Artist/Seller Terms and Conditions
- Listing Works on the Site
As a registered artist, you may submit listings for original works of art (including paintings, drawings, ceramics, sculpture and photography)or digital images that you have created that you would like Barewall to sell on your behalf including the promotion and possible sale through the use of the internet as outlined in the terms below.
You may not submit listings for original art or digital images that were created by another artist.
In order for your listings to be accepted, you must provide Barewall with all the information requested and you must comply with any other requirements as identified.
Barewall reserves the right to edit any listings to ensure that they comply with the terms and requirements of listings. You acknowledge that your listings may not be immediately searchable. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Barewall reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site.
- Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original
Works of Art and Digital Works that you make available through the Site and
Services. Accordingly, you represent and warrant that: (i)as to Original
Works of Art that you make available through the Site and Services, you are
the creator of all such Original Works of Arts and you are the sole and exclusive
owner of all such Original Works of Art; (ii) as to Digital Works that you
make available through the Site and Services, you are either the sole and
exclusive owner of all such Digital Works or you have all rights, licenses,
consents and releases that are necessary to grant to Barewall the rights
in such Digital Works as contemplated under these Terms; and (iii)neither
the Original Works of Art nor Digital Works that you make available through
the Site and Services nor Barewall`s use and exploitation thereof as contemplated
under these Terms will infringe, misappropriate or violate a third party`s
patent, copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy, or result in the violation
of any applicable law or regulation.
In an incidence of theft, loss or damage whilst being held by Barewall, the repayment value of the artwork will be determined independently by Barewall’s insurance company, not by Barewall or the artist.
- Online Sales
If you submit listings for work, you hereby appoint Barewall as an independent
non-exclusive reseller with the right to resell such work through the Site
and Services and on third party websites (collectively “Online Sales”)
and you hereby grant Barewall a worldwide, transferable, nonexclusive, right
and license, with a right to sublicense, to: (i) use, reproduce, distribute,
publicly perform and publicly display copies of the work via Online Sales
channels; and (ii) access, view, use, crop, resize, copy, distribute, license,
publicly display, publicly perform, transmit and broadcast copies of the
work in any form, medium or technology now known or later developed for the
purpose of promoting Barewall, the Site and the Services. You acknowledge
and agree that the foregoing license rights are granted on a royalty-free
basis and that your sole compensation for the grant of such license rights,
if any, will be in the form of the Artist Revenue Share (defined below),
which is payable only upon the sale of work via Barewall.
Barewall and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites, the applicable third party website will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Barewall and the third party website.
- Shipping Arrangements
For orders accepted, Barewall will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Barewall, you will be responsible for shipping the work purchased directly to the purchaser.
You agree to ship the purchased item to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased item to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. The cost of the shipping is applied on the listing of work to the site and will be collected from the Customer on placing the order. You are responsible for providing accurate shipping costs. In the event that Barewall sends the item on your behalf and if actual shipping cost varies from the information provided by you, Barewall reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you send the item and you pay for the cost of shipping yourself, Barewall will reimburse you for the amount you paid, up to the amount that Barewall or the third party website charged the purchaser for shipping.
You agree to cover the costs of shipping of artwork to Barewall at the request of Barewall for the purpose of exhibiting, private viewings or the free collection service offered to customers.
- Artists Payments and Revenue Share
For sales of work, Barewall will credit your Account in an amount to be determined in accordance with Barewall’s then-current standard pricing and commission terms, subject to Barewall’s receipt of confirmation of delivery to the purchaser, Barewall will credit your Account with the corresponding Artist Revenue Share 30 days following the expiration of the return period and for sales of work via third party websites or our offline sales channels, Barewall will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the item has been confirmed to have been successfully delivered to the purchaser, as determined by Barewall, in its sole discretion.
You agree to comply with the terms and conditions of Barewalls then-current
Terms and Conditions including the Return Policy that are applicable to any
items that are sold through the Site and Services.
You grant permission to Barewall to sell and promote the works at our discretion and do so on the basis of you receiving the net sale proceeds as agreed at the time of listing. All artwork promoted and sold via offline sales channels will be based on the revenue share agreed in writing by Barewall at the time of delivery.
Barewall retains the right to alter these terms giving you written notice (which may be by post or email) of our intention to do so.
- General Prohibitions
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 material that: (i)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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, Barewall’s name, any Barewall trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Barewall’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Barewall’s computer systems, or the technical delivery systems of Barewall’s providers;
- Attempt to probe, scan or test the vulnerability of any Barewall system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Barewall or any of Barewall’s providers or any other third party (including another user) to protect the Site, Services, Barewall Content or Member Content;
- Attempt to access or search the Site, Services, Barewall Content or Member Content or download Barewall Content or Member Content from the Site or Services 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 Barewall 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;
- Use any meta tags or other hidden text or metadata utilizing a Barewall trademark, logo URL or product name without Barewall’s express written consent;
- Use the Site, Services, Barewall online Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- 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, Services, Barewall Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Barewall Content or Member Content;
- Interfere with, or attempt to 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 the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Barewall will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Barewall may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Barewall has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Barewall reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Barewall Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Barewall, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.