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Art & Object Marketplace User Agreement

November 1, 2023

1. Introduction

This User Agreement for desktop and mobile accessible formats of the Art & Object Marketplace, and all policies and additional terms posted on and in our sites, tools, and services (collectively "Services") set out the terms on which Art & Object Marketplace offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when accessing or using our Services. This User Agreement addresses terms and conditions for both Buyers and Sellers of the Marketplace. Additional terms and conditions may apply to Sellers. The entity you are contracting with is: Discover Marketplace, LLC, a North Carolina corporation, doing business as Art & Object Marketplace, located online at The physical address of the business is 100 Europa Drive, STE 290, Chapel Hill, NC 27517, United States of America. These entities are individually and collectively referred to as "Art & Object Marketplace," "the Marketplace,” “We," or "Us." This User Agreement contains provisions that govern how claims that you and we may have with each other are resolved (Section 18). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration. Please read these sections carefully.

2. About Art & Object Marketplace

Art & Object Marketplace is an online marketplace that allows Sellers and Buyers to sell and purchase of works of art. To be a Buyer or a Seller, the user must establish an account and agree to these Terms of Service that includes this User Agreement. Any information the Art & Object Marketplace provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational, and you may decide to act upon it or not. We may help facilitate the resolution of disputes between Buyers and Sellers through various efforts. Unless otherwise expressly provided, Art & Object Marketplace has no control over and does not warranty: the availability, quality, safety, or legality of items advertised; the truth or accuracy of Seller’s content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete any particular transaction.

3. Using Art & Object Marketplace

Art & Object Marketplace uses Stripe as a payment processor, and Sellers must have a Stripe account in place to sell with us. This is necessary for Buyers to make purchases from Sellers, and for Art & Object Marketplace to collect and pay-out proceeds to Sellers. When using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not: breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions; fail to pay for items purchased by you, unless you have a valid reason as set out in Art & Object Marketplace policies, for example, our Refund Policy; fail to deliver items sold by you, unless you have a valid reason as set out in an Art & Object Marketplace policy; transfer your Art & Object Marketplace account (including feedback) and user ID to another party without our consent; share either Buyer or Seller log in credentials with any third parties (excepting secured login protection applications). Multi-User Account Access is available to Seller organizations by request through the Seller Dashboard messaging system; create listings, post, or upload content outside of our defined categories or create listings, post, or upload inappropriate content that does not adhere to our policies; post false, inaccurate, misleading, deceptive, defamatory, or offensive content; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses, phishing messages, or any other technologies that may harm Art & Object Marketplace or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Art & Object Marketplace; circumvent any technical measures used to provide our Services. interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure; infringe upon the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Art & Object Marketplace. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Art & Object Marketplace or someone else; Infringe upon any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you except as provided by the Service. An example of content you may use are Artist biographical sketches as associated with works of art; commercialize any Art & Object Marketplace application or any information, data, or software associated with such application, except with the prior express permission of Art & Object Marketplace; or harvest or otherwise collect or use information about users without their consent. The ability to list items for sale on the Art & Object Marketplace is by invitation only and requires the continued meeting of professional standards as outlined in this agreement. Failure to meet these standards may, with reasonable notice, result in Art & Object Marketplace limiting, restricting, suspending, or downgrading a Seller’s account. Selling art displayed on the site outside of the Marketplace services after contact between a Buyer and Seller has been established on the Marketplace is not allowed. If you circumvent our services, we may suspend your use of them. Accounts that are unauthorized by us or become dormant may be removed. Additionally, the Marketplace reserves the right to refuse, modify, or terminate all or part of our Services to anyone for any reason. When packing art for shipment, sellers should follow the Arta guidelines for packing art, which can be found here: Artas Packing Guide.pdf.

4. Policy Enforcement

In an effort to ensure both the Buyer and Seller have a positive experience, when a Buyer or Seller issue arises, we may consider additional factors including past actions and performance of the parties in applying our policies. Even so, we maintain our right to resolve matters in the following ways: to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees and Taxes

Sellers are charged for the use of our Services. Fees are posted on the Seller Dashboard. We may change our selling fees from time to time and will post the changes on the Art & Object Marketplace site thirty (30) days in advance. Buyers are not charged for the use of our Services except in the purchases and deliveries made by them. In some instances, Buyers will incur fees to third parties in connection to a transaction, for example, bank or credit card fees in conjunction with the transaction, state and local taxes, or shipping services. Any fee that Art & Object Marketplace charges to a Buyer will be shown on the final invoice at checkout, and the Buyer will have the opportunity to review those fees and proceed or decline the transaction, at their discretion. If you are a Seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Art & Object Marketplace. In particular, if you offer or reference your contact information or ask a Buyer for their contact information with the intention of buying or selling outside of Art & Object Marketplace, you may be liable to pay any fees applicable to that item. Sellers must have current banking information on file when using our selling Services so that we can pay-out Buyer purchase proceeds while also withholding Marketplace commissions, fees, and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the Art & Object Marketplace. Collections of amounts due from Sellers will be made through any method you have provided the Art & Object Marketplace at any time, or any additional lawful method.
Art & Object Marketplace collects all applicable taxes during any transaction. This collection is handled by a third party, Tax Jar, and these monies are remitted directly to the agencies responsible for charging them. Sales tax is one such tax that is often collected, although sales tax laws vary state-to-state, and are charged according to those rules and regulations. Art & Object Marketplace is intended by Buyers and Sellers in the United States. Buyers located outside of the United States or its territories are welcome to make purchases, but purchases must be received at a location inside the U.S. or its territories. All transactions must be conducted in U.S. Dollars and through a U.S.-based bank. To sell on the Art & Object Marketplace, Sellers must have a physical U.S. location and shipping of works must originate from the U.S. or its territories. Buyers outside the United States or its territories wishing to make purchases and receive goods outside of the U.S. or its territories will be directed to the Seller, who may conclude this transaction outside of the Marketplace at their discretion. Art & Object Marketplace collects no fees on such transactions and provides no service and is indemnified by the Buyer and the Seller of any responsibility or wrongdoing in the course of that transaction.

6. Listing Conditions for Sellers

When listing an item for sale on our Services, Seller agrees to comply with Art & Object Marketplace's listing and selling policies and also agree that: You are fully responsible for the item offered and the accuracy and content of the listing, including images and the rights to those. Your listing will remain on the site until sold or removed by you. Items sold outside of the service to Buyers that were using the service for review of that particular item may incur selling fees.
Any listing that violates any of Art & Object Marketplace's policies will be removed at Art & Object Marketplace's sole discretion. We reserve the right to modify, add, or remove data to ensure a listing can be found by Buyers. A listing may not appear in some search and browse results regardless of the search terms and sort order chosen by the Buyer. Certain types of art may take precedence in listing results over others. Original works of art may take precedence over multiples or reproductions. Metatags, URL links, and irrelevant keywords are not allowed. Art & Object Marketplace may publish and promote your listings, including related content such as images, username, reviews and feedback on the Marketplace. Listings do not have exclusive rights on our Services. For example, works in multiples may co-exist with another numbered copy. Items that may be delayed in shipping must be so stated in the Description of the item. For example, if an item is part of a show and will not ship if purchased until the conclusion of the show, it must be so stated to the prospective Buyer.

7. Purchase Conditions for Buyers

When buying an item using our Services, you agree to the rules and policies for Buyers and that: You are responsible for reading the full item listing before making an offer, buying, or committing to buy, You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, regardless of when payment is due or received, Legal ownership of the item passes to the Buyer when: 1) payment is accepted by the Seller and 2) when the item has been received. But conditions must be met.

8. International Buying and Selling

Art & Object Marketplace can be viewed internationally by anyone, but Buyers cannot make purchases through the site for works to be shipped outside of the United States or its territories. We refer potential Buyers directly to the Seller. We do not accept International Sellers into the Marketplace unless they have a physical U.S. operation, bank account, and accept U.S. currency. Please review Section 5 for other Terms and Conditions of International Buying and Selling.

9. Content provided by Sellers

When Sellers provide content to Art & Object Marketplace using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable right to exercise any and all Intellectual Property Rights in perpetuity that you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Art & Object Marketplace, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Art & Object Marketplace takes no responsibility and assumes no liability for any content provided by you or any third party. The name "Art & Object Marketplace" and other Art & Object Marketplace marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Art & Object Marketplace in the U.S. and other countries. They may not be used without the express written prior permission of Art & Object Marketplace. PROHIBITED CONTENT Art, by its nature, can be provocative and even objectionable to some. Certain images on this site may not appeal to all viewers. This site is intended for users who are 18 years or older. Filters in place attempt to allow Buyers to see art that more closely matches their tastes. Filters do not guarantee that you will not see art that might be objectionable to you. While Art & Object Marketplace makes every effort to be an inclusive place, we will not tolerate the posting of works which display or promote works that: Promote violence, discrimination, hatred, harassment to individuals or groups, or in any way seeks to harm another person. Appeal to prurient interest and lack redeeming social value. Lack serious artistic merit. Contain images and/or text which is defamatory, obscene, pornographic, vulgar, or offensive. Exploit any person of any age in any way. Promote a false or misleading agenda with no effort at satire or artistic merit. Any work that promotes illegal activities. Content that violates this policy will be removed. Sellers who consistently show disregard to our policy will have their account terminated. Art & Object Marketplace reserves the right to remove any work or any Seller it deems inappropriate for this site. Seller Good Faith Agreement All sellers on Art & Object marketplace agree to comply with the following to the best of their ability: Keep Art & Object Marketplace listings updated with accurate information and sale status For items listed on Art & Object Marketplace that sell off of the marketplace, update the sales status to "Sold" as soon as possible Respond to potential buyers in a timely and respectful manner

10. Nondiscrimination Policy

Art & Object Marketplace does not discriminate nor tolerate the use of its services to discriminate against people based on the following personal attributes (collectively, “protected groups”): Race Color Ethnicity National origin Religion Gender Gender identity Sexual orientation Disability Any other characteristic protected under applicable law Art & Object Marketplace does not allow hate speech, which is violent, offensive, derogatory or demeaning language directed at a person or group based on one or more protected group attributes. If you think discrimination or hate speech has occurred on Art & Object Marketplace, please report it by contacting Art & Object Marketplace support.

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Art & Object Marketplace's Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please complete this form for a prompt reply.

12. Holds and Restricted Funds

Art & Object Marketplace seeks to protect the Buyer and the Seller through a fair policy of payment and distribution of funds throughout the transaction, including any dispute between the Buyer and the Seller caused by the transaction. The process of purchasing and settlement of the transaction is explained in detail in our Payment Terms of Use

13. Authorization to Contact You

Buyers and Sellers on this site have provided Art & Object Marketplace a means to contact them in various ways (email, phone, mail, and other ways). You grant us permission to contact you regarding any business you have with this marketplace in any way you have provided. Business with this marketplace includes, purchases, sales, your account, technical issues, your messages, and other activities. It does not include promotions or marketing messages. You may opt out of receiving promotions or marketing messages. You may not opt out of receiving business-related messages so long as you remain a registered user of this site.

Our communications systems between Buyers and Sellers are for the express purpose of communicating about the products and services offered on this site. You are not to use this communication system for any purpose other than the business of this site. The communication you have with other parties on this site is visible to the administrators of this site. Your conversations should be businesslike, appropriate, and respectful. You should not communicate about any subject that is unrelated to the business of the site. Art & Object Marketplace does not sell or make use of any personal information to third parties and uses current best practices to protect your personal information and privacy. Some third parties may also have access to certain information about you. For example, a Seller will know the identity of the Buyer. Credit Card processors will also know the identity of card users. Your use of this site and its transaction capabilities means that your accept the terms and conditions of those third parties with whom you choose to do business, and that you indemnify Art & Object Marketplace from any damages as a result of their actions.

14. Returns and Refunds

15. Payment Services

Shopping cart and payment services are provided by Stripe International, a third-party payment processor. Credit cards are accepted. Stripe provides its own terms of service which can be found here.

16. Disclaimer of Warranties; Limitation of Liability

We strive to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Services. Some updates and notifications on Art & Object Marketplace may not occur in real time. Such functionality is subject to delays beyond Art & Object Marketplace's control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we 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, in no event will Art & Object Marketplace (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential 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), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Art & Object Marketplace was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us 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 you provide (directly or indirectly) using our Services; your use of, or your inability, to use our Services; pricing, shipping, format, or other guidance provided by Art & Object Marketplace; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Art & Object Marketplace Service; the content, actions, or inactions of third parties; a suspension or other action taken with respect to your account or breach of use of the Art & Object Marketplace Terms of Use; the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or 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 our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited up to: (a) the price the item sold for on Art & Object Marketplace (including any applicable sales tax) and its original shipping costs; (b) the amount of fees in dispute not to exceed the total fees for the particular incident in question; or (c) $100.

17. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any 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 agreeing to this release.

18. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and 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 our Services or your breach of any law or the rights of a third party.

Any dispute arising out of or relating to the use of the Art & Object Marketplace is governed by our Legal Disputes Resolution. Your use of the Art & Object Marketplace is governed by the terms and conditions.

20. General

Except as otherwise provided in this User Agreement, 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. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on the Art & Object Marketplace website. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on Art & Object Marketplace website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify users through the Art & Object Marketplace Message Center and the user dashboard. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Art & Object Marketplace representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. Without limiting Art & Object Marketplace's ability to refuse, modify, or terminate all or part of our Services, Art & Object Marketplace may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Art & Object Marketplace Service. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such an account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Art & Object Marketplace, and supersede all prior understandings and agreements of the parties.

November 1, 2023