1. JOIN ARTONLINENOW
1.1. Once registered as a member of ARTONLINENOW, the Artist will be able to upload original works of art ("original works of art") as well as the images with the technical conditions that are indicated here of his own creation or about which he owns the intellectual property rights and / or sale and / or digital printing, for the purpose of exhibition or exhibition and sale. To this end, it will have to fill in the data requested in each case on the Work to be exhibited and / or sold and / or printed.
1.2. The information regarding each work must be accurate and complete and comply with the content guidelines available at artonlinenow.com. ARTONLINENOW reserves the right to edit the information of the works to ensure that they comply with these guidelines. Artists undergo a phase of previous moderation and curating, so that the Works uploaded will not be visible or likely to be searched within a period of up to 7 calendar days. ARTONLINENOW reserves the right, in its sole discretion, to publish to an Artist, all or part of his work or to withdraw a previously approved work without having to justify his decision, exempting the Artist from ARTONLINENOW from any responsibility for this reason.
1.3. ARTONLINENOW reserves the right to promote and commercialize original works of art and / or digital prints by way of special sales or discounts. The amount of the discount will be applied to the sale price of the original works of art and / or digital prints.
1.4. In no case, the Artist may exhibit and / or put on sale works of art that are not the author or owner of the duly credited rights. Violation of this obligation will entail the removal of the images from the original works of the website as well as the immediate dismissal of the Artist as a member of ARTONLINENOW. Likewise, the Artist allows, without any limitation, that ARTONLINENOW, in its sole discretion and without need of justification, remove the works on display and / or sale of the website, waiving any claim for damages that may correspond. ARTONLINENOW reserves all actions against the Artist that has uploaded false material or that is not its author or holder of the intellectual property rights of all kinds.
2. SELL IN ARTONLINENOW
2.1. Through the upload and / or digital prints of Works by the Artist this designates ARTONLINENOW as an independent non-exclusive distributor with the right to resell such original works of art through the Website. To this end, the Artist grants ARTONLINENOW a worldwide license, transferable, non-exclusive, and entitled to sublicense in the following terms: (i) use, reproduce, distribute, publicly perform and publicly display copies of the work original through online sales channels; and (ii) access, view, use, trim, copy, distribute, license, publicly display, publicly perform, and transmit images and copies of the original work of art in any form, medium or technology now known or subsequently developed with the purpose of promoting ARTONLINENOW, the Site and Services. The Artist acknowledges and accepts that the foregoing license rights are granted free of charge and that his only compensation for the granting of such rights, if any, will be offset by the exhibition of the work at ARTONLINENOW and participation, if applicable , in the income that the sale of Works in ARTONLINENOW generates to him.
2.2. ARTONLINENOW may designate one or more subcontractors who may exercise prior license rights in order to enable you to process and fulfill digital print orders.
2.3. ARTONLINENOW will invoice the original works of art and printed works acquired through online sales channels. To that end, ARTONLINENOW and / or its third party service providers will process and receive payment for the works and will manage the collection of the work and its final transport to the buyer.
2.4. The Artist will be responsible for the delivery of the original artwork to the carrier for shipment to the buyer. The Artist agrees to prepare the work for the collection according to the instructions of the packing guide in the footer of the web, and to make available to the carrier the original work acquired by the buyer as soon as possible and always within the following seven days to the date of purchase (the Shipping Period). If you do not do so within the aforementioned period, the sale may be canceled by the buyer. The Artist is responsible for providing the exact or approximate weight of the shipment, the dimensions of the work packed and the collection address. ARTONLINENOW reserves the right to deduct the increase in the shipping costs of the Artist's liquidation if the weight, dimensions or the direction of collection vary or are different from those provided by the Artist. The Artist agrees to comply with the packaging rules of ARTONLINENOW that are contained in the footer of the web. Failure to comply with these rules may result in a penalty equal to the price of the work sold in case of a claim or return by the buyer. In addition, such breach may exclude full insurance coverage of the shipment.
2.5. ARTONLINENOW will be responsible for billing and processing payments made by the customer. In the case of the original works, ARTONLINENOW will be able to invoice the buyers under the special regime of used goods and objects of art. Once the refund period defined in the purchase conditions has expired and provided the payment has been received according to and has not been refused by the customer, the Artist will issue to ARTONLINENOW an invoice for each original work sold for 65% of the price of sale TAX excluded, to which the TAX will be applied that in each case corresponds, liquidating the result in the current account that the Artist indicates. In the case of digital prints, the artist will automatically be informed of the sales of his images for which he will receive 5% of the sales price (included TAXES). ARTONLINENOW will pay the corresponding rights to the artists monthly.
3. RESPONSIBILITY FOR THE WORK ASCENDED FOR EXHIBITION, SALE AND / OR REPRODUCTION
3.1. The Artist expresses, recognizes and accepts that he is the sole author and / or owner of the copyright on all original works of art and works for reproduction that he makes available through the web and that has the rights of public distribution and / or reproduction. Consequently, the Artist guarantees that: (1) in respect of the original works of art made available through the web, he is the creator, the exclusive owner as well as the sole and exclusive owner of all property rights about them; (2) with respect to those intended for reproduction which are made available through the site, is the creator as well as the sole and exclusive holder of all intellectual property rights thereon, counting, if applicable, with all rights, licenses, consents and permits that are necessary to grant ARTONLINENOW the possibility of reproducing them; and that (3) none of the works made available through the Site as well as its exploitation in the terms contemplated in these conditions infringe or violate patents, copyrights, trademarks, infringe privacy, breach confidentiality agreements , or other intellectual property rights or publicity or privacy, or any applicable law or regulation.
3.2. THE ARTIST shall hold ARTONLINENOW harmless against any third party claim that may arise against it for violation of intellectual or industrial property rights, for the use of any material necessary for the provision of the services subject to this Agreement. In the case of claims against ARTONLINENOW for infringement of industrial property right or intellectual property right, THE ARTIST shall bear the costs of defending the litigation and all damages for which it is finally condemned firmly or have been caused to ARTONLINENOW, all provided that ARTONLINENOW has notified THE ARTIST of the existence of such claim.
3.3. THE ARTIST understands that the on-line sale entails the possibility of the buyer to refuse the purchase without reason within 14 days from receipt, and accepts that such returned works will not be subject to liquidation. Likewise, those works sold through artonlinenow.com that are returned by buyers due to problems in the quality of the work, state of conservation, lack of correspondence between the image exposed on the web and the work submitted, or the poor condition of the work due to improper handling or packaging will not be subject to remuneration or liquidation. In this sense, ARTONLINENOW will withhold from the liquidations made the expenses that the aforesaid returns of all kinds cause him. THE ARTIST accepts in this act that ARTONLINENOW proceeds to compensate those expenses in the liquidations that it practices to him.
4. PROTECTION OF DATA
4.1. The personal data provided by ARTONLINENOW to the ARTIST for the management of the consignments, will be those strictly necessary for the sending of the Work as well as for its invoicing, must be applied or used solely and exclusively for the fulfillment of these ends and treated as to the instructions of ARTONLINENOW, and can not be assigned or delivered to third parties under any title, not even for the purpose of mere conservation.
4.2. The Artist shall adopt the necessary technical and organizational measures in each country to protect personal data and prevent unauthorized alteration, loss, processing or access, taking into account the state of the technology, the nature of the data supplied and the risks to which they are exposed, whether arising from human action or the physical or natural environment.
4.3. In the processing of personal data that THE ARTIST receives from ARTONLINENOW for the performance of this contract, the latter must follow the instructions of the latter. Once the rendering of the services and / or works that are the object of this Contract has been completed, the Artist must return the data of a personal nature to be processed that are not necessary for its billing management and tax declarations. In cases where such return is not possible or is very technically heavy, the data affected, as well as any support or documentation in which there is some personal data, must be destroyed by a process with the maximum guarantees, without keeping a copy any of the same and without any external person, physical or legal, has knowledge of the data, THE ARTIST must certify these circumstances to ARTONLINENOW.
4.4. THE ARTIST assumes the responsibility that the personal data will be processed only by those employees whose intervention is precise for the provision of the services and / or works that are the object of the Contract, and must collect from them the corresponding confidentiality commitment.
4.5. THE ARTIST will consent to any audits deemed necessary to perform ARTONLINENOW in the files containing the personal data delivered.
4.6. THE ARTIST shall be liable for any penalties, fines or claims for damages arising out of breach of the foregoing and shall indemnify ARTONLINENOW from the amounts that it would have had to pay for, including legal, extrajudicial, and costs that the defense of ARTONLINENOW ocasionare. All this regardless of whether such breach is considered a cause of termination of Contract.
4.7. The ARTIST's failure to comply with the obligations set forth in this clause is grounds for immediate dismissal from the platform of artonlinenow.com, without prejudice to the compensation for damages that would have occurred in accordance with the provisions of the previous section and without prejudice to any penalties that may have been established for such breach.
5. PROMOTIONAL DISCOUNTS
On certain occasions, artonlinenow.com carries out different promotional offers as an incentive for new and recurrent customers to explore and purchase the original works available on our website. We believe that offering promotional discounts from time to time allows our artists to obtain attention and presence among our users, and the possibility of possible future purchases.
The discount codes we usually offer our users range from 5-20% for original works. We do not offer discounts to users for digital prints. We also have exclusive services to professionals, and the discount we offer for this sector is 15%.
If you sell an original work of art, and there is a discount in effect, artonlinenow.com will assume 50% of the discount, and the artist will assume the other 50%. It is important to remember that the commission for artonlinenow.com amounts to 35%, so even if a discount is offered to the user, the artist will earn more than if he sells through any gallery.
Also, once the artist registers on our website, he is accepting the terms and conditions of sale, which include the information contained in this document.
Artonlinenow.com reserves the right to promote and promote original works of art through the use of discounts, which will be applied through a code provided to the customer, which can be exchanged when processing the order.
From artonlinenow.com we want to thank you for your understanding and help to promote the art among our users! Without you artists, this would not be possible.