This User Agreement is effective upon acceptance of new users and from 01.01.2020 for existing users.
This User Agreement, all polices and all terms and conditions posted on our site, set out the terms and conditions on which Artland ApS (hereinafter: "Artland"), offers you access and use of our services on the Artland Platform.
When using our services you agree to comply to the terms and conditions set forth in this User Agreement.
These terms will apply to any future upgrade or change made to the Artland Platform.
About the Artland Platform
The Artland platform is a digital platform created by Artland, which connects art lovers worldwide. Users create a member account, allowing them to connect to for example art collectors, galleries and artists, thus creating a global art community.
Furthermore, the platform enables Users to browse through 3D exhibitions, share collections, trade art etc. Artland provides services and products related to the platform. These services includes writing articles, setting up shows, creating 3D models of galleries etc.
Using the Artland Platform
When using the Artland Platform you may write reviews, comments, submit suggestions and ask questions etc., for as long as those are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious toward the receiver user, Artland or any third parties.
You may not forward any form of "spam", including but not limited to: chain letters and mass mailings.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Artland is not responsible for any content posted or forwarded on the Artland Platform by any user.
If Artland finds that a user is abusing the Artland Platform and/or the services provided by us in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate that user’s account and access to our services, as well as delay or remove any content provided by that user.
Views and opinions expressed by users on the Artland Platform are those of the users and do not reflect the official policy or position of Artland.
Artland may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, Artland reserves the right to refuse, modify, or terminate all or part of our services to anyone for any reason at our discretion.
When buying products on the Artland Platform, the contract for the sale are directly be-tween the Seller (Galleries/consulting) and the Purchaser. While Artland may provide pricing, shipping, listing, and other guidance as part of our services, such guidance is solely informational and indicative, and you may decide to follow it or not.
While Artland helps facilitate transactions that are carried out on the Artland Platform, Artland is neither the Purchaser nor the Seller of the Seller's items. Artland provides a venue for Sellers and Purchasers to complete transactions related to artwork. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the Seller and the Purchaser. Artland is not a party to such Agreement nor assumes Artland any responsibility or liability arising out of or in connection with it.
The Seller is responsible for the sale of the products and for dealing with any claims from the Purchaser or any other issue arising out of or in connection with the Agreement between the Parties.
Artland is not be considered a representative of neither the Seller nor the Purchaser.
Artland may not be held liable for any loss or any damage inflicted on either party due to the Agreement.
Artland reserves the right to assign the identity of either Party to the other in case of a conflict.
Artland can facilitate (through third party payment processors) the payment of the relevant artwork for and on behalf of the Seller (Artland never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to our bank account or a deposit account through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Seller will in each case constitute a payment of or part of the purchase price by you of the relevant artwork.
The purchase price is reserved on your chosen payment method when you place your order. Artland withdraw the amount when the ordered artwork(s) are shipped from the Seller.
Intellectual property rights
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos (collectively, "Content"), on the Artland Platform is owned, controlled or licensed by or to Artland, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this User Agreement, no part of the Artland Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Artland's express prior written consent.
Codes, pictures, text, manuals, links, content, graphic, designs, logos, pricing, financial information, user information, gallery information, partner information, articles, terms, internal communication shared by you on the Artland Platform, can be copied, processed, published and forwarded by the Artland, without any limitation, and without any incurring obligations of confidentiality, attribution or compensation to the you.
You agree, that you are solely responsible for ensuring, that you own and control all content that is made available in any way by you on the Artland Platform.
You agree to defend, indemnify and hold harmless the Artland from any losses due to infringement of a patent, copyright, trademark or any other intellectual property right or trade secret misappropriation growing out of your access to and use of the Artland Platform.
Personal data security
We collect your personal data when you create an account, use our services, provide us with information via a web form, add or update information in your account, participate in online discussions on the Artland Platform or otherwise interact with us.
Your personal data will be stored by us and our service providers, in accordance with applicable data protection laws to the extent necessary to provide our services. The data will be deleted after the relevant limitation or retention periods have expired.
We will, to the best of our ability, protect your personal data through technical and organizational security measures, in order to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. However no warrants can be given in this regard.
We will only release information about your account and other personal information when we believe release is appropriate to comply with the law, or necessary to protect the rights, property, or safety of Artland, our users, or others. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
We ask our users to make sure that their login details, passwords and other account details remain confidential at all times. If you know or suspect that the security of your account is at risk, you should contact Artland immediately.
Third party links, sites and services
You may find links to third-party websites and events or activities, which are not owned or controlled by Artland on the Artland Platform.
If you access any third party website, service or content from a third party through the Artland Platform, you do so at your own risk, and you agree that Artland will not be liable for any loss arising from this.
The links are offered to you as a convenience, and the inclusion of the link does not imply any association with or endorsement by Artland, of the site or the operation of the site.
Explicit consent to transfer of personal data to third country
When you request information about an artwork from a gallery or a private person located outside EU (third country) through our website, Artland ApS will transfer your name and contact information, including information about the requested artwork to such gallery, fair, gallery weekend or private person. The EU does not consider the third country as a country providing an adequate level of protection of personal data. It is considered as a so-called "unsafe" third country outside of EU/EEA. Thus, there is a risk that the processing of your personal data in this third country will not be protected with an adequate level of protection and by the same privacy standards compared to what applies within the EU/EEA where the processing of personal data is protected by the General Data Protection Regulation. The purpose of the transfer of your personal data to the said third country is to establish contact between you and the gallery or the private person in question enabling them to sell the requested artwork to you. If you do not provide your explicit consent below to the transfer of your personal data to the third country, Artland ApS will not be able to assist you with the contemplated acquisition of the requested artwork. By providing your explicit consent below, you also confirm that you have been sufficiently informed of the possible risks of such transfer.
You agree to indemnify and hold Artland (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Artland's services or your breach of any law or the rights of a third party.
Purchasing artworks with credit cards
The Artland Platform allows you to either choose “Buy Now” or “Make Offer”. “Buy Now” lets you purchase the artwork at the listed price. If you instead prefer to make an offer to the gallery, choose “Make Offer”. You will then be given the chance to make an offer for the artwork. In both options we will authorize an amount corresponding to the offered price on your payment or credit card (rendering this balance as unavailable) when you make an offer and subsequently clear the transaction If the gallery accepts your offer.”
Disclaimer of warranties; Limitation of Liability
Artland tries to keep the services provided safe, secure, and functioning properly, but cannot guarantee the continuous operation of or access to the services.
You agree that by making use of the Artland services, you do so at your own risk, and that the service is being provided to you on an "AS IS" and "AS AVAILABLE" basis.
Accordingly, to the extent permitted by applicable law, Artland exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, Artland is not liable, and you agree not to hold Artland responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- The content provided by users on the Artland Platform;
- Your use of or inability to use Artland services;
- Delays or disruptions in the Artland services;
- Viruses or other malicious software obtained by accessing or linking to the services;
- Damage to your hardware device from the use of the service;
- A suspension or other action taken with respect to your account by Artland;
- Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or the Artland policies.
Governing Law and Dispute Resolution
You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Artland (including any claim or dispute between you and a third-party agent of Artland) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to our services, the actions of Artland or its agents, or any products or services sold or purchased through the services, shall be governed by the laws of Denmark.
The District court of Copenhagen will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these User Terms.
Any costs and litigation fees, including attorney fees, are be held by the Parties as decided by the court.
Changes to these terms
We reserve the right to change these terms at any time. Once any updated terms has entered into force, you will be bound by those terms if you continue to use our service.
You will be notified at least 30 days before the changes enters into force.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We always appreciate feedback from our users. Any feedback submitted by you may be used without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.Access and use of the Artland Platform is prohibited for anyone under the age of 13.
Artland and OpenSea have made a partnership that makes it possible to buy NFT's on Artland platform. The NFT is created on OpenSea and both buyers and Sellers need to accept to OpenSea terms and conditions (opensea.io/tos).
We always appreciate feedback from our users. Any feedback submitted by you may be used without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. Access and use of the Artland Platform is prohibited for anyone under the age of 13.
Artland's Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTLAND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ARTLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ARTLAND ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ARTLAND FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF OPENSEA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF OPENSEA'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF OPENSEA'S FRAUD OR FRAUDULENT MISREPRESENTATION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.