Terms of Sale

Effective Date: February 6, 2021

About This Policy

 

BlkArthouse is dedicated to the empowerment of our artists and the pursuit of racial justice in the arts. For this reason, our terms of sale are a little different than most other art platforms. For starters, all pieces of artwork on the platform may only be re-sold with artist consent and all re-sellers must distribute 10% of the increase in price from the sale to the artist and 5% to BlkArthouse, LLC.  This policy provides notice of our terms of use and sale practices. It applies to all purchases made through BlkArthouse, including any commissions or exhibitions we facilitate. 

Basic Terms

  1. You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13).

  2. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Marketplace 

  1. Our Services include an online marketplace (BLKMKT) where Users may browse and buy artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.

  2. By purchasing artwork through Our Services, including the BLKMKT, all exhibitions, and other advisory services, you agree to give the artist a resale royalty of 15% of the increase in price over the initial sale. By purchasing artwork through Our Services, including the BLKMKT, all exhibitions, and other advisory services, you also agree to obtain Artist express consent to the re-sale agreement before the transfer of physical ownership to the re-seller. 

  3. As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title to, or have possession of the artwork listed, marketed, offered or sold.

  4. No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.

  5. We may receive a commission from some sellers on some sales, subject to separate agreements between us and those sellers.

  6. We do not make any warranties on product shipment. Our artists maintain control and fulfillment obligations for the products they sell on our platform. If a piece of artwork is not received within sixty (60) days, the buyer may request a full refund from us.  

Ownership

 

  1. All Content is owned by BlkArthouse or by our artists who have licensed their Content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under U.S. and international copyright laws.

  2. The trademarks displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of BlkArthouse, LLC.

  3. Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of BlkArthouse or any of our artists, whether by implication or otherwise.

  4. BlkArthouse owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Artsy Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein. 

  5. Our Artists retain full intellectual property rights of all artwork sold through BlkArthouse. Sale of any piece of artwork shall not transfer the artist's intellectual rights over the piece to the buyer. 

User Rights

 

  1. We value the valuable products brought to life by data scraped to train algorithmic models. Some software used by BlkArthouse may be offered under an open source license that we will make available to you upon request. Users are permitted to extract, pull, and retrieve data or images from BlkArthouse, and its affiliates, for educational purposes and for purposes of training algorithmic models. Users are prohibited from extracting, pulling, and retrieving data or images for purposes that would be in violation of the artists' copyright or would otherwise unjustly enrich the user without appropriate license from the intellectual property owner. 

  2. If a piece of artwork is not received within sixty (60) days, the buyer may request a full refund from us.  

Disclaimer of Warranties

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARTSY AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "BLKARTHOUSE") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE BLKARTHOUSE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Release

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE BLKARTHOUSE PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.