Muse Contemporary Terms of Service
Last Updated Date: 23 February, 2021
Muse Contemporary reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time. 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”.
Modifications to the Services
We inform that the decision about which artworks we will put on the website will be agreed with the artist and will require his/her consent. If we decide to change the URL, modify or discontinue to show any artwork, we will do so with the consent of the artist.
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.
See Muse Contemporary Privacy Policies at www.musecontemporary.com for Privacy and Protection of Rights for personal data.
Artist/Seller Terms and Conditions
Muse Contemporary chooses with the artists which works will be listed on the website in a curational effort and representing best the artists portfolio. In this regard, the artist needs to provide all the information requested by Muse Contemporary and your listings must be accurate and complete .Muse Contemporary will put your listings and reserves the right to edit them to ensure that they comply with Muse Contemporary guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several 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.
Muse Contemporary reserves the right to promote and market your artworks through the use of sales and/or discounts, only with your prior agreed consent. The sale or discount amount will apply to the listing price of the artwork and the conditions will be agreed with the artist. You always retain the right to request removal of a listing for your work. If you want to remove a listing for an artwork from the Services you must inform Muse Contemporary.
Responsibility for Works
For all the works you make available through the Services, and that are not found physically in the Muse Contemporary Gallery, you acknowledge and agree that you are solely responsible. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Muse Contemporary the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Services nor Muse Contemporary 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.
If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and you hereby grant Muse Contemporary a worldwide, nonexclusive, right and license to: (i) use, reproduce, distribute, and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Muse Contemporary. 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, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If you submit listings for Digital Works, you hereby grant Muse Contemporary a worldwide, nonexclusive, right and license, to: (i) use, modify (as appropriate in connection with the print-on- demand services and shipping of Printed Works), reproduce, distribute, and publicly display the Digital Works and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Muse Contemporary. 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, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital Work.
Muse Contemporary may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Muse Contemporary to process and fulfill orders for Printed Works.
Muse Contemporary will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Muse Contemporary, you will be responsible for shipping the purchased artwork directly to the purchaser. Muse Contemporary will provide you with information regarding its preferred shippers with which Muse Contemporary maintains an account. You agree to ship the purchased artwork to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship
the purchased artwork to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased work via a Muse Contemporary preferred shipper account,Muse Contemporary will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address, if you are using a Muse Contemporary preferred shipper. If you do not ship the purchased artwork via a Muse Contemporary preferred shipper or if you pay for the cost of shipping yourself,Muse Contemporary will reimburse you for the amount you paid for shipping, up to the amount that Muse Contemporary charged the purchaser for shipping.
For sales via the Online Sales channels, Muse Contemporary will credit your Account in an amount to be determined in accordance with Muse Contemporary’s then-current standard pricing and revenue share terms, subject to Muse Contemporary’s receipt of confirmation of delivery to the purchaser, Muse Contemporary will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period.
You agree to comply with the terms and conditions of Muse Contemporary then-current Return Policy that are applicable to artworks sold through the Services.
When we remove a listing for a Digital Work from the Services, the license rights granted by you to Muse Contemporary with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Muse Contemporary to fulfill any in-progress orders for such Printed Works.
For all works sold online, the packaging is shared responsibility of the artist and Muse Contemporary. Please read the guidelines carefully. This document will be separately given to you. In case, you need any clarification, contact a Muse Contemporary representative. Muse Contemporary will insure the works during the shipment, however, casualties resulting from inproper bad packaging will never be reimbursed.
If you are a Member and have submitted a listing for an artwork and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such work to such Member independent of Muse Contemporary and the Services. Similarly, if you are a Member and desire to purchase an artwork for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such artwork from such Member independent of the Muse Contemporary and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Muse Contemporary including, without limitation, injunctive or other appropriate relief.
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 Turkish Lira 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 an artwork, you acknowledge that Muse Contemporary will withhold the Taxes required to be withheld from the payments Muse Contemporary makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid.
You understand and agree that Muse Contemporary uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Muse Contemporary s not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
Certificate of Authenticity
The Artist is required to deliver any certificate of authenticity to accompany the artwork at the purchase. Muse Contemporary will provide the artist with a template and the artist will have the responsibility to print and put the certificate in the package of the artwork, unless the artwork is in the Gallery of Muse Contemporary.
Termination and Account Cancellation
If you breach any of these Terms, Muse Contemporary will have the right to suspend or disable your Account or terminate these Terms and will notify you about the reason. In the event Muse Contemporary 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 email@example.com.
Muse Contemporary reserves the right, with or without prior notice, to: change software or services; limit the available quantity of any artworks, products, subscriptions, software, or services, for improvement or inventory management.
YOU ACKNOWLEDGE AND AGREE THAT, BY SELLING A WORK ON OR THROUGH 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.
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