Certain areas of the Services 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 Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
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.
Modifications to the Services
We also reserve the right to change the URL, modify or discontinue the Site, and restrict or block access to the Services without notice to you. We may modify the location of or completely remove any Art Works from the Site from the Services at any time without notice to you, including the removal of any ArtWorks that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
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. We undertake no obligation to update, amend or clarify information in the Services, except as required by Applicable Laws. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The Services are intended solely for all the persons who are of legal age or older. The services are specifically not available to Indian minors under the age of 18. Any access to or use of the Services by anyone under the legal age is expressly prohibited. By accessing or using the Services, you represent and warrant that you are legal age or older.
In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), 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 or by utilizing our guest checkout option, 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. RTS ARTS LLP 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 RTS ARTS LLP of any unauthorized use of your Account.
Seller Terms and Conditions
Listing Art Works on the Services
After registering with RTS, you will be eligible for RTS membership. The subscription fee for the membership will be applicable as mentioned on the website at the time of registration. The subscription fee will be applicable for a period of one year and will be renewed every year upon your confirmation. If you fail to pay the annual subscription fee, we reserve the right to revoke your membership. As a Member, you may submit listings for Art Works that you have originally created and that you desire to sell through the Services. You may not submit listings for those ArtWorks that were created by another artist. In case you submit listings with a desire to sell your Art Works through the Services, you will become a “Seller” for the purposes of this section.
In order for your listings to be accepted, you must provide RTS ARTS LLP with all the information requested by RTS ARTS LLP and you must comply with any and all other RTS ARTS LLP requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing RTS ARTS LLP with a copy of any recognized photo Identity card, including Passport or any other similar documentation and/or information. Your listings must be accurate and complete and comply with RTS ARTS LLP’s listings content guidelines, which are available at www.roadtosangam.com RTS ARTS LLP reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 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.
You acknowledge that as part of and for the promotion of the Services, RTS ARTS LLP reserves the right to promote and market your Art Works through any media, including on social and print media, and through the use of sales coupons and/or discounts. The sale coupon or discount amount will apply to the listing price of Art Works. You always retain the right to remove a listing for an Art Work from the Services.
If you want to remove a listing for an Art Work from the Services, 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.
Responsibility for Art Works
You acknowledge and agree that you are solely responsible for all ArtWorks that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Art Works that you make available through the Services, you are the creator and owner of all such Art Works; or you have all rights, licenses, consents and releases that are necessary to grant to RTS ARTS LLP the rights in such Art Works as contemplated under these Terms; (ii) neither the Art Works that you make available through the Services nor RTS ARTS LLP’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, Intellectual Property Rights or other third party rights, or result in the violation of any Applicable Laws ; and (iii) your Art Works shall not (a) be libelous or otherwise defamatory, (b) be obscene, pornographic or indecent, (c) constitute an incitement to commit a crime, (d) depict violence in an explicit, graphic or gratuitous manner, (e) be in contempt of any court or court order, (f) constitute any negligent advice, (g) contain a negligent or incorrect statement, (h) be racial or promote religious hatred or in breach of any discrimination legislation, (i) be in breach of any contractual obligation owed to any person, and/or (j) constitute spam.
If you submit listings for Art Works, you are selling such Art Works through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant RTS ARTS LLP a worldwide, transferable, nonexclusive, non-revocable right and license, with a right to sublicense, to (i) use, reproduce, distribute, publicly perform and publicly display copies of the ArtWorks sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Art Works in any form, medium or technology now known or later developed for the purpose of promoting, 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 Art Works via the Online Sales channel.
Digital Works. If you submit listings for Art Works categorized on the Site as digital works (“Digital Works”), you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service. If you submit listings for Digital Works, you hereby grant RTS ARTS LLP a worldwide, transferable, nonexclusive, non-revocable right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital 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 RTS ARTS LLP 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. RTS ARTS LLP may appoint one or more third-party subcontractors, who may exercise the license rights above for the purpose of enabling RTS ARTS LLP to process and fulfill orders for Printed Works.
If an Art Work is 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 RTS ARTS LLP, these Terms will apply to the sale of such Art Work.
RTS ARTS LLP and/or its third-party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or RTS ARTS LLP’s Offline Sales partner 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 between RTS ARTS LLP and the third party website or RTS ARTS LLP’s Offline Sales partner, as applicable, to RTS ARTS LLP and share related shipping information, including the contact details of the purchaser where necessary, with RTS ARTS LLP.
For purchase of any Art Work via the Site or a third-party website, RTS ARTS LLP will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by RTS ARTS LLP, you will be responsible for shipping the purchased Art Work directly to the purchaser along with the relevant Certificate of Authenticity. RTS ARTS LLP will provide you with information regarding its preferred shippers with which RTS ARTS LLP maintains an account. You agree to ship the purchased Art Work to the purchaser within seven (7) working days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Art Work to the purchaser prior to the expiration of the Shipping Period, then the sale may be canceled. You will be responsible for the shipping of the ArtWorks via RTS ARTS LLP’s delivery partners and will be bound by their return, exchange and/or insurance policies. RTS ARTS LLP does not take any liability for any damage of goods, loss of time and loss of reports for and during the delivery via the delivery partners. All delivery charges and costs shall be borne by the Purchasers.
For sales of an Art Work via the Online Sales channels, RTS ARTS LLP will credit your account in an amount to be determined in accordance with RTS ARTS LLP’s then-current standard pricing and revenue share terms (“Artist Revenue Share”); for sales of Art Works via the Services, subject to RTS ARTS LLP’s receipt of confirmation of delivery to the purchaser, RTS ARTS LLP will credit your account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Art Work via third party websites, RTS ARTS LLP will credit your account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third-party website and the Art Work has been confirmed to have been successfully delivered to the purchaser, as determined by RTS ARTS LLP, in its sole discretion. The terms of revenue share will be determined based on each artist’s contribution to the services and confirmed via email.
You agree to comply with the terms and conditions of RTS ARTS LLP’s then-current Return Policy that are applicable to any ArtWorks that are sold through the Services.
For sales of Printed Works via Online Sales and Offline Sales, RTS ARTS LLP will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in RTS ARTS LLP’s then-current standard pricing and revenue share terms.
You will have the right to request RTS ARTS LLP to remit the Artist Revenue Share in your Account in accordance with the RTS ARTS LLP-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, RTS ARTS LLP 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 Services, the license rights granted by you to RTS ARTS LLP 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 RTS ARTS LLP and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by RTS ARTS LLP 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 RTS ARTS LLP with respect to using such Digital Work to promote RTS ARTS LLP, the Services will remain in full force and effect for only as long as necessary for RTS ARTS LLP to fulfill any current obligations that require using the Digital Work for such promotional purposes.
Purchaser Terms and Conditions
Purchases of Original Works of Art
As a Member, you may purchase ArtWorks that are listed by other Members on the Services. When you purchase such an Art Work through the Services, you are purchasing the work from the Member identified on the listing for such work and not from RTS. Prices for Art Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable taxes as per the Applicable Laws for which you are responsible and which will be separately identified on your receipt. RTS ARTS LLP and/or its third-party service providers will collect your billing and shipping information and process your payment. Certain Art Works (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the ArtWorks will ship the purchased work directly to you. The terms and conditions of RTS ARTS LLP’s then-current Return Policy apply to any ArtWorks that you purchase through the Services. When you purchase Art Works via Online Sales (other than via the Services), such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Printed Works
As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, RTS ARTS LLP and its third-party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of RTS ARTS LLP’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.
RTS ARTS LLP reserves the right to cancel any order for an Art Works or Printed Work placed via the Services if RTS ARTS LLP determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If RTS ARTS LLP cancels an order placed via the Services, RTS ARTS LLP will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are a Member and have submitted a listing for an Art Work 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 Art Works /Digital Work to such Member independent of RTS ARTS LLP and the Services. Similarly, if you are a Member and desire to purchase an Art Works / Digital Work 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 Art Works or Digital Work from such Member independent of the RTS ARTS LLP 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 RTS ARTS LLP 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 basically stated in Indian Rupees and additionally stated in U.S. dollars and /or Euros and do not include any 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 Laws with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Art Works and/or Printed Works, you acknowledge that RTS ARTS LLP will withhold the Taxes required to be withheld from the payments RTS ARTS LLP makes to you. The seller must obtain necessary identification numbers with the tax authorities and complete all tax compliances therewith at their sole risks and consequences.
If you are a purchaser of Art Works and/or Printed Works, you acknowledge that Taxes will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under Applicable Laws to minimize or to qualify for an exemption from any such obligations.
Colors displayed on the Art Works
You understand and agree that RTS ARTS LLP uses commercially reasonable efforts to display the colors of Art Works, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, RTS ARTS LLP is not responsible for the color accuracy of any Art Works, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
“Member Content” excludes any Art Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. RTS ARTS LLP does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant RTS ARTS LLP a worldwide, nonexclusive, non-revocable, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting RTS ARTS LLP, the Site or the Services via any media, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, design, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Laws; (iii) your Member Content shall specifically not (a) be libelous or otherwise defamatory, (b) be obscene, pornographic or indecent, (c) constitute an incitement to commit a crime, (d) depict violence in an explicit, graphic or gratuitous manner, (e) be in contempt of any court or court order, (f) constitute any negligent advice, (g) contain a negligent or incorrect statement, (h) be racial or promote religious hatred or in breach of any discrimination legislation, (i) be in breach of any contractual obligation owed to any person, and/or (j) constitute spam.
RTS ARTS LLP authorizes you to download, view and print RTS ARTS LLP-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For RTS ARTS LLP-licensed Content, the scope of your rights thereto will be sole as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such RTS ARTS LLP-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RTS ARTS LLP or its licensors, except for the licenses and rights expressly granted in these Terms.
General Prohibitions vis-à-vis RTS Content
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates 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; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (vii) promotes illegal or harmful activities, products or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, RTS ARTS LLP’s name, any RTS ARTS LLP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RTS ARTS LLP’s express written consent;
- Access, tamper with, or use non-public areas of the Services, RTS ARTS LLP’s computer systems or network, or the technical delivery systems of RTS ARTS LLP’s providers;
- Attempt to probe, scan or test the vulnerability of any RTS ARTS LLP system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RTS ARTS LLP or any of RTS ARTS LLP’s providers or any other third party (including another user) to protect Services, RTS ARTS LLP Content or Member Content;
- Attempt to access or search Services, RTS ARTS LLP Content or Member Content or download RTS ARTS LLP Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RTS ARTS LLP or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
- Use any meta tags or other hidden text or metadata utilizing RTS ARTS LLP trademark, logo URL or product name without RTS ARTS LLP’s express written consent;
- Use Services, RTS ARTS LLP Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, RTS ARTS LLP Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, RTS ARTS LLP Content or Member Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any Applicable Laws; or
- Encourage or enable any other individual to do any of the foregoing.
RTS ARTS LLP will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RTS ARTS LLP may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RTS ARTS LLP has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with Applicable Laws or the order or requirement of a court, administrative agency or other governmental bodies. RTS ARTS LLP reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Art Works or Digital Works, RTS ARTS LLP Content or any other text, graphics, images, software, music, audio, video, information or other content or material that RTS ARTS LLP, at its sole discretion, considers being objectionable, in violation of these Terms or otherwise harmful to the Services.
Resale Terms and Conditions
On every sold artwork, an option will be displayed next to the artwork that says, “Make an Offer” that allows buyers to submit a bid. If the artist deletes the work from the site, it is no longer eligible for resale offers.
The resale offer option will be displayed on all sold artworks. If someone makes an offer on an artwork that you have purchased through RTS ARTS LLP, you will be contacted by RTS ARTS LLP via email with the offer price as well as detailed instructions on how to move forward if you agree to sell. If you do not wish to accept the offer presented to you, you’re welcome to decline the offer. Should you decide to accept the offer, a member of our team will work closely with you through every step of the process.
- Your earnings: You will earn a portion of the offer amount net the artist’s resale payment (see below).
- Shipping and Handling: You are responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. In addition, we allow sellers to arrange a pickup or drop-off with one of RTS ARTS LLP’s couriers. You are required to deliver the artwork in the same condition and materials as described in the artwork description online or as discussed and agreed upon with RTS ARTS LLP’s advisory team.
- Certificate of Authenticity: Reseller is required to deliver any certificate of authenticity that accompanied the artwork in the original purchase.
On every sold artwork, you’ll see an option next to the artwork that says, “Make an Offer.” Proceed through the steps to confirm your offer. Once you have made your offer one of our curators will contact you to facilitate this process. If your offer is accepted, we will work with you to handle payment and logistics.
- The offer form does not require registration or payment information. It simply collects your offer amount, personal message, and contact information (name, email).
- All resale orders are final unless the artwork arrives damaged. In the event of damaged artwork, the order will undergo the same refund process as with any regular order.
- In addition to the agreed-upon price, additional costs such as shipping, customs/duties, and Taxes including VAT may be applied thereafter. All such costs will be clearly communicated to buyers before collecting payment.
- Once you have confirmed you would like to proceed, you will need to provide your payment information before we process your purchase.
- If your offer is declined by the owner of the artwork, you agree that a curator may contact you to let you know and to help find similar works or facilitate a commission by the same artist.
- You cannot apply any promotional discounts to your offer.
Artists’ Resale Payment
If you are the original artist of the ArtWorks that you sold on RTS ARTS LLP, you will receive a payment for the resale of your Art Works as per RTS’ policy on resale payments.
Artists are eligible to receive a resale payment as per the RTS ARTS LLP’s payout and commission structures.
- Artists will not be notified of the resale transaction until seven (7) days after the artwork has been delivered. This ensures the artwork has arrived and meets the buyer’s satisfaction (e.g., work was not damaged).
- Once the resale order has cleared the seven (7) days, the payment will be made available for payout and the artist will be notified via email.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
RTS ARTS LLP may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about RTS ARTS LLP’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
RTS ARTS LLP’s Intellectual Property
The Services and RTS ARTS LLP Content are protected by copyright, trademark and other IP laws of India and under common law principles. Except as expressly provided in these Terms, RTS ARTS LLP exclusively owns all right, title and interest in and to the Services, the Site, and RTS ARTS LLP Content, including all associated Intellectual Property Rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or RTS ARTS LLP Content.
RTS ARTS LLP respects copyright law and expects its users to do the same. It is RTS ARTS LLP’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see RTS ARTS LLP’s Copyright Policy.
Termination and Account Cancellation
If you breach any of these Terms, RTS ARTS LLP will have the right to suspend or disable your Account or terminate these Terms with you, at its sole discretion and without prior notice to you. RTS ARTS LLP reserves the right to revoke your access to and use of the Services, RTS Content, and Member Content at any time, with or without cause. In the event RTS ARTS LLP 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.
Mobile Services and Applications
“Mobile Services” means certain software and services that are available via a mobile device, including (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services and/or the Site from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding RTS ARTS LLP and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, RTS ARTS LLP grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable RTS ARTS LLP Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and RTS ARTS LLP and not with the App Store. RTS ARTS LLP, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that: (i) these Terms are concluded between you and RTS ARTS LLP only, and not Apple; and (ii) RTS ARTS LLP, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RTS ARTS LLP and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RTS ARTS LLP.
- You and RTS ARTS LLP acknowledge that, as between RTS ARTS LLP and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and RTS ARTS LLP acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringe that third party’s intellectual property rights, as between RTS ARTS LLP and Apple, RTS ARTS LLP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and RTS ARTS LLP acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
RTS ARTS LLP reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes that may be applicable to your purchase(s), and you agree that such Taxes, if any, are not our responsibility.
THE SERVICES, RTS CONTENT, AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RTS ARTS LLP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RTS ARTS LLP MAKES NO WARRANTY THAT THE SITE, SERVICES, RTS CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RTS ARTS LLP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RTS ARTS LLP OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, RTS ARTS LLP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES RTS ARTS LLP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. RTS ARTS LLP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold RTS ARTS LLP, its officers, directors, employees, and agents (“Indemnitees”), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Site or Services or Member Content or RTS Content, your violation of these Terms, or your violation of any rights of another Member, including any intellectual property rights.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, RTS Content, and Member Content remains with you. Neither RTS ARTS LLP nor any other party involved in creating, producing, or delivering the Services, RTS Content or Member Content, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, RTS Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RTS ARTS LLP has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The limitations and exclusions in this section apply to the maximum extent permitted by Applicable Laws. In no event will RTS ARTS LLP’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, RTS Content or Member Content exceed: (i) if you are a Member who has sold Art Works or has licensed Digital Works and has received any Artist Revenue Share from RTS ARTS LLP from the sale of Printed Works, the total payments made or credited to you by RTS ARTS LLP for the sale of your Art Works and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Art Works or Printed Works, the total payments that you made to RTS ARTS LLP for the Art Works and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between RTS ARTS LLP and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of RTS ARTS LLP used herein are trademarks or registered trademarks of RTS ARTS LLP. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Resolution of Disputes
Governing Law and Jurisdiction
These Terms will be governed by the laws of India, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by mediation or arbitration in Chennai, Tamil Nadu, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
RTS ARTS LLP aims to provide full consumer satisfaction and meet your expectations through our Services. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at firstname.lastname@example.org to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by Applicable Law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Dispute Resolution through mediation and arbitration
The parties may seek to settle their dispute through mediation. The following clause shall be the essence of all the Mediation for dispute resolution; –
“In the event of any controversy or claim arising out of or relating to this contract, or a breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure.”
Mediation would be scheduled independently of arbitration. In mediation, an impartial and independent mediator only assists the parties and does not have the authority to make a binding decision or award. The place of mediation shall be Chennai, Tamil Nadu (India) and the language of the mediation shall be English only.
In case the dispute remains unresolved the parties shall Arbitrate.
By electing Arbitration, the parties agree to arbitrate any claims, to the fullest extent permitted by the Applicable Laws of India, unless you opt-out. The parties agree that all such claims will be arbitrated on an individual basis and not as a proposed class action. The Arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and this Agreement to arbitrate, including but not limited to, any claim that all or any part of these Terms of this Agreement to Arbitrate is void or voidable. The arbitration will be decided and appointed by a sole Arbitrator in accordance with the rules of international commercial arbitration seated in India.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third parties on an individual basis in a court having appropriate territorial jurisdiction. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the arbitration law and regulations apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in-person in a location mutually agreed upon between the parties. The language of the arbitration will be English. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to email@example.com. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge
You and we agree and understand that by using arbitration to resolve disputes, you and we are giving up any right that you or we may have to a judge trial with regard to all claims subject to this agreement to arbitrate. you and we further agree that any claim heard in a court of competent jurisdiction will be heard by a judge under Applicable Laws.
Limitation of Actions
The Parties agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Notice to Users from Other Jurisdictions
The Services are controlled and operated by RTS ARTS LLP from India. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those overseas-based who choose to access the Services, do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. You also are subject to Indian export controls in connection with your use of the Services and are responsible for any violations of such controls. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between RTS ARTS LLP and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between RTS ARTS LLP and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without RTS ARTS LLP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RTS ARTS LLP may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RTS ARTS LLP via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of RTS ARTS LLP to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RTS ARTS LLP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting RTS ARTS LLP
If you have any questions about these Terms, please contact RTS ARTS LLP at firstname.lastname@example.org. If you have a complaint, you may contact us at:
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