Artviewings General Terms and Conditions
Last Updated: March 23, 2026
Welcome to Artviewings.com (“Artviewings,” “we” or “our”), a leading platform that provides tools and services to explore and acquire artwork, and facilitate collaboration among art buyers and industry professionals. Artviewings is accessible through our website at artviewings.com (the “Site”) and our mobile application (the “Application”) together with any services, software, tools, features or functionality made available by Artviewings (each, a “Service” and collectively, the “Services”).
Please read carefully the following terms and conditions (“Terms”), and our Privacy Policy, which may be found at https://partner.staging.artviewings.com/privacy-policy/(the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Artviewings. Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of an artist, company or other legal entity, you represent and warrant that you have the authority to bind that artist, company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that artist, company or other legal entity.
Modifications to these Terms
Artviewings reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
Modifications to the Services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Listing (as defined below), Artviewings Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
Eligibility
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Account Registration
In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Artviewings reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Artviewings of any unauthorized use of your Account.
Privacy
See Artviewings' Privacy Policy at https://partner.staging.artviewings.com/privacy-policy/ for information and notices concerning Artviewings' collection and use of your personal information.
SELLER TERMS AND CONDITIONS
Listing of Works.
As a Member, you may submit listings for original works of art, including but not limited to original paintings, sculptures, and limited editions (collectively, “Artworks”) or any goods or items that are related to the display, presentation, documentation, or sale of Artworks, including but not limited to frames, display materials, lighting, books, catalogs, and other accessories (collectively, “Art-Related Products”) that you desire to sell through the Services. In order for your listings to be accepted, you must provide Artviewings with all the information requested by Artviewings and you must comply with any other Artviewings requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Artviewings with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Artviewings' then-current listings content guidelines, which are available at https://partner.staging.artviewings.com/guidelines/. Artviewings reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Artviewings reserves the right to promote and market Artworks and Art-Related Products (collectively, “Listings”) through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of such Listing. You always retain the right to remove a Listing from the Services. If you want to remove a Listing from the Services you must go to your account, click on the Partner Dashboard and follow the steps set forth on that page.
Member Services.
As a Member, you may offer professional services (“Member Services”) through the Platform. Member Services are provided independently by Members and may include, but are not limited to, art advisory, curation, interior design, artwork placement, project management, sourcing, framing, installation coordination, and related professional services.
Members are solely responsible for (i) the scope and quality of Member Services provided; (ii) representations made to clients or other Users; and (iii) fulfilling any obligations arising from Member Services; and (iv) resolving any disputes arising therefrom
Additional details and terms for Member Services can be found at: https://partner.staging.artviewings.com/member-terms/
Member Responsibilities.
You acknowledge and agree that you are solely responsible for all Listings and Member Services that you make available through the Services. Accordingly, you represent and warrant that:
(i) with respect to any Artworks that you make available through the Services, you are either (a) the creator of such Artworks and the sole and exclusive owner of all rights therein, or (b) a gallery, agent, dealer, or other Member who is duly authorized by the artist or rights holder to represent, market, and offer such Artworks, and that you have all necessary rights, licenses, consents, and authority to make such works available on the Platform and to enter into transactions relating to such works;
(ii) with respect to any Art-Related Products that you make available through the Services, you are either (a) the manufacturer, creator, or rightful owner of such Art-Related Products, or (b) a distributor, reseller, or other Member who is duly authorized to market, offer, and sell such Art-Related Products, and that you have all necessary rights, licenses, consents, and authority to make such products available on the Platform and to enter into transactions relating to such products. You further represent and warrant that such Art-Related Products (a) are accurately described, including with respect to materials, specifications, dimensions, and functionality; and (b) are suitable for their intended use as represented on the Platform.
(iii) With respect to any Member Services that you offer through the Services, you represent and warrant that such Member Services are professional in nature and directly relevant to the art industry, and that you possess the necessary licenses, qualifications, expertise, rights, and authority to provide them. You further represent and warrant that the offering, promotion, and delivery of such Member Services comply with all applicable laws and contractual obligations, and that any descriptions, representations, or deliverables associated with such Member Services are accurate, complete, and not misleading;
(iv) neither the Artworks, Art-Related Products or Member Services that you make available through the Services nor Artviewings' use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation; and
(v) Artviewings reserves the right to request documentation or proof of authority, including consignment or representation agreements, and to remove or suspend listings where such authority cannot be reasonably verified.
Member (Seller) Obligations for Listings.
By creating, offering, or selling any Listings through the Services, you agree that all such Listings are subject to these Terms, including the https://partner.staging.artviewings.com/buyer-protection-program/ and https://partner.staging.artviewings.com/returns-and-refunds/, as may be updated from time to time.
You represent and warrant that your Listings (including all descriptions, images, pricing, and related representations) are accurate, complete, and not misleading, and that you will fulfill all obligations associated with such Listings in a professional and timely manner.
You acknowledge and agree that, where a transaction qualifies under the Artviewings Guarantee or Return Policy, Artviewings may, in its sole discretion, facilitate returns, refunds (in whole or in part), or other resolutions. You agree to cooperate with Artviewings in good faith in connection with any such resolution, including accepting returns, honoring refund decisions, and complying with any related instructions.
You further agree that you are responsible for all costs, liabilities, and obligations arising from your Listings and transactions, including, where applicable, refunds, returns, shipping, taxes, and compliance with applicable laws. Artviewings reserves the right to recover from you any amounts paid to buyers under the Artviewings Guarantee or Return Policy that are attributable to your acts, omissions, or breach of these Terms.
Failure to comply with this section may result in suspension or termination of your account, removal of Listings, or other actions as determined by Artviewings.
Online Sales.
If you submit a Listing or Member Service, you are selling such Listing or Member Service through the Services, and on third party websites and sales channels (collectively, “Online Sales”) and you hereby grant Artviewings a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Listings’ sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Listings in any form, medium or technology now known or later developed for the purpose of promoting Artviewings, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Revenue Share (defined below), which is payable only upon the sale of the Listings via the Online Sales channel.
If a Listing and/or Member Services are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Artviewings, these Terms will apply to the sale of such Listings and/or Member Services.
Artviewings and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Artviewings' Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Artviewings and the third party website or Artviewings' Offline Sales partner, as applicable, to Artviewings and share related shipping information, including the contact details of the purchaser where necessary, with Artviewings.
For sale of any Listing, Artviewings will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Artviewings, you will be responsible for shipping the purchased Listing directly to the purchaser. Artviewings will provide you with information regarding its preferred shippers with which Artviewings maintains an account. You agree to ship the purchased Listing to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Listing to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Listing via a Artviewings preferred shipper account, Artviewings will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Artviewings if you are using a Artviewings preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Artviewings (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Revenue Share (defined below). If you do not ship the purchased Listing via a Artviewings preferred shipper or if you pay for the cost of shipping yourself, Artviewings will reimburse you for the amount you paid for shipping, up to the amount that Artviewings or the third party website charged the purchaser for shipping.
For sales of the Listings and Member Services via the Online Sales channels, Artviewings will credit your Account in an amount to be determined in accordance with Artviewings' then-current standard pricing and revenue share terms, which may be found at https://partner.staging.artviewings.com/docs/referral-fee/ (the “Revenue Share”); for sales of Listings and Member Services via the Services, subject to Artviewings' receipt of confirmation of delivery to the purchaser, Artviewings will credit your Account with the corresponding Revenue Share following the expiration of the return period and for sales of the Listings via third party websites, Artviewings will credit your Account with the corresponding Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Listing has been confirmed to have been successfully delivered to the purchaser, as determined by Artviewings, in its sole discretion.
You agree to comply with the terms and conditions of Artviewings' then-current Return Policy at https://partner.staging.artviewings.com/docs/return-policy/ that are applicable to any Listings that are sold through the Services.
You will have the right to request Artviewings to remit the Revenue Share in your Account in accordance with a Artviewings-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Artviewings will remit to you the remaining balance of Revenue Shares in your Account, if any.
PURCHASER TERMS AND CONDITIONS
Purchases of the Listings.
As a Member, when you purchase any Listing through the Services, the transaction is between you and the Member identified in the applicable Listing. Artviewings facilitates such transactions but is not the seller of the Listings.
You acknowledge that prices for such Listings do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Artviewings and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Listings (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of such Artworks and/or Art-Related Products will ship the purchased work directly to you. The terms and conditions of Artviewings' then-current Return Policy apply to any Listing that you purchase through the Services. When you purchase Listings via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Member Services.
Engagement of Member Services. As a Member, when you engage or purchase any Member Services through the Services, the arrangement is directly between you and the Member providing such Member Services. Artviewings facilitates the listing and discovery of Member Services but is not a provider of such services and is not a party to any agreement between you and the Member.
Nature of Services. Member Services are offered independently by Members and may include, but are not limited to, art advisory, curation, interior design, artwork placement, project management, sourcing, framing, installation coordination, and related professional services. You acknowledge that any terms, timelines, deliverables, and pricing for Member Services are determined solely by the Member and may be agreed upon directly between you and the Member.
Payments and Fees. Payments for Member Services may be processed through the Services, and you agree to provide accurate billing information for such transactions. Unless otherwise specified, prices for Member Services do not include applicable taxes, which may be charged separately.
No Control or Guarantee. Artviewings does not control, endorse, or guarantee the quality, outcome, timing, legality, or delivery of any Member Services. Any engagement of Member Services is at your own discretion and risk.
Responsibility and Disputes. The Member providing the Member Services is solely responsible for the performance and fulfillment of such services. Any claims, disputes, or issues arising from Member Services must be resolved directly between you and the applicable Member, except to the extent expressly provided under the Artviewings Guarantee or applicable policies.
Applicability of Policies. Where applicable, the Artviewings Guarantee and any related policies may apply to Member Services, as described in the relevant policy documents
Order Cancellations.
Artviewings reserves the right to cancel any order for a Listing placed via the Services if Artviewings determines, in its reasonable discretion, that such Listing is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Artviewings cancels an order placed via the Services, Artviewings will send you an email confirmation of such cancellation and you will not be charged for your order.
TERMS FOR BOTH SELLERS AND PURCHASERS
Project Collaboration. Artviewings enables Members to collaborate on projects, curate artworks, and share presentations with clients and collaborators. In order to facilitate these collaborations, certain information related to a project may be visible to authorized project participants, including project owners, team members, collaborators, and invited clients.
Information shared within a project may include (i) basic information about project members and collaborators, such as name, profile information, and professional affiliation, (ii) project activity and interactions, including actions taken within the project (such as artwork approvals, proposal views, or updates), (iii) communications between team members and collaborators, including messages, feedback, and coordination related to the project, (iv) project-related information necessary for collaborators to provide services, including curatorial notes, artwork selections, pricing information, and client approval status, and (v) comments, annotations, or communications shared within presentations, viewing rooms, proposals, or collaborative workspaces
This information is shared only with authorized Members or users who have access to the specific project or presentation and is used solely to support collaboration, client review, artwork selection, and project execution.
Members participating in projects are responsible for maintaining the confidentiality of project information and communications shared within these collaborative environments.
Artviewings does not publicly display project communications or collaboration data unless the project owner explicitly chooses to make certain content public.
Make-an-Offer. Members offering Artworks and other items for sale on the platform may, at their sole discretion, enable or disable the “Make an Offer” feature on their listings that allows prospective buyers to submit a proposed purchase price for such item.
You understand and agree that (i) when a Buyer identifies an Item for purchase, the Buyer may make an offer to purchase the Item (“Offer”) directly through the Site’s artwork listing page, or by contacting Artviewings through any method listed on the Site (including by telephone), (ii) the Seller, at its sole discretion, may: (a) accept the Offer; (b) decline the Offer; or (c) make a counter-offer to the Buyer (“Counter-Offer”). By making a Counter-Offer, the Seller agrees to sell the Item to the Buyer at the Counter-Offer price and represents that the Item is available for immediate sale as long as the Buyer agrees to the Counter-Offer, subject to any additional conditions contained in the Counter-Offer, (iii) either the Seller or Artviewings may place a time limit on the effectiveness of the Offer, and each party acknowledges that the Offer will lapse at the end of the offer period. If the Buyer agrees to pay the Counter-Offer price, then the Buyer shall acknowledge that acceptance by confirming the purchase on the “offer status” page, (iv) the confirmation of sale (“Order Confirmation”) is posted to the “offer status” page of the Buyer’s Artviewings account, once: (a) the Seller has accepted and confirmed the Buyer’s Offer; or (b) the Buyer has acknowledged, accepted and confirmed the Seller’s Counter-Offer, (v) in certain circumstances, a Buyer will be required to post a “reserve” amount to support an Offer (“Reserve Amount”). This Reserve Amount shall be authorized to Artviewings by credit card at the time the Offer is made, and shall be credited against the Total Purchase Price due. In the event the Buyer and Seller are unable to agree upon the Total Purchase Price, or other material terms of the transaction, then Artviewings will credit the Reserve Amount back to the Buyer’s credit card account, (vi) ror custom-made orders, a Buyer may be required to post a non-refundable “deposit” amount (“Deposit”). The Deposit shall be paid by credit card or other acceptable payment method upon placement of an Offer. The Deposit will be held by the Seller and shall be credited against the Total Purchase Price, (vii) notwithstanding anything to the contrary contained herein, in the event of an error by Seller as to availability of the Item, or an error by the Seller or Artviewings as to acceptance of an Offer or Counter-Offer as the case may be, or any other error on Seller’s or Artviewings’ part with respect to an Order Confirmation or the operation of the Site, the Seller and/or Artviewings reserve the right in their sole and absolute discretion to rescind that Order Confirmation and purchase of the Item without penalty to any party, and (viii) due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Artviewings has the right to correct any inaccuracies or mistakes, and to void any purchase of an Item that displays an inaccurate price or description once brought to our attention.
Client Introduction Protection. Artviewings invests in technology, marketing, and platform infrastructure to connect users like artists, galleries, advisors, interior designers, collectors, and other art professionals. Members, clients, collectors, and users introduced through the platform are considered Artviewings platform introductions.
Members agree that they will not intentionally circumvent the platform by (i) directing platform users to complete transactions outside the platform, (ii) conducting off-platform sales with clients introduced through Artviewings in order to avoid platform fees or commissions, and (iii) soliciting platform users to move transactions off the platform
If Artviewings determines that a Member has attempted to bypass the platform, Artviewings may take appropriate action including (i) suspending or terminating the Member account, (ii) seeking recovery of lost fees or commissions through legal remedies, and (iii) any other remedies available to Artviewings including, without limitation, injunctive or other appropriate relief
Taxes.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of a Listing, you acknowledge that Artviewings will withhold the Taxes required to be withheld from the payments Artviewings makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
For a seller living within the United States, a W9 Tax Form must be filled out for both the sale of a Listing and/or Member Service.
For an seler living outside the United States, a W8BEN Tax Form must be filled out for both the sale of a Listing and/or Member Service..
If you are a purchaser of Listing and/or Member Service, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Member Content.
In addition to submitting Listings, Artviewings may, in its sole discretion, designate areas of the Services in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, “Member Content”). Member Content excludes (i)any images of Artworks and Art-Related Products for which a Member submits a listing, as described under “Seller Terms and Conditions” above, and (ii) Composite Images (described under “Creation and Use of Composite Images” section).
Artviewings does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant Artviewings a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting Artviewings, the Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Artviewings Content.
Artviewings may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Artviewings Content”), some of which is owned by Artviewings (“Artviewings-owned Content”), and some of which is made available under license by a third party (“Artviewings-licensed Content”). Artviewings authorizes you to download, view and print Artviewings-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Artviewings-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Artviewings-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artviewings or its licensors, except for the licenses and rights expressly granted in these Terms.
Creation and Use of Composite Images.
Artviewings allows Members to upload images of interior spaces or use inspirational spaces available via Services (collectively, “Spaces”) to visualize artwork placement. To generate these visualizations, Artviewings may incorporate automated or AI-assisted image processing and rendering technologies and create composite images (“Composite Images”) using Spaces and images of Original Artworks.
You understand and agree that (i) by uploading interior space images you represent and warrant that you have obtained the appropriate permissions from the property owner or client to share these images, (ii) Artviewings uses Spaces to help visualize artwork placement and aesthetic; recommend artworks, and Services, (iii) the Composite Images may include scaling and perspective adjustment of Artwork, lighting and shadow simulation, rendering frames and other visual processing techniques, (vi) Artviewings relies on the accuracy of information provided by Users to generate realistic representations, (v) the Composite Images are intended for illustrative and conceptual purposes only and Artviewings does not guarantee the accuracy of artwork size, scale, placement, or visual appearance and shall have no liability or obligation arising from any discrepancy between the visualization and the actual physical installation or appearance of the Artwork, (vi) Members and Users are responsible for independently verifying artwork dimensions, spatial measurements, installation requirements, and visual suitability before making purchase or installation decisions, and (vii) Composite Images need to be treated as Artviewings owned Content, as defined in section “Artviewings Content”.
Color.
You understand and agree that Artviewings uses commercially reasonable efforts to display the colors of Artworks and Art-Related Products accurately via the Services. However, because individual computer monitors may display colors differently, Artviewings is not responsible for the color accuracy of any Artworks or Art-Related Products displayed on the Services, and disclaims all liability in this regard.
Prohibited Use.
By using the services, you agree not to (i) use Services, Artviewings Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms; (ii) use, display, mirror or frame the Services, or any individual element within the Services, Artviewings' name, any Artviewings trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artviewings' express written consent; (iii) access, tamper with, or use non-public areas of the Services, Artviewings' computer systems or network, or the technical delivery systems of Artviewings' providers; (iv) upload, publish, submit, post or transmit any text, graphics, images, software, music, audio, video, information or other material that: (a) is fraudulent, false, misleading or deceptive;(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; (g) harms minors in any way; or (h) promotes illegal or harmful activities, products or substances; (v) attempt to probe, scan or test the vulnerability of any Artviewings system or network or breach any security or authentication measures; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artviewings or any of Artviewings' providers or any other third party (including another user) to protect Services, Artviewings Content or Member Content; (vii) attempt to access or search Services, Artviewings Content or Member Content or download Artviewings Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Artviewings or other generally available third party web browsers; (viii) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (ix) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Artviewings Content or Member Content to send altered, deceptive or false source-identifying information; (x) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Artviewings Content or Member Content; (xi) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (xii) use any meta tags or other hidden text or metadata utilizing a Artviewings trademark, logo URL or product name without Artviewings' express written consent; (xiii) collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the foregoing.
Artviewings will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artviewings may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artviewings has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Artviewings reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, Artviewings Content, Listing, Member Service or any other text, graphics, images, software, music, audio, video, information or other content or material that Artviewings, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests. Artviewings may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about Artviewings' rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Artviewings' Intellectual Property. The Services and Artviewings Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Artviewings and its licensors exclusively own all right, title and interest in and to the Services and Artviewings Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Artviewings Content.
Copyright Policy. Artviewings respects copyright law and expects its users to do the same. It is Artviewings' policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Artviewings' Copyright Policy at https://partner.staging.artviewings.com/copyright/for further information.
Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that Artviewings is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Artviewings of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation. If you breach any of these Terms, Artviewings will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Artviewings reserves the right to revoke your access to and use of the Services, Artviewings Content and Member Content at any time, with or without cause. In the event Artviewings terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to help@artviewings.com.
Mobile Services and Applications. “Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Artviewings and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, Artviewings grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable Artviewings Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Artviewings and not with the App Store. Artviewings, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that: (i) these Terms are concluded between you and Artviewings only, and not Apple; and (ii) Artviewings, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Artviewings and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Artviewings.
You and Artviewings acknowledge that, as between Artviewings and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Artviewings acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Artviewings and Apple, Artviewings, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Artviewings acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Fees. Artviewings reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
Payments. To facilitate secure transactions between artists, galleries, collectors, art advisors, interior designers, and other art professionals, Artviewings may use third-party payment processors or financial service providers to process payments made through the platform. When you complete a purchase, make an offer, or receive payment through Artviewings, certain information may be shared with payment service providers.You may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
Escrow Services. Artviewings or its payment partners may facilitate payments using secure payment holding mechanisms or escrow-like arrangements, where funds may be temporarily held until transaction conditions are satisfied, such as order confirmation, shipping verification, or delivery completion.
Artviewings does not store full payment card numbers and relies on secure, industry-standard payment infrastructure provided by certified payment processors.
Changes. We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
Disclaimers.
THE SERVICES, ARTVIEWINGS CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTVIEWINGS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTVIEWINGS MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTVIEWINGS CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTVIEWINGS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTVIEWINGS OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTVIEWINGS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES ARTVIEWINGS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. ARTVIEWINGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity. You agree to defend, indemnify, and hold Artviewings, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Artviewings Content or Member Content, or your violation of these Terms.
Limitation of Liability. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Artviewings Content and Member Content remains with you. Neither Artviewings nor any other party involved in creating, producing, or delivering the Services, Artviewings Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Artviewings Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artviewings has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Artviewings' aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Artviewings Content or Member Content exceed: (i) if you are a Member who has sold Artworks, Art-Related Products, or Member Services and has received any Revenue Share from Artviewings, the total payments made or credited to you by Artviewings for the sale of such Artworks, Art-Related Products, or Member Services during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Artworks, Art-Related Products or Member Services, the total payments that you made to Artviewings for such Artworks, Art-Related Products, or Member Services that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Artviewings and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of Artviewings used herein are trademarks or registered trademarks of Artviewings or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction. These Terms will be governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Santa Clara County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
Informal Resolution. It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at legal@artviewings.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Mutual Agreement to Arbitrate.
PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
The arbitrator, and not any federal, state, local, or other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Santa Clara County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.
US Claims. For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Non-US Claims. For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.
Means and Fees. In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Right to Opt-Out.
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to legal@artviewings.com or by mailing us, postage prepaid, to Artviewings.com, Inc., Attn: Legal Department 9037 Village View loop, San Jose, CA 95135. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of Listing or Member Service on the Services or your first upload of Listing or Member Service to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge or Jury.
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION OF ACTIONS
You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Users from Other Jurisdictions. The Services are controlled and operated by Artviewings from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Artviewings and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artviewings and you regarding the Services.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Artviewings' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Artviewings may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Artviewings via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General. The failure of Artviewings to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Artviewings. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Artviewings.If you have any questions about these Terms, please contact Artviewings at help@artviewings.com. You may contact us directly for assistance with new or existing orders at the following number: +1 (408) 599-8857. Message and Data Rates may apply. You can STOP messaging by sending “STOP” and get more help by sending “HELP”.
If you have a complaint, you may contact us at Artviewings' legal department:
Artviewings.com, Inc.
Attn: Legal Department
9037 Village View loop, San Jose, CA 95135
legal@artviewings.com