Terms of Use
1. Acceptance of Terms
Welcome to the Terms of Use page for Artexpo New York & Art Market Tools (AMT). Artexpo New York and AMT provide their website (“Site”), related services and social media platforms subject to the following Terms of Use (“Terms”). Artexpo New York and AMT reserve the right to change these Terms from time to time without notice to you by posting new Terms of Use on the Artexpo New York and AMT websites. Please refer to the Terms of Use periodically for any changes. By continuing to use the Artexpo New York and/or AMT sites, you are indicating your consent to be bound by these Terms and all revisions thereof.
2. Eligibility
Artexpo New York & AMT will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use Artexpo New York & AMT only under the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Artexpo New York and AMT are not intended for children under the age of 13. By using the Artexpo New York & AMT Sites, you represent that you are 18 years or older, or between 13 and 18 years old and your parents or legal guardian consent to the Terms.
3. Proprietary Rights
By submitting your images, artwork and personal information (collectively referred to as “Personal Info”) to Artexpo New York & AMT, you acknowledge and agree that the content (“Content”) on the Site, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Artexpo New York & AMT, their advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. By submitting any Personal Info to the site you warrant that you are the exclusive owner of such Personal Info free and clear of any claim of any nature including without limitation any claim of copyright/trademark infringement.
You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, upload, download, post, email, sell, or otherwise use or distribute any Content available through the Site including code and software, in violation of applicable proprietary rights, and copyright and other intellectual property laws.
You will retain ownership of your Personal Info that you upload to Artexpo New York & AMT. You hereby grant to Artexpo New York & AMT a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Personal Info as Artexpo New York & AMT deem necessary to enable you to use their Sites or services to publicly display, sell, distribute and purchase products for so long as your Personal Info remains uploaded to the site. Artexpo New York & AMT may sublicense the proprietary rights that you grant to Artexpo New York & AMT to a third party subcontractor for the purposes of producing your products and providing services. Upon cancellation of your account and removal of your Personal Info, Artexpo New York & AMT shall no longer maintain these rights. Our right to reproduce your artwork for sale to the public is completely contingent on your participation on our website. When you delete your account, which you may do for any reason and without penalty, we no longer have said rights to reproduce and sell artwork on your behalf.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws. You agree not to modify, rent, lease, loan, sell, distribute, or otherwise use the Site and/or Software, in whole or in part.
The intellectual property rights in or relating to the Personal Info of any postings to your account which you submit will automatically be deemed to be assigned and licensed by you to Artexpo New York & AMT upon their submission to our Site, and Artexpo New York & AMT shall be entitled to use, edit and publish the information which may include information about your gallery, your biography, comments or any other information which you have provided. Artexpo New York & AMT reserve the right in their sole discretion to delete your Personal Info, including without limitation, any artwork, text, comments and other imagery which it deems to be vulgar or otherwise inappropriate for the site.
4. Copyright
All Content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Artexpo New York & AMT or their content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Artexpo New York & AMT is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Artexpo New York & AMT and are protected by U.S. and international copyright laws. All software used on the Site is the property of Artexpo New York & AMT or its software suppliers and is protected by United States and international copyright laws.
5. Copyright/Trademark Compliance & Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our Site, but rather we purchase or license products from third party suppliers that claim to have sufficient rights to allow us to display and sell the products on the Site.
Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the Site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by writing us at:
Art Market Tools
Attention: Legal Department
123 N Main St.
Fairfield, Iowa 52556
Fax: (641) 209-3633
Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed. When notifying us, please include detail of the manner and circumstances under which you believe that any infringement has occurred.
6. No Guaranty That Sales Of Artwork Will Be Made/Indemnification
Posting of your Personal Info on the Sites does not insure that any sales of any product will occur and Artexpo New York and AMT do not guaranty that any sales of your product will occur. In the event of any breach by you of these Terms of Use, including without limitation any breach of the representations you make, you agree to indemnify and hold Artexpo New York and AMT harmless from and against any and all liability, expense and loss suffered by Artexpo New York and/or AMT resulting from such breach.
7. Shipping Artwork to AMT and Risk of Loss
The AMT MQ Fine Art Reproduction™ museum quality capturing and printing program requires that artists to ship their artworks to AMT’s state-of-the-art digital capturing facility in Fairfield, IA. The risk of loss to your artwork during shipping is the responsibility of the artist. However, AMT will reimburse the artist for ANY DAMAGE, LOSS OR CASUALTY TO YOUR ARTWORK DURING SHIPPING up to a maximum of $10,000. THE RISK OF LOSS IN EXCESS OF $10,000 DURING SHIPPING SHALL BE BORNE BY THE ARTIST. As a result, in order to protect you and your artwork, AMT recommends that IF THE VALUE OF YOUR ARTWORK EXCEEDS $10,000 THAT YOU ACQUIRE ADDITIONAL INSURANCE FROM FEDERAL EXPRESS TO insure your artwork during shipping so that should any damage occur during shipping, you are covered for any financial loss resulting from the damage.
When shipping your artwork to AMT you should insure it for the value you place on your work. We recommend that you check with your shipper to determine that your artwork is insured for its full value. It is your responsibility to obtain insurance coverage which adequately protects you.
When your artwork is received at the AMT facility in Fairfield, IA, it will be insured under AMT’s insurance up to a maximum of $10,000.0
If you choose to have you artwork returned to you, AMT will pay for insurance with the shipper UP TO $10,000 to cover any damage occurring during shipment back to you. HOWEVER, THE RISK OF LOSS TO YOUR ARTWORK DURING SHIPMENT BY AMT TO YOU WILL BE BORNE BY YOU AND NOT BY AMT.
