In this document, âYouâ, âYourâ, or âUserâ refers to an artist or buyer using this website in any capacity. âWeâ, âIâ, âUsâ, âServiceâ, âCompanyâ, or âArtyâ refers to Arty as an online service. âContentâ refers to information uploaded or posted on Arty including images (photography, drawn, or other) or text. âAccountâ refers to a Userâs Arty account accessible with their credentials.
By buying or selling on Arty You agree to the terms and conditions detailed on this page. You also recognise that itâs Your duty to regularly check these terms to ensure You are compliant with them.
In the event that one part of this document is deemed unenforceable by law, that will not affect the enforceability of the document as a whole.
Thank You for considering Arty for Your commissions. Please review the sections below on Liability for loss and Warranties and Liabilities, which govern Your use of the Service.
Due to Wise terms and conditions, artists under the age of 18 (or the minimum age required to use Wise in your jurisdiction) are required to have a verified PayPal account to use Arty. Withdrawals for these artists will be made via PayPal. Note that PayPal also has minimum age requirements that vary by jurisdiction. If You are ineligible for both a Wise and PayPal account you cannot use Arty.
The User is responsible for, and has ownership of, the content, that is, both images and written information, they upload or post on Arty. Arty is in no way responsible for the content uploaded by the User.
This means two important things:
The Company provides no guarantees as to the duration of which content uploaded or posted to Arty will remain available. We reserve the right to remove or otherwise make unavailable any content uploaded or posted to Arty, at any time, for any reason.
Further to this, We routinely remove content deemed "old" from Arty. These are typically commission files that were delivered over 12 (twelve) months ago but can, at the Companyâs discretion, include any other content within our control.
Arty is an Australian business and therefore governed by Australian law. Artists must familiarise themselves with the applicable laws before uploading or posting content to Arty. If You are unsure then You should seek legal guidance before using Arty.
If in doubt, donât upload it.
Regardless of legality, the following content is not permitted on Arty:
Arty reserves the right to remove, and if necessary, report to law enforcement any content deemed prohibited.
We do not hold an Australian Financial Services License and this website does not offer a financial product or provide general or personal financial product advice. No aspect of the website should be interpreted as a solicitation or offer of financial products. Nothing on this website is intended to be or should be taken as financial, legal, or taxation advice.
Payments are final and non-refundable. The Company may refund a portion or all of a transaction in line with the information contained within the Dispute Rules.
General Right: Without limiting any other rights under these Terms, We may, at any time and in Our sole discretion, with or without notice, suspend, freeze, reverse, claw back, set off, or forfeit any amounts standing to the credit of Your Account, in whole or in part, for any reason or for no reason.
Without limiting the foregoing, Arty may release or forfeit earnings in the following nonâexhaustive circumstances:
Notification Policy: We may, but are under no obligation to, attempt to notify You (for example by email or dashboard notification) before or after any suspension, reversal, freeze, setâoff, release, or forfeiture. Any notice provided is a courtesy only; failure to receive notice does not affect the validity of Our decision.
We may forfeit or release earnings at Our discretion irrespective of whether We are able to contact the respective parties. Funds held on Arty are not bank deposits, are not insured, and do not accrue interest.
You may close Your Account at any time via Your dashboard or by notifying Your intent via our contact page. We may suspend or terminate Your Account, with or without notice, and for any reason or no reason at all:
Arty will report to law enforcement any Account behaviour identified as in breach of Australian law.
Effect of Suspension or Termination: Upon suspension or termination, We may immediately restrict access to Your Account and Content and may cancel, freeze, reverse, set off, or forfeit any pending or available earnings associated with Your Account. You acknowledge that You have no claim to those amounts except as We expressly allow. We may retain funds or records as required to comply with applicable law, manage risk, or support investigations.
Arty will investigate a dispute or chargeback against Your Account and where appropriate will counter-dispute on Your behalf. You will not be penalised for disputes that are counter-disputed and result in a favourable resolution for Arty, or where You and Your client come to an agreement that is favourable for Arty.
At our sole discretion, and without notice, We may report a dispute or chargeback as a potential breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTFAct), and the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules). We reserve the right to share any information about the matter, the parties involved, or anything else deemed appropriate or requested, with applicable governing bodies.
You may be held responsible to pay back money owed to a client. There are three main types of disputes that Arty can attempt resolution for:
You may be required by Arty to provide evidence of Your dealings with a client who issued a dispute or chargeback. Failure to promptly respond to Email requests made by Arty during this process may result in an unfavourable resolution.
At our sole discretion, You may be held financially responsible for disputes or chargebacks that are identified to be legitimate (for example if You do not deliver a commission) or if You do not promptly respond to assistance requests made by us.
Frequent chargebacks against Your Account, regardless of legitimacy, will result in the termination of Your Account.
At our sole discretion, we may:
Some of these are drastic measures that we hope never to enact, but they are necessary to protect the Company and Account holders.
Arty operates a simple referral system. A current User of Arty who refers a new User to the Company may receive, at our discretion, a gift. The gift is currently to have the fixed fee portion of the Userâs next commission waived. Arty will also waive the fixed fee for the referred User for their first Arty commission.
The following conditions apply to the referral system:
To the maximum extent permitted by law, We have no liability to You for any loss, damage, costs, or expenses of any kind (including direct, indirect, incidental, special, consequential, exemplary, or punitive) however caused and under any theory of liability, arising out of or in connection with the Service, Your Account, Your Content, payouts or withdrawals, or these Terms.
Without limiting the foregoing, this includes loss resulting from unauthorised use of Your Account or Account information, identity theft, phishing or malware, thirdâparty acts or omissions, outages, errors, delays, bugs, data loss or corruption, security incidents, changes to the platform, or actions We take in goodâfaith compliance with law or Our policies (including any suspension, freeze, reversal, setâoff, release, or forfeiture).
You are solely responsible for maintaining the confidentiality and security of Your login credentials and for all activities that occur under Your Account. You must promptly notify Us if You believe Your Account is compromised. We may, but are not obligated to, take any action in response to such notice.
You agree to indemnify, defend, and hold harmless Arty and its affiliates, directors, officers, employees, and agents from and against all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to Your use of the Service, Your Content, Your breach of these Terms or the Dispute Rules, any dispute or chargeback involving Your Account, or Your violation of any law or thirdâparty rights.
The Service integrates with thirdâparty services (including, without limitation, Wise, PayPal, and Braintree). Those services are subject to their own terms, conditions, and policies. We do not control and are not responsible for thirdâparty services, and We make no representations about them. Your use of thirdâparty services is at Your sole risk.
You are solely responsible for all taxes, duties, and charges that apply to Your use of the Service and to any earnings You receive. Where required by law, We may withhold, deduct, or remit amounts and may request information from You to enable Us to do so. You must provide accurate and complete information upon request; failure to do so may result in suspension or forfeiture.
We may update these Terms at any time. Changes take effect immediately upon posting on this page unless a later effective date is stated. Your continued use of the Service after changes take effect constitutes Your acceptance. If You do not agree to the changes, You must stop using the Service and, if applicable, close Your Account.
These Terms are governed by the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Australia. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent; We may assign these Terms at any time. Clauses that by their nature should survive termination do so, including, without limitation, Ownership, Earnings Management and Forfeiture, Liability for loss, Indemnity, and Governing Law and Miscellaneous.
Subject to Liability for loss above, and to the maximum extent permitted by law, if any liability remains, Our aggregate liability is capped at one Australian dollar (AU$1).
WE TRY TO KEEP ARTY ONLINE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ARTY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ARTY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ARTY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ARTY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ARTY WILL NOT EXCEED THE GREATER OF ONE AUSTRALIAN DOLLAR ($1). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARTYâS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.