Terms and Condition

Art Nirvana Terms and Conditions

Last Updated Date: May 01, 2017

Art Nirvana provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the “Services“) through our APP, accessible at ‘ArtNirvana.gallery’ (the “Web portal and App“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at http://www.artnirvana.gallery/privacy-policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Web Portal and APP  and Services, and constitute a binding legal agreement between you and ArtNirvana.gallery.

Certain areas of the Web Portal and APP  and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Web Portal and APP  or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Web Portal and APP  or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE Web Portal and APP  OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE Web Portal and APP  OR SERVICES OR BY POSTING ANY CONTENT ON THE Web Portal and APP  , YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE Web Portal and APP  . IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Web Portal and APP  OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Art Nirvana reserves the right, at its sole discretion, to modify, discontinue or terminate the Web Portal and APP  or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Web Portal and APP  or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the APP or Services after we have posted a modification on the Web Portal and APP  or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Web Portal and APP  and Services.

Eligibility

The Web Portal and APP  and Services are intended solely for persons who are 18 or older. Any access to or use of the APP or Services by anyone under 18 is expressly prohibited. By accessing or using the Web Portal and APP  or Services you represent and warrant that you are 18 or older.

Account Registration

In order to list a work on the Site or to make a purchase through the Web Portal and APP , you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Art Nirvana reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Art Nirvana of any unauthorized use of your Account.

Termination and Account Cancellation

If you breach any of these Terms, Art Nirvana will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art Nirvana reserves the right to revoke your access to and use of the Web Portal and APP, Services, Art Nirvana Content and Member Content at any time, with or without cause. In the event Art Nirvana 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 help.artnirvana@gmail.com .

Color

You understand and agree that Art Nirvana uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Web Portal and APP and Services. However, because individual computer monitors may display colors differently, Art Nirvana is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.

Privacy

See Art Nirvana’s Privacy Policy at http://www.artnirvana.gallery/privacy-policy/ for information and notices concerning  Art Nirvana’s collection and use of your personal information.

Seller Terms and Conditions

Listing Works on the ART NIRVANA Web Portal and App

As a Member, you may submit listings for original works of art (“Original Works of Art“) that you have created and that you desire to sell through the Web Portal and APP and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art (“Digital Works‘) that you have created and that you desire to commercially exploit through the Web Portal and APP and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Art Nirvana with all the information requested on the applicable page of our Site and you must comply with any other Art Nirvana requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Art Nirvana with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete .

Art Nirvana reserves the right to edit any listings to ensure that they are accurate according to our terms and conditions with your knowledge. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours 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.

You acknowledge that Art Nirvana reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the APP – please see below for instructions.

If you want to remove a listing for an Original Work of Art or Digital Work from the AP Web Portal and APP  you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page. But You cannot remove before 3 months of submission.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Web Portal and APP  and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Web Portal and APP and 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 Web Portal and APP and 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 Art Nirvana 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 Web Portal and APP and Services nor Art Nirvana’s 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, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original Works of Art, you hereby appoint Art Nirvana as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Web Portal and APP and Services and on third party websites (collectively “Online Sales”) and you hereby grant  Art Nirvana a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, 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 Art Nirvana, the Web Portal and APP and the Services. 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, if any, 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 will you will be solely responsible for the sale and resale of the printed version of the works.

If you submit listings for Digital Works, you hereby grant Art Nirvana a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”)”). and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Art Nirvana, the APP/site  and the Services. 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, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Art Nirvana may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Art Nirvana to process and fulfil orders for Printed Works.

As between you and Art Nirvana, Art Nirvana will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and  Art Nirvana, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.

Art Nirvana will not be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases through the third party and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon the purchaser and the third party website. Art Nirvana is not responsible in anyway related to the purchase between the third party and the purchaser.

For Original Works of Art only, Art Nirvana will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Art Nirvana, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Art Nirvana will provide you with information regarding its preferred shippers with which Art Nirvana maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within ten days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.

For sales of Original Works of Art via the Online Sales channels, Art Nirvana will credit your Account in an amount to be determined in accordance with Art Nirvana’s then-current standard service charges which is ( 5%  if  the art work is sold from your Profile  directly and 20% if it is sold from art Nirvana Exhibition or Art Nirvana’s own Gallery or promotional activities ) of the cost of the art work; for sales of Original Works of Art via the Web Portal and APP and Services, subject to Art Nirvana’s receipt of confirmation of delivery to the purchaser, Art Nirvana  will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via Art Nirvana App, Art Nirvana will credit your Account with the corresponding Artist Revenue Share within 30 days from the date of the artwork is sold  and the fact that the art work or works have been successfully delivered to the purchaser, as determined by Art Nirvana, in its sole discretion.

You agree to comply with the terms and conditions of Art Nirvana’s then-current Return Policy which says the followings are applicable to any Original Works of Art that are sold through the Web Portal and APP and Services.

a. If the buyer did not received your painting which he/she has paid for and if  there is a complaint from the buyer about the same within 30days of the sold date, then the money will return to the buyer.

  1. if the buyer complaint that he received a different art work than he/she has booked for and we found the case is proved with right kind of proof then the money will be returned to the buyer or you have to send the right art work to the buyer with his/her agreement.

You will have the right to request Art Nirvana to remit the Artist Revenue Share in your Account in accordance with a Art Nirvana-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Art Nirvana will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

If you remove a listing for a Digital Work from the Site, the license rights granted by you to Art Nirvana to manufacture, distribute and sell Printed Works 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 Art Nirvana and its third-party subcontractors to fulfil any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Art Nirvana or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Art Nirvana with respect to using such Digital Work to promote Art Nirvana, the Web Portal and APP and the Services will remain in full force and effect for only as long as necessary for Art Nirvana to fulfil any current obligations that require using the Digital Work for such promotional purposes.

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