WALL31 GENERAL TERMS AND CONDITIONS
Wall31 is a division of WALL31 LLC ("Wall31", "we" or "our") provides services for selling and purchasing of original artworks, commercial use of digital images of artworks and services for printing images of artworks on clothing (further "Service", "Services") through our online store available at https://wall31.com (the "Site"). Please read carefully the following Terms and Conditions ("Terms", "General Terms") and our Personal Information Processing Policy, which can be found at https://wall31.com/privacy, and which is incorporated by reference into these Terms. These Terms govern your access to the Site and the Services, and constitute a binding legal agreement between you and Wall31.
Certain areas of the Site and your access to certain Services may publish other additional terms that you must accept to receive additional Services. If there is a conflict between these Terms and Conditions published for individual Services, additional terms will have the advantage of your use or access to this area of the Site or the Services.
You acknowledge and agree that,
- by using the Website or the Services,
- selling or buying a job or service through a website,
- by downloading any content on the Site,
You acknowledge that you have read, understood and agree to the terms and conditions set in these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, you will refer and apply to that company or other legal entity.
Wall31 reserves the right, at its own discretion, to modify, change or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we make changes to the Terms, we will post the updates to the Site or notify you of the modification. We will also update the date of the latest modifications. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must to cease using the Site and Services.
To make a purchase through the Site (except users who use the option to purchase without registration), you must first create an account ("Account") by completing our registration process. During the registration you will need to provide certain information, username and password. After completing our registration process, you will become the User of the Site.
In order to be able to exhibit your work on the Site, or create products, you must register the Author and create a personal gallery.
To register an Author you can specify this during the registration of the User or select the appropriate menu in the user's personal page after registering it and start the process of registration of an Author.Once the registration process of the Author is completed, you will be able to sell your own artworks, upload your artworks without sale, create products for printing your images.You agree to provide accurate, current and complete information during the registration and to update such information so that it is accurate, current and complete.
Wall31 reserves the right to block or to delete your account, and also to refuse the upload of an Author if any information provided during or after registration is inaccurate, irrelevant or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any actions relating to your Account, whether or not you have authorized such actions. You will immediately notify Wall31 of any unauthorized use of your Account.
After registering on the Site, the user receives an access to a personal account in which he can adjust his personal information, track his own orders, return the goods etc. In the case of registration of the Author, you will be able to control all orders related to your artworks or printed products.
You can create your personal gallery ("Author Gallery", "Gallery") to present your personal artwork. The gallery can be used both for sale and for the exposition of artworks. In any case, the creation of the Gallery is free and does not require any additional payments from the author during the exhibition of artworks. The author has the right to advertise and to distribute information about his Gallery.In the case of the creation of the Gallery for the sale of copyright works Wall31 signs a commission agreement with the Author, according to which Wall31 becomes the commissioner of the Author.
As an Author, you may submit author's works for original work of art ("Artwork", "Author's Work") that you have created and that you desire to sell through the Site, or to exhibit it in your gallery. You may not submit listings of the author's work on the basis of original artworks created by other artists.
Regardless of the purposes for which the author's work is created, the authorization of Wall31's administration takes place only after providing you with all the information required on the relevant page of our Site. You must comply with any requirements for the registration of art on Wall31 specified on this page. Regardless of the foregoing, if you submit the Author's Work, Wall31 has the right to verify your identity by providing Wall31 with a copy of your ID card or similar documentation. Your Author's work must be accurate and complete, and comply with the requirements of the current Conditions. Wall31 reserves the right to edit any listings to ensure that they comply with these guidelines.
You acknowledge that Wall31 reserves the right to advertise and sell Original artworks through the Site.
You always retain the right to remove the Author's work from the Site, which leads to the automatic termination of the sale of this Author's work on the Site.
If you want to remove the Author's work, you must go to your personal account, select the "Author works" menu, mark the desired work and click "delete". For more information about the personal account, see the following link: https://wall31.com/help.
In case you want to create the author's work for the exposition, you need to select a specific option while uploading the author's work.
Wall31 provides an opportunity for Authors to print images of their original artworks on such products: T-shirts, sweatshirts and hoodies. In this case, the author receives an author's commission for using his image during printing. To control the orders of printed goods with the the author's artworks, the author is provided with a report panel in his personal account, where all orders containing author's images are recorded.
To create a Product with print, the author creates a Product with a print in the corresponding menu of the personal account. You can read the requirements for printing images and learn more about the process of creation of an artwork for printing at https://wall31.com/help.
If you submit Original artworks for sale on the Site, you appoint Wall31 as an independent non-exclusive reseller with the right to resell Original author's artworks through the Site and Services and on third party websites (collectively "Online Sales") and you provide Wall31 transferable, non-exclusive right and license with a right to:
- use, reproduction, distribution, publicly perform and publish copies of the Original work exclusively for the sale of original works of art through Online sales;
- access, viewing, use, cropping, resizing, copying, distribution, copying, distribution, licensing, public display, public performance, transmission and copying of the Original artwork in electronic format or technologies known at the moment or later developed for promotion of the Author's work on the Site and in the Services.
You acknowledge and agree that:
- The above rights to use the images of your Original artworks are provided on a royalty-free basis for the sale of your Original artworks.
- In case of need to pay to third parties the cost of any licenses for the representation of your Original works, you pay this amount yourself.
Wall31 will be considered as sales commissioner of any Original artworks and printing purchased through the online sales channels of Wall31.
SALE OF ORIGINAL ARTWORK
Wall31 (https://wall31.com) provides a service for selling of original artworks works submitted by the Author. Prices for original artworks will be as specified on the applicable listings of those artworks. You acknowledge that prices do not include shipping and handling costs, taxes, duties, and customs duties. Wall31 acts as the commissioner of the author, so the buyer purchases original artworks at Wall31, and not directly from the author of this artwork. For the correct execution of the order Wall31 will collect billing and shipping information of buyers, information on payment and delivery. The author will ship the purchased artwork directly to the buyer's address indicated during the registration on Wall31.
Wall31 carries out commissioner's margin of 15% from the final retail price.
The sales and settlement procedure is as follows:
- The buyer orders and pays Wall31 the cost of copyright works
- Wall31 confirms the author and the buyer of the receipt of funds.
- The author carries out delivery of author's work to the buyer, observing the requirements for the documentary of the delivery
- The buyer confirms the receipt of the author's work without damage.
- The buyer has the right to request a return or replacement of copyright work within three days. At the end of 3 days the buyer has no longer the right to return the purchased artwork.
- Within 7 days Wall31 pays the author the cost of work minus Wall31 commissions.
Wall31 will pay the Authors only after the expiration of the term during which the buyer may demand the return of the goods and funds. Payment to authors is made on the payment details specified by the author during the registration.
SELLING PRINTED ITEMS
You can buy goods (shirts, sweatshirts, hoodies etc.) with printed images of artworks at Wall31. Prices for printed products will be indicated on the relevant product pages. You acknowledge that the prices do not include shipping costs, offsetting, taxes, duties and customs duties. For the correct execution of the order Wall31 will collect personal information of buyers, information on payment and delivery. Wall31 will ship the purchased item directly to the buyer listed at the time of registration on Wall31.
For the use of copyright images Wall31 pays to Authors a commission of 20% GROSS per each print. Wall31 will pay applicable taxes out of this commission.
The sales and settlement procedure is as follows:
- The buyer orders and pays Wall31 the cost of goods with the prints of copyright images.
- Wall31 confirms the buyer the receipt and prints.
- Wall31 carries out the delivery of the goods to the buyer in accordance with the requirements for documentary of delivery.
- The buyer confirms receipt of the goods without damages and claims.
- Within three days the buyer has the right to request a return or replacement of the goods. At the end of 3 days the buyer no longer has the right to return the purchased goods.
- Within 15 days after month end Wall31 pays the author a fee for using the image on sold products for the previous month.
Delivery of original artworks
Delivery of ordered artworks is carried out directly from the author to the buyer. The author can see the buyer's personal information and shipping address in his personal account. The author is responsible for the quality of the packaging and the timely delivery of ordered original artworks.
You agree to ship the original work of art to the buyer within seven days of the date of purchase ("Delivery Period"). If you do not ship within 7 days, sales can be canceled.
The cost of delivery is paid by the customer.
In case of damage to the original artwork during delivery, the responsibility for such delivery is borne by the Author and the carrier. Wall31 reserves the right to cancel the sale of the original work of art and return the money to the buyer.
Delivery of printed items
Delivery of goods with the printings of original artworks is carried out directly from Wall31 to the buyer. Wall31 is responsible for the quality of packaging and the timeliness of delivery. Author can track the execution of all print orders in his personal account. The author is not allowed to change the status of orders of the purchase of printed goods.
RESPONSIBILITY FOR THE ARTWORKS
You acknowledge and agree that you are solely responsible for all Author's Work or Printing Products you create, which you make available through the Site and Services. Accordingly, you agree and warrant that:
1) in respect of Copyright or Printed Materials, created on the basis of your original artworks that you make available through the Site and Services - you are the creator of all such original artworks, and you are the sole and exclusive owner of all such original artworks;
2) in respect of Copyright or Printing Products, created on the basis of your digital works that you make available through the Site and Services - You are the sole and exclusive owner of all such digital content or you have all rights, licenses, permissions required to grant Wall31 the right to such Digital Work, as provided for in these Terms;
3) neither original artworks nor digital works that you make available through the Site and Services, nor the use of Wall31 services provided by these Regulations, violate or will not violate:
d moral or other intellectual property rights,
e. the right to publicity or confidentiality or any law or rule.
PROCESSING OF PERSONAL DATA
Wall31 or its suppliers collect personal information from Buyers and Authors solely for the accuracy, completeness and timeliness of purchasing and providing services on the Site. You can read more about the processing of Wall31 personal data at https://wall31.com/privacy.
SECURITY OF PAYMENTS
Payments to Wall31's online store are possible with credit cards. Payment is made through PayPal, LiqPay and Privat24 payment services. When you place an order, you will be redirected to the sites of these operators and will not enter any information about your credit cards on our website https://wall31.com. We only use the transaction implementation codes, which are then verified with the receipt of money on our account.
Wall31 reserves the right to cancel any order for an Original artwork or for a printed product placed via Wall31 if Wall31 determines, in its sole discretion, that
-information about author's work or image is not reliable;
- the author does not have the right to sell the original author's work, or to place the author's images on the goods;
- the original author's work of art is absent;
- The author refused to sell the ordered work;
- it is impossible to conduct a transaction at the price set by the Author.
If the order placed via the Site and Services is cancelled, Wall31 will send you an email confirmation of such cancellation and you will not be charged for your order.
CURRENCY OF PAYMENTS
All prices set on the Site and in the Wall31 are stated in USD and UAH. In accordance with the client’s country, the invoice is issued in client’s currency.
TAXES, CUSTOM DUTIES
All prices on the site are indicated excluding value added tax (VAT) and without any additional taxes and customs duties. The author is responsible for the registration of original copyright works during the delivery of works sold outside Ukraine. The author covers himself the cost of registration of sold works.
The seller himself covers all possible taxesand customs duties that arise when importing acquired works. Neither Wall31 nor the Author shall be liable for the occurrence of local taxes and customs charges that the Seller is obliged to pay when importing copyright works purchased on the Site or with the services of Wall31. Wall31 does not act as the tax agent of the Author. The author must independently arrange all income that arose from the sale of original copyright works and products on Wall31.
By agreeing to these Regulations, you confirm that:
- Wall31 is liable to the Author and Seller only within the Wall31 Commission. You acknowledge that Wall31 will add Taxes to the amounts charged, as a separate charge, 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.
- Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law.
You understand and agree that Wall31 uses commercially reasonable efforts to display the colors of original artworks, digital works and printed works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Wall31 is not responsible for the color accuracy of any original artworks, digital works and printed works displayed on the Site and Services, and disclaims all liability in this regard.
You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; harms minors in any way; or promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Site, or any individual element within the Site, Wall31 name, any Wall31 trademark, logo or other proprietary information;
c. Access, tamper with, or use Wall31 computer systems, or the technical delivery systems of Wall31 providers;
d. Attempt to probe, scan or test the vulnerability of any Wall31 system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wall31 or any of Wall31 providers or any other third party (including another user) to protect the Site, Services, Wall31 Content or Member Content;
f. Attempt to access or search the Site, Services, Wall31 Content or Member Content or download Wall31 Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Wall31 or other generally available third party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Wall31 trademark, logo URL or product name without Wall31 express written consent;
i. Use the Site, Services, Wall31 Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
j. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Wall31 Content or Member Content;
k. Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
l. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
m. Impersonate or misrepresent your affiliation with any person or entity;
n. Violate any applicable law or regulation; or
o. Encourage or enable any other individual to do any of the foregoing.
Wall31 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wall31 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Wall31 reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for original artworks , Wall31 Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Wall31, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Wall31 respects copyright law and expects its users to do the same. It is Wall31 policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Wall31 blocks the use of the Site and Services to infringing rights of copyright holders.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Wall31 is not responsible or liable for:
- the availability or accuracy of such websites or resources;
- the content, products, or services on or available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Wall31 will have the right to suspend or disable your Account or terminate these
Terms, at its sole discretion and without prior notice to you.
You may cancel your Account at any time by sending an email to firstname.lastname@example.org