ArtistNY.com

TERMS OF USE

Last Updated Date: January 23, 2017

Thank you for visiting ArtistNY.com (the “Site”) owned and operated by The ATSI, Inc. (“ArtistNY”). Your use of the Site indicates that you have read, understood and agree to these terms of use (“Terms”). If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

ATSI Inc. (“ArtistNY,” “we” or “our”) provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the “Services”) through our website, accessible at www.artistny.com (the “Site”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.artistny.com/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and ATSI Inc.

Use of the Site

ArtistNY provides you with access to and use of the Site subject to your compliance with the Terms and the Site’s Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are our property or that of our artists, galleries, partners, or licensors and are protected by patent, trademark and/or copyright under United Statest and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and 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 other legal entity.

Your Account and Access

The Site is available to users 18 years and older, who have not been suspended or removed by ArtistNY for any reason. You represent that you are not a person barred from receiving services under the laws of United States or other applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content it its sole discretion for any reason at any time including as a result of a violation of these Terms of Use, without notice. Accounts are void where prohibited by law.

You will need to register for an ArtistNY account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.

The permission we give you to register for an ArtistNY account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your ArtistNY account, or any access to or use of our Services, to any third party.

Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.

You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent:

ArtistNY
Email: help@artistny.com
If you become aware that Material appears on this site in violation of a copyright please notify us by email at help@artistny.com

Security Rules

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging into a server or account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

You are responsible for any User Content uploaded by you or on your behalf to the site. By “User Content” we mean any content you submit to ArtistNY to be published on The Site, including but not limited to image uploads, reviews, comments, captions, participating in forums and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content at our sole discretion. You understand that once you submit User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit it to the Site.

If we allow you to upload User Content, you may not:

Provide User Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right; forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate anyone else or lie about your affiliation with another person or entity in your User Content;

use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates.

Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.
Buying from ArtistNY

ArtistNY is not responsible for determining the value, authenticity and the condition of the artworks. ArtistNY uploads artwork, artist & gallery information submitted by its partners and buyers who buy from The Site are solely responsible for the due diligence required in purchasing artworks.
ArtistNY is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature.
You acknowledge and agree that ArtistNY may receive a commission from transactions on this site.

As between you and ArtistNY (or other company whose marks appear on the Site), ArtistNY (or the respective company) 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.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ArtistNY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY 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 RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ArtistNY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ArtistNY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF ARTISTNY.
LIMITATION OF LIABILITY

IN NO EVENT SHALL ArtistNY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ArtistNY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ArtistNY OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF ArtistNY.

Modification

We reserve the right, as part of this type of transaction or event, to transfer or assign your information and other information we have collected from users of the Service to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity or acquirer, as applicable.

ArtistNY reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 
Purchases of Original Works of Art

As a registered member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from ArtistNY and not from the Member identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. ArtistNY and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of ArtistNY then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed by other Members on the Site. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site and Services, ArtistNY and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of ArtistNY then-current Return Policy apply to any Printed Works that you purchase through the Site and Services. When you purchase Printed Works via Online Sales (other than via the Site and Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels which will be presented to you at the time of purchase.

Order Cancellations

ArtistNY reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if ArtistNY determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If ArtistNY cancels an order placed via the Site and Services, ArtistNY will send you an email confirmation of such cancellation and you will not be charged for your order.

Transaction Restrictions

If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works and/or Printed Works, you acknowledge that ArtistNY will withhold the Taxes required to be withheld from the payments ArtistNY makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.
Commissions will be paid as follows:

For an Artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original or Prints.
For an Artist living outside the United States, a W8BEN Tax Form must be filled out for Originals and Prints. A W8BEN with an ITIN (Individual Taxpayer Identification Number) should be filled out for Prints. If an ITIN number is not provided, ArtistNY will automatically withold at the maximum US Tax Rate. Funds will be sent to the United States Tax Office on your behalf.

Color

You understand and agree that ArtistNY uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, ArtistNY is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
Contacting ArtistNY

You agree that the laws of United States excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with ArtistNY relating in any way to your use of the Site resides in the state of United States and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of United States. In addition, you expressly waive any right to a trial in any legal proceeding against United States its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

The Terms constitute the entire agreement between you and ArtistNY and govern your use of the Site, superseding any prior agreements between you and ArtistNY. You also 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 ArtistNY and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to ArtistNY or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of ArtistNY successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms, please contact ArtistNY at info@ArtistNY.com

© Copyright 2017 by ArtistNY ATSI, Inc All rights reserved.