General Terms and Conditions for Artists
These General Terms and Conditions (hereinafter referred to as "GTC") govern the business conduct between the Art Bridge Limited Liability Company (1016 Budapest, Csap utca 5, tax number: 26198020-1-41, business registration number: 01-09-307314, e-mail address: firstname.lastname@example.org (hereinafter referred to as "AB") and the Artist (hereinafter referred to as "Artist", "AB" and "Artist" hereinafter referred to collectively as "Contracting Parties"), who uses the electronic commercial services of AB by uploading his/her artworks on the website of artbridge.shop for the purpose of commercial and marketing activities (hereinafter referred to as "webshop" or "website"). The present GTC includes the terms and conditions of the general contract for the rights and obligations arising therefrom.
AB, which combines creative support and its legitimate digital and paper-based manifestation, undertakes the technical and logistical tasks associated with it in partnership with 220volt Magyarország Kft. (Headquarters: 1135 Budapest, Szegedi út 42-44.).
The sales of digitized photo, graphics and paintings in print format as a new business model provide opportunity to artists in many areas:
- more cost-effective distribution,
- international marketing and custom brand building opportunities through the AB platform,
- real-time settlement
AB is a webshop supporting contemporary artists, providing platform and opportunity to distribute their intellectual property such as paintings, photos and graphics in digital form and as a physical print as well.
Under copyright law, copyright protection is based on the individual, original nature of the work resulting from the author's intellectual activity. The protection does not depend on quantitative, qualitative, aesthetic or quality judgment of the artwork. All artworks selected and accepted by AB are subject to copyright protection.
2. Art Gate Registration
In order to promote and sell the artworks by AB, registration by the Artist at the Aritst Gateway is a prerequisite for cooperation.
When registering, you must provide the following information to AB:
- First Name
- Artist Name
- Profile link
- Invitation code
The Artist will receive an email from AB about the success of the registration. The present GTC will come into effect between the Artist and the AB with the successful Art Gateway registration. The Artist is entitled to delete his/her registration on the website at any time. Artist's user profile and uploaded images will be removed from the system within 30 days after deletion; however, this does not affect the storage of data and documents related to cast orders, which does not result in the deletion of such data. After removal, data can no longer be restored.
The Artist is solely responsible for keeping privacy of his/her user data (especially concerning the password). If the Artist becomes aware of the fact that an unauthorized third party has gained access to his/her password of AB Artist Gateway, he/she must immediately change the password and must notify the Provider about the incident at the same time. The Artist agrees to keep the personal data provided during the registration always up-to-date in order to make them timely, complete and true.
3. Uploading artwork
Only after the valid Art Gateway registration, will the artist be able to upload his/her artworks to the webshop. Each upload will have to be approved by AB prior to publishing on its website. When uploading a digital image, it is possible for the Artist to set the printing size options for each unique design. The minimum required upload size of each image will depend on the printing option selected.
The Artist can also specify the maximum number of copies, that is, the limited edition, the number prints that can be maximum printed of the digital image. Regarding the limited edition number, no further copies for printing is possible after the maximum allowed number has been reached. If the Artist does not provide a limited edition number, that is the open edition, meaning no quantitative binding will be limiting the production of printed artworks. As long as the digital image is not deleted from AB's website, the digital image can be reproduced.
4. Permission to use
All images uploaded or published on AB's website are artworks which ar copyrighted by the Artist, originating and belonging solely to the Artist ("Own Artwork"). The Artist hereby declares that the (i) uploaded images are created by himself/herself, he is the creater of the "Own Artwork", (ii) has all the necessary rights to grant permission to use specified in this GTC; (iii) AB does not require permission from third parties for the Own Artwork and cannot be charged royalty by third parties; (iv) its Own Artwork and its distribution in the webshop does not infringe the copy rights or human rights of third parties; and (v) the Own Artwork meets all the applicable legal requirements.
The registrering Artist agrees to provide AB with the rigth to distribute the uploaded artwork by digital and paper-based format. The permission shall cover:
- online webshop distribution in printable format,
- marketing and publicity by refering to the Artist (website, blog, social media).
By uploading the Own Artwork to the AB Website, the Artist provides AB with worldwide, non-exclusive permission to use the artwork in a limited timeframe and in limited methods. Based on the permission to use, the Artist authorizes AB to copy, transfer, distribute through the website for sales, publicly display and market the artworks (in both known and future media which can be websites, blogs or any social media interface), thereby enabling digitally printed reproduction (in limited or open edition depending on further specifications). Based on the permission, AB also has the right to create and edit the materials derived from the Own Artwork, in order for AB to display Own Artwork on its website and on other interfaces. The Artist also allows AB to archive and store the Own Artwork for any disputes, legal proceedings or other investigations. The present permission to use is for a definite period of time, so that it is up to the deletion of the Own Artwork from the Artist Gateway. However, that part of the permission that concerns legal archiving storing of data is for an indefinite period of time.
5. Cooperation between the Parties
AB will take over the portfolio provided by the Artist for digitization, distribution, marketing and promotion, with effect from the date of the adoption of this Agreement for an indefinite period of time.
AB's inalienable right to decide what marketing tools are to be used on the internet on its own interface and have the right to decide which pieces of the uploaded portfolio AB intends to publish.
Contracting Parties shall consult each other on a regular basis by e-mail and telephone as stated under paragraph 2.1.
AB will perform the tasks undertaken in this GTC by its own means and equipment and its counterparts'.
AB is obliged to report to the Artist via the Artist Gateway about the business and sales results on the first day of each month from the date of the first upload (eg registration on March 5, reporting on 1st April and on each first day of each following month).
AB is obliged to inform the Artist about any activities concerning the Artist and about the status of any cases in progress at the request of the Artist, and if necessary without notice, in particular notification is needed immediately of any circumstances affecting the effectiveness of the fulfillment of this GTC.
Artist must inform AB about all relevant issues that are needed to deal with ongoing cases.
If AB requests for additional information or personal conciliation, the Artist is obliged to comply within 2 working days of receiving the request.
The Artist by completing the registration on the AB website agrees to provide AB with all the information and data that is necessary for the fulfillment of his/her obligations under this GTC.
The Artist can upload to AB webshop and can distribute his/her artwork via AB webshop solely after successful registration on the Artist Gateway, which is subject to the acceptance of this General Terms and Conditions.
The AB excludes its liability:
- for any quantitative obligation regarding sales and marketing activities
- for any errors in the Internet, which might temporarily hinder the website operation
- for any content from third party sent through internet
- for any bugs, technical errors or force majeure caused by AB's system,
- for incorrect specifications and descriptions on AB website
- the Artist may only upload his or her own intellectual property, AB is not obligated to control it, that is to say, in the event of any misuse of the intellectual property of a third party, all legal consequences shall be borne by the Artist. AB is not liable for any liability damages to third parties for misuse.
- for the consequences of any data wrongly provided by the Artist
- for any damages caused by the Artist forgetting his or her password.
The contract is concluded by the Artist accepting the present GTC electronically via the Artist Gateway registration, the contract will be filed and archived on the Artist Gateway under the Artist profile where it will be available anytime onwards.
The Artist may use the Website and Artist Gateway only at his/her own risk and accept that AB is not responsible for any material or non-material damages arising out of usage. AB disclaims all responsibility for any misconduct of the website and the Artist Gateway. The Artist is obligated to ensure that during his/her Artist Gateway usage the rights of third parties or the governing laws are not directly or indirectly impaired.
The service pages may contain links that lead to pages of other providers. AB is not responsible for the privacy practices and other activities of these providers.
7. Commission and payment terms
The Artist's will receive commission based on the number of printed copies sold via the AB webshop from the uploaded artworks which is the Artist's own intellectual property. The following process applies:
- AB based on the sales results, will issue a Monthly Sales Report (thereafter refered to as "MSR")to the Artist, which will form the basis of the commission
- The MSR includes all sales results from the digitally printed images of each month from the artist's Own Artwork via the AB webshop
- MSR will be always published on the first day of the following month of the reference month on the Artist Gateway under the Aritst's user profile.
- AB is obliged to pay the gross amount of commision specified in the enclosed table, which includes VAT. Payment to the Artist will take place via transfer to the bank account specified by the Artist against invoice issued by the Artist reflecting the MSR sales figures of the reference month.
- The Artist is obliged to send the invoice by mail to the last day of the following month of the reference month (mailing address: 1016 Budapest, Csap utca 5. I. em. 2), by electronic invoicing submitting by e-mail to email@example.com.
- AB will pay the commission to the Artist by bank transfer within 15 (fifteen) days of receiving the invoice.
8. Digital data storage and handling
The artist's image is stored by the Amazon Simple Storage Service (Amazon S3). Uploaded raw, original images can not be accessed from any external public link, only the system can access it. Small-resolution public preview images viewed by users are generated and made available by an AWS Lambda via the Cloudflare CDN network.
Staff of the Printing Company can access the original file for acceptance and then for production on a temporary private link. The private link to the press will be available on a single order basis until the order closes.
When uploading a digital image for print review, the Printing Company gets the full-resolution material to decide whether or not the parameters of the design are appropriate.
The Artist is entitled to delete the image uploaded by him/her, in which case both the original and the generated image and the generated preview image will be deleted at least within 30 days after the request for deletion was submitted. Withdrawing the request is possible up to 30 days after the request for deletion. Request for deletion of an image by Artist does not affect existing purchases under process. AB agrees that the image will not be sold after 30 days from cancellation by the Artist.
AB is entitled to delete or reject any uploaded and approved or not yet approved artwork by the Artist without any justification or without any specific reasoning at any time.
9. The scope, modification of the GTC
AB reserves the right to change the GTC.
Any changes will come into effect by being published on the AB website.
AB is entitled to modify the present GTC unilaterally with prior notification on the Artist Gateway. The revised and modified GTC will become effective towards the Artist upon the first use of the Website after the publication of the new GTC, and shall be applied to orders placed after the change.
AB reserves the right to make any changes, updates or corrections on the website at any time without prior notice and to transfer the website to another domain name at any time also without prior notice.
10. Deleting the registration on the Artist Gateway.
AB is entitled to delete the Artist Gateway registration, in its sole discretion, with immediate effect if the Artist seriously violates his/her obligations under the present GTC and will not remedy it under the written request of AB. By deleting the Artist Gateway Registration, the Artist's uploaded images, both the original and the generated preview images, will be automatically deleted at the latest 30 days after the deletion is ordered.
The concluded present GTC involves mutual business confidentiality borne by the Contracting Parties. Furthermore, any data and information related to this GTC generated outside this contract shall be treated with confidentiality by the Contracting Parties as well.
The obligation of confidentiality by the Contracting Parties after the fulfillment or termination of this GTC shall remain in force without expiration in time.
Contracting Parties shall state that they made all necessary information and documents available to each other or during the course of business conduct. Any documents generated is falling under the privacy protection in force at all times, no third party or organization in any way can be involved by data transfer electronically or on paper .
Generated document copies will be returned to each other.
12. Data handling
Upon successful registration via the Artist Gateway, the Artist agrees that AB will be responsible for handling and processing the uploaded data within the current legal framework. AB at any time and anywhere, can use the uploaded Artwork without fee payment.
Any legal declarations, messages or notices relating to this GTC are valid only in writing and only if the legal declarations, notifications or information transfered by e-mail have been confirmed by the addressee or if the sender can prove credibly that the recipient has received the notification.
14. Miscellaneous provisions
Contracting Parties agree that the present GTC is subject to Hungarian law, in matters not governed by this GTC, shall be in accordance with the provisions of the Civil Code of 2013 ("Ptk.") and the Electronic Commerce Services and Information Society Services on certain issues of CVIII. Law of 2001. The mandatory provisions of the relevant legislation shall apply to the parties without any specific clauses.
Contracting Parties shall try to settle disputes between themselves by negotiation. If they fail to do so,they shall turn to the appointed court of competent jurisdiction. In case of any legal dispute between the Contracting Parties subject themselves to settling such disputes under the exclusive jurisdiction of the Central District Court of Buda and the Székesfehérvár General Court.
The present GTC is accepted by the Artist by registering at the Artist Gateway after the content of this GTC is thouroughly checked, interpreted and found in line with his/her own will.
The date of this GTC's entering into force is same time when accepting the General Terms and Conditions for Artists (that is to say when clicking on the checkbox when signing in).