Terms

Terms of Service

Welcome to our Artland Terms of Service. This helps you make informed decisions about your relationship with us, so please read it carefully. This is important, so please read this and our Privacy Policy carefully and feel free to contact us if you have any questions.

Using Artland
These Terms of service (“Terms”) govern your access to and use of Artland. By accessing or using Artland, you agree to these Terms. If you don’t agree to these terms, then please don’t use the Service.

When you create an Artland profile you must provide your real name and information. When you upload a picture of an artwork on Artland you commit to keep information up-to-date ensuring the validity as best as you can. If you select an identifier for your account we reserve the right to edit, remove or reclaim it, if we believe it is inappropriate.

Any use or access by anyone under the age of 13 is prohibited.

You agree that we may automatically upgrade Artland, and these Terms will apply to such upgrades.

User generated content
Artland users may post, save, upload and/or contribute (“post”) content to the Service, including pictures, text and specifications. Anything you post or otherwise make available on our service is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post on Artland. However, you grant us a non-excusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection to Artland. This license lasts until you terminate your Artland account or delete User Content unless your content has been shared with others, and they have not deleted it.

Artland and its users may retain and continue to use, store, display, reproduce, repost, modify, perform, and distribute any of your User Content that other users have stored or shared through Artland. Furthermore, removed content may persist in backup copies for a reasonable period of time (but not available to others).

Artland is not responsible for any User Content nor does it endorse any opinion contained in User Content. We reserve the right to remove and modify User Content for any reason including User Content that we believe violates these Terms.

We value feedback from our users, and we are always interested in learning how to improve and make Artland better. If you submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation. However, we are not obligated to use comments, ideas or feedback, just as you have no obligation to offer them.

You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. Artland shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. Artland may try to restore lost data, however we do not make any warrantee to recovering or restoring lost data.

Copyright Policy
We respect the rights of intellectual property owners and expect you to do the same. Accounts with usernames or any other content that misleads others or violates another’s trademark, copyright or any other intellectual property rights belonging to a third party may be updated, transferred or permanently suspended.

Security
We care about the security of our users. We work to protect the security of your content and account, however we cannot guarantee it. Please contact us immediately if you experience any compromised or unauthorized use of your account.

Third party links, Sites, and Services
Artland may contain links to third-party websites and other events and activities that are not owned or controlled by Artland. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service or content from Artland, you do so at your own risk and you agree that Artland will have no liability arising from your use of or access to any third-party websites, service or content.

Termination
These Terms will continue to apply until your user profile is terminated by either you or Artland. Artland may terminate or suspend this license at any time with or without cause or notice to you. If you violate these Terms or otherwise create a risk or legal exposure for us, we can stop providing all part of Artland to you.

Indemnity
If you use Artland for commercial purposes as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Artland and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to your access to or use of Artland, your User Content or your breach of any of these Terms.

Disclaimers
We endeavour to provide the best service we can, but you understand and agree that the Artland service is provided “AS IS”, without express or implied warranty or condition of any kind. You use the Artland service at your own risk. Artland disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

Artland takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Artland does not guarantee, in any way that prices are valid. Use of Artland is completely at user’s risk and Artland assumes no responsibility. However, we promise to do our best every time.

Limitations
To the extent permitted by law, Artland shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your content.

General Terms
Notification procedures and changes to these Terms, Artland reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the service

CONDITIONS OF TRADE

Definitions

The Seller is the user offering an artwork for sale through Artland.

The Purchaser is the user buying an artwork through Artland.

The Artwork is the object of the agreement between the Purchaser and the Seller.

The Agreement is the arrangement, in which the Seller enters into an agreement with the Purchaser according to the purchase of the Artwork.

Artland’s position and responsibility

Artland merely holds the position of an intermediary between the Seller and the Purchaser whereas Artland through the app has provided the facilities for the Seller and the Purchaser in order for them to enter into an independent agreement.

Therefore, Artland solely has the part of a facilitator of the Agreement and may not be held liable for neither the Seller nor the Purchaser.

Entering into an agreement

The Agreement is considered a legally binding contract when the Purchaser at his request to make an offer, has accepted an offer from the Seller. The Seller’s request to make an offer is filed through Artland by establishing an advertisement at Artland. The advertisement must include a proper description of the Artwork including descriptions and photos as well as a quote of the minimum asking price of the Artwork.

In the event of more than one offer, that meets the minimum asking price quoted by the Seller, the Seller is free to choose between the offers. When the Purchaser has received notice that the Seller has accepted the offer from the Purchaser, a legally binding contract has been established between the parties.

When the Seller’s acceptance has been received by the Purchaser, the Purchaser is legally bound.

The Seller have the option to declare an Artwork eligible for offer without setting a minimum asking price meaning that the possible purchasers may submit an offer to the Seller. In this case the Seller is given the freedom to accept any offer as well as reject all offers.

The Seller as well as the Purchaser is anonymous to each other throughout the complete process. Both identities are, however, known by Artland.

Should the Agreement give reason for disputes between the parties, Artland is permitted to assign the identity of the Seller and the Purchaser, respectively, to the other party so that this party has the possibility to manage his legal position in relation to the conflicting party.

Transport

Artland arranges for the transport of the Artwork, including pick up of the Artwork at the Seller’s premises and delivering the Artwork at the Purchaser’s premises.

Unless otherwise specified Artland bears the costs of the transport and insurance of the Artwork during the transport.

Regarding some Artworks a fee for transportation will be charged by Artland. In such case the transportation charge will be shown in the description of the Artwork. If an Artwork is subject to a transportation fee the fee will be charged to the Purchaser.

The purchase price

The purchase price is the price of the Artwork agreed between the Seller and the Purchaser, meaning the offer from the Purchaser which the Seller has accepted.

Within three days after receiving the Purchaser’s acceptance, the Purchaser deposits the agreed purchase price in the account specified by Artland. In addition to the purchase price the Purchaser is to deposit an additional amount corresponding to 10 percent of the purchase price, which constitutes the Purchaser’s part of Artland’s commission.

When the Purchaser has received the Artwork and has confirmed the receiving as well as the Artwork to Artland, Artland transfers the purchase price with a deduction of 10 percent to the Seller.

Artland’s commission

Artland’s commission consists of two parts.

The Purchaser pays the first part of the commission, as the Purchaser pays 10 percent of the Purchase price in commission. This part is paid in conjunction with the purchase price, as the Purchaser pays the agreed purchase price to Artland with an additional amount equal to 10 percent of the purchase price.

The Seller pays the other part of the commission, as the Seller’s part of the commission to Artland also constitutes 10 percent of the purchase price. In connection with Artland’s settling of the purchase price to the Seller, Artland deducts 10 percent of the purchase price, whereupon the remaining 90 percent is paid to the Seller.

Change of risk

The risk of accidental demise of or damage to the Artwork is transferred from the Seller to the Purchaser at the time of Artland’s or the of Artland engaged conveyer’s retrieving of the Artwork at the Seller’s premises.

Artland is responsible for proper transport insurance covering the period from retrieving the Artwork at the Seller’s premises until delivering the Artwork at the Purchaser’s premises.

Objection to deficiency

Artland may not be held liable for any deficiencies in the Artwork, considering this is to be settled between the Seller and the Purchaser.

The Purchaser is obliged to make a complete inspection of the Artwork immediately after receiving it. Any objections against the condition or authenticity of the Artwork, or any other circumstances in connection with the transaction shall at the latest be reported to Artland five days after receiving the Artwork, as any objections after this point is considered as lapsed, as Artland at this point is permitted to transfer the purchase price to the Seller.

Any objections must be sent by e-mail to info@artlandapp.com.

If objections are made in accordance with the conditions stipulated above, Artland is committed to refund the purchase price on condition of contemporary return of the Artwork. Artland is in this case permitted to retain the received 10 percent in commission from the Purchaser to cover the costs inflicted on Artland in connection to the transaction.

Governing law and venue

Artland cannot be made part of a dispute between the Seller and the Purchaser. However, if the Seller or the Purchaser for any reason decides to bring a claim against Artland, the parties agree that the venue for such a claim is the district court of Aalborg, Denmark. Danish legislation applies in such proceedings.