TERMS AND CONDITIONS
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Landbjartr ARTS is not responsible for any errors or omissions in the Site or Site Materials, and Landbjartr ARTS is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights. As between you and Landbjartr ARTS, Landbjartr ARTS owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Landbjartr ARTS' written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Landbjartr ARTS; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Landbjartr ARTS' computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
4. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to Landbjartr ARTS , you grant Landbjartr ARTS a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 19 of these Terms.
5. 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). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms and Conditions or otherwise in connection with those Services.
7. Fees. Landbjartr ARTS reserves the right at any time to charge fees for 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, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
8. Taxes. All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in New Zealand dollars (NZD) and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar 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 law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that Landbjartr ARTS will withhold the Taxes required to be withheld from the payments Landbjartr ARTS makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.
For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.
If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including VAT 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 including VAT. 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 law to minimize or to qualify for an exemption from any such obligations.
9. Order Cancellations. Landbjartr ARTS reserves the right to cancel any order for an Original Work of Art or Printed Work if Landbjartr ARTS 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 Landbjartr ARTS cancels an order placed via the Services, Landbjartr ARTS will send you an email cancellation confirmation of such and you will not be charged for your order.
10. Color. You understand and agree that Landbjartr ARTS uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Landbjartr ARTS is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
11. Third Party Web Sites and Content. As set forth in Section 4 and Section 5, parties other than Landbjartr ARTS may provide products, services or content on the Site, including the transactional services of Authorize.Net. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Landbjartr ARTS does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Landbjartr ARTS does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
13. Intellectual Property. Landbjartr ARTS and Investing in Artists are protected by copyright, trademark and other laws of New Zealand and foreign countries. Except as expressly provided in these Terms, Landbjartr ARTS and its licensors exclusively own all right, title and interest in and to Landbjartr ARTS 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 Landbjartr ARTS contents.
14. Disclaimer. Landbjartr ARTS, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. Landbjartr ARTS reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Landbjartr ARTS cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. Landbjartr ARTS and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
15. Limitation of Liability. Landbjartr ARTS and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or Landbjartr ARTS had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Landbjartr ARTS and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Landbjartr ARTS and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Landbjartr ARTS has breached these Terms, your sole and exclusive remedy is to discontinue using the Site. Your continued use of the Site now or after any change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access or continue to acces the Site.
16. Indemnification. You shall indemnify Landbjartr ARTS and its members, managers, directors, officers, employees, agents, contractors and licensors (“Landbjartr ARTS Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Landbjartr ARTS), or any breach by you of these Terms and shall indemnify and hold Landbjartr ARTS Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
17. Droit de Suite – the Artist's Resale Right. In some countries, including those in the EU, local laws entitle the artist or the artist’s estate to a royalty. Droit de Suite is a royalty payable to a qualifying artist or the artist's heirs each time a work is re-sold during the artist's lifetime and for a period up to 70 years following the artist's death. Royalties are calculated using a sliding scale of percentages of the sale price. The rates, qualifying criteria and the person responsible for paying the royalty may vary from country to country.
18. Changes to these Terms. Landbjartr ARTS reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Landbjartr ARTS reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Landbjartr ARTS with untrue or inaccurate information about yourself, for infringement upon Landbjartr ARTS proprietary rights, or for any other reason whatsoever or for no reason.
19. Breach of Terms. If you breach any of these Terms, Landbjartr ARTS will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Landbjartr ARTS reserves the right to revoke your access to and use of Landbjartr ARTS Services and Content at any time, with or without cause. In the event Landbjartr ARTS 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
20. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Landbjartr ARTS at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
21. Resolution of Disputes, Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Landbjartr ARTS with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of New Zealand, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the courts located in New Zealand; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
22. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within New Zealand: New Zealand Business Number (NZBN) 9429048942591. Without limiting anything else, Landbjartr ARTS makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Landbjartr ARTS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: January 24, 2021