ColabsArt

Terms of Service

Effective Date: 5 April 2023

 

I. Introduction

Welcome to ColabsArt! ColabsArt.club (the “Site”) is a digital art marketplace that helps artists list, sell, and ship original and digital artwork directly to collectors, and helps collectors discover and purchase artwork. The Site is owned, controlled, and operated by ColabsArt Labs Inc. (“the Company”, “we”, “us,” or “our”).

Please read these Terms carefully. They limit certain rights, including the right to maintain a court action, the right to a jury trial, and the right to participate in any class or representative claim.

A. These Terms Set Forth a Legally Binding Agreement

These Terms of Service (“Terms” or “Agreement”) are entered into between you (the “Artist,” “Buyer,” or, collectively with other users of the Site, “Users”) and the Company. These Terms govern your access to and use of the Site, and any software, applications, forums, or other features provided on or in connection with the Site (collectively, the “Services”).

The Company reserves the right to change or modify these Terms at any time. If we make material changes, we will provide notice, such as by updating the “Effective Date” above. By continuing to use the Service after changes take effect, you agree to the revised Terms.

Our Privacy Notice is hereby incorporated by reference into these Terms.

B. Legal Capacity To Use the Services

You represent and warrant that you have the right, authority, and capacity to enter into this agreement. You represent that you are at least eighteen (18) years old, or that you are using the Services through a parent or guardian's account with their consent.

C. Data Privacy

Our Privacy Notice describes the ways we collect, use, store, and disclose your personal information, and is incorporated by reference into these Terms. For questions about your account, contact us at support@salesplace.club.

D. Your Responsibilities

You are solely responsible for evaluating and discharging any legal obligations that apply to your use of the Services, including determining what taxes apply to your transactions. Nothing in these Terms should be construed as legal, tax, or investment advice.

 

II. Accounts

A. Creating an Account

To use the full functionality of the Services, you must create an Account by providing accurate, complete registration information, including a valid email address. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

B. Account Security

You agree to notify us immediately at support@salesplace.club of any breach of security or unauthorized use of your account. The Company is not liable for any loss arising from your failure to safeguard your account credentials.

C. You Must Obey the Law

You represent that you will use the Services only for lawful purposes and in compliance with these Terms. Without limitation, you will not: (i) upload or distribute unlawful, infringing, defamatory, fraudulent, obscene, or otherwise objectionable content; (ii) impersonate any person or entity or misrepresent your affiliation; (iii) defraud the Company or other Users; (iv) violate the intellectual property or privacy rights of others; (v) interfere with another user's access to or enjoyment of the Services; (vi) harass, threaten, or abuse other Users; or (vii) use automated means to access or scrape the Services without authorization.

D. Username Squatting and Inactive Accounts

The Company prohibits reserving usernames for future use or impersonating well-known artists or third parties. The Company may modify or remove inactive accounts in its sole discretion.

E. The Services are Property of the Company

We own all rights, title, and interest in the Site and Services, including its design, graphics, code, and the "ColabsArt" name and logo, unless otherwise provided herein. Your use of the Services does not grant you any ownership rights in our materials.

 

III. The ColabsArt Marketplace

A. ColabsArt Connects Artists and Collectors

The ColabsArt Marketplace enables Users to list, browse, and purchase original and digital artwork. The Company is not a party to any agreement or transaction between an Artist and a Buyer, and makes no representations or warranties about any listed artwork, its authenticity, condition, or value, beyond what is expressly stated by the Company.

B. Listings and Pricing

Artists set the listing price for their artwork in U.S. Dollars (USD). The Company may charge a marketplace commission on completed sales, which will be disclosed to Artists before a listing is published. All prices displayed to Buyers are inclusive of any applicable marketplace fees unless stated otherwise.

C. Payments

All payments processed through the Services are denominated in USD. By making a purchase, you authorize the Company or its payment processor to charge your selected payment method for the listed price plus any applicable fees. Funds owed to Artists for completed sales are credited to their account balance and may be withdrawn subject to the Company's standard processing times.

D. Order Status

Once a purchase is made, the order is placed into an “Awaiting” status pending confirmation and handling by the Artist or the Company, after which it is marked “Sold” and fulfillment (digital delivery or physical shipping, as applicable) proceeds. Estimated handling and delivery times will be communicated where available.

E. Royalties

Where enabled for a given Artist, the Company may pay a royalty to the original Artist on a subsequent resale of their artwork through the Services. Royalty rates, where applicable, will be disclosed on the relevant artwork's listing page.

F. Prohibited Marketplace Activity

You may not: (i) engage in any conduct intended to artificially inflate or deflate the price of any artwork; (ii) bid on or purchase your own listed artwork through another account; (iii) create fake reviews, follows, or activity; or (iv) use the Services to launder money, evade taxes, or finance unlawful activity.

 

IV. Artist Content and Intellectual Property

A. Ownership of Content

Artists retain all copyright and intellectual property rights in the artwork and content they upload to the Services (“Artist Content”). By uploading Artist Content, you grant the Company a non-exclusive, worldwide, royalty-free license to display, reproduce, and promote that content in connection with operating and marketing the Services.

B. Ownership of Purchased Artwork

When you purchase artwork through the Services, you own the physical or digital item you purchased, but you do not acquire any copyright or reproduction rights in the underlying work unless expressly granted by the Artist in writing.

C. Infringing Content

The Company respects intellectual property rights and will remove listings or content found to infringe the rights of others upon receiving a valid notice. To report infringing content, contact ip@salesplace.club.

 

V. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

 

VI. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party right.

 

VII. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation. If unresolved, disputes shall be settled by binding arbitration administered by the American Arbitration Association, except that either party may bring an individual claim in small claims court. You and the Company each waive the right to a jury trial and to participate in a class or representative action.

 

VIII. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, including if we believe you have violated these Terms. You may stop using the Services and close your account at any time. Sections of these Terms which by their nature should survive termination will continue to apply.

 

IX. Miscellaneous

These Terms constitute the entire agreement between you and the Company relating to your use of the Service. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The Service is operated from the United States; if you access it from outside the United States, you are responsible for compliance with local laws.

If you have any questions about these Terms, please contact legal@salesplace.club.