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The Golden Age of Russian Impressionism


Terms of Use: Seller Agreement

 

 

 

MASTER SELLER AGREEMENT

General

This Agreement sets forth the terms and conditions that govern the relationship between ArtFortune Worldwide Corp. (“ArtFortune”) and you (“you” or “Seller”) with respect to process, terms and conditions under which you may offer or sell works-of-art such as art, artifacts, design objects and other similar items (collectively “Works-of-art”) on ArtFortune's websites (ArtFortune.com, ArtFortune.de, ArtFortune.fr and all other related websites) (collectively, the “Site”). If you wish to access or use the Site to offer or sell Works-of-art through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A SELLER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN (including, without limitation, THE Works-of-art Policy and Listing Guidelines ANNEXED HERETO).

The online auctions portion of the Site provides a venue and mechanism for you to conduct auctions for items of Works-of-art posted by you on the Site; and for bidders to bid for such items of Works-of-art in auctions conducted by you. As such, ArtFortune is not involved in the actual transactions between buyers and sellers, has no control over the buyers and/or the sellers, and does not guarantee in any manner that buyers will pay or that any transaction(s) will be completed.

Use of the online auction portion of the Site and the Services is limited to Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not sell items of Works-of-art through the Site. Every Seller who uses the Services hereby represents and warrants to ArtFortune that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.

Use of the Site

You may list works-of-art for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

     You will describe all Works-of-art offered by you truthfully and accurately. This would encompass text descriptions, images and pictures of each item of Works-of-art including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. All damage to Works-of-art must be photographed and clearly presented on the Site. Additionally, the information presented in your listing cannot be misleading, either through the inclusion of actual information provided or by the omission of information.

     The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services. All information you post on the Site will comply with all applicable law, statutes and regulations. It is your responsibility to determine whether the offer or sale of Works-of-art may violate applicable laws, statutes or regulations. The minimum regulatory venue is deemed to be United States of America and the State of New York.

     When posting Works-of-art for sale on the Site, you are responsible for establishing the pre-sale estimates (including both a “high” estimate and a “low” estimate for each item) and, for items offered on the Site as auctions, the starting price (i.e., minimum initial bid price) will be set at ten percent (10%) or more of the low end of the estimated value of the item. You will have the option to also establish a reserve for each item but a reserve is not required. A reserve is the minimum acceptable hammer price at which the item may be sold. It is the policy of the Site that in no case may the reserve exceed the posted low pre-sale estimate, and you agree to comply with this policy.

     You will adhere to the Works-of-art Policy and Listing Guidelines annexed hereto and such other policies and guidelines applicable to the Site as such may be amended by us from time to time in our sole discretion.

     You will adhere to ArtFortune's Return Policy in effect at the time of the auction's “live” period with respect to items of Works-of-art sold by you through the Site. The Return Policy will be disclosed to you at the time of your registration as a seller of items of Works-of-art on the Site and may be amended by us from time to time in our sole discretion.

     You will not to offer buyers the opportunity through the Site to purchase any items of Works-of-art outside of the Site.

     You will not to allow other persons or entities to post items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. ArtFortune will not be held liable for any activity resulting from compromised account information.

     You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.

     You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.

     You will immediately notify ArtFortune if you suspect that your information or listing data has been compromised.

     Should the authenticity of authorship of any Works-of-art sold by you through the Site be found to be incorrect, you will permit the purchaser to return such Works-of-art to you for full refund.

     You are strictly prohibited from placing bids or causing bids to be placed on any item of Works-of-art for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Works-of-art listed on the Site.

     You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

     It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. ArtFortune is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.

Once an auction is live, Seller cannot amend or make any changes to the auction. If a change is necessary, for any reason, you are required to notify ArtFortune promptly. ArtFortune reserves the right, in its sole discretion, to terminate any auction that has commenced and re-offer the item with a revised description. If you do not want to re-offer the item of Works-of-art, ArtFortune will be entitled to collect a Commission Fee (as defined below) as if the item of Works-of-art sold at the low estimate price.

ArtFortune has the right, but not the obligation, to monitor any activity and content associated with the Site. ArtFortune may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy, Terms of Use, Works-of-art Policy and Listing Guidelines or Return Policy) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings, all of which may be taken by ArtFortune without liability to you or any other person or entity. ArtFortune reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, ArtFortune may, in its sole discretion, remove any item of Works-of-art posted by you or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy, Terms of Use, Works-of-art Policy and Listing Guidelines or Return Policy). In the event of a removal or cancellation, ArtFortune will not have any liability to you, any bidder or any other person or entity with respect to the offer of such item or the cancellation of the auction.

As permitted by applicable law, ArtFortune also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect ArtFortune's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, ArtFortune's business and systems or other purposes deemed reasonable by ArtFortune, ArtFortune may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Warranty of Authenticity

You warrant the authenticity of all items of Works-of-art offered by you for bidding or purchase on the Site in accordance with the Works-of-art Policy and Listing Guidelines. ArtFortune reserves the right to terminate any auction or sale of any item which it believes in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. ArtFortune will have no liability to the Seller or other person or entity (including any bidder) in any auction terminated by ArtFortune.

Use of Content

You, the Seller, grant to ArtFortune and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be Seller's sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.

Dispute Resolution

Because ArtFortune is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, ArtFortune does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. ArtFortune has no control over and does not guarantee the quality, safety or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

It is ArtFortune's policy to allow sellers and buyers the opportunity to settle differences directly. ArtFortune reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Works-of-art offered for sale through the Site. You agree to cooperate with any investigation that ArtFortune may conduct in response to a claim, and to provide ArtFortune with any documentation in your possession or control. You agree to abide by the terms of ArtFortune's Return Policy in effect from time to time.

If a buyer requests that you rescind a sale of an item sold on the Site, you agree to consider such purchaser's claim in good faith, and to rescind such sale, if appropriate, under the terms of the Return Policy.

Limitation of Liability

THE SITE AND SERVICE IS “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. ARTFORTUNE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ARTFORTUNE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Please note that this disclaimer of warranties and limitation of liabilities applies to ArtFortune's service providers and to each of their respective affiliated entities. ArtFortune does not guarantee or represent in any manner that the Site or Service will operate error-free or that the Site or Service will be uninterrupted.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ARTFORTUNE AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY WORKS-OF-ART OFFERED FOR SALE OR SOLD BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.

Release

BECAUSE ARTFORTUNE IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE ARTFORTUNE (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ARTFORTUNE.

Representations; Warranties and Additional Agreements

You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to ArtFortune the rights set forth herein.

You agree to comply with the Site's policies and guidelines as they may exist from time to time (including, without limitation, our Privacy Policy, Terms of Use, Works-of-art Policy and Listing Guidelines and Return Policy).

You represent and warrant that you have the right, power and authority to transfer clear and unencumbered title to any item of Works-of-art offered for sale by you through the Site to the successful bidder with respect to such item of Works-of-art and you agree to transfer such clear and unencumbered title (and the right to possession of such Works-of-art) to the successful bidder upon payment for such item of Works-of-art.

Unless you have “opted-out” in accordance with the registration procedures of the Site, you agree that the ArtFortune and its affiliated entities may use your name and identify you by your alias as an ArtFortune Online Auctions Member in any marketing and promotional material distributed about ArtFortune and/or its affiliated entities.

Amendment and Notification

ArtFortune reserves the right to change any of the terms and conditions contained in this Agreement (including, without limitation, the Fee Schedule, Works-of-art Policy and Listing Guidelines and/or Return Policy) by posting on the Site either a new agreement or any changes or amendments thereto. Each time any of the foregoing is changed or amended, ArtFortune will send notification of the changes or amendments in an email to you at the address you have provided in your account settings. Each change or amendment will be automatically effective ten (10) days after notice thereof is initially emailed to you. No changes or amendments shall affect the sale of any Works-of-art that you posted for sale before such change or amendment became effective. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING ARTFORTUNE'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT (including, without limitation, ANY CHANGES OR AMENDMENTS TO THE Fee Schedule, Works-of-art Policy and Listing Guidelines AND/OR RETURN POLICY), DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A SELLER.

All informal communication between the parties will be via email to the extent feasible.

Termination of Agreement

ArtFortune reserves the right to terminate this Agreement at any time, on ten (10) days notice to you, for any reason whatsoever; provided, however, that unless this Agreement is terminated by ArtFortune pursuant to the paragraph immediately set forth below, this Agreement shall remain in effect to the extent necessary to permit you to complete your pending auctions on the Site at the time of notification of termination by ArtFortune.

Additionally, ArtFortune reserves the right to terminate this Agreement immediately upon notice to you and cancel any of your pending auctions, if: (i) you are found to be, in ArtFortune's sole good faith judgment, in breach of this Agreement or the documents it incorporates by reference; (ii) ArtFortune believes that your actions may cause legal liability for ArtFortune or any Site users; or (iii) ArtFortune no longer offers the Service contemplated under this Agreement. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if ArtFortune believes that your actions may cause legal liability for ArtFortune or any Site users.

Notification of any termination will be emailed to you at the address you have provided in your account settings.

The following Sections survive any termination of this Agreement: Warranty of Authenticity; Fees (with respect to fees owed for our services); Use of Content; Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.

Miscellaneous

The laws of the State of New York govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK COUNTY, NEW YORK, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR ARTFORTUNE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN NEW YORK COUNTY, NEW YORK. IF NECESSARY TO PROTECT THE RIGHTS OR WORKS-OF-ART OF YOU OR ARTFORTUNE PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid illegal or unenforceable provision or provisions had never been contained herein.

You shall not assign this Agreement to another entity or person without the prior written consent of ArtFortune. Subject tot the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.

You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of ArtFortune or any of ArtFortune's affiliated entities.

This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

ArtFortune's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of ArtFortune's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).

Works-of-art policy and listing guidelines

1. Restricted Works-of-art

A Seller shall not offer for sale any Works-of-art on the Site if the offering or sale of such Works-of-art violates applicable laws or regulations or may subject the Seller or ArtFortune to potential liability. Without limiting the foregoing, a Seller may not post the following types of works-of-art for sale on the Site:

     Works-of-art containing ivory, tortoiseshell, or any other product of a plant or animal species that is protected as endangered or threatened under applicable national or local law

     Wine, beer, liquor, distilled spirits or any product containing alcohol

     Products containing tobacco or tobacco derivatives

     Any firearms or explosives

     Any artifacts or materials connected with or related to the “Nazi” regime that in ArtFortune's sole discretion lacks appropriate artistic merit, offensive material, “hate” literature or other material, or any other works-of-art that ArtFortune deems, in its sole discretion, to be inappropriate or offensive

     Any perishable products

     Livestock or other living creatures

     Any item containing human remains including but not limited to blood, hair, bone or tissue

     Slot machines and gaming equipment

     Pornographic material, including MPA-rated X, home porn, and hard-core material

     Stolen works-of-art

     Any works-of-art that a Seller is prohibited from selling under applicable “foreign asset control” or “economic sanction” restrictions and regulations promulgated from time to time, or if under a court's control or under a court's order prohibiting sale

     Works-of-art whose sale or offering for sale would infringe any proprietary rights (including without limitation copyright, patent, trademark or other intellectual works-of-art rights), or privacy or publicity rights of any third party

     Works-of-art whose sale or offering for sale is prohibited under applicable laws, rules or regulations

     Defamatory or libelous material

Notwithstanding the items set forth above, ArtFortune reserves the right. in its sole discretion, to restrict or prohibit any item of Works-of-art from being offered for sale through the Site.

2. Representations and Warranties Concerning Works-of-art

Each Seller shall be deemed to make the following representations and warranties to ArtFortune upon the posting of any Works-of-art for sale on the Site:

     Seller has the right to offer the Works-of-art for sale through the Site;

     Seller has good and unencumbered title to any Works-of-art offered for sale by Seller through the Site and good and unencumbered title and right to possession to the Works-of-art will pass to the buyer of such Works-of-art at the time of sale;

     Seller has no reason to believe that the Works-of-art is not authentic or is counterfeit; and

     If applicable, the Works-of-art has been lawfully imported into the jurisdiction in which it is currently located and that any applicable tariffs and taxes have been properly paid.

3. Code of Conduct

ArtFortune is committed to maintaining high standards of business, legal and ethical practices. Given the complex international legal and ethical environment in which international art and other markets operate, each Seller is required to fully endorse and agree to the following policy statements regarding Works-of-art to be offered for sale on the Site.

     No item of Works-of-art will be sold or offered for sale, if a Seller knows or has reason to believe that such item of Works-of-art was illegally exported or imported.

     If a Seller suspects or has knowledge of an illegal export or import, Seller must not offer such item of Works-of-art for sale on the Site.

     Seller agrees to comply with the laws of the countries in which the Seller is doing business, including applicable export or import laws.

     Seller endorses the regular review by the Art Loss Register of the Site.

 

4. Listing Guidelines

Each Seller is required to fully endorse and agree to the following listing guidelines regarding Works-of-art to be offered for sale on the Site

     Seller agrees not to include brand names or other keywords in the title that may affect the keyword searches for the Site.

     Seller agrees not to use brand names, misleading or inappropriate aliases for his/her screen name.

     Seller agrees to list the items within the appropriate categories on the Site.

     Seller agrees to deliver the item of Works-of-art purchased from it unless the buyer of such item of Works-of-art fails to make payment.

     Seller agrees to fully disclose all shipping information to the buyer and to not misrepresent shipping costs or where the item of Works-of-art will be shipped from.

     Seller agrees to disclose the states where it is are obligated to collect sales taxes. Seller shall be responsible for the collection and remittance of all applicable sales taxes. 

     Seller agrees not to offer more than one choice of item per lot entry or list a single item but offer additional items for sale in the description. 

     Seller agrees not to increase the rate to the buyer to pay for the use of credit cards, or other methods of payments used in the ordinary course of business. 

     Seller agrees not to misrepresent the estimate of any item of Works-of-art.

     Seller agrees not to use profanity or obscene images in any listing of Works-of-art. 

     Seller endorses the regular review by the Art Loss Register of the Site.

VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY AUCTION BEING CONDUCTED BY A SELLER ON A SITE, BY THE REMOVAL OF THE WORKS-OF-ART FROM THE SITE AND/ OR THE IMMEDIATE TERMINATION OF THE SELLER'S MASTER SELLER AGREEMENT.

MASTER BUYER AGREEMENT

General

This Agreement sets forth the terms and conditions that govern the relationship between ArtFortune Worldwide Corp. ("ArtFortune") and you ("you" or "Buyer") with respect to process, terms and conditions under which you may bid, offer to purchase or otherwise participate as a potential buyer in online auctions for items such as art, artifacts, design objects and other similar items (collectively "Works-of-art") on ArtFortune's websites (ArtFortune.com, ArtFortune.de, ArtFortune.fr and all other related websites) (collectively, the "Site"). If you wish to access or use the Site to bid on or offer to purchase any items of Works-of-art through the Site (the "Services"), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.

The online auctions portion of the Site provides a venue and mechanism for sellers to conduct auctions for items of Works-of-art posted by them on the Site; and for bidders to bid for such items of Works-of-art in such auctions. As such, ArtFortune is not involved in the actual transactions between buyers and sellers, has no control over the sellers and/or the buyers, and does not guarantee in any manner that sellers will sell or deliver or that any transaction(s) will be completed.

Use of the online auction portion of the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase items of Works-of-art through the Site. Every Buyer who uses the Services hereby represents and warrants to ArtFortune that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.

Use of the Site

You may bid on or offer to purchase items of Works-of-art for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

     You must honor all bids placed in an auction, and are obligated to complete the transaction with the respective seller if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You also agree to pay the Buyer's Premium to ArtFortune with respect to any auction item for which you are the winning bidder (See Buyer's Premium below). You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

     You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller's return policy for each auction listing.

     You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by ArtFortune in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact ArtFortune immediately after placing a bid to retract any bids made in error.

     Auctions are extended when a bid is made 10 minutes before the auction ends. The auction closing is postponed for 10 minutes and may be the case several times until a one minute period has lapsed without bidding, at which point the auction closes.

     The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing items. The minimum regulatory venue is deemed to be United States of America and the State of New York.

     You will not to allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. ArtFortune will not be held liable for any activity resulting from compromised account information.

     You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.

     You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.

     You will immediately notify ArtFortune if you suspect that your information or data has been compromised.

     You are strictly prohibited from placing bids or causing bids to be placed on any item of Works-of-art for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Works-of-art listed on the Site.

     It is your responsibility to pay any sales or use taxes apply to any purchase transactions conducted by you through the Site. ArtFortune is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.

     Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.

 

 

 

As permitted by applicable law, ArtFortune also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect ArtFortune's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, ArtFortune's business and systems or other purposes deemed reasonable by ArtFortune, ArtFortune may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Use of Content

You, the Buyer, grant to ArtFortune and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for ArtFortune's use of any such Materials.

Buyer's Premium

Art Fortune will charge you and you will be responsible for, a buyer's premium currently equal to ten percent (10%) of the final selling price of any auction item for which you are the winning bidder (the “Buyer's Premium”), which will be incurred upon the completion of the applicable auction. ArtFortune reserves the right to change the amount of the Buyer's Premium, at any time and in its sole discretion, in accordance with the amendment and notification provisions of this Agreement (See Amendment and Notification below).

The applicable Buyer's Premium will be charged to your credit card on file with ArtFortune and you hereby authorize ArtFortune to charge such credit card upon the completion of any auction in which you are the winning bidder. ArtFortune also reserves the right to invoice you for the Buyer's Premium payable by you hereunder. In such event, you will pay the Buyer's Premium owed to ArtFortune upon receipt of any invoice therefor. ArtFortune reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the Buyer's Premium in any way.

Unless otherwise stated, the Buyer's Premium shall be required to be paid in US Dollars. ArtFortune reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to ArtFortune hereunder.

In the event a seller is unable or otherwise fails to consummate the sale in which you were the winning bidder, you should contact ArtFortune to obtain a refund with respect to any Buyer's Premium paid by you with respect to such sale. As a winning buyer, you can request a refund of the applicable Buyer's Premium in the event that: (i) the seller did not respond after you attempted to contact them (please allow at least seven days for them to respond); (ii) the seller failed to complete the transaction and didn't sell you the item; or (iii) you returned the item to seller and were issued a refund by the seller. Any request for a refund of the Buyer's Premium must be made within 60 days of the conclusion of the applicable auction. Determinations of your entitlement to any refund of the Buyer's Premium shall be made at the discretion of ArtFortune.

Dispute Resolution

It is ArtFortune's policy that Seller's describe all items of Works-of-art offered for sale on the Site truthfully and accurately. This should encompass text descriptions, images and pictures of each item of Works-of-art including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. ArtFortune's policy requires Seller's to photograph all damage to Works-of-art and to clearly present such damage on the Site. Additionally, ArtFortune's policy requires that the information presented in a Seller's listing not be misleading, either through the inclusion of actual information provided or by the omission of information.

Because ArtFortune is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, ArtFortune does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. ArtFortune has no control over and does not guarantee the quality, safety or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by ArtFortune.

It is ArtFortune's policy to allow sellers and buyers the opportunity to settle differences directly. ArtFortune reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Works-of-art offered for sale through the Site. You agree to cooperate with any investigation that ArtFortune may conduct in response to a claim, and to provide ArtFortune with any documentation in your possession or control.

Limitation of Liability

THE SITE AND SERVICE IS "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. ARTFORTUNE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ARTFORTUNE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Please note that this disclaimer of warranties and limitation of liabilities applies to ArtFortune's service providers and to each of their respective affiliated entities. ArtFortune does not guarantee or represent in any manner that the Site or Service will operate error-free or that the Site or Service will be uninterrupted.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ARTFORTUNE AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY WORKS-OF-ART BID ON OR PURCHASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.

Release

BECAUSE ARTFORTUNE IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE ARTFORTUNE (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE _1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ARTFORTUNE.

Representations; Warranties and Additional Agreements

You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to ArtFortune the rights set forth herein. You agree to comply with the Site's policies and guidelines as they may exist from time to time (including, without limitation, our Privacy Policy and Terms of Use).

Amendment and Notification

ArtFortune reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. Changes to this Agreement may be posted on the Site without notice to you. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING ARTFORTUNE'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A BUYER.

All informal communication between the parties will be via email to the extent feasible.

Termination of Agreement

ArtFortune reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if ArtFortune believes that your actions may cause legal liability for ArtFortune or any Site users.

Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.

The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.

Miscellaneous

The laws of the State of New York govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK COUNTY, NEW YORK, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR ARTFORTUNE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN NEW YORK COUNTY, NEW YORK. IF NECESSARY TO PROTECT THE RIGHTS OR WORKS-OF-ART OF YOU OR ARTFORTUNE PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.

You shall not assign this Agreement to another entity or person without the prior written consent of ArtFortune. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.

You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of ArtFortune or any of ArtFortune's affiliated entities.

This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

ArtFortune's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of ArtFortune's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

ArtFortune has the right, but not the obligation, to monitor any activity and content associated with the Site. ArtFortune may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including bids, all of which may be taken by ArtFortune without liability to you or any other person or entity. ArtFortune reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, ArtFortune may, in its sole discretion, remove any item of Works-of-art or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use). In the event of a removal or cancellation, ArtFortune will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the auction.

 

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