Welcome to Key2ARTS Art Community! By using Key2ARTS Art Community (including Key2ARTS.com and its related sites, services and tools), you agree to the following terms with Key2ARTS.com.
This agreement is updated and effective as of April 17, 2014. Key2ARTS.com may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by Key2ARTS.com. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.
Before you may become a member of Key2ARTS Art Community, you must read and accept all of the terms in this User Agreement, which includes Key2ARTS.com's policy for acceptable use and content posted on Key2ARTS Art Community, your rights, obligations, and restrictions regarding your use of the Key2ARTS Art Community and the Service.
Privacy and User Account Information
When you create an account as an Artist or Art Organization, you are required to provide public and personal information including your name, email, home address and other information in the user Profile. It also includes artist biography, website URL, contact information. For artists who want to sell artwork on Key2ARTS, if you are living in US and once you have artwork being sold through Key2ARTS Art Community, you must also provide appropriate documents (w-9 Form) for tax report purpose before receiving payment.
When you create an account as an Artist or Art Organization, you are over 18 years old and that your use of Key2ARTS Art Community shall not violate any applicable law or regulation.
You agree that you will not create more than one personal profile, and all information you provide in your profile is correct and up-to-date. You will not provide any false personal information, or create an account for anyone other than yourself without permission of the original artist. If we disable your account, you will not create another one without our permission.
You agree to allow Key2ARTS to share the public information you provided with other registered and unregistered users in Key2ARTS Art Community. You are solely responsible to the correctness and accuracy of the information you provided.
Key2ARTS collects personal information only for account management and tax purpose. Key2ARTS does not share or sell any of the personal information to third party.
Content Policy and Intellectual Property Agreement
Key2ARTS.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Key2ARTS.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
When you publish content or information, it means that you are allowing everyone, including non-registered users, to access the information you publish and to associate it with you (i.e., your name and profile picture) at Key2ARTS Art Community. You are solely responsible for the content that you publish or display on Key2ARTS Art Community, as well as to any material or information that you transmit to other Members.
For content that is covered by intellectual property rights (IP content), such as artwork photos and videos, blogs , you specifically grant Key2ARTS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Key2ARTS Art Community (IP License). This IP License ends when you delete your IP content or your account.
For the artwork you post at the Gallery in Key2ARTS Art Community for exhibition or for sale, you are the original author, or you are authorized by the original author of the artwork such right for exhibition or sale. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
As response to the notification from the copyright owner or the copyright owner's legal agent, Key2ARTS.com will suspend and/or terminate the membership privileges of the members who repeatedly infringes copyright. Without limiting the foregoing, if you believe that your artwork has been copied and posted on the Key2ARTS Art Community in a way that constitutes copyright infringement, please provide us following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You understand and agree that Key2ARTS.com may review and delete any content, message, text and image posts that in the sole judgment of Key2ARTS.com violate this Agreement or which may be offensive, illegal or improper. For users who repeatedly violate this Agreement, Key2ARTS reserves the rights to permanently close the user accounts.
1. What can be sold on Key2ARTS?
Members who registered as Artist have the right to sell on Key2ARTS. Seller can only sell his/her own artwork (photographs, paintings, sculptures, creative crafts, etc, original or replica, that they own the copyright), and artworks that he/she is authorized the selling right by the original author.
2. Selling Procedure
Seller uploads images of the artwork for sale, drafts descriptions, and decides a fixed listing price. The image and descriptions must accurately and completely describe the item/items for sale.
Buyers purchase artwork online. They can pay by check/money order, credit card, or through PayPal. Payment includes the listing price for the artwork, shipping costs, and state tax (California sales tax for California residents). Personal and business checks will be held for up to 10 business days to ensure payment clears before an order is shipped.
Payment is paid to Key2ARTS. Key2ARTS verifies the payment being received, and then notifies seller for shipping by email. Before a check/money order payment is received, buyers can cancel an order by sending an email to [email protected]. For credit card or PayPal payment, once the payment is received, buyers cannot cancel the order. Key2ARTS only notifies sellers for shipping after an order's payment is received and cleared.
Upon receiving an order notification, sellers must fulfill the order and ship the artwork according to the shipment method that the buyer choose, within a timely period. Seller enters package tracking code when fulfilling an order, and have the option to update the buyer by email regarding the order status change. Sellers are also responsible for purchasing necessary insurance for damage or loss of the artwork during the shipping and handling process.
Key2ARTS provides real time shipping cost quotes to USPS shipping services to allow buyers select shipping methods they prefer, and pay the cost accordingly. Key2ARTS also allows sellers to add proper fixed markup based on the shipping cost quote from USPS to cover extra shipping and handling costs.
Seller receives 90% of the listing price for each artwork sold through Key2ARTS. At the end of the second week in each month, Key2ARTS reimburses sellers with the seller's share of sales income and corresponding shipping cost, by PayPal or by check, if they have made a sale and have balance over 50$.
3. Dispute between buyers and sellers:
Key2ARTS is not responsible for any mistakes, damages, loss, or any other problems in artwork shipping and handling. If there is any dispute between sellers and buyers, we recommend buyers contact directly with the sellers, and resolve the issues by themselves.
If the buyer and the seller are unable to resolve the situation, then for certain eligible transactions, we allow buyer to file a report with Key2ARTS within 30 days the item was received, with proper evidences.
To ensure high service quality, Key2ARTS will introduce a seller rating system and related regulation rules soon.
Term & Fees
Key2ARTS Art Community is open to anyone who loves art and enjoys making life a better and more beautiful place. It is free for account creation, uploading artwork for exhibit or sale, posting blogs, announcing events, classes and art shows information through Key2ARTS Community Event Calendar and map, and participating forum discussions. Artists will receive 90% of listing price for each artwork sold through Key2ARTS online service. Key2ARTS does not charge, are nor responsible for any sales transaction made directly between an artist and a buyer without using our sales service.
An existing member may terminate the membership at any time, for any reason by sending an e-mail to [email protected] ( Subject: account termination). By using the Service and by becoming a member, you acknowledge that Key2ARTS.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
Key2ARTS website and the service are provided "AS-IS". Key2ARTS.com does not promise any specific results from use of the Website and/or the Service, and Key2ARTS disclaims any warranty of fitness for a particular purpose or non-infringement.
Key2ARTS.com is not responsible for any incorrectness or inaccuracy of the content posted on the Website, or in connection with the Service provided, whether caused by Members of the Website or by any of the equipment or programming associated with or utilized in the Service.
Key2ARTS.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
Key2ARTS.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication.
Key2ARTS.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.
Under no circumstances shall Key2ARTS.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
You agree to hold Key2ARTS harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of your use of this website and services.
In the event that you have a dispute with one or more users, you release Key2ARTS (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.