User Agreement

By accessing ArtworkFans or any of its applications or services you agree to be bound by this User Agreement. This User Agreement will affect your legal rights and obligations. If you do not agree with this User Agreement then do not use this service.

General Terms

  • You must be at least 18 years old to use this service.
  • You agree to keep your logins secret and secure.
  • You must not use the service to perform illegal activities and will comply with all laws, rules and regulations (including but not limited to copyright laws).
  • You are responsible for the data that you submit to the service, please ensure that you have rights to use it.
  • You will not use copyrighted material unless authorized to do so.
  • You will not upload pornography or sexually explicit content.
  • You will not sell or transfer usernames or accounts without our prior permission.
  • You will not create accounts for anyone other than yourself. Do not impersonate others or create accounts for entities or businesses that you don’t own or have the rights to create an account for.
  • You will not harass or stalk any users or cause a user discomfort.
  • You must not use website (.com) addresses in your usernames.
  • You must not distribute viruses or malicious code on the service.
  • You must not spam.
  • You must not scrape the site unless authorized to do so.
  • You must not create fake versions of this service on other websites and represent it as though it is our service (fake copies).
  • You agree not to collect login credentials of users.
  • You understand that we can’t be responsible for posts of other users on the service. If you believe they are in violation of these terms then please contact us and we will remove any violations where possible.
  • The ArtworkFans name and logo must not be copied or used in a negative way. You may however link to us in a way that helps us promote our brand or awareness. If you are unsure just get in contact with us.

If there are any violation of this agreement ArtworkFans will reserve the right to remove your account or limit your access to the service.

 

Artist Terms And Conditions

Opening An Account

To sell products on ArtworkFans you must first create an account.

After opening an account we will include a profile with any information you choose to provide publicly. If you choose to close your account at any time we can remove this profile with your request.

You agree to provide accurate, current and complete information and agree to update any information to keep it accurate.

Uploading Your Content

By submitting content to ArtworkFans you agree to be bound by the terms of this agreement.

By submitting content to ArtworkFans, you grant ArtworkFans a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service. ArtworkFans does not claim ownership of any Content that you post on or through the Service. You further grant ArtworkFans worldwide, non-exclusive rights to use the images you submit and your name, username and Images in connection with ArtworkFans’ marketing and promotional activities without the payment of any compensation to you.

User Representations And Warranties

When you upload your content to the marketplace you represent and warrant that:

  • You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive material that is connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Artist Earnings

The retail price of the product is made up of a Base Price charged by ArtworkFans for the manufacturing of the product plus an Artist Margin in addition to any additional taxes and shipping costs.

You can adjust the Artist Margin on any of your products at any time by changing the margin in the artist section of the website. The retail price will not change for any sales that have already taken place before your changes have been made.

Any sales and discounts will reduce the amount of commission you earn on a sale. While these sales and discounts will impact your profits, they are an important tool to drive and increase sales for your products and shop.

Earnings Formula 

 

No Sales / Discounts

Base Price x Artist Margin % = Artist Earnings

Example

$50 Base Price x 10% Artist Margin = $5 Artist Earnings

 

With Sales / Discounts

(Base Price - Discount) x Artist Margin % = Artist Earnings

Example

($50 Base Price – 20% Discount) x 10% Artist Margin = $4 Artist Earnings

 

Payments

All Australian sellers will be paid Artist commissions in Australian Dollars (AUD)

All other sellers will be paid in United States Dollars (USD).

Payments usually are made between the 15th and 20th of every month for any sales that were made on or before the 15th of the previous month (and not yet settled) which were not cancelled or returned within 30 days of the sale date.

All payments will be made by PayPal. If you do not have a PayPal account you can not receive payments from ArtworkFans.

There is no minimum balance required for payments. Any amount payable more than $0 will be paid to your nominated PayPal account.

Content Visibility

You acknowledge that it may take some time for your content to appear on the website. This may be up to 2 business days in some cases. The placement of your products in the listings is not guaranteed and may be influenced by factors such as titles, keywords, price, etc.

Passwords

It is your responsibility to ensure that your passwords are secure. If for any reason you believe your password has been compromised you must immediately update it. From time to time we may require you to change your password.

Closing An Account

If you would like to end the service please contact us and we will assist you in removing your account. After removal you will no longer be bound by the conditions of this User Agreement.

Termination Of Service

From time to time we will need to remove accounts that violate the conditions set out in this agreement or if we believe that you are not using the account in a responsible manner. We reserve the right to remove any account for any reason. Any rights or licences will be terminated if your account is removed. If your account is terminated by us no existing commission payments will be paid out to you.

Advertising

You agree that we may show advertisements within the content that you post. We may change the types of advertising and position of the advertising from time to time without permission from you.

Adult Content

At this time ArtworkFans does not currently allow adult content to be published to the website. Please use your judgement for uploaded works with nudity.

Taxation Responsibility

ArtworkFans will collect and remit any sales taxes where applicable (VAT, GST, sales taxes, etc.) and required by law.

ArtworkFans will not collect or remit any income taxes on your behalf or any other taxes not required by law. Any amounts distributed to you will be considered inclusive of any taxes applicable.

We will not supply any taxation forms (such as the W9) or give any taxation advice.

Any commissions paid can be calculated by visiting the sales section on the Artist sections of the website in order to prepare any taxation documents.

 

Customer Terms And Conditions

Orders

We reserve the right to reject an order or impose quantity limits for orders even after you have placed an order. If your order has been cancelled for any reason you will receive a full refund for your order.

Inaccuracies

We can not guarantee that all information and descriptions are 100% accurate. We strive to make sure the site and any content is correct and accurate but if your product is not as described please return the item in unused condition as per the terms stated in the returns policy.

Returns

As a customer we want you to be happy with the quality of the goods you receive. For full terms of our returns policy visit our shipping & returns page.

Pre-screening Works

We do not pre-screen or examine works uploaded to the site but we do reserve the right to do so. As a result you may be exposed to works that are offensive, indecent or objectionable.

 

Additional Terms And Conditions

Copyright Infringement Claims

If you notice something that is breaching copyright laws you can report it by clicking on the “Report Copyright Infringement” link at the bottom of any of the product pages.

Where possible we will review any reported copyright infringements and remove violating content. If a user is continuing to breach copyright laws we have the rights to remove their account or restrict access to the service.

Privacy

We take privacy seriously. In simple terms we will not sell your email addresses, names or information provided to third parties or anyone else. We may send promotional materials and show advertising to you on the service or through your email but we will never give your personal details away or expose them to third parties without your prior consent. See the Privacy Policy for full terms.

Limitation Of Liability

We are not responsible for any losses due to service unavailability. We will do everything in our power to keep the services running at all times but we may have times where the service is inaccessible. As a service included on the internet we may have times where we are targeted and your information is either lost or stolen, we will include as many security features as we can to ensure we minimize the risk but the threat is always going to exist.

UNDER NO CIRCUMSTANCES WILL ARTWORKFANS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE OR ANYTHING WITHIN THE SERVICE. THIS INCLUDES DAMAGES INCLUDING BUT NOT LIMITED TO SECURITY BREACHES, BUGS, VIRUSES OR FRAUD. IN NO EVENT WILL ARTWORKFANS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Amendments To This Agreement

We may make amendments to this document from time to time. We will make reasonable efforts to notify you by email where an email has been provided. If any changes are made to this agreement we will update the date at the bottom of the agreement. Your continued use of our service will constitute an ongoing agreement to the terms outlined in this agreement.

Contact

This User Agreement is an agreement between you and ArtworkFans. If you have any questions about this User Agreement, please contact us using the following page:

Contact Us

 

Last Updated:

10 November 2023