Terms and conditions for the use of services

Terms of Use for GetYourArts Platform

Please take the time to thoroughly review these terms and conditions of use and service (the “Terms”). They contain important details regarding your rights and responsibilities as a visitor of Get Your Arts website (the “Site”) and/or our mobile, tablet, and other smart device applications (collectively referred to as the “App”) and the User, including certain limitations and exclusions. These Terms ensure that all interactions on the Platform (as defined below) are conducted securely and transparently. These Terms represent the full agreement between the Parties concerning all related services (the “Services”) at the point the User accesses and makes use of them, unless a separate agreement is made with Get Your Arts. These Terms replace and supersede any prior versions.

The Art sales facilitation process is governed by these Terms and Users can only benefit from Get Your Arts Services if they adhere to the Terms. These Terms may be subject to change, and accordingly the User is advised to refer back to these Terms from time to time and before registering with the Site or the App. Changes will take effect upon posting the updated Terms on the Site or App. Continued use of the Platform constitutes your acceptance of any modifications.

By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue using the Platform. You may also terminate the Contract with us in accordance with Clause 15 (“Term and Termination of the Contract”).

Information about Get Your Arts and the Platform

Get Your Arts serves as a networking platform connecting Users who are seeking to offer their Art for sale with those who wish to offer their venues for exhibiting of such Art and make it available and approachable for clients – potential buyers of such Art. Get Your Arts acts strictly as an intermediary and is not a party to any sales, cooperation, rental and/or other agreements made between Artists and Hosts or Artists and Clients. Get Your Arts does not sell out art through the Site, App, or Services, nor does it engage in any other activities beyond connecting Users for the purpose of displaying and selling Art.

These Terms form a legally binding contract (“Contract”) between you and Get Your Arts, governing your use of the Site, App, and Services. Together, the Site, App, and Services are referred to as the Platform. By using the Services, Users acknowledge that they have received all necessary information and technical specifications. Information on how Get Your Arts collects and uses personal data when you access and use the Platform is available in our Privacy Policy.

By these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the content you create; your right to use this content is conditioned on your compliance with these Terms. You have no other rights in the Services or any content other than your content, and you may not modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the other Services or content in any manner.

Get Your Arts shall be entitled at its own discretion at any time without notice to suspend the Site and/or App, and/or Services (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to the User for any such suspension or unavailability of the Platform (wholly or partly). If you object to any changes to the Platform, your sole recourse will be to cease using them. Continued use of the Platform following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Platform as so modified.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Platform available to you. Whilst we take all reasonable steps available to provide you with a good level of Services, you acknowledge and agree that we do not warrant that the Platform shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Platform as a result of our service providers.

Definitions

For the purposes of these Terms, the following definitions apply:

App – refers to the Get Your Arts application downloaded by Users on their mobile phones (whether Android or iPhone) to use the Services.
Art – refers to any piece of original creation (including reproductions, photos, etc.) reasonably perceived as art, which can be exhibited in the Host’s Venue via the Platform and sold to Clients without encumbrances upon request.
Artist – refers to a User who is the legitimate owner and/or possessor of Art and has the unrestricted right to sell the Art to third parties.
Catalog – refers to the Artist’s advertisement on the Platform containing images and relevant information about their Art.
Client – refers to a natural or legal person wishing to purchase Art displayed in a Venue via the App.
Get Your Arts, we, us or our – refers to GET YOUR ARTS LTD, a private limited liability company incorporated and existing under the laws of the United Kingdom and Wales, registration number 15962046, with the main office at 71-75 Shelton str., Covent Garden, London WC2H 9JQ, United Kingdom, which operates under the brand GET YOUR ARTS.
Host – refers to a natural or legal person owning or managing a Venue and having the legal authority to make decisions and enter into agreements regarding the Venue.
Insurance – refers to the coverage protecting the Art.
Platform – refers collectively to the Site, App, and Services.
Profile – refers to the “My Profile” section on the Site and App where Users provide personal details to access and use the Platform’s functionalities, such as listing or exhibiting Art.
Reservation – refers to a Client’s request to book Art through the Site or the App.
Services – refers to all services provided by Get Your Arts via the Site and the App.
Site – refers to the website enabling access to the Services, located at https://getyourarts.com.
Transaction – refers to the sale of Art to a Client.
User – refers to any natural or legal person, whether an Artist, a Host or a Client, registered on the Platform and bound by these Terms.
Venue – refers to a physical location (e.g., restaurant, café, gallery, hotel, or shopping mall) where Art can be exhibited and made available to Clients.

Platform Purpose and Scope

Get Your Arts serves as a networking platform connecting:

Artists, who list their Art for exhibition and sale;
Hosts, who provide Venues for displaying Art;
Clients, who purchase Art exhibited in Venues.

We act solely as an intermediary and do not:

Sell, rent, or purchase Art directly;
Enter into agreements on behalf of Artists, Hosts, or Clients.

Formation of Contract

Your Contract with Get Your Arts shall commence:

where you are a Site and/or App visitor, upon your visit to the Site or App; or
as User of the Platform, at such time as you activate your registration through the link provided in your Verification Email (as defined below).

Notwithstanding the foregoing, we reserve the right to:

accept or reject your application to register for any reason; and
refuse you access to the Platform (partly or wholly) if you breach any of the provisions hereunder.

Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force:

where you are a Site and/or App visitor, for the duration of your visit to the Site or App; or
where you are a User of the Platform, for the duration in which you continue to use Get Your Arts Services.

Registration, Users Eligibility and Obligations

You may access certain features and elements of the functionalities of the Services as the Site and/or App visitor. In the event you wish to access additional features and functionalities of the Platform, you shall be required to register your details with us as an Artist, Host and/or Client.
To access and use the Platform, Users must meet the eligibility requirements specified below. This ensures that all Users comply with the Terms and maintain the integrity of the Platform’s ecosystem.
You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
Upon the completion and submission of the online registration form on the Site or App, you shall be sent a verification email (the “Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Profile. Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.
You shall keep your registration details for the Site and App (the “Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Site and/or App in the event that we have any reason to believe you have breached any of the provisions set out herein.
During registration, every User must provide accurate and complete information, including:

Full legal name;
Valid email address;
Active phone number;
Physical address;
Payment information.
Other required data as highlighted in the registration form

At the registration all Users must meet the following basic eligibility requirements:

Be at least 18 years old (if natural person or representative of legal person);
Provide verifiable contact and payment information;
Agree to comply with applicable laws and these Terms.

You further agree that at all times, you shall:

not use your Login Details with the intent of impersonating another person;
not allow any other person to use your Login Details;
not use the information presented on or obtained using the Site and/or App or derived from the Services for any purposes other than those expressly set out in these Terms;
not do anything likely to impair, interfere with or damage or cause harm or distress to any person using the Site and/or App or in respect of the network;
comply with all instructions and policies from us from time to time in respect of the Platform;
co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
use the information made available to you on the Site, the App and through the Services at your own risk.

Users must not:

Misrepresent their identity, ownership, or rights over the Art;
by uploading any content to the Site and/or the App, be in violation of or infringe any intellectual property rights (including but not limited to copyright, trade marks, design rights including unregistered design rights, rights in confidential information including know-how and trade secrets, and passing off) belonging to any entity or person;
Use the Platform for unlawful or non-art-related activities.

We may require Users to submit identification documents to verify their eligibility and to facilitate Transactions in a secure way.
Users must immediately notify Get Your Arts in case of unauthorized access or loss of Login Details.

Special Registration and Eligibility Requirements for Artists:

Artists may also provide information about their Art for listing in the Catalog, including title, description, dimensions, style, price and any other required information as may be indicated in the Site and/or the App.
Own or have legal rights to Art to be presented via Site and App.

Artists are required to pay for the slot that they have booked for the duration booked. If the slot is utilized for a duration longer than that initially booked, then there will be a recurring charge at a rate equivalent to the initial booking fees less the handling fees. The venue reserves the right to take down the art at the end of the booked time period.

The venue reserves the right to return the unsold art at the end of the booked period. GYA will use the non-refundable handling fees to book delivery and return the art.
Any refunds made on the booked slots will be less than the financial transaction charges charged by the bank to process the refund.
Any damages must be reported to customer service immediately with the required proof. The claim made cannot exceed the selling price of the artwork,

Step-by-step registration instructions for Artists are available in the guide shown

Special Registration requirements for Venues / Hosts:

Hosts must provide information about their Venue, available slots for Art exhibition and any other required information as may be indicated in the Site and/or the App.
Own or have legal rights to Venue to be listed via Site and App.

Venues / Hosts are required to return the art to the artist at the end of the booking period if unsold. This includes the time period that the slot booking is extended through payment by the artist.

The venue must use the packing materials provided to safely pack the art and hand it to the nominated courier service. The venue must inform customer service that the packed art is ready for collection within 24hours of the sale or the booking slot being expired.

Step-by-step registration instructions for Venues / Hosts are available on the site via a simple guide.

Special Registration requirements for Clients:

The artwork sold is a physical sale and is non-refundable. Please visit the venue to inspect the art before purchase. You can take the packaged artwork home after purchase or ask it to be delivered for free in the UK. We do not offer international deliveries for artwork.

Any damages must be reported to customer service immediately with the required proof. The claim made cannot exceed the selling price of the artwork,

The Venues

The Host must add a Venue to the Site and the App by submitting the information through the form provided in the Site and the App, including available slots for Art exposition at the Venue. Get Your Arts will review the information submitted by the Host. Get Your Arts reserves the right to perform such verification checks that it deems necessary in order to confirm the Host’s legal rights to the Venue. Any subsequent listing of the Venue on the Site and App is at Get Your Arts sole discretion and Get Your Arts reserve the right to refuse Host’s submission for any reason.
Hosts wishing to list slots available for Art exposition at the Venues, must submit it in accordance with Get Your Arts submission guidelines.
Host, as a Venue owner and/or manager, may add information, photos and other material permitted by the Site and the App from time to time in relation to the Venue.
Get Your Arts shall not be responsible for the authenticity and/or accuracy of the material uploaded by the Host to the Site and/or App.
The Host agrees to allow the temporary placement of the Artist’s Art at the Venue(s) listed on the Platform. The placement shall be conducted in accordance with the terms and conditions set forth in these Terms and as specified on the Platform.
The Art shall be placed and remain at the Venue for a fixed duration as determined by the Platform’s default terms, which may be updated periodically, and are binding on both the Artist and the Host (the “Placement Period”). Neither the Artist nor the Host may negotiate or agree upon alternative placement durations outside the Platform’s default terms.
The Host warrants that the Venue is suitable for the placement of the Art and complies with all applicable safety, security, and environmental standards. The Host shall be responsible for maintaining the Venue in a condition that ensures the protection and preservation of the Art during the Placement Period.
Upon the conclusion of the Placement Period, the Host shall facilitate timely and safe return of the Art to the Artist, unless the Art has been sold. Any delay or failure to comply with this requirement may result in penalties as stipulated by these Terms.
The terms governing the placement, duration, and conditions of the Art at the Venue are exclusively dictated by Get Your Arts.

Catalog and Listing of Art

Get Your Arts facilitates only the Catalog listing of Art and does not support the online sale or delivery of Art. Venues may make Reservations for the Art through the Site or the App to hold (book) the Art at the Venue for a specified period, such reservations are subject to Artist’s consent.
Once the Client decides to purchase the Art at the Venue, the Transaction shall be completed physically at the Venue, with payment made through Get Your Arts secure online payment system, and the title to the Art is right away transferred to the Client at the Venue. Transaction in no event shall qualify as on-line sale. Get Your Arts is not responsible for the delivery or shipment of the Art.
Artists wishing to list the Art in the Catalog must submit it in accordance with Get Your Arts submission guidelines.
Get Your Arts reserves the right to review the Catalog and may reject any submission that does not meet its standards or policies. The listing of Art in the Catalog does not constitute an offer for sale, and no online Transaction shall take place.
Get Your Arts does not handle pricing of Art. The price of the Art, if listed, will be provided by the Artist and may be displayed in the Catalog for information purposes.
Artists may remove their Art from the Catalog at any time. Nevertheless the Art may remain available for purchase at the Venue until the Transaction is completed.

Transaction, Delivery and Return of the Art

Get Your Arts acts exclusively as an intermediary to display a Catalog of Art submitted by Artists for potential display in available slots at Host Venues. Art is posted in the Catalog for informational and promotional purposes only.
Clients may purchase the Art exclusively at the Venue, where the Art is physically displayed. Upon purchase, the Client will take possession of the Art directly at the Venue. Transaction shall be completed through Get Your Arts online payment system (i.e., via the App), and funds shall be settled to the designated account. For this purpose, the Client will need to create a Profile on the Site and/or App before the Transaction can take place.
The Client’s purchase is limited to the acquisition of the Art in its current location at the Venue, and no delivery of the Art will occur outside the Venue’s physical premises, unless the Client will order Art delivery as a separate service after purchase of the Art.
Any costs or arrangements for transporting the Art after the Transaction from the Venue shall be the sole responsibility of the Client. Get Your Arts, the Host and the Artist shall bear no liability for transportation or handling of the Art following the completion of the Transaction.
Clients, Artists and/or Venues are responsible for the payment of all appropriate taxes and Insurance costs, and any other applicable fees.
Art cannot be returned after it is purchased. Therefore, the Client is obliged to decide on acquisition of the particular Art before the purchase. Despite that, any requests for the return, exchange, or refund of Art purchased (for whatever reason) by the Client must be handled directly between the Client and the Artist. Get Your Arts and the Host are not responsible for the return or refund of Art and is not a party to any such transaction or agreement.

Users Responsibilities

By using the Platform, the User agrees to:

Use the Platform solely for its intended purpose of facilitating Art sales and/or conclusion of Transactions.
Abide by any agreements he/she enters with other Users (Artists, Hosts, or Clients).

You agree that you are solely responsible and liable for all activities on the Site and App, whether you are a visitor of the Site and/or App or a User of the Platform. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted by email indicated in these Terms.
Artists are responsible for ensuring their Art is free of encumbrances and suitable for sale.
Hosts must ensure their Venues are appropriate for displaying Art and meet any applicable legal requirements.
Clients are responsible for verifying Art details and suitability for their personal purpose before purchase.
Any disputes or disagreements between Users shall be resolved directly between the parties involved. Get Your Arts does not mediate or offer support for such disputes, and Users agree to indemnify, defend, and hold harmless Get Your Arts, its affiliates, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Commercial Terms

The Subscription of the Services

To access and use the Services, the Artist and the Host must subscribe to the Services by completing the subscription process outlined by Get Your Arts (the “Subscription”).
The Artist and the Host agree to pay the applicable slot booking fee associated with the chosen subscription plan which is listed on the Site and in the App (the “Slot Fee”). Applicable Subscription Fee you can find here.
Slot booking lengths are one month and chosen upon purchase.
It is the responsibility of the venue to set the Slot Fees.
GET YOUR ARTS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL OR REMAINING (NOT USED) PERIODS.
The Profile holder acknowledges and agrees that continued access to the Services is contingent upon the timely payment of any recurring Slot booking Fees. Failure to pay the Subscription Fees may result in suspension or termination of access to the Services.
Get Your Arts reserves the right to modify Subscription plans, including fees and features, at its sole discretion. Any changes will be communicated to the Profile holder in advance, and continued use of the Services after such changes constitutes acceptance of the modified terms.

Price of the Art to be received by the Artist:

This has been described in the relevant guides on the site

Get Your Arts Commission:

Get Your Arts charges sales facilitation commission (the “Get Your Arts Commission”) on the final sale price of each Transaction completed via the Platform. Applicable Get Your Arts commission fees you can find here. This commission will be automatically deducted from the amount paid by the Client for the Artist.

Venue Commission:
- The Venue is entitled to Art sales commission (the “Venue Commission”) of the final Transaction price for every Art sold at their Venue. Applicable Venue commission fees you can find here. Venue commission will be deducted from the Artist’s portion of the sale price after the Get Your Arts commission has been applied.

Payment Processing:
- All payments are processed via the Platform. Artists will receive their proceeds, less the Get Your Arts Commission and the Venue Commission, within 5-7 business days from the Transaction.

Taxes and Fees:
- Users are responsible for complying with any applicable tax obligations related to their use of the Platform, including sales, income and/or other taxes.

Role, Obligations and Responsibilities of Get Your Arts

Get Your Arts only provide the User with the Platform and is not responsible for the sale or success of any specific piece of Art.
The User understands that Get Your Arts is not involved or participate, in any way, in respect of any contact, meetings (face-to-face or otherwise) or negotiations between the other Users. Consequently, Get Your Arts shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users.
In addition to the above, Get Your Arts provides networking tools and does not:

Guarantee the quality, legality, or authenticity of Art listed in the Catalog or sold at the Venue;
Ensure the fulfillment of any agreements made between Users;
Provide Insurance for Art or assume liability for damage, loss, or disputes.
- We do not verify and do not have any control in respect of any User and information uploaded by the User to the Site and/or App. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Content (as defined below) or any other information made available to you through your use of the Platform. If you so intend to use and/or rely upon any User Content or any other information made available to you through your use of the Platform, you do so at your own risk and liability.
- Further, the User acknowledges and agrees that where the Site and/or App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Get Your Arts and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
- Get Your Arts will under no circumstances whatsoever be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Consequential or indirect losses;
loss of profits, income or revenue;
loss of savings or anticipated savings, interest or production;
loss of business or business benefits;
loss of contracts;
loss of opportunity or expectations;
loss of goodwill and/or reputation;
loss of marketing and/or public relations time and/or opportunities.

Intellectual Property Rights and Users Indemnity

Get Your Arts and its licensors own all the intellectual property rights relating to the Platform, excluding information uploaded solely by the Users (the “Users Content”). Get Your Arts retains ownership, control and the right to use and provide the Site and/or App and all content on it (including all digital imagery, photographs, text, articles, audio, video and animation files.) The copyright and any other intellectual property rights in any material Get Your Arts provides remain its property.
The Users retain ownership of all their intellectual property rights in the Art. By submitting any Users Content and making it available through the Services, the Users hereby grant Get Your Arts certain rights solely for the purposes of:

operating and providing the Services to you and other users of the Platform, and
promoting, marketing and advertising the Platform. The User hereby grant Get Your Arts a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, with the right to sublicense, to use, copy, publicly display, publicly perform and distribute Users Content.
- Get Your Arts will not make, license, sell, or transfer any rights to make, license, or sell prints, posters, or other fine Art reproductions of the Users Content without separate permission of the Users.
- The visitors of the Site and/or App and the Users are expressly prohibited from:
reproducing, copying, editing, transmitting, uploading, or incorporating into any other materials any content from the Site, including, without limitation, any information, articles, photographs, images, or submissions made available through the use of the Platform; and
removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Get Your Arts and/or its licensors, and doing anything which may be seen to take unfair advantage of Get Your Arts reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Get Your Arts and/or its licensors.
- Provided that Get Your Arts is not obligated to review the displayed Users Content and is unaware of any infringement of any third party intellectual property rights at the time the Users submit any Users Content, Get Your Arts shall not be liable in any way to any third party for any breach of such rights subsequently notified to that third party or Get Your Arts. Nevertheless, Get Your Arts have the right to review and check on the Users Content for the purpose to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Get Your Arts reserve the right, but is not obligated, to remove or disable access to any Users Content, at any time and without notice, including, but not limited to, if Get Your Arts, at its sole discretion, consider any Users Content to be objectionable or in violation of these Terms or the law.
- The Users shall indemnify and keep Get Your Arts and its respective employees, officers, directors, licensees and agents harmless from and against and losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred as a result of or in connection with, whether directly or indirectly any action, demand, claim or proceedings that the use or possession of the Users Content (or any part thereof) infringes or allegedly infringes the intellectual property rights of any third party (the “Claim”).
- Get Your Arts may, at its option, give the User control of the defence of the Claim and any related settlement negotiations and provide the User (at his/her expense) with reasonable assistance in the User’s conduct of such defence or negotiations.
- The User will not, in defence or settlement of any Claim, agree to any payment, compensation, settlement or compromise of the relevant Claim or settle any Claim in a manner that admits guilt or otherwise prejudices Get Your Arts or consent to the entry of any judgement or enter into any settlement which does not include an unconditional term releasing Get Your Arts from all liability under the Claim without Get Your Arts prior written consent.

Privacy and Data Usage

We are committed to protecting your privacy. Please refer to our Privacy Policy for details on how we collect, use, and store your data when you use the Platform.

Geo-location terms

The Services include and make use of certain functionality and services provided by third- parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”).
Your use of the Geo- Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html (http://www.google.com/intl/en_us/help/terms_maps.html)) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Term and Termination of the Contract

These Terms will become effective and binding when you visit the Site and/or App, use the Platform as a User, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site and/or App.
As a User, you may terminate the Contract with Get Your Arts at any time by contacting us at [email] to delete your Profile.
We may terminate the Contract at any time and for any reason by providing 7 (seven) days’ notice to you in writing or by email.
We may suspend your access to the Platform and terminate your Contract at any time and without notice to you if you breach the Terms or if:

the third party services and network providers cease to make the third party service or network available to us;
we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;

we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Platform (in whole or in part);

we believe that you have provided us with any false, inaccurate or misleading information.
- Upon termination of your Contract with us as a User of the Platform, you shall continue to have access to the Site and App as a visitor.

Governing Law and Dispute Resolution

These Terms are governed by the laws of England and Wales. Any disputes will be resolved through competent courts within the jurisdiction specified by Get Your Arts.

Contact Information

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to these Terms.

You can reach us at:

Email: customerservice@getyourarts.com;

Effective as of [January] [06], 2025.

Terms and conditions for the use of services

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