Terms of Service

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CollexArt Terms of Service

Last updated 02/14/2020

Beta Terms

In addition to the Beta Terms the CollexArt General Terms in this document also apply during beta testing.

A reference to “you” or “your” in these Terms of Service is a reference to any person accessing CollexArt or using our online services, or the company or entity on whose behalf that individual is accessing CollexArt or using our online services, or a bot or programmed computer based process that is able to visit CollexArt or our online services.  Any reference to the "company", “Kodexio”, "we", "us", "our", in these Terms of Service is a reference to InfoSource, Inc. d/b/a Kodexio.

THIS ENTIRE PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO IN IT) CONTAINS THE TERMS OF SERVICE FOR USE OF COLLEXART BETA, COLLEXART.COM, COMMUNITY.COLLEXART.COM, ITS TOOLS, ONLINE SERVICES AND PROGRAMS, COLLECTIVELY IDENTIFIED IN THIS DOCUMENT AS COLLEXART.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING COLLEXART YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE SET OUT BELOW. THESE TERMS OF SERVICE CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND KODEXIO. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, ABANDON COLLEXART.

1. Beta Users

1.1 WE EXPRESSLY REPRESENT THAT COLLEXART IS NOT A FINAL WEBSITE, PRODUCT OR SERVICE, AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS.

2. Beta; Limited Warranty and Liability

2.1 Although utilizable by members and its intended audience, CollexArt is still being developed, tested and evaluated.

2.2 FOR DISCLAIMER OF WARRANTY DETAILS PLEASE REFER TO SECTION EIGHT (8) OF THIS DOCUMENT.

2.3 FOR LIMITATION OF LIABILITY DETAILS PLEASE REFER TO SECTION NINE (9) OF THIS DOCUMENT.

CollexArt General Terms

Welcome to CollexArt a website and related services developed and operated by InfoSource, Inc. d/b/a Kodexio (“Kodexio”), a business corporation in the State of Maine.  CollexArt, is designed to power an online artist curated exhibition gallery, a curated CollexArt Store, an artist marketplace, a calls for art section to receive submissions for exhibit areas and the store, and a community forum. If you become a CollexArt Store Seller, you will receive private access to additional terms specific to CollexArt Store Sellers.  

This entire document (“Terms of Service”, “Terms”), including those additional seller terms and conditions and privacy policies referenced herein represent the CollexArt Terms of Service including the Beta User Conditions. You should read carefully the entire document before using any part of CollexArt. We provide links to specific sections for your convenience but, those sections build on the terms of service of the rest of the document.

Definitions

  • "Kodexio" Any reference to the "company", “Kodexio”, "we", "us", "our", in these Terms of Service is a reference to InfoSource, Inc. d/b/a Kodexio.  Kodexio is the developer of CollexArt.
  • "Buyer" refers to anyone who purchases an item from the CollexArt Store or Marketplace.
  • "Seller" refers to an artist whose work is for sale in the CollexArt Store or a CollexArt member who is selling an item in the Marketplace.
  • "User Content" refers to any information you post, transmit or upload to CollexArt, such as photos, videos, text, messages, information, including Marketplace listings, Art call submissions, or other content or materials.
  • "Commissioned Work" refers to any artwork created, or that is in the process of creation, or agreed to be created by a Seller, at the request of a Buyer pursuant to an agreement between the Seller and Buyer.
  • "Seller Invoice"  CollexArt Store  (see section 20) sales are transactions between a Seller and the Buyer. These transactions utilize a Seller prepared online invoice that provides a way for the Buyer to send payment to the Seller.
  • "Purchase Request" is a preliminary information gathering and exchange workflow between CollexArt staff, prospective buyer and seller. A Purchase Request requires a credit card authorization hold. A purchase Request may be accepted and it results in a transaction between Seller and Buyer using a Seller Invoice.
  • "CollexArt Buyer Services" is the assistance service CollexArt offers Buyers and Sellers to facilitate the gathering and communication of related information when CollexArt receives a Purchase Request from a prospective Buyer in the CollexArt Store.
  • “Juror Quote Pages” pages that showcase artworks submitted as part of an exhibit call for entries or a CollexArt Store call for submissions. These pages feature submissions jurors found of interest and consist of an image, the juror's quote credit to the author. Juror Quote Pages are managed by the SubmitArts application CollexArt uses to manage all of its submissions.
  • "Registered Users" CollexArt users that complete the free online registration form in community.collexart.com. Registered users are subject to approval and moderation. Registered users are able to private message Sellers in the Marketplace and have access to some Forum sections.
  • "Third Party Artist" the original content creator and owner of the content a Gallery or Agency submits to CollexArt in their capacity to represent and promote such person through CollexArt.
  • "Member" CollexArt users in good standing who have signed up for one of CollexArt's membership subscription plans or have become Registered Users.

3. Your Obligations

3.1 Before becoming a Member of CollexArt, you must read and accept all of the terms in and linked to in the Terms of Service and Privacy Policy;

3.2 By using CollexArt you agree that parts of CollexArt may use tools, applications and online services, that may have other terms, or agreements, or policies that govern their online and offline availability and use. Your use of and access to these tools, applications, and online services, are subject to all terms, agreements, or policies which apply to them;

3.3  CollexArt is not available to persons under the age of 15. If you are between the ages of 15 and 18 (or between 15 and the age of legal majority in your jurisdiction of residence), you may only use CollexArt under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service;

3.4 You will keep your password secure and confidential, and you agree to use CollexArt with a private and secure connection only;

3.5 You will not try to gain access to CollexArt, in a manner that it was not designed to be accessed, including but not limited to the use of inserted URL parameters, hijacked sessions, or impersonation of others;

3.6 You will not use CollexArt to mine user data, emails, to spam others or to reverse engineer any part of the service, or to hack into, tamper with, exploit vulnerabilities, or to make any unauthorized modifications to CollexArt or any of our tools, applications or online services, or to exploit CollexArt or our online services to access unauthorized information or data;

3.7 You will not knowingly inject malicious code, viruses, or worms into CollexArt or our online services;

3.8 You will not access CollexArt or our online services using a proxy service or equivalent that masks your IP address or network;

3.9 You are solely responsible for all of your activities in CollexArt;

3.10 You will not bypass the robot exclusion headers we use or other measures we may be using to prevent or restrict access to our website.;

3.11 You will not copy, reproduce, create derivative works from, distribute, or publicly display any content (except for the information that is yours) from CollexArt without our prior express written permission and the appropriate third party permission, as applicable;

3.12 You will not remove any copyright or other proprietary information from any part of CollexArt or our online services;

3.13 You will not upload any material, or use CollexArt or our online services in any way, which infringes the intellectual property rights of others, is indecent, obscene, offensive, threatening or defamatory, is false or misleading;

3.14 You will not use CollexArt or our online services for purposes that are unlawful or that may adversely affect our reputation or interests;

3.15 You will not use CollexArt or our online services for purposes that may adversely affect the reputation or interests artists or artworks we feature;

3.16 You will not take any action that may result (determined in our sole discretion) in a disproportionate load or activity on CollexArt or our services; and

3.17 When registering in CollexArt you will choose a screen name or username that does not contain any of the following: other user names, company names, website names, email addresses, vulgarity or profanity, special characters such as @ / ? # $ % & ^ etc.

4. User Content

CollexArt enables some of its users and Members to upload, post and transmit photos, videos and other allowed content formats to the site, services, applications or tools subject to certain limitations and requirements;

4.1 When providing CollexArt with User Content, you retain all intellectual property rights in and to any User Content you post, upload, or otherwise make available through CollexArt, including the copyright in and to your photos and videos. Kodexio does not claim any ownership, right, title, or interest in and to your User Content. Notwithstanding the foregoing, by uploading and/or posting any User Content to CollexArt, its tools, applications and online services, you grant us an irrevocable, perpetual, world-wide, royalty-free, non-exclusive license (with the right to sub-license) to copy, edit, distribute and display your User Content to the extent necessary for us to: (i) operate and manage CollexArt and our online services; (ii) enable you to obtain the benefit of CollexArt and our online services; and (iii) provide services to third parties;

4.2 You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to publish, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you provide is not violating the intellectual property rights or moral rights of any other party;

4.3 By posting an image, video or sound track ("Media") in CollexArt, or participating in our Art Calls you agree that versions of your image or Media and related User Content may be re-posted throughout CollexArt, our services, tools or applications, or displayed in related CollexArt websites (including those that advertise CollexArt as a service or advertise the works listed in CollexArt or the artists in CollexArt) without further notice;

4.4 Kodexio has the right, at any time, to remove your User Content stored in CollexArt in excess of any content limits CollexArt may impose. Further, if Kodexio were to terminate an account for any reason, all User Content associated with such an account may be removed. While Kodexio will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the address you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof; and

4.5 If you are a Gallery, Agency or an Agent providing any User Content to CollexArt on behalf of a Third Party Artist,  you represent and warrant that: (i) any User Content you upload is provided to CollexArt with the knowledge and permission of the Third Party Artist; (ii) You have verified and can provide proof within 3 business days that the Third Party Artist or you have ownership, and all the necessary rights to including copyright, in the User Content; and (iii) the User Content you provide CollexArt is subject to the same Terms of Service of other User Content in 4.1, 4.2, 4.3, and 4.4.

5. Intellectual Property and Marks

5.1 THE MATERIALS CONTAINED IN COLLEXART ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW;

5.2 You must not copy, reproduce, transmit, display or otherwise distribute any of our Intellectual Property in whole or in part without our prior written consent, which we may give or withhold at our sole discretion; and

5.3 You acknowledge that "Kodexio", the Kodexio logo, "CollexArt", the CollexArt logo, the look and feel of the site and any other Product or Service names, logos or slogans of either Kodexio or CollexArt contained in the Services are trademarks of Kodexio (collectively, the "Marks") may not be copied, imitated or used without the prior written permission of Kodexio.  All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners.

6.Links

6.1 You may create a text hyperlink to CollexArt, provided such a link does not portray CollexArt or Kodexio or any of its Products or Services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Kodexio at any time. You may not frame any part of CollexArt or utilize framing techniques to enclose the CollexArt Materials, CollexArt Marks, or other proprietary information without Kodexio's express prior written consent;

6.2 CollexArt may provide you with access to and use of Juror Quote Pages and their corresponding web addresses ("URLs") that you may share. We do not guarantee the availability of any particular web page or URL and reserve the right, at any time and at our sole discretion, to reclaim, suspend, terminate or transfer any such web page or URL; and

6.3 CollexArt has not reviewed all of the sites linked to and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by CollexArt of the site. Use of any such linked website is at the user's own risk;

7. Membership Services Requiring Payment

7.1 CollexArt offers free accounts with different levels of access and features to artists featured in the exhibit area, Buyers who have completed a CollexArt Store artwork purchase transaction, Registered Users, and selected FolioLink clients. FolioLink is a Kodexio service designed to help artists build and manage their websites;

7.2 CollexArt offers several levels of paid memberships that provide users access to restricted features such as the Marketplace, Store, Art Calls and Forum areas. The fees for paid CollexArt membership subscription (as amended from time to time) are shown at CollexArt Plans;

7.3 Fees must be paid annually in advance by electronic payment using the renewal buttons;

7.4 You may cancel your paid membership account by giving us thirty days written notice, however we do not offer refunds for unused portions of your subscription;

7.5 CollexArt reserves the right to suspend or terminate any free account for any reason in its sole discretion and without advanced notice. We are not responsible for any damage or loss resulting from the termination or suspension;

7.6 CollexArt reserves the right to suspend or terminate any Member account that we consider is in breach of these Terms.  If we suspend or terminate your account or access to CollexArt and our online services, you must not attempt to circumvent this action by registering or attempting to register on our online services under alternative username(s); and

7.7 CollexArt reserves the right to suspend or terminate any work in an exhibit or an artist profile for any reason in its sole discretion and without advanced notice. CollexArt is not responsible for any damage or loss resulting from the termination or suspension of artwork(s) in an exhibit, termination of or suspension of an exhibit, or removal of an Artist Profile.

8. Disclaimer of Warranties

8.1 Notwithstanding the limited liability and warranties in the CollexArt Beta User Conditions in section 2, you acknowledge that the materials in CollexArt are accessed at your own risk, and that they are provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, Terms of Service including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property or other violation of rights. Further, Kodexio does not represent or warrant that the CollexArt materials or the services are accurate, complete, reliable, current, or error-free or that the services, its servers, or email sent from Kodexio or the services are free of viruses or other harmful components.

9. Limitation of Liability

9.1 Kodexio is not responsible for typographical errors or omissions relating to pricing, text, photos, or Media. Kodexio also makes no representation or warranty regarding the availability, reliability, or security of CollexArt and will not be liable for any unauthorized access to or any modification, suspension, unavailability, or discontinuance of the services or the products provided thereon; and

9.2 To the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any losses or damages (including, but not limited to, loss of profits, money, goodwill or reputation, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (i) our use of or your inability to use CollexArt;(ii) Delays or disruptions in CollexArt, its services, applications, or tools; (iii) Viruses or other malicious software obtained by accessing CollexArt, its services, applications, or tools or any site, services, applications, or tools linked to CollexArt, its services, applications, or tools; (iv) Glitches, bugs, errors, or inaccuracies of any kind in CollexArt, its services, applications, and tools or the information and graphics obtained from them; (v) Damage to your hardware device(s) or loss of data that results from the use of CollexArt, its services, applications, and tools; (vi) The content, actions, or inactions of third parties, including items listed using CollexArt, or tools, feedback, risk scores, provided by third parties, or the destruction of allegedly fake items; (vii) A suspension or other action taken in relation to your Member account; (viii) The length of time or manner in which your listings appear in search results. CollexArt's decision to remove or end your listing(s); and (viii)Your inability to follow your choice of method or business or behavior, as a result of changes to our Terms of Service or our policies; CollexArt reserves the right to modify its policies and this Terms of Service at any time consistent with the provisions outlined herein.

10. Indemnity

10.1 You will indemnify and hold us (and our subsidiaries and affiliates, and our and their respective directors, officers, employees, and agents) harmless from any demand or claim, including reasonable attorneys' fees, made by any third party arising out of or due to your breach of this Terms of Service Agreement, your improper use of CollexArt, any User Content you post or otherwise transmit in or through CollexArt, your use of or inability to use CollexArt, and/or your violation of any law or the rights of a third party.

11. Release

11.1 If you have a dispute with one or more Members or users, you release us (and our subsidiaries and affiliates, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Modification, Suspension and Account Access

12.1 Kodexio reserves the right to modify or discontinue our online services at any time, without needing your consent, unless otherwise agreed;

12.2 We may suspend access to our online services at any time to carry out maintenance, install modifications or updates, or to fix errors. We do our best to give notice detailing the time and duration of any downtime; and

12.3 From time to time we may need to troubleshoot or test the system and to do so we may need to login with your account and access password protected areas in your account (backend areas). You give the CollexArt staff and service providers permission to access your account for any reasons it deems at its sole discretion necessary, including for customer support, testing, troubleshooting, software enhancements, to enforce any part of the Terms of Service, to remove content in violation with Terms of Service or in reference to a copyright claim notice pursuant to the United States Digital Millennium Copyright Act, any service or software development efforts, fraud prevention efforts, etc.

13. Choice of law and Dispute Resolution

13.1 Your use of the Services is subject to all applicable local, state, national, and international laws and regulations. The Terms of Service and your use of CollexArt will be governed by and construed in accordance with the laws of the State of Maine applicable to agreements made and to be entirely performed within the State of Maine, without regard to its conflict of law provisions.

14. Agreement to Arbitrate & Waiver of Representative Actions

14.1 PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KODEXIO AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION, YOU ARE NOT PERMITTED TO USE COLLEXART;

14.2 You and Kodexio agree to arbitrate any dispute arising from these Terms of Use or relating to CollexArt, or CollexArt Materials. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Kodexio agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Cumberland County, Maine; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA's rules are available at www.adr.org. Other than class procedures and remedies described in these Terms of Service, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Notwithstanding the foregoing, you and Kodexio are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for (1) the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents or (2) allegedly criminal conduct under laws of the United States or any state thereof including, but not limited to, criminal laws addressing pornography, exploitation, obscenity, or hate speech;

14.3 The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND KODEXIO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KODEXIO AGREE OTHERWISE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER KODEXIO OR COLLEXART USERS; AND

14.4 Unless you and Kodexio agree otherwise, in the event that a court decides that any part of this Section is invalid or unenforceable, you agree that any claim or dispute that has arisen or may arise between you and Kodexio must be resolved exclusively by a state or federal court located in Cumberland County, Maine. The remainder of the Terms of Service will continue to apply. You and Kodexio agree to submit to the personal jurisdiction of the courts located within Cumberland County, Maine, to litigate all such claims or disputes.

15. Assignment

15.1 These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without CollexArt's prior written consent. CollexArt will be permitted to assign its rights under these Terms of Service at its sole discretion.

16. Changes to the Terms

16.1 CollexArt.com may revise the Terms of Service for CollexArt at any time posting notice in the Terms of Service link in the footer of CollexArt pages. By using this website, you agree to be bound by the then current version of the Terms of Service. We may also ask you to acknowledge your acceptance of the Terms of Service through an electronic click-through. This Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter.

17. Revisions and Errata

17.1 The materials appearing on CollexArt website could include technical, typographical, or photographic errors. CollexArt.com does not warrant that any of the materials on its website are accurate, complete, or current. CollexArt may make changes to the materials contained on its web site at any time without notice. CollexArt does not, however, make any commitment to update the materials.

18. Exhibits & Artist Profiles

18.1 The purpose of the CollexArt curated online exhibit areas is to showcase artworks we select through our art calls and on occasions through direct contact with artists.  Exhibited art may be offered for sale by the artist using CollexArt Store tools;

18.2 CollexArt is not liable for any decision by our selection staff and/or guest jurors to: (i) consider or not consider, or (ii) approve or not approve, a submission through our Art Calls; and

18.3 CollexArt maintains artist profile pages for selected artists. The content in the artist profiles is based on contents submitted by the artists. It is the responsibility of the featured artists to revise the profile contents for correctness and errors and to promptly inform us of such issues.

19. Art Commissions

19.1 Prospective Buyers may inquire about opportunities to commission artworks from participating CollexArt Store artists via a form in the Artist Profile Page. Art Commissions at the request of a Buyer are pursuant to an agreement crafted and entered into by and between the Seller and Buyer;

19.2 The CollexArt Art Commission request workflow involves the following steps: (i) Buyer who wants a Commissioned Work will initiate a request by completing the required form in the Artist Profile page; (ii) A commission ticket will be handled based on the information provided by Buyer through the [form] and provided to the Seller; (iii) the Seller who accepts the proposal of Buyer will then engage Buyer to establish the terms related to the proposal for Commissioned Work; (iv) If an agreement is reached, Buyer shall pay the Art Commission Fee(s) in the schedule Buyer and Seller agreed to and Seller should create the commissioned work providing Buyer regular status updates; (v) Upon completion of the Commissioned Work, there is a period of review in accordance with the agreement entered into by and between the Buyer and Seller; and (vi) Upon approval of Buyer, Seller shall arrange for transportation of the Commissioned Work to Buyer and the remaining Commission Fee shall be released to Seller, and Ownership shall be transferred to Buyer;

19.3 Should any dispute arise between the Buyer and Seller related to Commissioned Work, CollexArt shall in no way act as an intermediary or arbiter. Disputes between Buyer and Seller shall be resolved by and between the Buyer and Seller in accordance with any agreement entered into between the Buyer and Seller/Artist and/or in accordance with the applicable governing jurisdiction;

19.4 Due to the nature of Commissioned Work, Buyer should not expect returns of Commissioned Work offered or accepted unless such terms expressly allow it in any agreement entered into between the Buyer and Seller; and

19.5 CollexArt offers no Buyer Satisfaction Guarantee on Commissioned Works.

20. Art Store & Purchase Requests

20.1 The CollexArt Store is a venue for buying and selling artworks curated by CollexArt staff and/or Guest Jurors. The CollexArt Store offers United States Buyers with pre-sales assistance referred to in this document and other areas as CollexArt Buyer Services. As of this version of the terms, Buyers based in locations outside the United States are not eligible to use the CollexArt Store.    Any inquiries received from such Buyers will be referred directly to the respective Sellers for handling outside CollexArt. These Terms of Service govern aspects of a transaction between Buyers and Sellers in the CollexArt Store;

20.2 All sales in the CollexArt Store are made between the Buyer and the Seller.  CollexArt staff act solely as a conduit of pre-sale information for both parties. This assistance to Buyer and Seller by CollexArt Staff, as well as automated processes in the CollexArt Store to gather Buyer information, will be collectively referred to as "CollexArt Buyer Services;"

20.3 Artworks for sale in the CollexArt store have no buy now option. Instead items have a "Purchase Request" button. When a buyer completes the online Purchase Request submission, CollexArt staff receives the request including Buyer's shipping, billing and credit card information. Simultaneously, CollexArt will issue a Buyer's credit card hold in the amount posted for the items in the Buyer's cart. CollexArt issues an authorization hold but no funds are transferred. An approved authorization hold may last up to 14 days, but Buyer may request to cancel it at any time. A successful credit card authorization hold is a necessary step for CollexArt staff to start the Purchase Request workflow described below;

20.4 While CollexArt offers Buyer Services that are of value to both Buyer and Seller, CollexArt is neither a Buyer's agent nor a Seller's agent. CollexArt Buyer Services' objective is in delivering information identified below to both parties;

20.5 The information we deliver to Buyers after a Successful Purchase Request, and subject to Seller's timely disclosure, includes the following: (i) artwork's availability; (ii) artwork's condition statement; (iii) artwork's certificate of authenticity or sample specimen; (iv) artwork's additional requirements i.e. needs to be varnished, framing options if any, shipping limitations, etc.; (v) Seller's final quote including shipping costs, insurance and related purchase options; and  (vi) Seller's direct contact information provided by Seller in Seller's online Invoice;

20.6 The information we deliver to Sellers after a Successful Purchase Request, and subject to Buyer's timely disclosure, includes the following: (i) General location of Buyer; (ii) prior Buyer's CollexArt purchase history if any; (iii) artworks in Buyer's Purchase Request and any requests for additional information; and (iv) if Seller requests to proceed with a sale, CollexArt provides Seller with Seller invoice guidelines and Buyer's contact, billing and shipping information as provided to CollexArt in the Buyer's Purchase Request;

20.7 As part of a Purchase Request CollexArt submits a Buyer Credit Card Authorization Hold.  The information CollexArt receives from the Authorization Hold may be used to determine if a Purchase Request is successful.  Only successful Purchase requests are communicated to Sellers;

20.8 Buyer and Seller guarantee to protect and keep confidential any and all sensitive information learned from the other party during a CollexArt transaction or in the process of considering a CollexArt transaction;

20.9 Buyer will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made in connection with Seller's performance or Seller's use of Buyer's Purchase Request information;

20.10 Seller will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made in connection with Buyer's performance or Buyer's use of Seller's information;

20.11 Seller agrees to offer a return policy ("Return Policy") consistent with the payment method offered to Buyer in Seller Invoice;

20.12 Buyer agrees to pay for return shipping and insurance costs when Buyer requests a return because of Buyer's change of mind. Buyer’s return shipping may be covered by CollexArt Buyer's Satisfaction Guarantee that covers up to $300 of the return shipping costs when a buyer returns an item because of Buyer's change of mind.  To take advantage of CollexArt's Buyer Satisfaction Guarantee, Buyer needs to send a reimbursement request to info@CollexArt.com no later than 7 days after receipt of the artwork purchased and prior to shipping it back to Seller. The request needs to include a return tracking number, copy of the Buyer's original return requests to Seller, copy of related Seller Invoice, Buyer written documentation stating the reason for the return.  CollexArt will pay Buyer up to $300 of return shipping fees once it receives and approves Buyer reimbursement request and after receiving confirmation from the Seller and shipper (via tracking number) that all items in the order were received by Seller and they are in the same condition they were originally shipped. If the return is partial then the Buyer Satisfaction Guarantee will be reduced proportionally with the value of the returned item as a fraction of the original order. The Buyer Satisfaction Guarantee is not available if Buyer returns an item before notifying CollexArt and receiving approval;

20.13 Seller agrees to pay for return shipping and insurance costs when a Buyer returns an item for reasons other than Buyer's change of mind. For example, when item is not as described, when the item is damaged in shipping, etc. Any disputes or claims related to shipping must be resolved between the parties and CollexArt shall play no part;

20.14 Seller's Return Policy must be referenced in Seller's Invoice as well as the CollexArt Buyer Satisfaction Guarantee;

20.15 CollexArt provides a site for Sellers to showcase selected works and for Buyers to inquire about artworks, however CollexArt has no ownership in any of the artworks and is not a Seller and is not able to transfer ownership on anything purchased by Buyer. CollexArt identifies Sellers by name on each Store artwork page. Final purchase transactions are between the Seller and Buyer through a Seller Invoice and CollexArt is not a party to the transaction;

20.16 Sellers agree to issue Seller Invoices using a supported payment processing system such as PayPal or Stripe. In some cases, Sellers may request in the Seller Invoice a wire transfer payment. Such requests may be done outside the hosting environment of the payment processing systems previously mentioned;

20.17 Buyer acknowledges that CollexArt and/or Seller may deny a Purchase Request for any reason and without advance notice. CollexArt may decide to not pass on a Purchase Request to a Seller if its missing important information, fails a credit card authorization hold or it has risk information CollexArt in its sole discretion considers negative. CollexArt will try to inform Buyer when a Purchase Request is declined but is not required to do so. CollexArt's acceptance of Buyer's Purchase Request is no guarantee of Seller's acceptance;

20.18 Buyer or Seller may direct CollexArt to cancel a Purchase Request at any time prior to Buyer's payment of a Seller Invoice. Canceling a Purchase Request releases any credit card authorization holds within two business days of written notification to info@collexart.com;

20.19 Upon acceptance by Seller of a Purchase Request, and prior to Seller preparing a Seller Invoice, CollexArt will cancel the related Buyer's credit card authorization hold and will send to the Buyer notification that the Purchase has been accepted. The CollexArt Store will show the related artwork(s) with a status of "Pending";

20.20 Upon Seller acceptance of a Purchase Request, Seller will have five business days to prepare Seller Invoice;

20.21 Upon receipt of Seller's Invoice, Buyer shall have five days to pay in full using the provided payment button;

20.22 Once payment is received by Seller, Seller will have up to fifteen business days to prepare and ship the order;

20.23 If an order is canceled before it is shipped, Seller will refund to Buyer's original form of payment the amounts previously received;

20.24 If a Purchase is canceled after the item is shipped, but before it is received by the Buyer, the Buyer is responsible for returning the items. The return shipping fees are not subject to CollexArt's Buyer Satisfaction Guarantee;

20.25 CollexArt may assist Buyer and Seller with the items outlined in the CollexArt Buyer Services, Purchase Request and with Buyer Satisfaction Guarantee returns. All disputes between Buyer and Seller are handled directly between Buyer and Seller. Buyer and Seller agree to release Kodexio (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any dispute, claim or demand, including reasonable attorneys' fees, if your Store transaction is unsatisfactory;

20.26 Information CollexArt provides to Seller or Buyer cannot, under any circumstances, be used for any purpose other than to fulfill the requirements of a Purchase Request, issue a Seller Invoice, make payments, or handle shipping or returns logistics. Seller agrees to ensure the security of all Buyer information and unless required by law or authorities, Seller will only use this information to carry out and track Purchases;

20.27 A Buyer account is created when the Buyer submits a successful Payment Request. This account gives the Buyer access to parts of the CollexArt Community Forums. Buyer can request to terminate the Buyer account at any time but CollexArt will keep Purchase Request history;

20.28 Authorization hold credit card numbers are not collected by CollexArt and are stored securely by the payment processing companies;

20.29 Buyer agrees that neither CollexArt nor Seller are responsible to satisfy any Buyer local or governmental fees or taxes that result from your purchase of the artwork; and

20.30 Buyer agrees not to return any items directly to CollexArt.  CollexArt Store transactions are between the Buyer and Seller.  Any shipments not previously approved by CollexArt will be refused at the door.

21. Marketplace & Gift Shop

21.1 The CollexArt Marketplace ("Marketplace") allows qualifying Members to advertise and sell specific types of items as documented in the Marketplace guidelines. Items in the Marketplace must be offered for sale in fixed price formats. Anyone who registers in CollexArt may contact a Marketplace Seller via private message (PM) to inquire about a specific listing and to request payment information;

21.2 CollexArt is not involved in Marketplace transactions.  Any information we provide relative to pricing, shipping, or other guidance we provide for Marketplace transactions, Marketplace listings, Marketplace services, Marketplace applications, or Marketplace tools is solely informational. As a Marketplace user, you can choose not to follow such guidance at any time;

21.3 We do not guarantee or warrant that any particular results will be achieved from following the guidance we provide (e.g., that your Marketplace listing will sell, that a specific Marketplace shipping option is the least expensive, that a payment method offers insurance, etc.) We do not have control over nor do we guarantee the existence, quality, safety, or legality of items advertised in the Marketplace; the ability of Buyers to pay for items; the ability of Sellers to sell items; the truth or accuracy of users' content or listings; or that a particular Buyer or Seller will actually complete a transaction or return an item;

21.4 You agree that you are selling and buying in the Marketplace at your own risk. We strongly suggest that you only conduct transactions using an insured method of payment and avoid communication outside of the system (i.e. direct email communication). IF YOU ELECT TO CONDUCT A TRANSACTION THROUGH INFORMATION OBTAINED IN THE MARKETPLACE, YOU DO SO KNOWING AND ASSUMING THE RISKS INVOLVED;

21.5 You agree to release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, if your Marketplace transaction is unsatisfactory;

21.6 Listing an item in the Marketplace requires a CollexArt membership plan that allows posting for sale items in the category you select. You agree to pay, if required by your membership level, a non-refundable membership fee;

21.7 You assume full responsibility for the contents of your listings and agree to list only articles that match the listing guidelines posted for the category you select;

21.8 CollexArt reserves the right to delete or suspend your listing or listings for any reason at any time and without advanced notice;

21.9 Whether and where your item listing appears in search and browse results may be based on a number of factors including, but not limited to, membership level, account status, listing format, title, tags, contents, feature status, creation date, price, shipping cost, and feedback. We do not guarantee a position or a listing's specific visibility within the Marketplace;

21.10 When listing items in the CollexArt Marketplace, you agree that: (i) you are responsible for the content, description, and accuracy of the listing and item offered; (ii) your listing may not be immediately be searchable for up to 24 hours or more; (iii) CollexArt cannot guarantee exact listing duration; (iv) you will list all items with fixed prices (i.e., no send me an offer solicitations); (v) content that violates any of CollexArt's policies may be modified, suspended or deleted at our own discretion; (vi) you will work to drive positive user experience; (vii) you will not create duplicate listings or listings that create confusion or are not a good match, i.e., the same item offered at different prices or a listing that indirectly advertises an external service or product, and (viii) metatags and URL links that are included in a listing may be removed or altered for compatibility with third-party search engine results;

21.11 All sales are final in the Marketplace. Before committing to buy, you are responsible for reading the full item listing and examining all of its images. Unless stated otherwise, by making a commitment to buy an item in the Marketplace, you are committing to purchase the item from the Seller. If you make a commitment to purchase an item, you enter into a legally binding contract directly with the Seller. We do not transfer legal ownership of items from the Seller to the Buyer;

21.12 The A & C Shop is a restricted area of the Marketplace, reserved for qualifying or promoted Member account types. Posting in the A & C Shop section is always moderated as the CollexArt staff wants its contents to match selection criteria used in other parts of CollexArt. Members are allowed only a certain number of A & C Shop posts for consideration per month. There is no guarantee that any of your posts targeting the A & C Shop will be accepted. CollexArt staff uses a very selective criteria to accept items for sale in the A & C Shop. Items offered for sale in the A & C Shop must already exist (i.e. they are not made to order) and they should be available for immediate shipping;

21.13 You agree that while using the Marketplace or the A & C Shop, you will not do the following: (i) post content or items in inappropriate areas or categories of the Marketplace; (ii) violate our policies, any laws, or any third party rights; (iii) use our services, sites, tools or applications if you are not able to form a legally binding contract or are indefinitely or temporarily suspended from using our services, sites, applications, or tools; (iv) fail to deliver payment for the items you purchased unless the Seller materially changed the item's description after you bought it, or a clear typographical error was made, or you are unable to contact the Seller; (v) fail to deliver the items the Buyer purchased from you unless the Buyer fails to meet the posted terms, or you are not able to contact the Buyer; (vi) manipulate the price of items or interfere with another user's listings; (vii) circumvent or manipulate our membership plans, the billing process, or fees owed. (viii) post misleading, false, inaccurate, defamatory, or libelous content; (ix) take any action that could undermine the feedback or rating systems (such as importing or exporting feedback information off of the sites or displaying it, or using it for purposes unrelated to the Marketplace; (x) circumvent any CollexArt policy or determinations about your account status such as indefinite or temporary suspensions, or other account holds, limitations or restrictions; (xi) post content that is obscene, pornographic, indecent, lewd, including without limitation photos, videos, or other User Content; (xii) transfer by any manner any information on your CollexArt account (including account Feedback) and your user ID to another individual or party without our consent; (xii) Post or distribute spam, unsolicited or bulk electronic communications, chain mail, or pyramid schemes; and (xiii) harvest or collect data about users, including email addresses;

21.14 The Marketplace is reserved for individuals making purchases for personal use and selling personal items. The Marketplace is not intended for commercial sellers, product agents or as a platform for entities to sell their commercial goods unless previously approved by us in writing and disclosing this fact in the listings as required by us.

21.15 Your listings may require moderation either while you are a new Member or until you reach a certain Reputation Level as determined by us. Moderation requirements may differ from one section of the marketplace to another. For example, all A & C Shop postings are moderated;

21.16 The Marketplace uses tools that allow Buyers to provide Seller feedback with a link to the item they purchased. You agree to use the feedback feature in a responsible and professional manner; and

21.17 CollexArt, may remove feedback you post for any reason, in its sole discretion and without advance notice.

22. Art Calls

22.1 CollexArt conducts call for entries ("Art Calls") on an ongoing basis to find new artworks that may be featured in CollexArt exhibit areas and/or offered for sale directly by artists in the Store. Art Calls for exhibit consideration offer winner(s) a purchase award and eligibility in CollexArt's Annual Grand Prize Award. CollexArt Art Call participants and winners may receive additional benefits. The Art Call description documents submission rules, awards and additional participant benefits in each Art Call event page;

22.2 CollexArt uses SubmitArts Beta, a Kodexio developed submission management system currently subject to the same Beta User Conditions described in section 2;

22.3 SubmitArts, as used by CollexArt, should be considered a CollexArt application subject to these Terms of Service;

22.4 Content you upload using SubmitArts for consideration in CollexArt is considered User Content;

22.5 The SubmitArts application requires that you create an account separate from your account in CollexArt. The SubmitArts account allows you to manage work you submit to Art Calls;

22.5 SubmitArts has functionality that allows jurors to showcase and write Juror Quotes.  Juror Quotes are a form of recognition by Jurors for items in an Art Call submission they find of particular interest or relevance. With your permission, we may showcase your Juror Quotes;

22.6 CollexArt is not liable for any decision by our Guest Jurors or staff to: (i) consider or not consider, or (ii) approve or not approve, a submission through our Art Calls, (iii) or the quality or method used to establish a selection criteria;

22.7 CollexArt reserves the right to reject or terminate a submission for any reason it deems necessary without advance notice;

22.8 CollexArt Art Calls require payment for participation either through a CollexArt membership with Art Call submission rights or as a one time or non-member participant. Entry fees are not refundable unless CollexArt is unable to review your submission because of CollexArt technical errors; and

22.9 SubmitArts may have additional Terms of Service as it can be used for Art Calls and events not related to CollexArt.

23. Community Forum

23.1 CollexArt offers various subject based Forums for Members to engage, post project ideas, seek advice or feedback, showcase their studio, make announcements and more. CollexArt and its Members and registered users (the "Community") all must work together to keep the CollexArt Community Forums working in a respectful and safe manner.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, inappropriate, discriminatory, harassing, threatening, offensive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  Please report offensive content, problems, and policy violations to us via PM or by sending an email to info@collexart.com;

23.3 The efficiency and speed of CollexArt is important and therefore posting content in Forums comes with size and quantity limitations. In addition, new postings and replies may require moderation.  We don't allow discussion of moderation on the forums; and

23.4 You agree that while using the CollexArt you will not: (i) post content that is unlawful; (ii) post items or content in inappropriate categories or areas of CollexArt or the Community Forum; (iii) Create content in duplicate, such as posting the same general listing more than once or copying verbatim content from another website into your listing without  permission; (iv) post advertisements in your accounts signature portion; (v) post unsolicited messages containing promotions, political campaigning, advertising, or solicitations; (vi) post private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers, and credit card numbers; (vii) post misleading, false, inaccurate, defamatory, conspiracy theories, or libelous content; (viii) take any action that could undermine the feedback or rating systems (such as importing or exporting feedback information off of the site, or displaying it, or using it for purposes unrelated to CollexArt; (ix) transfer by any manner any of CollexArt information on your CollexArt account (including Feedback) and your user ID to another individual or party without our consent; (x) post or distribute spam, unsolicited or bulk electronic communications, chain mail, or pyramid schemes; (xi) post content that is obscene, pornographic, indecent, lewd, including without limitation photos, videos, or other User Content.; (xii) collect or otherwise harvest information about Members or users, including email addresses; and (xiii) post in public areas private messages and private emails.