TERMS OF USE

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Welcome to ARTDEX (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your use of ARTDEX’s website, services, and marketplace (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue your use of the Platform immediately.

1. Acceptance of Terms

By registering, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our [Privacy Policy], and any other policies or guidelines referenced herein.

2. Platform Overview

ARTDEX is an online art archive and marketplace that connects buyers (“Buyers”) and sellers (“Sellers”) for the sale and purchase of original artwork, digital art, and other creative content.

3. User Registration and Accounts

To use certain features of the Platform, you may be required to create an account. You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities under your account.

  • Eligibility: You must be at least 18 years of age or have parental consent to use the Platform. By creating an account, you represent and warrant that you meet these requirements.

4. Purchasing Art

When you make a purchase on the Platform, you agree to pay the listed price of the artwork plus any applicable taxes, shipping fees, and customs duties (for international orders). Payment processing is conducted by third-party payment processors and subject to their terms and conditions.

  • Returns and Refunds: In compliance with European law, European Buyers have a 14-day right of withdrawal (cooling-off period) for the return of physical goods, starting from the date of delivery, unless otherwise specified. Exceptions may apply for custom, digital, or downloadable items. For U.S Buyers and Buyers outside of Europe, we offer a 7-day return policy. Returns must be initiated through the Platform, and the Buyer is responsible for return shipping costs unless the item arrives damaged.

5. Selling on the Platform

If you are a Seller, you agree to comply with our Seller Policies, which include provisions on commissions, pricing, and acceptable content. You retain ownership of the artwork but grant us a worldwide, non-exclusive, royalty-free license to display your artwork on the Platform.

  • Commissions: The Platform takes a commission on each sale, and fees are disclosed when listing artwork. Commissions are subject to change, and you will be notified in advance of any changes.
  • Listing Accuracy: Sellers are responsible for ensuring that all artwork descriptions, prices, and images are accurate and complete.

6. User Conduct

You agree to use the Platform in a manner consistent with all applicable laws and regulations. You are prohibited from:

  • Uploading content that infringes on the intellectual property rights of others;
  • Using the Platform to engage in any fraudulent activities;
  • Posting false, inaccurate, or misleading information;
  • Harassing, abusing, or threatening other users.

7. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, and images, is the property of ARTDEX or its users and is protected by copyright, trademark, and other intellectual property laws.

  • User Content: By uploading artwork or other content to the Platform, you grant ARTDEX a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for promotional purposes.
  • Copyright Policy: We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA) and EU Directive on Copyright. If you believe that your copyrighted work has been infringed, please notify us at team@artdex.com.

8. Data Protection and Privacy

We are committed to protecting your personal information. Please review our [Privacy Policy link], which explains how we collect, use, and share your personal data in compliance with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

  • Data Collection: We may collect information such as your name, email address, billing information, and transaction history. This information is used to facilitate transactions, improve our services, and comply with legal obligations.
  • User Rights: As per GDPR, European users have the right to access, rectify, or delete their personal data. You may exercise these rights by contacting us at team@artdex.com.

9. Dispute Resolution

  • Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware in the U.S.A., without regard to its conflict of laws principles.
  • Arbitration: Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a trial by jury or to participate in a class action lawsuit.
  • Consumer Protection: European Union residents may have the option to resolve disputes via the EU’s Online Dispute Resolution (ODR) platform, which provides an alternative dispute resolution method.

10. Termination

We reserve the right to terminate or suspend your account and access to the Platform at our sole discretion, without notice, if you violate these Terms or any other applicable policies.

11. Limitation of Liability

To the maximum extent permitted by law, ARTDEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform or transactions conducted through the Platform.

12. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on the Platform, and your continued use after such changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform.

13. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at team@artdex.com.