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Terms of Service

Last Updated: January 22, 2022

I) INTRODUCTION

Welcome to artrepreneur.com. Please read these Terms of Service (this “TOS”) carefully before using the services offered by Orangenius, Inc. DBA Artrepreneur, a Delaware corporation (“Artrepreneur”), as it is a legally binding contract between Artrepreneur and its users and visitors (“users,” “you”).

This TOS sets forth the terms and conditions of our relationship and governs your use of the Artrepreneur website at artrepreneur.com (“Platform”), including your offering for sale and/or purchase of visual art (“Artwork”) through the Platform’s marketplace (“Marketplace”), your offering of, provision, or purchase of creative services (“Creative Services”), your offering of or application to a job (“Job Board”), your offering or application to a contest (“Open Call”), and all other features, applications, newsletters, blogs, materials, and services offered by Artrepreneur relating to the foregoing, whether now offered or offered at a future date (collectively, the “Services”). These Terms incorporate by reference the Artrepreneur Arbitration Policy, Community Guidelines, DMCA (Copyright) Policy, Image Upload Guidelines, Store and Showroom Rules, Open Call Rules, and Privacy Policy (collectively, these “Terms”).

IMPORTANT NOTICE: SECTION XX OF THIS TOS CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST ARTREPRENEUR TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTREPRENEUR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS, INCLUDING BUT NOT LIMITED TO SECTION XX OF THE TOS AND THE ARBITRATION POLICY.

You acknowledge and agree that, as the provider of the Platform, Artrepreneur does not: (a) own, control, offer or manage any listings on the Marketplace or Job Board, (b) manufacture, store, or inspect all or any Artwork, or (c) own, control, offer or manage any Open Call. Artrepreneur is not a party to the contracts concluded directly between users and does not act as an agent in any capacity for any user. AS FURTHER DESCRIBED IN SECTIONS XV (DISPUTES WITH OTHER USERS) AND XVII (WARRANTIES AND LIMITATION OF LIABILITY) BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT ARTREPRENEUR MAKES NO WARRANTY ABOUT THE CONDITION, QUALITY, OR LEGALITY OF THE ARTWORK THAT YOU PURCHASE. ANY LEGAL CLAIM RELATED TO ARTWORK, CREATIVE SERVICES, JOB POSTINGS, OR OPEN CALLS MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE USER AND NOT ARTREPRENEUR.

Please read these Terms fully and carefully before accessing the Platform or using the Services. IF YOU DO NOT ACCEPT THESE TERMS OR ARE NOT ELIGIBLE TO USE THE SERVICES, YOU DO NOT HAVE OUR PERMISSION TO USE OR ACCESS THE PLATFORM, SELL OR PURCHASE ARTWORK, OR USE ANY OF ARTREPRENEUR’S SERVICES.

 

II) MEMBER TERMS

To use certain Platform features, you may be required to register for a member account (“Account”), as further described in Section V below. Registered Account holders of the Platform shall be referred to herein as a “Member” and unregistered Platform users shall be referred to herein as a “Visitor.” While these Terms apply to all Platform users, certain provisions of these Terms may apply only to Members or certain Member Types (as defined below).

No part of the Platform is directed to or targets children younger than 13 years of age, and children younger than 13 years of age are not permitted to access the Platform or Services. Minors under the age of 18 and at least 13 years of age are only permitted to access the Platform or use the Services through an account owned by their parent or legal guardian with their direct supervision and permission. If the law applicable to your jurisdiction requires that you must be older than 18 for Artrepreneur to provide you access to the Platform without parental consent, then the minimum age under such applicable law will be the minimum age for purposes of these Terms. Artrepreneur strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that parental control tools are available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Artrepreneur learns that it has collected personal information of a child younger than 13 years old, Artrepreneur will take steps to delete such information from Artrepreneur’s files as soon as commercially reasonably possible. Please see Artrepreneur’s Privacy Policy for further information and direct any inquiries related to the following to Artrepreneur’s Contact Page.

Artrepreneur reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Artrepreneur’s sole discretion, and such new Terms will immediately take effect upon Artrepreneur posting such new Terms on the Platform and updating the “last updated” date. Notwithstanding the foregoing, if Artrepreneur makes any material changes to these Terms, Artrepreneur will use reasonable efforts to notify you in advance by sending you an email about the changes or via other messages through the Platform. Your continued use of the Platform following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms.

III) INTELLECTUAL PROPERTY

The Platform and all its contents are protected under various domestic and international copyright, trademark, and other applicable laws. As between you and Artrepreneur, all right, title, and interest of any kind in and to the Platform, including, without limitation, all copyrights and intellectual property rights of any kind (excepting only Member Content which remains exclusively your property, as defined below in Section VII (Member Content)) and Artrepreneur’s name, logos, and overall brand (including the trademarks and service marks for Artrepreneur™ and its logo, Art Business Journal™, and Art Law Journal™), are entirely owned by Artrepreneur or Artrepreneur’s affiliates, licensors, vendors, and partners (collectively, “Affiliates”).

Subject to your full compliance with the Terms, Artrepreneur grants you a limited, non-exclusive, non-sublicensable, and non-transferable license and permission to access the Platform for the stated purposes herein. Notwithstanding the foregoing, nothing contained in these Terms should be construed as granting, by implication or otherwise, any license or right to use the Platform, Services, Artwork, or any other materials found on the Platform without the express written permission of Artrepreneur or the applicable Affiliate or Platform user, beyond the rights to access, use, and/or view the Platform for the expressly stated purposes herein. Artrepreneur explicitly reserves all rights not specifically contemplated herein that relate to the Platform.

If you believe your intellectual property rights are being infringed upon on the Platform, please use Artrepreneur’s DMCA takedown procedure as outlined in Artrepreneur’s DMCA Policy. Please note, Artrepreneur cannot speak on behalf of intellectual property owners, nor is Artrepreneur in a position to offer legal advice or make legal determinations (including fair use determinations) whether any Artwork or Member Content infringes someone else’s intellectual property rights. Artrepreneur will strive to respond quickly when Artrepreneur receives proper notice of intellectual property infringements by removing or disabling access to the allegedly infringing material when provided with proper notice.

IV) THIRD-PARTY SERVICES, SITES, AND MATERIALS

The Platform interoperates with several third-party sites services, including, without limitation, Facebook, Google, Stripe, and PayPal (collectively, “Third Party Services”). Some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide the availability to Artrepreneur, Artrepreneur may cease to provide such features to you without entitling you to refund, credit, or other compensation. In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service. If any terms or policies of any Third Party Services conflict with these Terms, the terms or policies of the applicable Third Party Service will apply solely to the use of that Third-Party Service.

You acknowledge and agree that your use of some Third Party Services is subject to your acceptance of the terms of use, privacy policy, and all other terms or policies of applicable Third Party Service. You understand Artrepreneur does not control the terms, conditions, and privacy policies offered by Third Party Services, including, without limitation, how a Third Party Service manages personal information, charges you for their services, and how and when Third-Party Services modify or amend their own terms of service, privacy policies, and other terms and policies. Artrepreneur encourages you to review all terms offered by a Third Party Service before using its services. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that it is your sole responsibility to verify your ability to purchase, cancel, or obtain a refund for a Third Party Service. Artrepreneur is not liable to you for any inability to obtain a refund from or through a Third Party Service. Your use of all Third Party Services is at your own risk, and Artrepreneur is not responsible for any damages or other losses you may incur through using any Third Party Service.

The Platform may contain links to third-party content for users’ convenience, advertising purposes, or other functions related to Artrepreneur’s general business activities. Artrepreneur may not even post such links but instead posted by users of the Platform. Artrepreneur, or any user, linking or embedding third-party content within the Platform does not imply an advertisement or endorsement of any good, service, product, or otherwise by Artrepreneur. Artrepreneur is not responsible for any such linked content and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any such information, or the quality of such products and services.

V) ACCOUNTS

To access certain features of the Platform, you may be required to register for an Account. When you register to become a Member, you will be given the option to choose between different membership types (“Member Types”). Currently, Artrepreneur offers the Member Types for the following individuals and organizations: (1) individual artists (“Artists”), (2) businesses and organizations (each, an “Organization”), and (3) buyers or other non-visual artists (collectively, “Buyer /Browsers”). Additionally, both Artists and Organizations can upgrade to a paid pro plan (“Pro Plan”). Each of these Member Types and Plans (defined below) may have services, functions, or features unique to that Member Type, so please be sure to review these Terms and Artrepreneur’s Pricing page.

You may register for an Account on Artrepreneur’s Signup page by establishing a username and password or using single sign-on authentication (OAuth) via a Third Party Service. The Signup/login pages on the Platform will inform you what authentication may be used to create an Account and login to the Platform. Artrepreneur reserves the right to amend what authentication can be used to access the Platform at any time. You agree that all information you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful. You agree to keep it up to date. Please review Artrepreneur’s Privacy Policy to learn more about the information Artrepreneur collects during the Account sign-up or authentication process. As of the effective date of these Terms, Artrepreneur requires your name or professional pseudonym, email address, geographic location, and specialty when joining the Platform. However, if you are an Artist or Organization, Artrepreneur highly recommends that you upload Artwork and add relevant information to your resume, such as a personal or artistic statement, to help other Members, buyers, collectors, or potential clients and employers learn more about you and your creative process.

You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of and restricting access to your account and password. You agree to accept responsibility for all Artwork purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them. Artrepreneur does not have access to your password. If you no longer have access to your password, please use the “Forgot Password” link on the Account login screens. If you no longer have access to the email account/social media platform you used to sign up for your Account, or if you know or suspect that anyone other than you knows your password, you must promptly notify Artrepreneur at Artrepreneur’s Contact Page.

In certain circumstances, you may create multiple Accounts. For example, you may want both an Artist account and an Organization account, or an account highlighting your graphic design work and another for photographic work. You shall not create excessive multiple or fake accounts to solicit or gain an unfair advantage over other Members. If you create multiple legitimate Accounts, please note that each Account must use a unique email address.  You will not be able to create multiple Accounts with the same email. You may also add multiple email addresses to any Account from your settings page.

You have the ability to delete your Account, either directly through the Platform’s settings page. You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Platform or your ability to purchase Artwork.

Without limiting anything contained herein, Artrepreneur reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in Artrepreneur’s sole discretion, including, without limitation, if you fail to comply with any provision of these Terms.

VI) MEMBER CONTENT

Certain features of the Platform allow Members to upload and otherwise share information and other content on the Platform (“Member Content”), including, without limitation, Artwork that you upload to your Account, other submissions and statements you make on the Platform, and certain other Account information, including your name, image, resume, and biographical materials. Visitors cannot add content, save or like artwork, contact other members, or purchase artwork. As further set out in Artrepreneur’s Privacy Policy, except for your email address, direct messages sent via the Platform, and other materials stored by Third Party Services, all Member Content is likely to be publicly available on the Platform. Additional information and requirements for Member Content can be found on Artrepreneur’s Community and Image Guidelines pages.

As between Artrepreneur and each Member, a Member retains all right, title, and interest in and to all ownership and other interest(s) in your Member Content, and Artrepreneur will not be deemed the owner of any Member Content, including your Artwork, subject to all licenses to Member Content contained herein. In connection with the foregoing, you grant to Artrepreneur, and its Affiliates a non-exclusive worldwide, royalty-free, fully paid-up, perpetual, sublicensable, transferable, and irrevocable, limited license to copy, distribute, display, transmit, store, and otherwise use your Member Content for the sole purposes of (1) Artrepreneur offering the Platform and/or providing the Services (this permits, for instance, Artrepreneur to allow Artrepreneur’s web-hosting company to host the Platform and for other users to view your Artwork and otherwise view, access, and engage on the Platform), (2) to promote your Artwork in any media (including displaying Member Content on the Platform, Artrepreneur’s social media channels, and including Member Content in Artrepreneur’s newsletters and email lists), and (3) for all other purposes specifically referenced within the Terms. Without limiting the foregoing, this includes granting other Members and Visitors to the Platform the right and license to view your Member Content on or through the Platform. All other uses of Member Content shall be subject to your approval (email and direct messages via the Platform are deemed sufficient for such purposes).

You understand and agree that Artrepreneur uses commercially reasonable efforts to accurately display the colors of Member Content uploaded to the Platform. However, because individual computer monitors or other displays may have technical differences and/or display colors differently, you agree Artrepreneur is not responsible for any color inaccuracy of any Member Content displayed on the Platform. If you have questions regarding color accuracy, please contact Artrepreneur on Artrepreneur’s Contact Page.

VII) FEES AND PAYMENTS

Currently, Artrepreneur offers a 1) Basic Plan, 2) Pro Artist Plan, and 3) Pro Organizations Plan (each, a “Plan”). Each Plan has different features and functionality, and fees, as further set forth in these Terms. A Member can upgrade or downgrade their Account at any time, subject to these Terms. Please be sure to review these Terms and Artrepreneur’s Pricing pages.

Paid Plans are a subscription-based model for the fees set forth on Artrepreneur’s Plan Pricing page (“Fee”). Notwithstanding any fee currently listed on the Plan pricing page, Pro Plan Accounts activated prior to March 4, 2020, will pay nine dollars ($9.00) per month for the life of their Pro Plan membership. Please see Artrepreneur’s Pricing page for a list of features available with each Member Type. You will also find additional information and tutorials for these features in Artrepreneur’s Help Center.

To upgrade to a Pro Artist Plan or Pro Organizations Plan (together, the “Pro Plans”), you will have to enter a credit or debit card into your Account, which can be multiple different cards (“Payment Method”). Please note, Artrepreneur does not store your credit card on Artrepreneur’s servers or properties in accordance with Artrepreneur’s Privacy Policy. Such information will be stored and housed by Artrepreneur’s Third Party Service payment processor, presently Stripe. In connection with the same, you hereby authorize Artrepreneur’s payment processors, including Stripe, to charge the Payment Method associated with your Account for the Fee. Using the Stripe payment processing services, you agree to the Stripe Terms of Service available at https://stripe.com/legal. Artrepreneur has no access to your credit card despite signing up for or paying Fees. Artrepreneur only stores your name, email, and address in accordance with Artrepreneur’s Privacy Policy.

If you decide to subscribe to a Pro Plan, you agree to pay Artrepreneur the Fee and any applicable fees and taxes (including any foreign exchange fees or differences in prices based on location). Artrepreneur may calculate any taxes payable by you based on the billing information that you provide Artrepreneur at the time of purchase. All monthly or annual Fee(s) are billed automatically to your Payment Method at the start of each applicable period (i.e., the date you first establish a Pro Member Type) unless you terminate your Pro Member Type before starting the subsequent applicable period. Artrepreneur recommends that you cancel one (1) business day before the end of the applicable period to avoid being charged for the next cycle. Upon any cancellation, you will have access to the Pro Member Type through the remainder of the applicable period, and the Fee will not be reduced if you elect not to use or access the Platform during the remainder of the applicable period. Artrepreneur does not provide refunds on any Fees unless required under the local laws applicable to your jurisdiction. Failure to pay the Fee will result in termination of your Pro Plan, and you will be downgraded to the Basic Plan. Notwithstanding anything contrary to herein, all Fees are subject to change, subject to applicable law. Artrepreneur will notify Members thirty (30) days before any Fee changes.

Upon any failure to process payment for Fees, Artrepreneur reserves the right, in Artrepreneur’s sole discretion, to cease providing Pro Plan access to you, which will limit your access to certain features of the Platform. If you sign up for a free trial for a Pro Account (typically, Artrepreneur may extend to you 14 days free upon sign-up) and elect not to subscribe to a Pro Plan after the trial period ends (subscription for the next month/annual period may be automatic and your Payment Method will be charged unless you cancel your Pro Plan), you will not be eligible to sign up for another free trial for such Pro Member Types unless specifically agreed to by Artrepreneur.

VIII) SELLING ARTWORK AND SERVICES

Artrepreneur offers several ways to sell artwork on its platform, (collectively known herein as “Marketplace”). The Marketplace helps facilitate sales between Buyers and Sellers of Artwork. Please see our Store and Showroom Rules and our Help Center for more detailed information.

There are several ways to sell artwork on Artrepreneur, included but not limited to, the following:

  1. Sell Direct Store. Originals or limited editions are sold through the Artrepreneur Sell Direct Store. Sales are handled by the Seller directly, and Artrepreneur is not involved in the transaction or shipping. We only provide a platform to connect buyers with our artists/Sellers and a method for members to accept payments through PayPal or to link to other payment methods such as email or personal websites.  A Pro Plan is not required.

Terms for Sellers

      • Each Artwork must be submitted for approval by Artrepreneur before it can be made available for sale. Artwork submitted for approval may be rejected by Artrepreneur for any reason, including but not limited to failure to meet Artrepreneur’s quality standards. Sellers may have up to five (5) pieces of Artwork pending approval at any one time. The Seller sets the sale price and shipping costs. The sale price and shipping fee must be fair and reasonable according to industry standards. Details about the artwork as well as the sales details, such as the size or shipping details, must be accurate. Artrepreneur reserves the right to remove Artwork for unreasonable pricing or misleading descriptions, or to change the Print Cost, at its own discretion at any time.

Terms for Buyers

      • You must be a Member to initiate a sales transaction. You are solely responsible for the calculation, reporting, and payment of any taxes that may be due as a result of any purchase. Any shipping or delivery estimates.Artrepreneur is not involved in the sales transaction, including, but not limited to, the payment, fulfillment, or shipping of any Artwork sold through a Marketplace or Showroom. Artrepreneur accepts no risk of loss in connection with a seller failing to package their artwork adequately. All such issues should be resolved solely between the buyer and seller.

2. Giclée Print Store. Artrepreneur members can sell unsigned Giclée prints in the Giclée Print Store. While Originals and Limited Editions are sold directly by the artist, Giclée prints sold through the Giclée Print Store are handled by Artrepreneur, including payment, printing, shipping, etc.

Terms for Artists

      • Artists may apply to sell Giclée prints of their Artwork, which will be printed and shipped by Artrepreneur’s third-party vendor (“GicléePrint”).  Each Artwork must be submitted for approval by Artrepreneur before it can be made available for sale. When submitting artwork for approval, the Artist must upload a high-resolution image that adheres to the specifications (“Specs”) provided during the submission process. Artwork submitted for approval may be rejected by Artrepreneur for any reason, including but not limited to failure to meet Artrepreneur’s quality standards. Artist may have up to five (5) pieces of Artwork pending approval at any one time. After upload, the Artist will be provided with a maximum printable size (“Max Size”). If approved, Artists may choose up to three (3) sizes for sale, each of which must be within the size range provided in the Specs and no larger than the Max Size. Artrepreneur will provide the Artist with a print production cost (“Print Cost”) for each size. The Artists set the amount of profit (“Profit”) they want to receive from the sale of each Giclée Print size being offered, which will be added on top of the Print Cost to calculate a final sale price to the buyer. Shipping will be paid by the Buyer and calculated at the time of purchase. Artists can change the Profit for each size at any time. Profit must be fair and reasonable according to industry standards.  Artrepreneur reserves the right to remove Artwork for unreasonable pricing at its own discretion or to change the Print Cost at any time.
      • Artists must have and provide an email address from a valid PayPal account to receive payment for sold Giclée Prints. Payments will be made on the next 1st or 15th day of each calendar month, thirty (30) days after the date the Giclée Print was sold. A 2.9% credit card transaction fee of the sale price will be deducted from the Payment.

Terms for Purchasers of Giclée Prints

      • You must be a Member to order a Giclée Print. You are solely responsible for the calculation, reporting, and payment of any taxes that may be due as a result of any Giclée Print purchase. You acknowledge that Artrepreneur does not print, manufacture, ship, or otherwise produce Giclée Prints. Giclée Prints are printed by an independent contractor of Artrepreneur and shipped through UPS. Any shipping or delivery estimates are estimates only, and Artrepreneur makes no guarantees concerning the printing vendor or UPS’s performance other than those expressly provided in this Agreement. Artrepreneur is not responsible for any customs or import/export requirements.
      • You acknowledge that circumstances outside of Artrepreneur’s control may delay fulfillment or delivery, including, but not limited to: high order volumes, holidays, weather, printing delays, and shipping delays. Members who have purchased Giclée Prints will be provided a UPS tracking number upon shipment and must address any concerns regarding delivery directly with UPS. Artrepreneur is not liable for UPS delays or any Giclée Prints lost, damaged, or delayed in transit. Shipping delays will occur if an incorrect or incomplete mailing address is provided. Artrepreneur is not responsible for any lost packages due to you providing an incorrect or incomplete shipping address.
      • Because Giclée Prints are custom printed when ordered, refunds and returns of Giclée Prints are not accepted unless: (1) the Giclée Print you received is not the artwork or size you ordered; or (2) the Giclée Print has a clear manufacturing defect (together, a “Clear Defect”). If you think the Giclée Print you received has a Clear Defect, please contact us within fourteen (14) days of delivering the relevant print. You acknowledge and agree that Giclée Prints are printed from the Artwork image provided by the Artist and that any Giclée Print will not be of a higher quality than the image displayed on the Platform. Actual colors may vary as a result of computer monitors displaying colors differently. Under no circumstances will a return be accepted, or a refund is provided because a Giclée Print did not meet your expectations or for any other reason except a Clear Defect.

3. Showrooms. Showrooms are personal stores where Pro Members can sell originals and limited edition works without approval by our curatorial staff. (Artwork sold as Gicleé prints only will not be available for sale in a Showroom). Pro members may choose whether to include an original or limited edition artwork made available for sale in their Showroom.  Artwork that is available for sale but not included in a Showroom can still be purchased on the artwork’s detail page. For additional information, see the Showroom Section on our Help Center.

Members selling Artwork do not pay any commission to Artrepreneur on Artwork sales.  Please see our Marketplace and Showroom Rules and the Selling Direct, Selling Giclée Prints, and Managing Showrooms sections of our Help Center for more information regarding artwork purchases.

Approval ProcessOur curatorial team must review and approve artworks before inclusion in either the Artrepreneur Sell Direct and Giclée Print Stores. See the Selling Direct and Selling Giclée Prints section of our Help Center for detailed information on the approval process.

Services

Artists may also offer Creative Services to Organizations through the Platform. Artrepreneur does not perform Creative Services and does not employ Artists to perform Creative Services or otherwise control when, how, where, whether, or for whom an Artist performs Creative Services. Artists provide services under their own name or business name and not under Artrepreneur’s name. Artists operate as independent contractors, and their use of the Platform is merely to facilitate introductions to Organizations seeking Creative Services. Artists are free to solicit clients and provide their services outside of the Platform, including any services that compete with the Platform. Artists are free to accept or reject any Creative Services requested by an Organization. However, if an Artist agrees to provide Creative Services to an Organization through the Platform, the Artist is expected to fulfill the Artist’s contractual obligations. Artists set their own rates for Creative Services performed for an Organization through the Platform, without deduction by Artrepreneur.

Artrepreneur and the Platform are not an employment agency service or business, and Artrepreneur is not an Artist employer. Artists acknowledge and agree that they are responsible for exercising their own business judgment to enter into agreements with Organizations and perform Creative Services. Artists further acknowledge and agree that Artrepreneur does not guarantee that any Organization will request or accept Creative Services or that Artists will profit from any Creative Services performed.

General Information

You cannot use your Pro Plan Payment Method to purchase any Artwork or Creative Services; your Pro Plan Payment Method is solely used in connection with the collection of the Pro Plan Fee.

Additionally, please also note, some Third Party Services, such as PayPal, have certain transaction limitations (such as no transactions over USD 10,000.00), so please make sure to review the Marketplace and Showroom Rules or such Third Party Services terms and conditions before entering into any transaction with an Artist, Organization, or Buyer/Browser.

If you desire to make a purchase on Artrepreneur, (i.e. buying artwork or creative services) you must join Artrepreneur prior to your purchase. Membership is free. If you desire to purchase an original or limited edition artwork or Creative Services direct from the artist, you must use the payment method chosen by, or otherwise agreed to, by the Seller. While you may communicate with Members via messages on the Platform and/or agree upon certain terms of the sale within the Platform, the transaction must be finalized off the Platform via a Third Party Service, such as Stripe or PayPal, or by other means, provided by the Seller.

You understand that Artrepreneur does not manufacture, store, or inspect any Original or Limited Edition Artwork or perform or inspect any Creative Services offered through the Platform directly from our Members. Artrepreneur provides an online marketplace for Original and Limited Edition artwork as part of the Platform, and the Artwork and Creative Services offered within the Platform are provided, created, and performed directly by independent third-party sellers. Without limiting anything herein, Artrepreneur cannot and does not make any warranties about the quality, safety, non-infringement, or legality of any Artwork or Creative Services. Any legal claim related to Artwork or Creative Services you request must exclusively be brought directly against the selling Artist (or, in the case of the Artist having a claim, to the buying Fan or Organization). YOU RELEASE ARTREPRENEUR FROM ANY CLAIMS RELATED TO ARTWORK CREATIVE SERVICES SOLD THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION, FOR DEFECTIVE WORK PRODUCT, MISREPRESENTATIONS BY ARTISTS, OR ITEMS THAT CAUSE PHYSICAL INJURY (INCLUDING PRODUCT LIABILITY CLAIMS).

If you and another Member meet offline to consummate a transaction, fulfill the shipment of Artwork transacted via the Platform, or otherwise, please be careful and exercise caution and good judgment in all interactions with others. If you do meet another Member or Visitor offline, including representatives of such Member or Visitor, Artrepreneur accepts no responsibility or liability in connection with your interaction in accordance with these Terms, but kindly recommends that you always meet in a public, well-lit location. Do not go into another’s home or property, bring a second person with you and tell others where you are going, bring your cell phone and keep it on you, and overall, trust your instincts and leave if you are uncomfortable. Additionally, Artrepreneur encourages you to keep all communications for Artwork transactions within the Artrepreneur direct messaging system, or other savable electronic formats (such as your personal email, etc.), to have a written record of events when a transaction does not go as planned.

IX) OPEN CALLS

Artrepreneur offers an open call system that allows Pro Organization Plan Members to host artistic competitions (“Open Calls”). Other Members may not offer any Open Calls, or other contests, on the Platform. For details on hosting or applying to Open Calls, please see the Open Call and Jobs section on Artrepreneur’s Help Center.

Artrepreneur has provided default terms to be followed for all Open Calls (see Open Call Rules). However, the Organization hosting the Open Call may provide additional terms. These additional terms, if any, will be made available by an Organization on the Open Call page (“Additional Rules”). By applying to an Open Call, you agree to and will become subject to the Open Call Rules and any Additional Rules. Artrepreneur urges you to review the Open Call Rules and Additional Rules before participating in the Open Call. In the event of any conflict between the Additional Rules and these Terms, these Terms shall apply.

Administration of an Open Call shall solely fall upon such Organization Member offering the Open Call, and Artrepreneur will not be responsible or liable for anything in connection with such Member Open Call, including, without limitation, any law, regulation, or requirement related to a contest. All Open Calls must be legally deemed a contest in the jurisdiction(s) where they are offered. Organizations may not offer a sweepstake, game of chance, or lottery without Artrepreneur’s express prior written consent in each instance.

X) JOB BOARD AND TALENT SEARCH

Artrepreneur offers a Job Board as part of the Platform that allows Pro Organization Plan Members to post, at present, an unlimited amount of job postings (a “Job Post”) for creative, graphic design, advertising, and other artistic jobs. No non-artistic jobs may be posted. Currently, Artrepreneur charges Pro Organization Plan Members no fees to make a Job Post, other than the fees associated with the monthly or yearly Pro Organization Plan. Administration of Job Post shall solely fall upon such Business offering the Job Post, and Artrepreneur will not be responsible or liable for anything in connection with such Job Post.

An Artist can apply or respond to a Job Post by clicking on various application links that will be present on the Job Post page, and a copy of the Artist’s resume will be sent to the Organization that created the Job Post, as well as any Artwork an Artist attaches to the Job Post application and an optional cover letter (text box only).

Artists may also indicate to Organizations that they are available for hire by posting their profile to the Platform’s talent search page. Organizations may contact Artists directly regarding any job opportunities.

Artrepreneur and the Platform are not an employment agency service or business, and Artrepreneur does not investigate or vet any Artist, Organization, or Job Posting. Artrepreneur is solely providing a venue to connect creative professionals with businesses that have job opportunities.

XI) ARTREPRENEUR CONTENT

As part of the Platform, Artrepreneur offers its own content, including, but not limited to (collectively, the “Artrepreneur Content”):

These Terms govern the use and access to Artrepreneur Content. Members may comment on some of the Artrepreneur Content offered, the same being deemed Member Content hereunder. Once a visitor signs up for an Artrepreneur Member Account, such Member will be automatically enrolled in our newsletters. Visitors may also sign up for newsletters for Artrepreneur Content, if available.

As further set forth in Artrepreneur’s Privacy Policy, you may at any time unsubscribe from these, and other newsletters through an unsubscribe button found at the bottom of all newsletters.

All Artrepreneur Content is the exclusive intellectual property of Artrepreneur and its respective licensors. The views expressed are those of the authors in their personal capacities and are not necessarily those of Artrepreneur.

The information provided on the Platform, including the Artrepreneur Content, does not, nor is intended to, constitute legal advice. All materials on the Platform are for general informational purposes only. Readers should contact an attorney to obtain legal and business advice concerning any particular legal matter. All liability concerning actions taken or not taken by you based on the Platform’s contents is expressly disclaimed, and Artrepreneur shall have no liability to you regarding the same.

XII) USER CONDUCT, RESTRICTIONS, AND REPRESENTATIONS

You agree only to use the Platform as expressly permitted by these Terms, and ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOUR ACCOUNT, AT ARTREPRENEUR’S SOLE DISCRETION.

You represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform according to and comply with all of the Terms. You acknowledge that you are at least 18 years of age (or the age of majority in your jurisdiction, if older) or have a requisite parent or legal guardian consent as otherwise stated herein.

You represent and warrant that your use of the Platform, including, without limitation, uploading or posting Member Content to the Platform or selling any Artwork, will not violate any law or regulation, including, without limitation, copyright, trademark, patent, trade secret, publicity, and privacy laws, or interfere with any third party’s use and enjoyment of the Platform. You warrant and represent that you have all necessary licenses, rights, consents, and permissions in and to the Member Content (including Artwork) that you make available through the Platform and will be solely responsible if you do not have sufficient rights in and to Member Content in accordance with all other terms herein.

You represent and warrant that you will not upload payment information to your Account and/or use any debit card, credit card, or another form of payment on the Platform unless you have all necessary authorizations to do so. Artrepreneur is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or another Member that are deceptive, fraudulent, or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release Artrepreneur from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Artrepreneur of any Fraudulent Actions which may affect the Services. Artrepreneur reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any Member to engage in, Fraudulent Actions.

You further represent and warrant that you shall not at any time, without Artrepreneur’s express written consent in each instance or otherwise explicitly and expressly provided by these Terms:

(1) transfer, rent, lease, lend, sell, resell, sublicense, or otherwise commercially exploit the Platform, in whole or in part;

(2) use, distribute, modify, create derivative works from, or copy the Platform, any Account profile, or any Artwork owned or controlled by another user, in whole or in part;

(3) decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Platform or third-party services in whole or in part;

(4) develop, support, or use any software, devices, scripts, “bots,” “spiders,” or any other technology or processes to scrape the Platform or Third-Party Services or otherwise harvest data from the Platform or Third-Party Services, in whole or in part;

(5) attempt to gain unauthorized access, or permit unauthorized access to the Platform Third Party Services (including any Account) or any of Artrepreneur’s related systems or networks, or bypass any measures Artrepreneur takes to restrict access to the Platform or Third Party Services;

(6) publish or link on the Platform to malicious content intended to damage or disrupt Artrepreneur or any other third party’s software or hardware;

(7) take any action that Artrepreneur, in Artrepreneur’s sole discretion, deems to impose or to potentially impose an unreasonable or disproportionately large load on Artrepreneur’s network or systems; including, without limitation, uploading the contents of your phone as Artwork to your Account;

(8) submit or post any information or content on the Platform or Third-Party Services that is abusive, harassing, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive, including, without limitation, contacting another user of the Platform with information or content. Without limiting anything herein, Artrepreneur may remove any such Member Content (including Artwork) at any time;

(9) remove any copyright, trademark, or other intellectual property notices from the Platform or Third-Party Services, including, without limitation, any artwork copyright notices posted by any user of the site;

(10) use or attempt to use the Platform or Third-Party Services in any manner that violates any applicable law or violates or infringes the rights of any other party, including copyright, publicity, privacy, or other intellectual property rights;

(11) use the copyrighted material, trademarks, service marks, and logos of Affiliates or other third-parties, including, without limitation, the Third-Party Services, without such affiliate or licensee’s permission;

(12) Artificially collect likes, followers, or shares on the Platform, or post repetitive likes, comments, or content, or repeatedly contacting people for commercial purposes without their consent;

(13) misrepresent your identity or any biographical information in your Account; and

(14) impersonate any person(s) or entities while using the Platform, whether directly or indirectly.

You represent and warrant that if you are an Organization offering an Open Call on the Platform, you will be solely responsible for compliance with all legal requirements in connection with offering the same.

You represent and warrant that you understand that Artrepreneur is not, and does not accept to be, your data repository of record and/or a cloud-based storage website. You are solely responsible for saving backup copies of any Member Content that you upload to the Platform. Artrepreneur has no obligation to provide you with access to or backup copies of any Member Content.

You understand that the placement of Member Content, including your Artwork, resumes, and portfolios, in Artrepreneur’s search and browse results may be based on factors and algorithms that are automated and/or not available to you. As further set forth in Section XVIII (Warranties and Limitation of Liability), you understand that Artrepreneur makes no guarantees that Member Content (including Artwork) will be found in any Artrepreneur search result.

On occasion, there may be bugs or other technical issues that Artrepreneur did not catch or was unable to anticipate before releasing updates to the public. Please help Artrepreneur identify bugs or other technical issues that may have slipped through the cracks so that Artrepreneur may squash them and build a better Platform for you. Artrepreneur appreciates all assistance. Report a bug or other technical issues here.

You acknowledge that you may not use the Platform in any other way not expressly stated herein or approved by Artrepreneur in writing.

XIII) ARTREPRENEUR RESERVATION OF RIGHTS

Artrepreneur may suspend, withdraw, discontinue, limit, or change all or any part of the Platform, your access to the Platform, and your use of the Platform, without notice, for any reason, with or without cause, at any time, in Artrepreneur’s sole discretion, including, without limitation, forbidding you to access to the Platform, terminating your Account, and ceasing to market, display, and distribute any Member Content (including Artwork) that you upload to the Platform. This could include the immediate forfeiture and destruction of all information associated with your Account for the avoidance of doubt. Artrepreneur reserves the right, in Artrepreneur’s sole discretion, to change how Artrepreneur operates at any time for any reason. If your Account is suspended or terminated, Artrepreneur shall not be liable to you for your inability to access any content. Artrepreneur recommends saving backup copies of your Member Content (including Artwork) off of the Platform at all times.

Artrepreneur may reclaim any username or custom URL (such as a Showroom URL, please see Artrepreneur’s Store and Showroom Rules) at any time, which Artrepreneur believes, in Artrepreneur’s sole discretion, violates any other party’s intellectual property rights, is inactive, or has the potential to mislead or deceive other users of the Platform in any way. In the event Artrepreneur reclaims any username or custom URL, Artrepreneur will use reasonable commercial efforts to provide you with notice before such reclaiming, and you may need to create a new Account to continue using the Platform. Subject to your compliance with all other terms and conditions contained herein, Artrepreneur will attempt to reasonably assist you in transferring your Account to a new username.

Notwithstanding anything to the contrary contained herein, Artrepreneur reserves the right to remove any Member Content that does not comply with the Terms.  For clarity, if a piece of Member Content (including Artwork) violates these Terms, such as areas of a resume that promote hate speech, Artrepreneur may remove the references in question.

Artrepreneur may, from time to time, use various technologies to verify your compliance with these Terms, and you consent to Artrepreneur using any monitoring or other technology associated with monitoring your access to the Platform.

Artrepreneur explicitly reserves all rights not specifically contemplated herein related to the Platform or Artrepreneur’s business operations.

XIV) DISPUTES WITH OTHER USERS

Artrepreneur is not involved in the sale of Artwork, including, but not limited to, the payment, fulfillment, or shipping of any Artwork sold through a Marketplace or Showrooms. Artrepreneur is further not involved in the provision of Creative Services or the posting or fulfillment of any Job Posting. If you find yourself in a dispute with another user in connection with the Platform, such as an issue with a purchase or sale of Artwork, Artrepreneur encourages you to contact the other party and try to resolve the dispute amicably. Alternatively, please contact the payment processor or your credit card company to resolve the dispute.

Artrepreneur has no obligation to resolve any disputes, and you understand Independent third-party sellers sell artwork and Creative Services, and Artrepreneur accepts no responsibility for the actions of such third parties. Without limiting anything herein, you release Artrepreneur from any claims, demands, and damages arising out of disputes you have with other users or parties using the Platform.

XVII) COMMITMENT TO DATA SECURITY

As further set forth in Artrepreneur’s Privacy Policy, Artrepreneur is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Artrepreneur deems suitable. Notwithstanding the foregoing, no electronic transmission of information to Artrepreneur can be guaranteed to be 100% safe, and Artrepreneur cannot and does not ensure or warrant the security of any information you transmit to Artrepreneur. Nonetheless, Artrepreneur believes the measures Artrepreneur has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Artrepreneur is done at your own peril.

XV) WARRANTIES AND LIMITATION OF LIABILITY

WHILE ARTREPRENEUR IS DEDICATED TO MAKING THE PLATFORM AND SERVICES THE BEST THEY CAN BE, YOU UNDERSTAND THAT THE PLATFORM AND SERVICES ARE PROVIDED “AS IS, ” “WITH ALL FAULTS, ” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). ARTREPRENEUR EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ARTREPRENEUR DOES NOT GUARANTEE THAT: (I) THE PLATFORM AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM AND SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THE PLATFORM AND SERVICES WILL MEET YOUR EXPECTATIONS; (V) THAT YOUR DATA, INCLUDING YOUR MEMBER CONTENT (AND ARTWORK), WILL NOT BE LOST, AND/OR (VI) THAT THE PLATFORM WILL RESULT IN SALES OF ARTWORK FOR YOU OR RESULT IN SPECIFIC SUCCESS OR OTHER BENEFICIAL ACHIEVEMENT. YOUR USE OF THE PLATFORM AND SERVICES IS SOLELY AT YOUR OWN RISK, AND YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE OF CAUTION WHILE USING THE PLATFORM, INCLUDING ANY THIRD-PARTY SERVICES OR OTHER INTERACTIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, (I) YOU UNDERSTAND YOU MAY COME ACROSS MATERIAL THAT YOU FIND OFFENSIVE OR INAPPROPRIATE WHILE USING THE PLATFORM. ARTREPRENEUR MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT POSTED BY USERS THROUGH THE PLATFORM. ARTREPRENEUR IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT POSTED BY USERS THAT YOU ACCESSED THROUGH THE PLATFORM, AND ARTREPRENEUR IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY TO YOU REGARDING ANY SUCH CONTENT; AND (II) YOU UNDERSTAND THAT ARTREPRENEUR DOES NOT SCREEN USERS OF THE PLATFORM AND ARTREPRENEUR SHALL NOT BE RESPONSIBLE IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER INDIVIDUALS, EITHER ONLINE OR IN-PERSON (INCLUDING IN OFFLINE SALES OF ARTWORK), IN CONNECTION WITH THE PLATFORM. YOU RELEASE ARTREPRENEUR FROM ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR IN PERSON.

TO THE FULLEST EXTENT PERMITTED BY LAW, ARTREPRENEUR, NOR ARTREPRENEUR’S AFFILIATES AND LICENSEES (INCLUDING THIRD PARTY SERVICES), AND ALL OF THE FOREGOING’S RESPECTIVE PARENTS, AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES WILL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER, CAUSED AND REGARDLESS OF LEGAL THEORY OR FORESEEABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY, DIRECTLY OR INDIRECTLY ARISING UNDER THESE TERMS (INCLUDING HAVING NO RESPONSIBILITY FOR THE ACTIONS OF OTHER USERS), INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE PLATFORM OR THIRD-PARTY SERVICES, EVEN IF ARTREPRENEUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL ARTREPRENEUR’S AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE), OR PENALTIES OR LOSS EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ARTREPRENEUR IN THE TWELVE MONTHS PRIOR TO THE DISPUTE ARISING. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY STATED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.

XVI) RELEASE

Without limiting anything herein, you release Artrepreneur from any claims, demands, and damages, under any legal theory (whether actual, consequential, or both) of every kind and nature, known and unknown, arising out of or in any way connected with: (i) disputes you may or actually have with other users or parties you interact with in connection, directly or indirectly, with the Platform; (ii) items sold through the Platform, including defective Artwork, unsatisfactory Creative Services, misrepresentations by sellers, Giclée Prints, or items that caused physical injury (like product liability claims); (iii) content posted by users of the Platform; and (iv) your use of the Platform.

In connection with the foregoing, if you are a resident of the State of California, you hereby acknowledge and agree that you fully understand and expressly waive and relinquish any and all rights and benefits that you may have under California Civil Code Section 1542 to the fullest extent permitted by law. Such section states that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You waive and relinquish any right and/or benefit which you actually or may have under Section 1542 to the fullest extent as you may lawfully waive such right and benefit.

XVII) INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Artrepreneur, along with its Affiliates and licensors, and all of the foregoing’s respective parents, affiliated entities, agents, officers, directors, owners, and employees from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demand, and/or judgments, arising out of or incurred in connection with: (i) your breach of these Terms; (ii) your use, whether directly or indirectly, of the Platform, including, without limitation, your acts or omissions in the sale or purchase of any Artwork or the requesting or provision of Creative Services, including but not limited to in any injuries or damages to personal property; and (iii) your violation of any law or the rights of any third party, including but not limited to intellectual property rights.  You shall also provide the foregoing parties prompt and reasonable cooperation if any of the foregoing parties are entitled to indemnification hereunder. Artrepreneur reserves the right to handle Artrepreneur’s legal defense however Artrepreneur sees fit, even if you are indemnifying Artrepreneur, in which case you agree to cooperate with Artrepreneur. Artrepreneur reserves the right to take over the exclusive defense of any claim for which Artrepreneur is entitled to indemnification. The provisions of this paragraph are made for the benefit of all parties referenced herein, and each of these parties shall have the right to assert and enforce these provisions directly against you on its own behalf.

XVIII) GOVERNING LAW AND ARBITRATION

You consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of New York, the United States of America, applicable to contracts entered into and performed within New York and notwithstanding any conflict of law principles. These laws will apply no matter where you live in the world, subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and/or to participate in a class or representative action, and any jurisdictional and venue defenses otherwise available, excepting only that you and Artrepreneur may agree in writing that an arbitrator or judge, as applicable pursuant to these Terms, may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Any dispute arising in connection with or relating in any way to these Terms or your relationship with Artrepreneur shall be exclusively resolved and heard in New York County, New York, and will be resolved through arbitration subject to Artrepreneur’s Arbitration Policy. Notwithstanding the foregoing, for any actions not subject to arbitration in accordance with the Arbitration Policy, you and Artrepreneur agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York, including, without limitation, due to an authorized arbiter deciding that applicable law precludes enforcement of the Arbitration Policy for a particular claim of relief, then such claim (and only that claim) will be severed from the mandatory arbitration and may be brought in a court in accordance with the choice of law provisions contained herein.

Notwithstanding anything to the contrary contained herein, you may not pursue any action, regardless of form against Artrepreneur and Affiliates, including all parents, affiliated entities, agents, officers, directors, owners, and employees, in any way connected to the Platform, unless you bring such action within one (1) year following the event that gave rise to the cause of action, subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction. After such a time period has expired, you shall be deemed to have waived any such action and damages related thereto, and such actions and damages will be permanently barred.

XIX) MISCELLANEOUS LEGAL PROVISIONS

These Terms represent the entire understanding between Artrepreneur and you, superseding all prior agreements, whether oral or written, concerning your use of the Platform, including Services. The Terms shall be binding upon and inure to the benefit of Artrepreneur and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Artrepreneur’s prior written consent. Artrepreneur may freely assign the Terms. Suppose any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable. In that case, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. It will be adjusted rather than voided, if possible, to achieve the parties’ intent to the fullest extent possible. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or affect the terms’ meaning or interpretation. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration.

You agree that a violation of these Terms by you may result in irreparable harm to Artrepreneur, where monetary damages may be inadequate, and you hereby agree that Artrepreneur may seek injunctive relief without the need for posting any bond. You waive the right to seek injunctive relief against Artrepreneur, except to the limited extent necessary to enjoin the unauthorized distribution of your intellectual property.

You are responsible for all costs associated with accessing or using the Platform, and you are responsible for any system software and/or hardware compatibility requirements for the use of the Platform. Artrepreneur is a robust platform with many features that benefit Members. Artrepreneur uses a modern architecture that may not run on older devices, browsers, and operating systems. If you find that certain features or functions are not working, please ensure that your operating system and browser software are up to date.  If you are using a mobile device that is several years old, please try another device or computer before contacting support.

Notwithstanding anything to the contrary contained herein, Artrepreneur explicitly reserves all rights not specifically contemplated herein which relate to the Platform.

Without limiting anything herein, you understand and agree that Artrepreneur is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, or suspension of existing service in compliance with state or federal law, rule, or regulations.

XX) NOTICE

All notices permitted or required under these Terms must be in writing and delivered to us through Artrepreneur’s Contact Page, contacting [email protected], or by mail to Orangenius, Inc., DBA Artrepreneur, 511 Ave of the Americas, Suite #934, New York, NY 10011.

 

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Community Guidelines

Last Updated January 23, 2020

Artrepreneur is a user-generated content platform where artists, designers, art lovers, creative organizations, and other members of the visual arts community can promote creative work, buy and sell art, find opportunities, and interact with a talented group of creatives from around the world.

We hope that our platform empowers our members to pursue their creative passions. We have created these Community Guidelines to establish a Code of Conduct to foster a safe and welcoming environment that encourages and inspires everyone to be successful artrepreneurs.

All members must adhere to these Guidelines as incorporated into our Terms of Service.

USER ACCOUNTS

Anyone over 13 years old may join Artrepreneur and set up a free account.  You may join as a:

  • Visual artist
  • Buyer/browser
  • Creative organization

You may also upgrade to a paid Pro account for additional features. (See our Pricing Page for differences between account types).

Providing Basic Account Information

When joining you will be asked to provide some basic information about yourself, including your name and location. You don’t have to use your real name on Artrepreneur however, you must use a valid email address so that we can contact you.

However, members who add work to the marketplace in excess of $5,000, are required to use their legal name or corporate entity name on your account, along with other detailed information as listed in our Marketplace Rules.

You must also not impersonate other people, regardless of whether they are members of Artrepreneur or not.

Other than the basic information required during the join process, nothing else is required to set up your account. However, if you are a visual artist or creative organization, we highly recommend that you upload artwork and add relevant information to your resume, such as a personal or artistic statement, to help other members, buyers, collectors, or potential clients and employers learn more about you and your creative process.

Creating Multiple Accounts

You may create multiple accounts, in some instances. For example, you may want both a personal account and a business account, or an account that highlights your graphic design work and another for photographic work.

It is unacceptable to create excessive multiple or fake accounts, to solicit or gain an unfair advantage over other members or violate any of our Policies and Guidelines.

If you create multiple legitimate accounts, please note that each account must use a unique email address.  You will not be able to create multiple accounts with the same email. You may also add multiple email addresses to any account from your settings page.

MEMBER CONDUCT

We want all of our visitors and members to thrive in a welcoming environment where everyone feels comfortable sharing personal details, artwork, and ideas. Spammy behavior, offensive material, poor quality images, and other misuses of our platform can reduce how Artrepreneur is perceived by the public to the detriment of all of our members.

Please adhere to the following so that we can build a successful community.

Adding User Generated Content

  • Intentionally adding irrelevant and excessive keywords can result in the removal of your artworks, portfolios, or suspension of your account. Please use relevant titles and keywords or hashtags. Proper keywords and titles are critical for your work to be discovered on Artrepreneur and on public search engines like Google. Note that our automated algorithms may also penalize keyword stuffing.
  • Use proper categories to describe your artwork. Miscategorized work may be removed
  • Text entry fields, whether accessible within your account or the platform in general, should be used for their intended purpose. For example, an artwork description should relate only to the artwork presented. Use of these areas for unrelated content, including but not limited to, political messaging, requests for donations or monetary gifts, or promotion of other unrelated social causes, is prohibited and may be deleted.
  • We encourage our community to show other members their admiration by liking, adding favorites, or following members. However, abusing these actions for the purpose of artificially collecting likes, favorites, and followers or gaining an advantage over other members may result in the termination of your account. Artrepreneur has the sole discretion to determine what may be considered abuse of these actions.
  • Please follow our Image Upload Guidelines before uploading your artwork.
  • Artwork made available for sale must be done through the Artrepreneur marketplace. You may not use descriptive areas to solicit sales outside of the Marketplace.  (Note that our commission on sales is only 10% for members with free accounts) See the Marketplace Rules for more information.

Member Behavior

  • Don’t be disrespectful or use abusive language that is degrading to any of our members.
  • The harassment of our members will not be tolerated. Please refrain from making negative, abusive or threatening comments about members or their work, either on publicly available pages or private messages through our messaging system. If you feel you or someone else is being harassed, please contact us with your concern.
  • Spam & unsolicited self-promotion through our messaging system is not permitted. There are many ways to use Artrepreneur to promote yourself and your work but you should refrain from spammy behavior. This includes sending messages in bulk, especially when deceptive or commercial in nature.
  • Don’t use any undocumented or unsupported method to access, search, scrape, download or change any content on Artrepreneur.
  • We will remove:
    • sexual content that we deem to be pornographic at our sole discretion. Nudity and erotic images are permitted but may be flagged as “explicit.” Members may hide explicit content vis the switch on their settings page. If you believe that your work has been falsely classified as explicit or believe certain images should be marked as explicit, please contact support.
    • content that is purposefully offensive, illegal, or inappropriate such as statements or images that promote racism, bigotry, hatred or physical harm of any kind against any group or individual. We will work with law enforcement as necessary to address these issues.
    • content that displays, rationalizes, or encourages suicide, self-injury, eating disorders, or substance abuse. We may contact law enforcement or suicide prevention on a case-by-case basis.
    • hate speech and discrimination, whether artistic in nature or as descriptive content on your profile.
    • content in the marketplace that sells regulated goods, such as drugs, alcohol, tobacco, firearms, and other hazardous materials. Non-marketplace content that promotes the use of regulated products may be removed at our discretion.
    • any content that does not comply with our Policies and Guidelines to ensure that Artrepreneur remains safe and useful to all our members. (See the Policies and Guidelines section of our Help Center)
  • Bullying, threats of physical harm, theft, vandalism, and other financial harm will not be tolerated. This includes aggressive behavior, coercive language, or threats of using social media platforms as a means to dominate or intimidate members. This behavior will result in the termination of your account and/or contacting the relevant authorities.
  • If you use other services, such as social media platforms, to direct harassment towards our members, we will consider it a violation of these Guidelines, which may result in the suspension of your account.
  • Please follow all relevant laws and regulations.

 INTELLECTUAL PROPERTY RIGHTS

You retain the rights to your uploaded artwork and written content. However, you do grant limited rights to Artrepreneur so that we can provide the platform’s services, such as the ability to distribute your work to the public. You also grant Society6 the right to distribute your content. We will only use the rights provided to provide our services. We will not exploit your work or use it in a manner that is outside the platform’s purpose or your benefit. You can find more detailed information in our Terms of Service.

We want to help our members to become successful artrepreneurs and will do our best to provide a platform and other opportunities that can best achieve that goal.

Reporting Intellectual Property Infringement

We do not tolerate infringement of intellectual property rights. If you find that your artwork is being infringed, please see our DMCA Policy page for instructions on removing the infringing content.

Users who are found to have multiple works that infringe on the intellectual property rights of our members or continue to upload infringing content may have their account deleted, at our sole discretion.

GETTING TECHNICAL SUPPORT

We are always around to support you! You should find most answers to your question in our Help Center but if anything is unclear please contact us or send an email to [email protected]

Supported Software

Artrepreneur is a robust platform with many features that benefit our members. We use a modern architecture that may not run on older devices, browsers, and operating systems. If you find that certain features or functions are not working, please ensure that your operating system and browser software are up-to-date.  If you are using a mobile device that is several years old, please try another device or computer before contacting support.

Reporting Bugs

On occasion, we may find bugs or other issues that we didn’t catch before releasing our updates to the public. Please help us to identify the bugs that may have slipped through so that we can squash them. We appreciate your help. Report a bug here.

 

CONTACT INFORMATION

If you have any questions, concerns, or comments about pour Marketplace Rules, you may contact us using the information below:

By email: [email protected] or through our Contact Page

By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011

Privacy Policy

Last Updated April 2, 2018

This privacy policy applies to the Artrepreneur platform located at Artrepreneur.com, and all other websites, software applications, newsletters, blogs, materials, and services of Orangenius relating to our platform, whether now offered or offered at a future date. Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in Artrepreneur Terms of Service.

This privacy policy sets forth what information we collect about users of the Services and explains the choices you have about how that information is used and protected. Please read this privacy policy carefully. By using the Services, you expressly agree to the terms of this privacy policy. If you do not agree with this privacy policy, you are not authorized to use the Services. Additionally, you understand and acknowledge that your use of the Services in connection with Third-Party Services may be subject to your acceptance of additional or different the terms of service, licenses, or similar agreements for such Third-Party Services and that we do not control what terms, conditions, and privacy policies are offered by such third-parties, how a third-party manages personal information that they may collect, how a third party charges you for their services, and how and when those third parties modify or amend their terms. We encourage you to review all terms offered by a third party prior to using any Third-Party Service.

COLLECTION OF INFORMATION

Certain features of the Services may require you to submit information, including Personal Information (as defined below), as a condition of using certain features of the Services. We collect your Personal Information when voluntarily submitted by you or provided through your social media authentication login. The Personal Information you provide is used to create a user account and login credentials for the purpose of using certain features of the Services and/or fulfilling your specific requests unless you give us permission to use it in another manner. We will not collect your Personal Information unless you give it to us. “ Personal Information” means information that we can use to identify or contact you, such as your name, address, telephone number, or email address. You are responsible for ensuring the accuracy of the Personal Information that you submit to us. Inaccurate information will likely affect your experience when using the Services and our ability to contact you as described in this privacy policy.

You may choose not to submit your Personal Information to us. While your choice not to submit Personal Information may limit your ability to use certain features of the Services through the Services, it will not normally affect your ability to take advantage of some of the other features of the Services, such as browsing certain pages of the Artrepreneur website.

We may also collect Non-Personal Information (as defined below) about your use of the Services through the use of cookies, web beacons, and other similar tracking technologies (collectively “Cookies”). Cookies are useful for gathering information such as browser type and operating system, tracking the number of users of the Services, and understanding how users use the Services. Cookies can also help customize the Services for users. We may also acquire Non-Personal Information about our users from external sources. We may allow third parties to use cookies to gather information about your use of the Services. “ Non-Personal Information” means information that we cannot use to identify or contact you, including your web or mobile browser type, operating system, hardware device type, and geographic data.

The operating system and software you use to access the Services may contain features that allow you to refuse new Cookies or delete existing Cookies. Refusing or deleting these cookies may limit your ability to use certain features of the Services.

USE OF COLLECTED INFORMATION.

We will not share or disclose your Personal Information and/or Non-Personal Information to anyone except as described in this privacy policy. We use your Personal Information to personalize and improve the Services and your experiences using the Services, delivering promotions and personalized content to you, responding to inquiries and requests from you, and for administrative purposes.

In order to provide you with the Services, we may share your Personal Information with certain authorized third parties, including, without limitation, Third-Party Service providers (“ Authorized Third Parties”) who are authorized to act on behalf of Artrepreneur in connection with the Services.

If you do not want us to use your Personal Information as provided in this privacy policy, or otherwise as stated in the Terms, you should not use any specific page, feature, tool, or application of the Services that collect Personal Information, such as forms requesting Personal Information (for example, creating a Member Account).

Certain features of the Services, including, without limitation, Third-Party Services, may allow you to provide Personal Information to others, and any such Personal Information so provided to others may not be under our control.

We may use Non-Personal Information submitted by you or gathered by cookies to deliver advertisements to you on and/or off of the Services.

From time to time, we may use Non-Personal Information to conduct research surveys through email invitations, pop-up surveys, and online focus groups (each a “Survey”) for our internal use. When participating in a survey, we may ask you to enter your Personal Information. The Personal Information you submit in a Survey may be used by us and/or Authorized Third Parties for research and measurement purposes, including, without limitation, to measure the effectiveness of content and features we provide as part of the Services, Third-Party Services, and/or other websites and other services offered by us. When a Survey collects Personal Information we will not knowingly accept participants who are under the age of 13. Surveys conducted by or on behalf of us will be bound by this privacy policy. If your web browser is not enabled to accept cookies, you may not be able to participate in a Survey.

We may use aggregated Non-Personal Information in order to improve the Services, Third-Party Service offerings, and for business and administrative purposes. Non-Personal Information that we collect about you may be combined by us with other information available to us through third parties for administrative, research, and measurement purposes, including, without limitation, improvement of the Services and other services offered by us. This information from other sources may include age, gender, demographic, geographic, or other information. We may also use or share any such aggregated information that does not contain Personal Information with third parties for any purpose.

The information collected through Cookies is used primarily to improve the features of the Services and to help Artrepreneur understand how users are interacting with the Services. This information is collected for statistical analysis, to determine what information and features of the Services are of most and least interest to our users, and to improve the utility of the features of the Services.

At various times when you provide us with Personal Information and/or when, you use the Services, including, but not limited to, your attendance at any outside event affiliated with Artrepreneur, any Artrepreneur affiliated webinar, or signing up to the Artrepreneur platform via the creation of a Member Account, you will be given the option of providing us with Personal Information in order to receive recurring informational or promotional newsletters via email, or otherwise through mobile applications, from us and/or directly from third parties (“Newsletters”). When you sign up for Newsletters, or at any time you use the Services thereafter, you can choose to opt out of receiving Newsletters from us and/or third parties. You can unsubscribe from Newsletters by following the unsubscribe link included in the Newsletter. We will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from us for up to ten business days as we process your request. Third parties (including Third-Party Service providers) may also use cookies on their websites and software applications. Artrepreneur is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. You should review the terms of service, privacy policies, and other similar documents of any such third party and make your own informed decision about whether or not to continue to share your information with such third party based on their business practices.

We may transfer Personal Information as an asset in connection with a proposed or actual acquisition of Artrepreneur (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization or other change in control of Artrepreneur.

EMAILS YOU SEND TO US

This privacy policy does not apply to documents, content, business information, ideas, concepts, inventions, or other materials (collectively, “User Materials”) that you send to us by email or other electronic communications, such as through a mobile application (together, “Email”) or share with others. If you want to keep User Materials private or proprietary, do not send them in an Email to us or share them with others. Do not send us Personal Information by email.

DISTRIBUTION OF INFORMATION

We will not use, sell, transfer, or otherwise disclose your information without your consent, except as stated herein or the Terms. Additionally, we reserve the right to disclose any information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to prevent fraud, investigate actual or suspected security breaches, and for any matter involving a claim of personal safety or litigation where Personal Information is relevant. We may be obligated under certain applicable laws to notify you and the authorities in the event of a security breach.

Commitment to Data Security. 
We are committed to protecting the information we receive from you. We follow commercially reasonable technical and management practices to help protect the confidentiality, security, and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. We use security measures to protect against loss or misuse of your information (including Personal Information) and to keep it secure. Additionally, only authorized employees and third parties who need access to your information in order to perform their duties are allowed such access.

We will retain your Personal Information as long as needed to provide the Services to users and our other business purposes, but we do not guarantee that we will retain your Personal Information for any specific period of time, except as may be required under certain applicable laws. At any time you can request the removal of your Personal Information or instruct us to remove it, but you should be aware that it might not be reasonably possible to remove each and every record of the information you have provided to us from our servers and platform.

We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES.

You are responsible for authorizing, monitoring, and controlling access to your hardware systems and devices and your Member Account. Please take appropriate measures to safeguard your systems, devices, passwords, and other account information. You may access and update your Personal Information, user account settings, and your preferences to receive advertisements, Newsletters, Surveys, or other communications from us by logging in to the Services and/or by contacting us through our Contact Page. If you desire to delete any of your Personal Information, deactivate your password, or deactivate your Member Account you have provided to us from our systems, please log in to your Member Account and make your desired changes and/or contact us through our Contact Page.

CHILDREN’S PRIVACY AND PARENTAL CONTROLS

We do not solicit any Personal Information from children, and no part of the Services is directed to children younger than 13 years old. If we learn that we have collected Personal Information of a child younger than 13 years old, we will take steps to delete such information from our files as soon as possible. If you are a child younger than 13 years old, you should not submit any Personal Information to us, through any feature of the Services or otherwise. We strongly urge all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from submitting information online without parental permission or from accessing certain material on the Internet.

PRIVACY POLICY CHANGES

We may change this privacy policy in accordance with the Terms and your continued use of the Services indicates your acceptance of and agreement to any changes to this privacy policy. Notwithstanding the foregoing, if you have registered to use the Services with a valid email address, we will use our best efforts to notify you If you choose not to accept to the revised privacy policy, please delete your account. If you do not provide or maintain a valid email address, we may not be able to provide you with any notifications of changes or revisions to the privacy policy.

USERS FROM OUTSIDE THE UNITED STATES.

The Services are directed to and is for use by, only users in the United States. Use of the Services is governed by certain laws of the United States and the State of New York. If you use the Services outside of the United States, please be aware that any information we collect (including Personal Information) may be transferred to, stored, and/or processed in the United States.

CONTACT INFORMATION

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By email: [email protected]

Through our Contact Page

By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011

DMCA Policy

Last Updated April 2, 2018

Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in Artrepreneur Terms of Service.

DMCA NOTICES.

You can use the Artrepreneur automated submission form by viewing an image s thumbnail or on its art detail page and clicking the image menu, represented by three vertical dots, in the corner of the image. Then click “DMCA Takedown” and fill out the form.

Alternatively, you may submit a DMCA notice to us at [email protected]. Such notices must include the following:

1. The date of your notification;

2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA TAKE-DOWN PROCESS

If you use our automated DMCA take-down feature, the Artrepreneur platform will automatically generate an email notification to the person who uploaded the User Content referenced in the relevant DMCA notice (“ administrator”). Such User Content will be removed from the Artrepreneur platform, and the complaining party will receive an email confirmation. Both the complaining party and the administrator will receive instructions about the next steps for the relevant DMCA take-down complaint. If the administrator does not oppose the DMCA take-down complaint, such User Content will remain removed from the Artrepreneur platform. If the administrator opposes the DMCA take-down complaint, such User Content will be reinstated to the Artrepreneur platform pending the outcome of the relevant DMCA take-down complaint. If you send us the takedown via email, the process may take longer.

COUNTER-NOTICES

If you believe that your User Content that has been removed from the Artrepreneur platform does not infringe another party’ copyrights, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to post and use the content in your User Content, you may send a counter-notice containing the following information to us [email protected]. Such counter-notice must include:

1. Your physical or electronic signature;

2. A description of the content that has been removed and the location at which the content appeared before it was removed;

3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

5. If a counter-notice is received by the Artrepreneur copyright agent, Artreoreneur may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten business days. Unless the copyright owner files an action seeking a court order against the content provider, Members, or another user, the removed content may (in Artrepreneur’s sole discretion) be reinstated on the Artrepreneur Platform within a reasonable time after receipt of the counter-notice.

Contact Information 
If you have any questions, concerns, or comments about our DMCA policy, you may contact us using the information below:

By email: [email protected]

Through our Contact Page

By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011

Arbitration Policy

Last Updated  April 2, 2018.

This arbitration policy relates to disputes between Orangenius Inc. DBA Artrepreneur and users of our Services (“Disputes”). Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in the Artrepreneur Terms of Service, above.

All Disputes will be resolved by binding arbitration in accordance with this arbitration policy. You may not initiate an arbitration proceeding for any Dispute unless and until you have first notified us in writing of such a Dispute (“Dispute Notice”) and we have failed to resolve such dispute within 30 days of receiving the Dispute Notice. Dispute Notices must be sent by email to [email protected]. Arbitration awards may be enforced in the court(s) of competent jurisdiction located in New York County, NY. The provisions of this paragraph are governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq. and will survive settlement of any Dispute.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in American Arbitration Association’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that you are giving up your right to a trial in court, either with or without a jury. You also understand that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle a Dispute.

All arbitration proceedings will be conducted in accordance with the rules of and will be administered by, the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. All arbitration proceedings will be held in New York County, New York, or any other location mutually acceptable to the parties, and the laws of the State of New York will exclusively govern all Disputes. You may opt-out of this agreement to arbitrate by contacting us within 30 days of first accepting the Terms and stating that you (include your first and last name) decline this arbitration agreement. Notwithstanding anything to the contrary contained herein, in the event that this agreement to arbitrate is not found to apply to you or your claim, or is deemed not enforceable by a court or arbitrator of competent jurisdiction, you agree that such dispute will be subject to the exclusive jurisdiction of the state and federal courts located New York County, New York, and you waive any jurisdictional, venue, or inconvenient forum objection that you may have to such court.

In addition, you agree that you may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted allowed under our agreement.

Contact Information. 
If you have any questions, concerns, or comments about our Arbitration Policy, you may contact us using the information below:

By email: [email protected]

Through our Contact Page

By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011

Open Call Rules

Applying to an Open Call is easy. Just hit the “Apply” button on any Open Call page to launch the application wizard. IMPORTANT! You must be an Artrepreneur member to apply for an Open Call. If you are not currently a member, you will be directed to join after hitting the Apply button.

It’s free to join Artrepreneur, but it is up to the Open Call host to decide if an application fee is required for entry. ALL WORKS ADDED TO ANY OPEN CALL MUST ADHERE TO OUR IMAGE UPLOAD GUIDELINESCheck the specific Open Call for any additional image guidelines.  (Our Image Upload Guidelines supersede any contradictory image requirements listed in an Open Call.)

SUBMISSION STEPS

  • Applications will be submitted through the Artrepreneur platform. if you are not currently a member, you will be directed to join after hitting the Open Call’s “Apply” button. After joining, you will be redirected back to the Open Call page.
  • If you are already a Member, just click the Apply button to begin the application Wizard.
    • You will be directed to upload your Work or choose from Work you have previously uploaded.
    • The number of and types of works that you can upload will be determined by the Open Call host and listed in the Open Call.
    • If you upload multiple works to an Open Call, a portfolio including those works will be created for you.
      • You can find the Portfolio on your Portfolio page.
      • The title of the portfolio will match the title of the Open Call.
      • The Portfolio will be hidden from public view.  TO make it public, edit the Portfolio, and switch it from “hidden” to “public.”
    • When submitting a single work, a portfolio will not be created. You can find your submission in your Artwork area.
  • Simply follow the Wizard. Note that not all the available fields in the Wizard are required to submit the application but may be required by the host of the Open Call.  Please read the Open Call page carefully to ensure that your application meets the Host’s requirements or your entry may be disqualified.
  • Once completed, you will receive a confirmation email letting you know that we have received your entry.
  • To manage your application, go to the Open Call section on your Dashboard.

 

EDITING YOUR ENTRIES

See Editing Your Open Call Applications below.

SELECTION PROCESS

In general, the selection process is determined by a series of factors, such as:

  • Artistic skills
  • Creative ideas and concepts
  • Artists statement / description of the work(s).
  • The cohesiveness of the group of works submitted

However, the specific selection requirements may differ for each Open Call or for each host.  Please read the Open Call details carefully to ensure you are following the selection guidelines. 

DEADLINES

The submission timeline will be different for each Open Call.  Note that unless the Open Call has a rolling selection process, you may edit the details for your entries, such as titles and descriptions, at any time prior to the submission deadline. Note that deleting portfolios (if multiple works were submitted) or your artwork (in a single entry submission) will also delete your application. However, if you wish to replace your artwork image, you can do so from the artwork’s edit page.

WARRANTY AND INDEMNIFICATION

THE APPLICANT WARRANTS (GUARANTEES) THAT THEY HAVE THE RIGHT TO SUBMIT WORK, THAT THE IMAGE IS ORIGINAL AND DOES NOT INFRINGE THE RIGHTS OF ANY OTHER PARTY. THE CONTESTANT WILL INDEMNIFY AND KEEP ARTREPRENEUR, INC. INDEMNIFIED AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, AND COSTS (INCLUDING ANY LEGAL COSTS OR REASONABLE EXPENSES PROPERLY INCURRED AND ANY COMPENSATION, COSTS, AND DISBURSEMENTS PAID BY THE AOI ON THE ADVICE OF THE AOI’S LEGAL ADVISERS TO COMPROMISE OR SETTLE ANY CLAIM) ARISING FROM OR AS A CONSEQUENCE OF ANY BREACH OR ALLEGED BREACH OF THIS WARRANTY.

ADDITIONAL TERMS

  • Applicants are bound by these Rules and the Artrepreneur Terms of Service and Privacy Policy or any other policies found on our Policies page or FAQs.
  • Artrepreneur will not refund any Application fees once the application has been submitted. If you believe that your application should be refunded, please contact the host of this open call. You will find the contact information at the bottom of this page.
  • Applicants agree that their Submissions may be used by Artrepreneur, without reservation or limitation, for the promotion of Open Calls including but not limited to Open Call press coverage, posters or web pages that highlight past winners, related open call announcement emails, or newsletters promoting future open calls, promoting on social media platforms, and e-newsletters, etc. and thus grants Artrepreneur a non-exclusive, royalty-free, worldwide license to reproduce and distribute the works for the promotion of Open Calls or as found in our Terms of Service.
    • Artrepreneur will endeavor to use these entries in a manner consistent with the goals of this Open Call, including crediting the artist,  and will, when possible, make the artist or rights holder aware of promotional use. Should you disagree with our use of your work or the credit provided, please contact [email protected]
  • In the event that these Rules conflict with the Artrepreneur Terms of Service and Privacy Policy, the Artrepreneur Terms of Service and Privacy Policy will be considered the controlling document.
  • Artrepreneur is not responsible for incomplete, illegible, inaccurate, undelivered, delayed, or misdirected entries and reserves the right, without discretion, to modify or terminate this contest in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the contest.

 IMPORTANT:  All awards must be claimed within 30 days of being notified as a winner. For example, in certain cases, winners will receive a notification asking for an address to send the award. If the address is not received by Artrepreneur within 30 days of the notification, the award will no longer be available to the winner.

 

If you have any questions about an Open Call, please contact the host of the Open Call by clicking the contact button on their profile page. If you have questions regarding the application process or using the Artrepreneur platform, please contact [email protected].

Store and Showroom Rules

Last updated, January 18, 2022

Artrepreneur allows its Members to offer original works, limited editions, and giclée prints for sale in a variety of categories, mediums, and styles. Selling artwork on Artrepreneur will provide our members with access to a worldwide audience of potential buyers and art collectors that visit our site to buy art.

I. SELLING METHODS

Presently, there are several ways a Member can sell artwork:

  • Stores:
    • Originals and Limited Editions. Pro Members may make these artworks available for sale in the Artrepreneur Marketplace.  Payments and shipping are handled directly by the seller Artrepreneur does not get involved in the transaction although we do provide a method for the seller to be paid through PayPal, if desired. (See “Selling Direct.”)
    • Gicleé Prints. Artrepreneur members can apply to sell prints in the Marketplace. Unlike originals and limited edition works, Artrepreneur handles payments, printing, and shipping. For details on the application and production process. (See “Selling Giclée Prints.”)
  • Showrooms: Pro Members may also list artwork within a Showrooma dedicated store that only lists specific artwork from a Pro Member Account that is already available for sale in the Marketplace. (See “Managing Showrooms.”)

II. NO COMMISSIONS

Artrepreneur Members will pay NO COMMISSION on any sale, regardless of whether your sale is through the Marketplace or your Showroom. We believe that you should receive the monetary benefit for your creative work and not be penalized for your success by increased commissions for higher-priced works. Instead, Artrepreneur receives revenue either through a Pro membership or through printing fees paid by the buyer when purchasing Giclée prints. See our Pricing Page for coupons and special deals.

III. ELIGIBLE ARTWORK

What Can Be Listed for Sale

  • Physical works of art or design created by the Seller. We do not allow sales of downloadable digital images or NFTs.
  • Limited editions should be numbered editions of 50 or less with a Certificate of Authenticity that legally enforces the editions.
  • Gicleé Prints are handled by Artrepreneur and are Open Editions only.
    • You must be the copyright holder, authorized agent, or assignee of artwork to list it for sale in the Marketplace or Showroom. Artrepreneur may require proof that you are a duly authorized agent or assignee, which may include verifying your identity and proof of ownership or legal right to sell the artwork on behalf of the artist or creator. Artrepreneur has the sole discretion to determine what shall be sufficient proof.

What Cannot Be Listed For Sale

  • Public Domain Works
  • Secondary resales are not permitted by individuals, however, organizations, such as galleries or other authorized representatives, with the rights to sell artwork may do so.
  • Supplies (such as yarn, beads, canvas, paints, books, patterns, tools, etc.) may not be listed.
  • Services are not allowed to be listed in the Marketplace or a Showroom but should, instead, use our Services Board.
  • Mass-produced or commercially crafted works.
    • It is best if a seller can create their items entirely with their own hands. However, Artrepreneur acknowledges that this is prohibitive for certain types of artwork. (i.e. printing of your digital artwork, or metal casting from your handmade mold). However, these works must be limited to editions of 50 or less.
  • Non-visual-artist works, such as real estate and motor vehicles (automobiles, motorcycles, boats, etc.),
  • Digital-only items
  • Legally prohibited items for online sales, such as alcohol, tobacco, drugs, working Firearms and/or weapons, etc.

IV. DESCRIBE YOUR ITEMS ACCURATELY

To ensure that potential buyers have the requisite information about an artwork to make a purchase, Artrepreneur recommends adding as many details as possible to your artwork. Please review the Image Upload Guidelines before uploading the Artwork.  (i.e. do not upload multiple images of the same work or uncropped works) Failure to do so could result in its removal.

After uploading your artwork, an Artwork Detail Page will be created where you can add the relevant details. On the Artwork’s detail page, you’ll find content areas, such as:

  • Title
  • Description
  • Category/subcategory
  • Materials used
  • Keywords
  • Copyright information

While the information listed above is the minimum required, it is a “best practice” to add as many details as possible about you and your work as many buyers will evaluate your entire profile to ensure that purchasing your work is the right investment. An accurate and thoughtful profile and detailed artwork descriptions can mean the difference between a sale or the buyer choosing a work by another artist.

Google Shopping and Advertising. Giclée prints added to the Marketplace will be added to Google Shopping, Facebook Marketplace, Pinterest, and other social media and marketing platforms to help drives sales. Each platform will show Marketplace works to potential customers based upon matching what it knows about a customer’s likes, demographics, and other personal preferences with the information provided on the Artwork’s Detail Page. While Artrepreneur cannot guarantee that your work will be shown by these sites, you can increase your chances by including accurate details about your work.

V. ADDING ARTWORK TO THE STORES

When adding artwork to Artrepreneur, Members must first upload their work to create its Artwork Detail page, which has all the information about the work, including titles, descriptions, materials used, year of creation, and more. Please follow the Image Upload Guidelines. Artwork that does not adhere to the guidelines may be removed.

Originals and Limited Editions.  Uploaded images must accurately depict the item that you are selling. Artrepreneur is not involved in the sale and any disputes regarding falsely representing the items being sold are between the buyer and seller. However, Artrepreneur reserves the right to cancel a Seller’s account if the Seller misrepresents their work. For more details on account cancellations, please review our Terms of Service.

Giclée Prints. Artrepreneur requires images submitted for Giclée printing to meet the following requirements.

  • Dimensions:
    • Minimum Size: 2400px on each side. (8” at 300 DPI)
    • Maximum Size: 10,800px on the smallest side (36″ at 300 DPI) *
  • Colorspace: RGB
  • File Format: .jpg or .png (transparent .png images are not allowed)

After uploading your image, you will be shown the maximum print size possible for that image. If you would like to submit a larger image, you may do so, however, once your image is submitted for approval, it cannot be changed. The artwork and its detail page must first be deleted. This will remove all content for that image including removal of the work from the Marketplace if it is also being sold as an original or limited edition.  You may then upload the image again as new artwork.

Also, please note that Artrepreneur does not require printable resolution images for most features, so to ensure fast loading times for visitors to our site, we reduce the size of the initial uploaded images to no greater than 2200px on a side, discarding the original image. However, the remaining image will not meet the minimum size requirements for Giclée printing. Therefore, when submitting the artwork for approval to be sold as a Giclée print in the Artrepreneur Marketplace, you must upload a printable image again, even if it is the same one that you had uploaded initially.  

Special Consideration for Multiple Sizes: Uploading multiple images of the same work is not allowed EXCEPT when you are selling originals or Limited Editions in multiple sizes of the same work. Currently, Artrepreneur does not have a mechanism for selling original artworks in multiple sizes from the same artwork detail page. In this situation –  AND ONLY IN THIS SITUATION – you may upload the same work again to create another artwork detail page containing the same work.

However, we suggest adding the size to the title so that potential buyers, and our reviewers, can easily see the difference between the two listed items. Failure to do so could inadvertently lead to one of the Works being deleted.

Note, this limitation does not apply to Giclée Prints, where up to three sizes can be listed for sale on the Artwork Detail Page.

VI. PRICING

Original Artwork added to the Marketplace or Showroom must be sold for at least $100.00 USD. Please be aware that you will have certain fixed costs, such as printing, shipping, or transaction fees from payment providers, such as PayPal, and credit card companies. Please price your Artwork so that you do not end up owing more in fees than you are receiving from your sale.

When pricing Giclée prints, you may choose a profit to add to the printing costs for each size you choose to sell (You may choose up to three print sizes). For more details, see Selling Giclée Prints.

Please review the following additional pricing requirements:

  • Accurate Pricing. Your artwork price must be an accurate reflection of its value. Inaccurate or inflated pricing can affect all of our Members by eroding the overall confidence of buyers and collectors when looking for potential artwork to purchase. Note that Giclée Prints are unsigned and should not carry the same value as an original or limited-edition print.
    • If we believe your artwork is priced at a level inconsistent with market values or added for reasons other than a genuine attempt to sell the artwork on the Platform, it may be removed without notice at our sole discretion.
    • Artrepreneur may request additional documentation to verify the value of an artwork, such as an appraisal or proof that similar or analogous artwork created by the artist sold at comparable rates.
  • PayPal limits artwork purchases to below $10,000 USD. When selling originals and limited editions, you may choose to use PayPal as your payment method. Paypal does not accept payments above $10,000. If your artwork is priced above $10,000, only the Direct payment method will be available.

VII. SHIPPING FOR ORIGINALS AND LIMITED EDITIONS

When selling originals and limited editions, Artrepreneur merely acts as a platform to link up buyers and sellers. As such, we can offer no commissions so that you, the artist, can keep the proceeds from your creative talent.  This also means that we are not involved in the shipping or your work.

You, the seller, are responsible for both setting the shipping price and packing and shipping your artwork (or in the event of a return, a buyer). Please be sure to pack your artwork appropriately and carefully with adequate packaging so it arrives undamaged. Please note, that Artrepreneur accepts no risk of loss in connection with a seller failing to adequately package their artwork. All such issues should be resolved solely between the buyer and seller.  (Please see “I have a problem with my purchase”).

A shipping cost is added on the Marketplace Popup and will appear on the Artwork Detail page and Showroom Detail page.

Artrepreneur understands that you may not know the shipping costs because you do not know the location before someone purchases your art. You will need to estimate a cost based on the size, weight, and/or location that will cover the costs. See Selling Direct.

VIII. INSURANCE

Be aware that when shipping your own work, there may be unforeseen circumstances such as loss, damage, or theft. Unfortunately, the maximum insurance available may not cover the entire value of the artwork. For example, FedEx only permits a maximum declared value of up to $1,000 for artwork. If the artwork is more than the maximum insurance amount from your shipping carrier, you may want to consider a supplemental insurance policy or check your homeowner’s insurance policy to see if the value of the shipped artwork is included.

 IX. HOW DO I GET PAID?

Original and Limited Editions. Artrepreneur does not process payment transactions. Your payments are processed through whichever payment processor you choose (i.e. PayPal). You will control your own payment processing account. For sales made using PayPal on Artrepreneur, you will get paid directly from PayPal to your Paypal Business Account and subject to PayPal’s service terms and conditions. (See Selling Direct).

Giclée Prints. All payments will be sent to your PayPal account. If you do not have a PayPal account, please sign up for one before adding your work to the Marketplace. Please be sure that you have added your PayPal email address in the Settings or we will be unable to send your payment. Also, please be sure you check that you have accurately typed the proper email address. Once payment is made, we may not be able to retrieve funds sent to the wrong account.

 

X. INTELLECTUAL PROPERTY INFRINGEMENT

As further set out in our Terms, Artrepreneur cannot review every listing on the Platform so Artrepreneur relies on you to help Artrepreneur know if someone is listing an item that violates our Terms. If you believe your rights are being infringed upon, or have discovered a member violating our Terms, we encourage you to contact Artrepreneur at our Contact Page, or if you are the copyright holder of the work may initiate a DMCA takedown to have the work removed.

Please note as further set out in our Terms of Service, intellectual property reports should not be used maliciously or to harass other users. Artrepreneur reserves the right to delete any Member Account that uses the reporting system for anything other than its intended use or in bad faith.

As further set out below and in the Terms of Service, Artrepreneur reserves the right to remove any artwork that does not adhere to these Marketplace and Showroom Rules or otherwise violates the Terms. If you have any questions, concerns, or comments about the removal of any artwork, you may contact Artrepreneur via our Contact Page

XI. ADDITIONAL TERMS

These Marketplace and Showroom Guidelines are incorporated into Artrepreneur’s Terms of Service. By using Artrepreneur, you’re agreeing to these guidelines and the Terms. Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in the Artrepreneur Terms of Service.

All items offered for sale on Artrepreneur are subject to Artrepreneur’s staff review on a case-by-case basis. If Artrepreneur determines that any item is in violation of these Marketplace and Showroom Rules or any other Policies, the item may be hidden or removed from Artrepreneur at our sole discretion.

XII. CONTACT INFORMATION

If you have any questions, concerns, or comments about this Arbitration Policy, you may contact Artrepreneur via our Contact Page or by mail to Orangenius Inc., DBA Artrepreneur, 511 Ave of the Americas, Suite #934, New York, NY 10011.

Image Upload Guidelines

Last updated January 22, 2022

At Artrepreneur, our goal is to help you succeed in your creative career. To help you best present your work and to ensure that our members and visitors have an enjoyable user experience when browsing and searching for art, we have developed the following guidelines for artwork uploaded to our platform.

UPLOADS SHOULD BE ARTISTIC IN NATURE

Artrepreneur accepts images that promote visual artists and their creative work. Uploaded images must be artistic in nature. Non-artistic works, such as:

  • selfies,
  • Snapshots of friends and family,
  • promotional photos,
  • unintentionally tilted photos,
  • or casual photos shot without purposeful artistic intent (I.e. photos taken out the window of a moving vehicle or uploaded directly from your phone or camera without basic adjustments such as brightness, contrast, or color adjustments)

will be removed at our discretion. Merely adding an automated filter to a selfie, snapshot or other non-artistic work will not make it rise to the level of “artistic in nature” and may be removed. Any uploads that include a phone app or other computer program logo will be removed.

Images depicting pornography or hate speech will be removed. Artistic nudity or expletives will be considered on a case-by-case basis.

ARTWORK CATEGORIES

We accept images of artwork in the following creative categories:

  • Digital Art
  • Drawing
  • Graphic Design
  • Illustration
  • Maker
  • Mixed Media
  • Painting
  • Photography
  • Printmaking
  • Sculpture

When uploading your work, you will be asked to choose a category and subcategory for that work or group of works.  While you can change a works category or subcategory after uploading by editing the work or using the bulk editor in your Manage Art Area, the preferred method is to upload groups of works that each fit a specific category and subcategory. Miscategorized works may be removed at our discretion.

Note to Videographers: Artrepreneur is primarily a platform for still images and animated GIFs, but not video.  However, Pro Members can add a video to their artwork detail pages from YouTube, Instagram, and Vimeo. Videographers should upload a still image, or animated GIF of their work first. Then you can edit the artwork to attach the video sample. Note that we may not have a category or subcategory to fit your video genre.

IMAGE FILE REQUIREMENTS

Uploaded images should be in one of the following formats:  jpg, png, gif, or animated gif.

We recommend uploading large images that show off the quality of your work. However, images above 2500px wide or 2500px high will be reduced to fit those dimensions in the original ratio.

Thumbnail gallery images, such as those on the search and browse pages, may be cropped. Opening the image will show the image in its original ratio.

If you are uploading work for our Giclée Print service, use the following specifications:

  • Print Size Dimensions:
    – Minimum Size: 2400px on each side. (8″ at 300 DPI)
    – Maximum Size: 10,800px on the smallest side (36″ at 300 DPI)
    – Maximum number of pixels is 100 million (Pixel Height x Pixel Width)
  • Colorspace: RGB
  • File Format: .jpg or .png (transparent .png images are not allowed)

IMAGE QUALITY 

It’s important to upload high-quality images that accurately represent your artwork. If the digital images or photos of your work are poor, viewers will not have a good impression of your work or your talent. Images of your art should be as compelling as the work itself.

To ensure that artwork on Artrepreneur is of the highest quality, your images should adhere to the following guidelines:

  • Photos of physical works should avoid:
    • Underexposed or overexposed images
    • Poor lighting
    • Color shifts
    • Harsh shadows or reflections
    • Blur from motion or focusing issues
    • Dirty lenses or fogging
    • Tilted or rotated images. The artwork should have straight edges and corners.
  • Images should be cropped to minimize excessively larger borders or distracting elements such as hands, pets, furniture, art supplies, etc.
  • Avoid excessive image noise from upsampling or upscaling.
  • Minimize artifacts from heavy post-production processing or over-filtering
  • Use high-resolution images. Do not upload thumbnails to represent your work.
  • Images should be free from intrusive watermarks, digital signatures, or text elements, such as dates or descriptions, that are not part of the work.

CROPPING

Cropping is an important part of your composition. By trimming your image to include only the artwork, viewers can focus on what is most important, the artwork.

  • Distracting elements, such as hands, feet, tables, tile, or any other elements not intrinsic to your work, will have a negative impact on your viewers.
  • Images that include frames should be added as additional images. The cropped version without the frame should be the primary image.

Works that are not properly cropped, especially if the image is tilted or taken at an odd angle as shown in the graphic below, will likely give viewers the impression that you don’t care about how your work is perceived. If you don’t care then why should anyone else?

We suggest you always strive to give the best impression about yourself and your work. Uploading high-quality cropped images will be critical to a positive impression.

WE CAN NOT STRESS ENOUGH HOW IMPORTANT CROPPING IMAGES OF YOUR ARTWORK WILL BE TO YOUR SUCCESS. 

Cropping can mean the difference between selling your work or getting a job. Plus, it’s so simple to do on Artrepreneur.  When you upload your work, use the edit button, as shown below, to find the cropping tool.  Photographs of your work should be as straight as possible to minimize harsh angles, which will help make your images look their best when cropping.

PROMOTIONAL PHOTOS, COMPARISON SHOTS, OR MULTIPLE IMAGES OF THE SAME WORK

When uploading your work to Artrepreneur, an artwork detail page is created, which allows you to add detailed information about the work, add the work to the Marketplace, and more. Each artwork detail page is considered a unique and independent work with its own artwork ID.

Each upload should include a single work only, with the exception of before and after images to show photo retouching. Images that include multiple works may be removed.

If you wish to upload multiple images of the same work, such as:

  • uploading different views of your sculpture,
  • works hanging in a home or gallery,
  • Macro or detail shots of your work,
  • wireframes of your 3D models,
  • advertisements including your work,
  • or promotional pictures,

DO NOT UPLOAD them as individual works.  That will create independent work for each image. Instead, upload your primary image to create the artwork detail page for that work.  You can then add up to five (5) additional images to any artwork detail page from the edit screen. You can add additional images by clicking the edit button on your artwork page.

IMAGES WITH SLIGHT VARIATIONS

Curating your work is critical to this process, to help you get more gigs and notoriety as well as to ensure that our members have a great user experience when browsing art and design on Artrepreneur.

Slight variations should not be uploaded as independent artworks. If you have a series of similar images, such as a succession of photos of the same object (as shown below.), you should choose the one that you believe is the best version and upload only that version.

You may add the other versions as additional images from your artwork edit page. Slight variations may be deleted at our discretion.

UNFINISHED WORKS

Unfinished studies or other non-final images of completed works should not be added as Primary Images but as additional images. Indications that artwork is unfinished include sketches, artwork presented on lined paper, or partially rendered works. Unfinished works will be evaluated on a case-by-case basis and may be removed.

FRAMES

Images should not include frames unless the frame is part of the work. Images should be cropped to remove the frames.  The framed image can be added as an additional image on the artwork’s edit screen.  (See Adding Multiple Images of the Same Artwork.)

DUPLICATE IMAGES

Duplicate images will be removed at our discretion.

NOTICE

ARTREPRENEUR MEMBERS AND VISITORS MUST ABIDE BY ALL TERMS AND CONDITIONS FOUND IN THE ARTREPRENEUR TERMS OF SERVICE AND INCORPORATED POLICIES LISTED IN THE POLICIES AND GUIDELINES OF THIS HELP CENTER.

(Terms with initial capitalization but not defined in these Image Guidelines can be found in the Artrepreneur Terms of Service.)

Artwork uploaded to Artrepreneur is subject to staff review on a case-by-case basis. If the staff determines that a work is in violation of these Image Guidelines, the artwork will be removed. All determinations are subject to Artrepreneur’s sole discretion.

WARNING: IF REMOVED ARTWORK IS UPLOADED AGAIN WITHOUT CORRECTION OR APPROVAL FROM OUR SUPPORT TEAM, YOUR ACCOUNT WILL BE BANNED.

CONTACT INFORMATION

If you have any questions, concerns, or comments about pour Marketplace Rules, you may contact us using the information below:

By email: [email protected] or through our Contact Page.

By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011

We are a Certified B Corporation® to support a global economy that benefits all. As a purpose-driven business, we have an ongoing mission to help artists succeed and elevate everyone's life with art.

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