Selling original and/or limited-edition art with ARVIVID does not affect the Artist’s intellectual property rights over these original art pieces and/or their editions.
2. Original Art:
Artists define the base price. An addendum may be signed on a case-by-case basis for detailed conditions besides the Original Art Conditions attached to it.
Original: ARVIVID takes 30% of commission from the net sales price defined by the artist (excluding tax). The final retail price would be the net sales price plus applicable sales tax. As taxes are always added on top of the artist’s ask price, they do not affect the artist’s earnings.
All applications submitted will go through a selection process. ARVIVID may choose to represent, or not, the artwork submitted.
ARTISTS AGREEMENT FOR ORIGINAL ART
These contracting conditions for Original Artworks (the “Contract”, or “Original Art Conditions”) establish the terms and conditions that govern the relationship between ARVIVID S.L. (“ARVIVID”), a Spanish entity domiciled at Vía Dos Castillas 33, Building 4, 1st floor, 28224 Pozuelo de Alarcón, with N.I.F. B67763193, and independent artists (the “Artist” or “Artists”) who provide images of their original art works (the “Original Art”) on the website www.arvivid.com (the “Website”), with an aim to publish offers for the online sale of their Original Artworks to users of the Website (the “Users”) and, where appropriate, to reproduce, market and distribute them in accordance with this Contract. Artists must expressly accept these Original Art Conditions before registering and uploading the images of their Original Artworks onto the Website.
- ARTIST’S PARTICIPATION IN THE REPRESENTATION AND DISTRIBUTION OF ORIGINAL ARTWORKS ON THE ARVIVID WEBSITE
Artists must previously register on the Website and have an active Artist account, where they can upload images of the Original Artworks to the Website, which will be published and made available to the Users upon ARVIVID’s approval, with an aim to sell and market the approved artwork.
The Website holds exclusive rights to sell the specific editions that have been expressly assigned to ARVIVID by its author, the Artist. The Artist may publicly communicate, promote and advertise the sale of the edition(s) assigned to the Website if ARVIVID, and its Website is mentioned as the destination of purchase.
Artists may submit the images of the Original Artworks that they wish to market through the Website, once logged in via their personal Artist account, following the process of incorporating and uploading files enabled in the “Artists Area” of the Website, which must be accompanied of a detailed description of the Original Artwork in question the Artist wish to market through the ARVIVID Website (i.e, title of the original of the Original Artwork, image, author, year, style, general technique, and where applicable, location of the original). The Artist must provide the certificate of authenticity detailing appropriate information to the Users who acquire the Original Artwork. If the Artist does not provide the certificate of authenticity, the Artist must sign the certificate provided by ARVIVID.
Artists must provide complete and accurate information about the Original Artworks, including the images or representations of the images that are to be published on the Website for their promotion and sale, as Users do not have physical access to the Original Artworks until they complete the purchase process and receive the physical artwork. The Artist will hold sole responsibility for the information provided regarding the Original Artworks sold on the Website, guaranteeing that the information accurately describes the editions available to Users.
In the event that the description provided by the Artist is insufficient in the opinion of ARVIVID, the Artist may be required to provide additional information, as well as implement suggested modifications or supplements of information to the description. Any ARVIVID suggestion will be communicated to the Artist for approval within 3 calendar days from the said notification. In case of not receiving a response from the Artist to the suggested modifications or complements, they will be understood as effectively validated and the offer for the sale of the Original Artwork will be published together with the proposed description. The Artist holds sole responsibility and is liable for the non-conformity of the description and technical specifications published on the Website regarding the Original Artworks that are distributed to the purchasing Users, even in the case of lack of response from the Artist validating any modified or complementary description of the Original Artworks.
The Artists can initiate the sale of the Original Artworks through the Website, after accepting the Terms and Conditions of Sale of Original Works attached to these. These Original Art Conditions apply exclusively to the Original Artworks provided by the Artist for sale through the Website, excluding the rest of the works and/or editions of the Artist.
Users will have access to the online catalog of the Original Artworks of the Artists through the Website, where Users will be able to acquire the Original Artworks via online purchase within the Website.
- VERIFICATION AND DELIVERY OF ORIGINAL ARTWORKS
Considering that all Original Artworks are available in limited quantities, all purchases and transactions of Original Artworks made by Users through the Website are subject to confirmation and verification by the Artists. Once the User has completed the purchase process, ARVIVID will notify the order to the Artist so that the latter can express any anomaly in terms of availability, estimated delivery times of theOriginal Artworks acquired by the Users in the case that the editions in question are under the Artist’s custody, or any other circumstance relevant to the transaction.
After confirmation of the order by the Artist, the Artist holds sole responsibility for preparing and completing the certificates of authenticity and authorship to be sent to the User, together with the Original Artwork.
Prior to sending the Original Artwork to the acquiring User, the Artist undertakes to collaborate with ARVIVID in order to allow the prior examination of the Original Artwork, through videoconference or any other technical means that ARVIVID has available in time, in order to verify that the Original Artwork meet the requirements of quality and integrity, are in accordance with their description and comply with the obligations and guarantees that the Artist assumes under these Original Art Conditions.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
ARVIVID recognizes and respects at all times the ownership of the Artist’s intellectual property rights regarding their Original Artworks incorporated into the Website, as well as their intellectual property rights over the originals and the editions in question, which will remain under ownership of the author, in this case, the Artist at all times.
In the event that Artist is not the original author of the Original Artworks and is fraudulently acting as a reseller of the Original Artworks, Artist acknowledges that Artist will be fully liable for any future claims, fines or payment requirements imposed upon ARVIVID as a result of the Artist´s false claim of ownership and/or authorship, and that, where appropriate, ARVIVID reserves the right to withhold and claim the appropriate amounts from the Artist to compensate for the loss or damage, material or reputation, caused arising from the aforementioned action of the Artist.
- ECONOMIC CONDITIONS AND PAYMENT TERMS
The applicable retail price for Original Artworks will be determined by the Artist in each case, taxes not included. The Original Artworks that are marketed through the Website are understood as a direct transaction between the Artist and the Users, ARVIVID acting as a mere intermediary in the communication between them, as well as an online sales channel that is made available to the Artists for the promotion and commercialization of their Original Artworks.
For such purposes, ARVIVID will invoice the Users for the purchase of the Original Artworks that they make through the Website, ARVIVID takes a 30% commission from the net sales price set by the artist (excluding tax) for the promotional and intermediary work for Original Art. Artists are responsible for the payment of all applicable taxes and fees incurred in such transactions. Payment to the Artist will be made through PayPal or bank transfer to the account number that Artist provides to ARVIVID in writing, within a maximum period of 10 days from the issuance of the corresponding invoice.
Shipping costs are covered in full by the Users who purchase the Original Art. However, ARVIVID may allow free shipping, in which case, ARVIVID would cover the shipping cost. Artist may entrust ARVIVID to manage and contract the transport or courier services that are necessary to execute the delivery of the Original Artworks to Users.
Generally, ARVIVID does not apply discounts to Original Artworks. However, ARVIVID reserves the right to apply such discounts to no greater than 20% on rare occasions. ARVIVID Employees enjoy a 20% discount on purchases of Original Artwork. The discounts costs will be shared by both ARVIVID and the Artist.
The Artists’ use of the Original Art services, as well as the promotion and intermediation of their Original Artworks carried out by ARVIVID in accordance with these Original Art Conditions do not imply, in any case, the purchase by ARVIVID of the Original Artworks from the Artists and their subsequent resale to the Users, since the sale price to the public of the Original Artworks is fully determined by the Artist as the author of said Original Artworks.
- DONATION TO CHARITIES
ARVIVID actively collaborates with NGOs or other charities (the “Charities”) creating tools that facilitate and promote their financing. Artists can access the list of Charities with which ARVIVID collaborates in the section of the Website called “Art for Good”. In this context, ARVIVID offers Artists the possibility of donating all or part of their remuneration for the sale of Original Artworks to said Charities.
When the sale of the Original Artworks has been linked to a charitable fundraising action, ARVIVID undertakes to donate 100% of the net profit, after deducting costs in marketing and overhead, obtained from commission for the sale of the Original Artworks to the beneficiary NGO. the charitable action in question. The Artist may freely choose to reserve the benefits of the sale, or else, to allocate the income obtained from the sale to charities and NGOs that collaborate with ARVIVID, as described in section 6 of the General Conditions of Contract.
Once the invoice corresponding to the donated remuneration is received, ARVIVID will make the donation in the name and on behalf of the Artist to the selected Charitable Entity. Once the donation has been made, the charity receiving the donation will issue a donation certificate in the name of the donating Artist.
- RESPONSIBILITIES AND OBLIGATIONS OF THE ARTISTS
The Artist guarantees to be of legal age, as well as the veracity, accuracy and authenticity of the data provided in the registration and/or any other information related to their Artist account on the Website, as well as that it will be updated at any moment.
The Artist guarantees the personal authorship, as well as the exclusive ownership of the intellectual and industrial property rights contained in the Original Artworks, to both ARVIVID and the Users, assuring that works submitted for ARVIVID’s representation under the present Original Art Conditions do not infringe any type of copyright, intellectual property rights, industrial property rights, image rights, privacy or honor, or any other rights of third parties.
The Artist guarantees the quality, integrity and good condition of the Original Artworks, applying the highest standards of diligence and professionalism, including aspects such as, without limitation, that the qualities, materials used and the rest of the specifications of the Original Artworks correspond at all times to the description of the Original Artworks published on the Website. The Artist undertakes to notify ARVIVID, with the utmost urgency, of any anomaly detected or could occur and that could harm the marketing and completion of sale of the Original Artworks through the Website.
The Artist guarantees the full observance and compliance with the applicable regulations, including but not limited to, matters of intellectual property and tax, assuming all responsibility for any regulatory breach attributable to the offer and sale of the Original Artworks through the Website.
The Artist guarantees the authenticity and originality of the Original Artworks that it submits to the Website, signing it personally and numbering it correctly in accordance with the provisions of these Original Art Conditions. Likewise, the Artist guarantees that there have never been, and will not be, additional editions to the total number of editions communicated to ARVIVID at the time of submitting the images of the Original Artworks to the Website for sale. The Artist guarantees to incorporate the corresponding certificate of authenticity with the Original Artwork, which will be sent to the acquiring User. In the case that ARVIVID is in charge of printing the certificate of authenticity in question, the Artist shall provide a digitally signed authenticity certificate file or sign the certificate provided by ARVIVID.
In particular, the Artist guarantees that the Original Artworks incorporated into the Website do not participate in the NFT market, ensuring that no additional editions of the Original Artwork will be produced, in accordance with these Original Artwork Conditions. The Artist undertakes to sign, at the request of ARVIVID, a declaration of commitment to such effects.
The Artists undertake to indemnify ARVIVID for any material, moral or reputational damage, expense or cost (including any legal costs) arising from claims or proceedings brought by any third party due to the Artist’s misuse or misrepresentation of the Original Artworks and violations of the Original Art Conditions, and for any event derived from the Artist’s breach of these Original Art Conditions. The Artist acknowledges to be fully liable for the payment of any claim, fine or future payment requirement that may be directed against ARVIVID, and that, where appropriate, the appropriate amounts may be offset or withheld by ARVIVID to satisfy this responsibility.
- DATA PROTECTION
ARVIVID will protect the personal data of the Artists and will use them only to the extent permitted by law or provided that the Artists have given their consent.
- Provide information related to the Original Artworks and the Artist who authored them, according to the artistic category of the Original Artworks, name of the author, country, etc.
- Identify the authorship of the Original Artworks published on the Website, either under the name or pseudonym of the Artist, as requested by ARVIVID in the exercise of its applicable copyright
- Provide the Artist with a space to display their Original Artworks to Users.
- View and manage the uploaded Original Artworks and manage the orders made by Users.
Artists can exercise their rights of access, rectification, deletion, opposition, treatment limitation, data portability, and are not subject to automated decisions and/or revoke the consent given. Artists can request data portability by email to the address indicated above or to the email address firstname.lastname@example.org.
- DURATION AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP
The services related to the promotion, public communication for the offer, intermediation for the sale and support in the transport of the Original Artworks incorporated into the Website will begin to be provided from the acceptance by the Artist who enters theseOriginal Art Conditions, and will remain in force and fully applicable for a minimum and irrevocable period of 1 year from the date of acceptance.
These Original Art Conditions may be automatically extended for annual periods, unless an expressly written objection to renewal is brought by either party at least 30 days in advance of the renewal date.
Either party may terminate these Original Art Terms, without prior notice, in the event of a breach by the other party of any obligations contained therein, provided that, if such breach is remediable, it is not remedied within ten (10) business days following the written notification of the complying party requesting it to that effect, or it is not remediable.
For the purposes of these Original Art Terms and for any communication required between the Contributors and ARVIVID, the Contributors may send an email to email@example.com.
- MODIFICATIONS OF THE GENERAL CONDITIONS
ARVIVID reserves the right to modify or update the Original Art Conditions at any time. The version of the Original Art Conditions applicable in each case will be the one in force at the time of the incorporation of each original Artwork to the catalog of the Website.
- INDEPENDENCE AND INTEGRATION OF THE CLAUSES
The illegality, invalidity or ineffectiveness of any of the clauses of the Original Art Conditions will not affect the effectiveness of the rest, provided that the rights and obligations of the parties derived from the Original Art Conditions are not affected in an essential way.
Essential is understood as any situation that seriously harms the interests of any of the parties, or that the Original Art Conditions fall on the object itself. Said clauses must be replaced or integrated with others so that, according to the law, they address the purpose of the replaced ones. The parties waive any claim for damages that could be requested for this circumstance.
- APPLICABLE LAW AND JURISDICTION
The Original Art Conditions are governed by common Spanish law.
Any controversy related to the Original Art Conditions will be submitted to the competent courts of the city of Madrid (Spain).
- APPLICABLE CONDITIONS OF SALE OF ORIGINAL WORKS
The Website offers the possibility of publishing, together with the offers of Original Artworks, the price of the original work, when it is expressed in physical format, for the purpose of informing and/or offering the original work for sale to the users.
In the event that the Artist is interested in offering the original work for sale, these Particular Conditions include the special conditions that govern said sale, without prejudice to the complementary application of the Original Art Conditions in everything that is not expressly provided for, or contradict the content of these Particular Conditions.
The transfer of intellectual property rights for public communication (in all its forms, including making available through the Internet), for the purpose of promoting and selling the original artwork through the Website is not subject to any exclusivity, for which the Artist may exercise all intellectual property rights related to their works with full freedom and without any limitation.
Notwithstanding the foregoing, the Artist guarantees and assumes all responsibility to:
- Maintain the availability of the original work once an order made by a User through the Website has been confirmed;
- Keep ARVIVID promptly informed at the moment when the original work is no longer available for sale, eliminating its offer through the Artist account of the Website, or by immediate communication to ARVIVID through the communication channels enabled.
- Exempt ARVIVID from any liability against any claims or complaints from representatives of the Artist or third parties for the infringement and/or conflict of the publication, promotion or sale of the original work on the Website, when the work is already committed to other sales channels.