Access, tamper with, or use private areas of the Site, Our computer systems, or the technical delivery systems of Our providers;
  • Attempt to probe, scan or test the vulnerability of the Site or network or breach any security or authentication measures;
  • Circumvent or tamper with in any way, any technological measure implemented by Artvast or or any other third party (including another user) to protect the Site;
  • Attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Artvast or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
  • Attempt to reverse engineer any of the software used to provide the Artvast website.
  • Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; 
  • Collect or store any personally identifiable information from other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable laws or regulations or encourage or enable any other individuals to do the same.


We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Arvast will cooperate with law enforcement authorities in prosecuting users who violate these Terms.

We reserve the right at anytime and without notice, to remove or disable Content, that we at our sole discretion, consider to be objectionable, harmful or in violation of these Terms.

Use any meta tags or other hidden text or metadata utilizing the Artvast name, logo or URL without Our express written consent;

Use the Site for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;


Termination of Use

We reserve the right to suspend, revoke or otherwise restrict access to the site, to anyone at anytime, with or without cause. If your account is suspended with cause or due to a breach of any of these Terms, you will continue to be liable for any deficits remaining on the account. You may cancel your account at anytime by writing help@artvast.com.


Copyright

Artvast respects copyright law and expects its users to do the same.
If you believe your copyrighted work has been copied please write us at service@artvast.com.


General Disclaimers


Payment Services

We use Paypal merchant services as our third party service provider for payment services including credit card acceptance and merchant settlement. By using this payment service in connection with the Site, you agree to be bound by Paypal’s Terms of Use and Privacy Policy and consent to authorize us to share the Personal Information you provide us, as defined in our Privacy Policy, to the extent required to process payments and settlements.


Mobile Application

Our mobile application is provided through Art Beamer, a third party service provider which allows the virtual display of art content. By downloading and using this app, you agree to be bound by Art Beamer’s Terms of Use and Privacy Policy.


International Use

This site is operated and controlled from our offices within the United States. The content published on the Site may not be appropriate or available for use in all locations and jurisdictions. Users who access the Site outside of the United States are responsible for compliance with local laws where applicable. You agree to abide by all applicable laws regarding the transmission of data in any form to and from the United States or the country in which you access the Site.


Warranty Disclaimer

You acknowledge and agree that the Site, including without limitation, all content, functionality and services, is provided “as-is,” without warranty of any kind either expressed or implied including without limitation, any warranty for information, data, data processing services or uninterrupted access, availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Artvast does not warrant that the Site or function, content or services will be made timely, secure, uninterrupted or error free or that defects will be corrected. Artvast makes no warranty that the site will meet User’s needs, expectations or requirements. No verbal or written communication between Artvast and you shall create any warranty not expressly made herein. If you are dissatisfied with the Terms of Use or of the Site, your only course of action is to discontinue using the Site.

Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and your own risk. You will be solely responsible for any damage that results from the download of any such content.

Artvast does not endorse or warrant any products or services offered or provided by third parties. Artvast does not monitor any transactions between users and third parties without direct involvement.

You acknowledge and agree to assume all risk arising from the Use of the Site and Content to the maximum extent of the law. Artvast and any associated party involved in creating, producing, or providing content on the Site will not be liable for any incidental, special, exemplary, or consequential damages including lost profits, loss of data or loss of service, computer damage or system failure or the cost of substitute products or services or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Use of the Site, Services and content.


Limitation of Liability

In no event shall Artvast including its directors, officers, members, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates, vendors, contractors, galleries, artists, institutions, representatives, content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or related to the Use of, or inability to use the Site and Services including without limitation, loss of revenue or anticipated profits, lost business, data including personal and account information, or sales, or cost of substitute services within the maximum extent permitted by law.


Legal Jurisdiction

This Terms of Use Agreement shall be governed by the laws of the State of Colorado, without regard to the conflicts of laws provisions therein. Your use of this Site and Services may be subject to other local, state, national and international laws. You agree that exclusive jurisdiction for resolving any claim or dispute with Artvast relating in any way to your use of the Site resides in the state and federal courts of Colorado, and you further agree and consent to the exercise of personal jurisdiction in the state and federal courts of Colorado.

These Terms constitute the entire agreement between you and Artvast and govern your Use of the Site. You may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between Artvast and you as a result of this Agreement or your Use of the Site or Services.

You may not assign the Terms or any of your rights or obligation under the Terms without or express written consent. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such a right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforcible, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in full force and effect.


Contact

If you have any questions or concerns in connection with these Terms or Use of the Site or to provide any notice under this agreement, write us at legal@artvast.com.


Returns

To request a return, contact us by email here: returns@artvast.com

Please put “Return” in the subject line with your order number.

  • Requests must be made within 30 days from the delivery date as confirmed by the shipping company.
  • If your item/s were damaged during shipment, a return request must be made within 3 days for replacement.
  • Once we receive your request you will be issued a prepaid return address label.
  • Return the art along with all other items within the original packaging with the return label affixed.
  • The return package can either be dropped off at an approved shipping location or picked up by the carrier.