Terms of Service

Last modified: June 01, 2019

In this document, “You” or “User” refers to an artist or buyer using this website in any capacity. “We”, “I”, “Us”, “Service”, “Company”, or “Arty” refers to Arty as an online service and Australian business (ABN 15 173 389 577). “Content” refers to information uploaded or posted on Arty including images (photography, drawn, or other) or text. “Account” refers to a User’s Arty account accessible with their credentials.

By buying or selling on Arty You agree to the terms and conditions detailed on this page. You also recognise that it’s Your duty to regularly check these terms to ensure You are compliant with them. Account holders will be notified if major changes are made to this document; however, minor changes may be made to these terms without explicit notification so please touch base with this page frequently.

In the event that one part of this document is deemed unenforceable by law, that will not affect the enforceability of the document as a whole.

Thank You for considering Arty for your commissions, I will keep this brief because no one enjoys reading terms and conditions (unless you do, in which case… I’m sorry?). There are a few ground rules we need to run through. The first one is obvious: You use this service entirely at your own risk and knowing it does not come with any express or implied warranties and is not liable to you for any losses caused through its use.

Age Requirements

Due to TransferWise limitations, artists under the age of 18 (or the minimum age required to use TransferWise in your country) are required to have a verified PayPal account in order to use Arty. Payouts for these artists will be made via PayPal. If You are ineligible for both a TransferWise and PayPal account you cannot use Arty. There are no age restrictions for buyers.

Ownership

The User is responsible for, and has ownership of the content, that is, both images and written information, they upload or post on Arty. Arty is in no way responsible for the content uploaded by the User.

This means two important things:

  1. As an artist, You have complete control over Your work. We will not use Your work for any other reason than the core functional requirements of Arty without Your written consent.
  2. The onus is on You to ensure the content You upload or post to Arty is compliant with these Terms of Service, and Australian law.

Prohibited Content

Arty is an Australian business and therefore governed by Australian law. Artists must familiarise themselves with the applicable laws before uploading or posting content to Arty. As a general rule though, if it’s not illegal and not in the list below, then it’s permitted on Arty. If You are unsure then You should seek legal guidance before using Arty.

If in doubt, don’t upload it.

Regardless of legality, the following content is not permitted on Arty:

  • Content depicting a minor or animal that could be seen to cause “reasonable offense”; including, but not limited to, content that portrays physical harm, or pornography.

Arty reserves the right to remove, and if necessary, report to law enforcement any content deemed prohibited.

Australian Financial Services License

We do not hold an Australian Financial Services License and this website does not offer a financial product or provide general or personal financial product advice. Nothing on this website is intended to be or should be taken as financial, legal or taxation advice.

Payments

Payments are final and non-refundable. However, the Company may, in its absolute discretion, refund portion or all of a transaction in line with the information contained within the Dispute Rules.

Account Closure or Termination

You may close Your Account at any time by notifying Your intent to Arty via our contact page. We may suspend or terminate Your Account:

  • If You violate any of the terms contained within these Terms of Service or the Dispute Rules,
  • If we suspect You are in breach, or planning on breaching, any of the conditions contained within these Terms of Service, the Dispute Rules, or Australian law,
  • If we suspect You are using Arty’s escrow to engage in unethical or illegal behaviour; or,
  • For any other reason, at our sole discretion.

Arty will report to law enforcement any Account behaviour identified as in breach of Australian law.

Disputes & Chargebacks

Arty will investigate a dispute or chargeback against Your Account and where appropriate will counter-dispute on Your behalf. You will not be penalised for disputes that are counter-disputed and result in a favourable resolution for Arty, or where You and Your client come to an agreement that is favourable for Arty.

At our sole discretion, and without notice, We may report a dispute or chargeback as a potential breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTFAct), and the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules). We reserve the right to share any information about the dispute, the parties involved, or anything else deemed appropriate, with applicable governing bodies.

In some cases, You may be held responsible to payback money owed to a client. There are three main types of disputes that Arty can attempt resolution for:

  1. A dispute through Arty: A dispute filed on Arty will be mediated and resolved in line with our Dispute Rules. You will not be financially penalised for a dispute that results in a favourable resolution for Arty. However, a dispute may result in a full or partial refund for the client in which case You will be held financially responsible. Further details are found within the Dispute Rules document.
  2. A dispute through PayPal/Braintree/Stripe: A dispute filed through a payment provider used by Arty will be counter disputed. You may be held financially responsible if this dispute results in an unfavourable outcome for Arty.
  3. A chargeback through the issuing bank: A chargeback filed with the issuing bank against Arty will be counter disputed. You may be held financially responsible if this dispute results in an unfavourable outcome for Arty.

You may be required by Arty to provide evidence of Your dealings with a client who issued a dispute or chargeback. Failure to promptly respond to Email requests made by Arty during this process may result in an unfavourable resolution.

At our sole discretion, You may be held financially responsible for disputes or chargebacks that are identified to be legitimate (for example if You do not deliver a commission) or if You do not promptly respond to assistance requests made by us.

Frequent chargebacks against Your Account, regardless of legitimacy, will result in termination of Your Account.

Changes to the platform

At our sole discretion, we may:

  • Add or remove payment methods for purchasing commissions,
  • Add or remove payment methods for artist payouts,
  • Modify our fees,
  • Temporarily freeze or limit payouts; or,
  • Freeze payouts for a User who has breached these Terms of Service.

Some of these are drastic measures which we hope never to enact, but they are necessary to protect the Company and Account holders.

Liability for loss

Arty has no liability to a User for any theft which arises from any unauthorised use of the User’s Account or Account information. However, the Company may, in its absolute discretion as an act of grace, compensate a User for some or all of their losses arising from theft.

Warranties and Liabilities

WE TRY TO KEEP ARTY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ARTY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ARTY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ARTY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ARTY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ARTY WILL NOT EXCEED THE GREATER OF FIVE DOLLARS ($5) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARTY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.