Artist Terms of Use

Effective Date: August 1, 2020

About This Policy

This policy governs how our artists use and interact with our brand and organization, including, but not limited to, BlkArthouse, the BLKMKT, our artist funds, and any exhibitions included therein. If you are a consumer looking for our terms of sale, you can find them here. By affiliating yourself with our brand or using our platforms, you agree to abide by the terms set forth herein. 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. You are also agreeing to the BlkArthouse Privacy policies and practices, which you can review here. All inquiries regarding this policy or any others can be directed to tatianarice@blkarthouse.com

The Basics
  • ​You become a member of our community by using our platform. This provides you access to our community groups, ability to sell work on BLKMKT, educational workshops, and opportunities. 

  • We're dedicated to you, above else. 

  • The BLKMKT is our multi-vendor marketplace where you can sell your artwork. You must create a profile that is approved by us and the marketplace is curated by us. You are responsible for all sales generated through the platform, including handling shipping and order fulfillment. 

  • BlkArthouse reserves a 20% commission for all art sales generated through us, including sales from BLKMKT or corporate opportunities. This helps us stay running, update our website, maintaining mailing and marketing, and pay volunteers. 

  • You grant BlkArthouse the right to use your artwork and name, image, likeness for promotional purposes such as social media postings, targeted advertising, and promotional videos.

 

BlkArthouse

 

THE LEGAL STUFF

BlkArthouse is a mission-driven enterprise focused on empowering Black artists and artwork. As such, BlkArthouse has carefully created these terms to balance these goals against our legal rights, remedies, and longevity. BlkArthouse reserves the right to change the URL, modify or discontinue, and restrict or block access to our Services without notice to you. We may modify or remove any Original Works of Art, Digital Works, or other content from our platforms at any time without notice to you, including the removal of any works of art or content that we believe to be racist, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, we may make mistakes, including typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on our sites is inaccurate at any time without prior notice. 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. 

YOUR RIGHTS

As a BlkArthouse Artist, you are entitled to certain Services we provide, including: 

  • Access to the BLKMKT to feature and sell your artwork online

  • Opportunities to attend educational seminars 

  • Opportunities to connect with economic and commission opportunities 

  • Ability to participate in virtual group exhibitions 

  • Access to the BlkArthouse community

BLKMKT

 

PROFILES

In order to feature or sell your artwork through the BLKMKT, you must first register a profile that is approved by us. Most profiles will be approved. The only reason we require profile pre-approval is to ensure our platform contains artwork exclusively in line with our mission. 

 

During the registration process you will be required to provide certain information and you will establish a profile. Upon completion of our registration process, you will become a BLKArtist with a publicly available artist profile. 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. BlkArthouse reserves the right to suspend or terminate your Profile if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 

LISTING ARTWORK

As a BLKArtist, you may submit listings for original works of art that you have created or digital prints that you desire to sell through us. You may not submit listings for art that were created by another artist, unless you have a pre-existing legal or contractual relationship such as a gallery or agent. In order for your listings to be accepted, you must provide us with all the information requested on the form and your listings must be accurate and complete. BlkArthouse reserves the right to edit any listings to ensure that they comply with these guidelines.

 

BlkArthouse also reserves the right to curate our marketplace as we see fit. Accordingly, there is no guarantee that your artwork will be featured on the marketplace. We shall maintain a rotating and dynamic collection so your artwork may not be immediately displayed, but may at a later time. It is the responsibility of the Artist to remove any artwork that is sold outside of our platform. 

 

You acknowledge that your listings may not be immediately included in a particular collection or be searchable by certain terms or tags for several hours (or up to 24 hours in some circumstances). We're a small team that updates our market weekly, but we want to make our platform as natural as possible. The placement of your listings in search and browse results may be based on factors that include title, keywords, type of art, and price.

RESPONSIBILITY FOR ARTWORK

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through BLKMKT. Accordingly, you warrant that (1) you are the creator of the Original or Digital Works displayed on your profile (unless you have a binding contractual agreement); (2) you are the exclusive owner of the Original Works; (3) you have the appropriate licenses, rights, consents and releases necessary to sell your Digital Works through us; and (4) none of your Original Works or Digital Works that you sell on our platform is in exploitation of another artist or will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, or other intellectual property rights. 

ONLINE SALES

You acknowledge that you are solely responsible for your online sales made on the platform, including shipping and handling. You shall be notified when a customer purchases an artwork from your store, receive your payment within 5 business days, and receive necessary details regarding the customer's address. You agree to ship the purchased artwork to the purchaser within fourteen (14) days following date of purchase. If you do not ship the purchased artwork to purchaser prior to expiration of the Shipping Period, then the sale may be cancelled.

 

Pursuant to the BlkArthouse privacy policy, you agree to not use customer's information for purposes other than order fulfillment. Under no circumstances are you permitted to sell, share, or disclose a customer's personal information for any purpose beyond order fulfillment. You may, however, use customer contact information to contact them regarding the sale. 

The BLKMKT is powered by Shopify, which retains a 2.9% processing fee for credit card sales. By using our platform, you consent to the Shopify processing fee, in addition to the BlkArthouse 20% commission. The BlkArthouse 20% commission is automatically deducted from all sales on the BLKMKT based upon the price you list. We retain this commission in order to maintain our organization's longevity, including payments to website vendors like Shopify, paid advertisements, and payments to our contractors and vendors. 

WHAT RIGHTS YOU GRANT US

You acknowledge that BlkArthouse 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. We will always ask for your permission before we issue a discount for your artwork or notify you of applicable discounts. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the BLKMKT. 

You also acknowledge that BlkArthouse reserves the right to license your artwork and use your name, image, likeness to promote and market yourself as an artist, the artwork, and the BlkArthouse brand. BlkArthouse may share your artwork or profile with our vendors in order to fulfill a business purpose such as marketing or advertising. If you remove a listing for a piece of art, or remove your profile, the license rights you granted to BlkArthouse will also terminate with the exception of in-progress orders. 

Modifications

 

BlkArthouse reserves the right, at its own discretion, to modify, discontinue, or terminate our Services or platform. If we modify these terms or seek to discontinue our Services, we will notify you via email or on an openly and conspicuous link on our website. We will also update the "Last Updated Date." By continuing to access or use the Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. We encourage you to check back regularly to review these terms or contact us if you would like to discuss any provision in these Terms. 

You Can Contact Us

 

Please do not hesitate to contact us if you have more question. If you have any questions about this Policy or our data practices, you can email us at TatianaRice@blkarthouse.com