GENERAL TERMS OF USE
Art.Africa is an online art marketplace that facilitates the display, promotion, and sale of African artworks by artists, curators, collectors, galleries, and art institutions to buyers across the globe. Art.Africa offers additional services such as art consultation, shipping, and installation to ensure a seamless experience for its users. Its curatorship division selects featured artists and art galleries based on various criteria, including but not limited to the quality of their work, professionalism, career achievements and level of renown.
The present General Terms cover the terms applying to the use of the Art.Africa website, any other related domains and the services offered within them. Any references to Art.Africa will be understood as referring to Art.Africa UKSC Ltd, a company registered in England under registration number 14794427. Throughout the whole contents of these General Terms any references to Art.Africa will be understood as referring to Art.Africa UKSC Ltd, whenever they have any legal implications.
• Art.Africa operates an online art marketplace, where artists and art galleries can showcase and sell their artworks to potential buyers.
• By accessing and using Art.Africa’s art marketplace, you agree to comply with these terms of use.
• Art.Africa reserves the right to modify or update these terms of use at any time without notice to you. It is your responsibility to review these terms of use periodically.
• Art.Africa may, in its sole discretion, terminate or suspend your access to its art marketplace for any reason, including, without limitation, a breach of these terms of use.
Use of Art.Africa’s Art Marketplace
• You must be at least 18 years old to use Art.Africa’s art marketplace.
• You may only use Art.Africa’s art marketplace for lawful purposes and in accordance with these terms of use.
• You may not use Art.Africa’s art marketplace in any manner that could damage, disable, overburden, or impair Art.Africa’s servers or networks, or interfere with any other party’s use and enjoyment of Art.Africa’s art marketplace.
• You may not attempt to gain unauthorized access to Art.Africa’s art marketplace, other accounts, computer systems, or networks connected to Art.Africa’s art marketplace, through hacking, password mining, or any other means.
Website Access
Art.Africa provides free access to the website for all visitors and registered users. However, Art.Africa may withhold certain services for registered users only.
User Accounts
• In order to sell or purchase artworks on Art.Africa’s art marketplace, you must create a user account.
• You are responsible for maintaining the confidentiality of your user account login credentials.
• You are responsible for all activities that occur under your user account.
• Art.Africa reserves the right to suspend or terminate your user account at any time for any reason, including, without limitation, a breach of these terms of use.
• To list artworks on Art.Africa, you must be an artist or a representative of an art gallery that operates in Africa or whose artworks showcase African art or culture. We welcome artists and galleries from all over Africa and the diaspora to showcase their unique and contemporary artworks on our platform. Our goal is to promote and celebrate African art and culture, and we believe that the best way to achieve this is by supporting local artists and art galleries. If you meet our eligibility criteria, we invite you to apply to become a seller on our platform and share your exceptional artworks with our global community of art enthusiasts.
Visitor
A visitor is any user who enters Art.Africa without being required to register or provide any identification.
Registered user
A registered user is a person who has created an account on the Art.Africa website by providing the required information, including a valid email address and a password, and has agreed to the Terms of Use. Registered users have access to all the features and services offered by Art.Africa, including the ability to browse and purchase artwork, create and manage exhibition galleries, and communicate with other users.
The relationship between Art.Africa and the registered user is continuous until either the user decides to terminate it or the site is discontinued.
Registration Process
To become a registered artist, customer or art gallery, users must provide their email and choose a password. They will then receive a validation link via email to verify their identification. Art.Africa reserves the right to approve, maintain, or terminate the accounts of registered users at its discretion.
Use of a Registered Account
The registered user has the freedom to use their registered account as they see fit, as long as it complies with the terms and conditions of use. Therefore, the registered user will be held fully responsible for maintaining the confidentiality of their access password and not disclosing it to third parties. If the password is used without prior authorization by third parties, the registered user must inform Art.Africa immediately. The registered user is responsible for all actions and transactions that occur through their registered account.
Consent for Personal Details and Terms of Use
By using Art.Africa, you explicitly consent to abide by the rules set out in these General Terms of Use, as well as any relevant Specific Terms that may apply. These terms must be reviewed and accepted each time you access the website as Art.Africa reserves the right to modify them without prior notice. If you do not agree to any modifications made, you may cancel your registration with Art.Africa.
During the registration process, you will be asked to provide personal information. For information about the collection and use of personal information provided during the registration process, please refer to our Privacy Policy section.
Unauthorized Use
Users, including visitors and registered users, are solely responsible for the use they make of the website and its services. Art.Africa will not control or monitor users’ activities, and users must agree not to engage in any illegal activities on the website. The following actions are strictly forbidden and are the sole responsibility of the user:
• Propagating any content that may be considered racist, xenophobic, pornographic, illegal, supportive of terrorism or against human rights.
• Using, sending, or propagating any content, data, comments, texts, or images that may violate privacy or allow the identification or location of third parties.
• Causing physical or logical damage to Art.Africa’s systems, providers, or third parties, introducing or propagating computer viruses, or any other physical or logical system that may cause damage.
• Gaining access to other users’ mail accounts, personal services, or passwords and altering or manipulating their messages or content.
• Reproducing, distributing, copying, or publicly exposing exhibited works without the holder’s consent.
• Sending spam or unsolicited emails through this website.
• Using Art.Africa’s content, commercial brands, logos, or any other elements designed for the operation of this website without express written consent.
• Users who fail to comply with these rules will be held liable for any infringement or damage resulting from their inappropriate use of the website. Art.Africa will not be held responsible for any such actions and users will be responsible for any expenses incurred by Art.Africa in defending against third-party claims.
Seller Terms
• If you are a seller, you ensure that you are the author of the work and own the exhibition rights required to sell the works with its full contents and their images on Art.Africa. If you are not the author of the work or its image, you declare to be the holder of the required legal rights over both in order to sell them on Art.Africa.
• As the copyright holder, you expressly authorize Art.Africa to store and disclose the submitted contents in Art.Africa and other websites, social networks or places where sellers are promoted. An exception to this, are works with catalogue visibility set to hidden which can only be accessed by the owner’s invitation.
• You acknowledge that the sale of the artworks with their full visual and if applicable, audio content and their images does not infringe any copyrights, privacy rights, advertising rights, public disclosure rights, reproduction rights, the management of such or any other legally binding rights, relieving Art.Africa from the payment of any fees that arise from the its voluntary public communication and sale of the works on Art.Africa platform, and transferring to Art.Africa the required sale rights during the transaction.
• You confirm that all the submitted information is true and current, and that the image of the original work is an accurate representation.
• You agree that Art.Africa will not be held liable for any inaccuracy relating to the statements above nor for the breach of the rules established in the present Terms of Use and, consequently, you are under liability to Art.Africa and third parties and liable for any ensuing damages, including any possible compensations.
• If you are a seller, you must accurately and truthfully represent your artworks, including their condition, authenticity, and provenance.
• You may not sell counterfeit or infringing artworks on Art.Africa’s art marketplace.
• You are responsible for shipping your sold artworks to the buyer, unless agreed upon otherwise.
• You must promptly communicate with buyers and respond to any inquiries or concerns they may have.
• You must comply with all applicable laws and regulations, including those related to taxes, import/export, and intellectual property.
• Art.Africa may, in its sole discretion, remove any seller’s artworks from its art marketplace for any reason, including, without limitation, a breach of these terms of use.
• As a seller, you are not required to provide exclusivity to Art.Africa. This means that you are free to exhibit, sell, transfer, or conduct any other business activities for your artworks wherever you see fit. However, if any relationship with Art.Africa requires exclusivity or limitations on the management of the works and their rights, this will be agreed upon in the terms and conditions beforehand.
Listing Content
All listings must contain accurate information about the artwork, including the title, artist name, dimensions, medium, year created, and price. Listings must also include high-quality images of the artwork.
Prohibited Content
The following content is not allowed on Art.Africa’s art marketplace:
• Offensive or illegal material, including hate speech, violence, pornography, and drug use.
• Misleading or fraudulent information.
• Copyrighted or trademarked material that you do not have the legal right to use.
Contents and withdrawal of works
• The seller has the freedom to categorize their works as per their preference, but Art.Africa has the authority to examine them if a cataloguing error is detected and notify the seller accordingly.
• The seller is responsible for the nature of their works and the gallery’s content. However, Art.Africa reserves the right to reject the authorization of the works, prevent them from being exhibited, or close the gallery in the following circumstances:
• The user does not comply with Art.Africa’s objectives, or the work does not meet the criteria of art according to Art.Africa’s experts.
• The work violates copyright, privacy rights, publicity rights, public disclosure, reproduction, or any other legally binding rights or applicable rules.
• The work contains viruses, worms, trojans, or any other file that may harm Art.Africa’s systems or computers belonging to third parties.
• The work includes personal information that may allow third-party access, or it contains false information provided by the user.
• The work displays or exhibits slanderous, racist, discriminatory, pornographic, or illegal content or any content that instigates hatred or violence against the beliefs or nationality of other persons.
• The gallery advertises or promotes products or services. The gallery may only display art works for their public exhibition and diffusion.
• The work uses the inappropriate image of a minor or if, as per Art.Africa’s requirement, their age is not duly verified.
Buyer Terms
• If you are a buyer, you must pay for the artworks you purchase on Art.Africa’s art marketplace in a timely manner.
• You must communicate with sellers and provide accurate shipping information.
• You must promptly inform the seller of any issues with the artwork you received.
• You must comply with all applicable laws and regulations, including those related to taxes, import/export, and intellectual property.
• Art.Africa may, in its sole discretion, remove any buyer’s access to its art marketplace for any reason, including, without limitation, a breach of these terms of use.
Artwork Purchase – Originals, Limited Editions, and Prints
The visitor may purchase Original works or Limited Editions available on the website. The website provides detailed information on each work’s characteristics, which can be accessed by opening the work’s detail page. In all cases, the seller certifies the authenticity of each work and its ownership, authorship, and specifications for Originals and Limited Editions, or issues a certificate of authenticity or Quality Certificate for Prints or Limited Editions that attests to the reproduction fidelity. Visitors are advised to contact the seller for any concerns or clarification before making a purchase. The seller’s certification is a representation of the seller’s own judgement and understanding of the work, and Art.africa is not responsible for any misrepresentations or inaccuracies made by the seller regarding the artwork.
Sales and Payment
When a buyer purchases an artwork through Art.Africa’s marketplace, the seller will receive the payment minus Art.Africa’s commission rate, as specified in the contract. The commission is deducted from the sale price of each artwork. This fee supports platform operations and promotions that benefit all users. Please note that these fees are solely for platform usage and do not include any additional taxes or duties.
Shipping and Delivery
Sellers are responsible for shipping and delivering the artwork to the buyer. Art.Africa is not responsible for any damages that occur during shipping or delivery.
Intellectual Property
Artworks displayed on Art.Africa’s art marketplace are protected by copyright, trademark, and other intellectual property laws.
• You may not reproduce, distribute, or display any artwork on Art.Africa’s art marketplace without the express written permission of the artwork’s owner.
• Art.Africa respects the intellectual property rights of others and expects its users to do the same.
• In addition to the above, Art.Africa reserves the right to suspend or terminate any user account, and remove any content, at any time and for any reason without notice.
• Art.Africa reserves the right to modify or discontinue the art marketplace, or any part thereof, with or without notice at any time.
• Art.Africa is not responsible for any third-party content or links that may appear on the art marketplace.
• Users are solely responsible for their interactions with other users and any transactions they engage in on the art marketplace. Art.Africa is not responsible for any disputes that may arise between users.
Copyright Infringement
Art.Africa takes copyright infringement seriously and has established a dispute settlement procedure for ownership of works or their exploitation rights. This procedure can be found in the Complaint Procedure document and involves notification through the Copyright Infringement Complaint Form, withdrawal of the work, and a counter-notification through the Copyright Infringement Complaint Answer Form. After this procedure, Art.Africa relinquishes all mediation and is not liable for any copyright infringements that must be settled between the concerned parties.
Art.Africa also reserves the right to close a gallery due to technical issues or website operability. It may also determine the permanence of galleries or artists that do not comply with the purposes and aims of Art.Africa, particularly regarding copyright.
Notification of Potential Infringement
If you believe that your copyrighted work has been infringed upon, please submit a written notice to Art.Africa’s designated copyright agent. The notice should include the following:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work that has been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Art.Africa website.
• Contact information for the copyright owner, such as an address, telephone number, and email address.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to Art.Africa’s designated copyright agent. The counter-notification should include the following:
• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number; and
• A statement that you consent to the jurisdiction of the UK courts and that you will accept service of process from the person who provided notification of the alleged infringement.
Notice and Takedown
Once Art.Africa receives a notification of potential infringement, it will promptly remove or disable access to the material that is claimed to be infringing. Art.Africa will then notify the user who posted the material and provide them with a copy of the notification. If the user believes that their material was removed or disabled by mistake or misidentification, they may submit a counter-notification.
Repeat Infringers
Art.Africa reserves the right to terminate the accounts of users who repeatedly infringe copyright.
Copyright Agent
All notifications of potential infringement and counter-notifications should be sent to [email protected] and details of Art.Africa’s designated copyright agent will be provided to include Name and Address of Copyright Agent, Phone, and Email.
Please note that this procedure is provided as a general guide and should not be construed as legal advice. Art.Africa encourages you to seek independent legal advice if you have any questions or concerns regarding copyright infringement.
Ownership of Contents
All services and contents created by Art.Africa to operate the website are owned by ArtAfrica Innovation Center, including its trademark, logo, etc., except for the contents uploaded or exhibited by the registered users. The use of any of these materials without prior and written consent from ArtAfrica Innovation Center is strictly prohibited. Visitors and registered users who notice any action that may disrupt the proper operation of the website or alter its contents must immediately inform Art.Africa.
Access Passwords
Each registered user has a personally chosen access password and is solely responsible for it, without disclosing it to third parties. If a registered user suspects that their password has been compromised or used without authorization, they must notify Art.africa immediately.
Cancellation
• If a user wishes to deactivate their gallery or cancel their Art.Africa account, they may do so at any time. The deactivation of a gallery can occur either at the user’s request or due to a violation of the Terms of Use. In either case, the user’s account will be hidden from visitors and removed from the site’s lists and searches. However, Art.Africa will retain all information related to the user account on its database in case the holder wishes to recover it.
• If a user aacount is deactivated, the user will be notified via email, and six months after deactivation, Art.Africa will proceed to completely cancel the gallery and delete all linked files and information.
• To cancel their Art.Africa account, the user must send an email to [email protected] with “Cancellation of Membership” in the subject field. Art.Africa will confirm the request and initiate the account cancellation process. This will result in the cancellation of all galleries belonging to the user and the deletion of all linked files and information.
Indemnification
• You agree to indemnify, defend, and hold harmless Art.Africa, its officers, directors, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including legal’ fees) arising out of or in connection with your use of our art marketplace.
• These Terms of Use constitute the entire agreement between users and Art.Africa regarding the use of the art marketplace and supersede all prior agreements and understandings, whether written or oral.
Links
• Art.Africa provides its visitors and registered users with links, banners, buttons, and search tools that may lead to third-party websites. These links are solely intended to provide users access to other information and content available on the Internet. Art.Africa does not edit, control, approve, or check the contents of these third-party websites in advance and does not appropriate them. As a result, Art.Africa does not accept any liability for any damages arising from the quality, reliability, accuracy, truthfulness, operation, availability, accessibility, continuity, legality, usefulness, or any other issue regarding the information and services provided by such contents.
• If any third party intends to create a hyperlink to the Art.Africa website, prior authorization from Art.Africa is required. However, this does not imply any kind of relationship between Art.Africa and the owner of the website hosting the link.
Cookies
• This website uses cookies and IP monitoring, with the sole purpose of storing the required information to guarantee the proper operation of the website as specified in the Privacy Policy of the site.
• Nevertheless, the user may choose to disable and/or delete these cookies following the instructions of his/her Internet browser. This may cause the website to malfunction, relieving Art.Africa from any liability for this outcome.
Guarantee exclusions
In addition to the aforementioned statement, Art.Africa does not guarantee:
• The availability and ongoing operation of the website and its services and associated functionalities
• The privacy and security in the use of the website and its services.
• That non authorized third parties may obtain information about the type, terms, specifications and conditions of use that the users make of the website and its services.
• The absence of viruses or other elements on the website that may prove disruptive for the user’s computer system, declining any liability for any damages whatsoever that may arise from them.
• The legitimacy, reliability, and the usefulness of the contents.
• Art.Africa does not accept liability arising from such circumstances.
Liability exclusions
• Art.Africa, besides not accepting liability resulting from non-compliance with any and all of these conditions, is not responsible and is exempted from any adverse consequences of any comment, opinion, image, or critique that visitors and registered users may make about any work exhibited and its author.
• These Terms of Use shall be governed by and construed in accordance with the laws of the England and Wales. Users agree that any legal action or proceeding arising out of or relating to the use of the art marketplace shall be brought exclusively in the courts of the England and Wales.
• Any failure by Art.Africa to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision or of the right to enforce such provision.
• If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
• Users may not assign or transfer these Terms of Use, or any rights granted hereunder without the prior written consent of Art.Africa.
• By using the art marketplace, users agree to be bound by these Terms of Use. If users do not agree to these Terms of Use, they should not use the art marketplace.
Complaint for non-fulfillment
Art.Africa reserves the right to complain, in the way it deems appropriate, for the non-fulfillment of these general terms and any of the agreements established in the Specific Terms.
Contact and complaints
In order to file a complaint, please contact our customer support team via email at [email protected]. We will do our best to address any issues or concerns you may have in a timely and satisfactory manner.
Contract, Law and Jurisdiction
By accessing Art.Africa, you agree to be bound by these Terms of Use, which constitute a legally binding contract between the parties. These Terms of Use are governed by the laws of England and Wales. In the event of any changes to these Terms of Use due to legal or business reasons, the updated version will be published on our website. All disputes arising from the use of this website will be exclusively resolved by the English courts.
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