Return Policy

ARTBEATS MARKET INC.

Last Updated: July 31, 2019

RETURN POLICY

This Return Policy (“Policy”) describe the relationship between Artbeats market Inc. (“Artbeats” or “we” or “our” or “us”) and the buyers, prospective buyers, seller or Providers and prospective seller or Providers that use the Artbeats website (“you” or “your”), products, and services (collectively, the “Services”). By using the Services to buy, inquire about, list, market, offer for sale, or sell any property, you agree to be bound by this Policy. Artbeats act as a selling agent for many artists, art dealers and entity that works in the art industry ; those previously mentionned entities are collaborating with Artbeats under legal agreements that entitle Artbeats to act as an agent for them in the course of the Services Artbeats provides ; they will be refered as the ‘’Providers’’. Please read this Policy carefully, and feel free to contact us if you have any questions.

  1. BASIC CONDITIONS

1.1. When you buy any products or anything we have sold you, without limitations, it is a finale sale and there is no possible refund.

1.2. The ONLY exceptions to the previous condition (1.1.) are the following exceptional events, but they ONLY apply if the conditions ‘’APPLY FOR A REFUND’’ (2.) are followed strictly by you:

  1. There has been a violation of the ‘’AUTHORSHIP WARRANTY’’, see our ‘’Conditions of Sale’’ (particularly, point 14. AUTHORSHIP WARRANTY)
  2. The product purchased through our services has been received by you, but the purchased product is broken or damaged and it can be clearly identified as broken by an unrelated third party that is in the position to evaluate an artwork such as an expert in the field of art with recognized competencies and relevant recognized internationally academic background in art and can be clearly identified as broken or damaged by us also.

1.3. There is no return possible if the purchased item does not respond to your personal expectations such as, without limitations:

  1. The dimensions of the item are conflicting with your ‘’wants and needs’’.
  2. The colors shading, brightness or application on the item are not as expected or as seen online.
  3. Your preferences in terms of quality of the item are not met.
  4. You have changed your decision in regard to the purchase of the item after it have been bought by you or after it have been shipped to your asked delivery address.
  5. The signature of the creator on the item is not satisfying your expectations.
  6. You are not satisfied with the completeness of the product ; as an example, there is no description of the item written, printed or emailed to you.

1.4. All items sold through our services are ‘’as seen on the web’’ ; consequently, there is no return possible if the item can be evaluated by us to be ‘’as seen on the web’’ even after the item have been delivered to you.

  1. APPLY FOR A REFUND

2.1. You have to strictly follow the following steps in the right order:

  1. Contact us directly at this email address: antoineveilleux@artbeats.io with all required documentation as follow:
    1. Proof of payment
    2. Proof of identity – the entity name that made the transaction (I.) is matching the proof of identity – a driver licence is an example of an accepted proof of identity.
    3. Description of your request and the legitimate reasons why you want a refund and :
    4. Proof that supports the following statement that you need to write in the email you send us: ‘’The item I have purchase is damaged/broken and the damages have not been done by me. When I received the item, I have become responsible of its good condition and I will not, in any way, directly or indirectly, diminish its moral value moral and its physical value.’’. OR
    5. Proof that supports the following statement that you need to write in the email you send us: ‘’The item I have purchase is not respecting the AUTHORSHIP WARRANTY OF Arbteas Market Inc.’’. Refer to the AUTHORSHIP WARRANTY that can be found in our ‘’Conditions of Sale’’.
    6. The following statement needs to be written in the email you send us: ‘’I do not wish to have a refund over my purchase item because the item did not meet my personal expectations.’’
    7. Your contact information you wish us to contact you back with (only email are accepted).
  2. Give us a period of seven (7) days to respond to you. We may ask for other information and more proof over:
    1. your identity; AND
    2. the breach of AUTHORSHIP WARRANTY; OR
    3. damage of the product not due to you
  3. You will have to accept to transmit us all requested documents, datas, informations, or other requests we asked for in our response to your first email. Give us an additional period of seven (7) days to analyze and approve all your statements with the relevant proofs. In the case that the proofs cannot be validated in seven (7)days which may happens, wait until we can validate correctly all your shared to us proofs. We will communicate with you the delay we need to validate all proofs upon reception of your transmissions; you accept to give us the delay we ask for.
  4. After all proofs have been gathered and, solely, after all proofs have been evaluated and confirmed as ‘’real’’, ‘’clear’’, ‘’legitimate’’ and ‘’verified by us’’ your request for a refund will be completed. When the request for a refund is completed, give us a period of seven (7)days to send you an email that will explain how we will proceed with the reimbursement of your purchased item.
  1. AFTER REFUND CONFIRMATION AND ACCEPTANCE BY US

3.1. We will transmit you the full refund of the purchased item (including, only, taxes and the selling price at which the item was purchased by you) through your Paypal account or by another, secure and without risk means, of transferring the amount to your personal bank account only when the refunded item is received by us and in the same conditions as when you have shipped it.

3.2. In the case that the refunded item is not in the same conditions as established by the ‘’proofs’’ in point 2.1., you will be responsible for the damaged and may become ineligible to a refund and you may have to pay for the damaged caused to the item at the extent of its selling price when you bought it in the first place. You accept the present responsibility and the fact that, even if you have been previously confirmed a complete refund, you may be denied the refund when the returned item is received by us and may be obliged to pay us for the damages caused.

3.3. The shipping and packaging quality do not guarantee that the returned item will be received by us in the requested good conditions; we highly suggest that you insure the shipment of the return item.

3.4. You are responsible to pay the shipping, insuring and packaging of the returned item to us. You may be eligible to a ‘’credit’’ or a partial refund of the related cost of shipping by us, but there is absolutely no certainty that you will receive any fiat currency or forms of value from us for the purpose of covering or helping you return the item to us.

  1. COMPLIANCE WITH OUR OTHER POLICIES AND CONDITIONS

4.1 By requesting a refund, you have confirmed that you have read and accepted to comply with our ‘’Terms and Conditions of Use’’; our ‘’Privacy Policy’’; our ‘’Conditions of Sale’’ and any other legal agreement that you have with us.

  1. EFFECTIVE DATE

These Terms are effective July 31, 2019.

 

Conditions of Sale

ARTBEATS MARKET INC.

Last Updated: July 31, 2019

CONDITIONS OF SALE

These Conditions of Sale (“Conditions”) describe the relationship between Artbeats market Inc. (“Artbeats” or “we” or “our” or “us”) and the buyers, prospective buyers, seller or Providers and prospective seller or Providers that use the Artbeats website, products, and services (collectively, the “Services”). By using the Services to buy, inquire about, list, market, offer for sale, or sell any property, you (“you” or “your”) agree to be bound by these Conditions. Artbeats act as a selling agent for many artists, art dealers and entity that works in the art industry ; those previously mentionned entities are collaborating with Artbeats under legal agreements that entitle Artbeats to act as an agent for them ; they will be refered as the ‘’Providers’’. Please read these Conditions carefully, and feel free to contact us if you have any questions.

  1. BASIC CONDITIONS

These Services include an online marketplace and tools to buy, inquire about, list, market, offer for sale, and sell artwork and other property. We are not a party to any sale, except as stated in section 6 below. We may facilitate communication or payment between buyers, prospective buyers, and Providers in connection with some property. However, we are not the agent of any buyer or prospective buyer and we are not the agent of any seller or Provider for any purpose unless we have an agreement with the seller or Provider or buyer. If you are using the Services on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to bind that entity to these Conditions, in which case the terms “you” and “your” in these Conditions will refer to that entity. In these Conditions, “on the Services” means on the Artbeats website and/or (as applicable) on any Artbeats application that you may use. By using the Services in any manner, you also accept our Terms of Use which governs your access to and use of the Services, Return Policy and our Privacy Policy, which describes our practices for the collection and use of your information.

  1. ADDITIONAL PROPERTY TERMS

Seller or Providers that use the Services are separate businesses from Artbeats and may have their own additional terms and conditions that apply to the property they offer for sale. Such terms and conditions may be posted in such property’s listing on the Services or otherwise made available on the Services in connection with such property, and you are responsible for reviewing all relevant information available on the Services before buying any property. If these Conditions conflict with any seller or Provider’s terms and conditions posted on the Services, the seller or Provider’s applicable terms and conditions will apply to the extent of the conflict. However, in no event will any seller or Provider’s terms and conditions constitute any representation, warranty, or assumption of liability of any kind by us.

  1. INQUIRIES

These Services may include features that enable you to contact us or the seller or Provider regarding property listed on the Services (“Inquiry”). We and the seller or Provider will have no obligation to accept or respond to any Inquiry and no liability for any delay or failure to do so.

  1. ONLINE PURCHASES

You may be able to place orders to purchase some property on the Services using the online purchase feature (“Online Purchase”). Where available, the Online Purchase feature will be indicated on the Services with a “Purchase” or “Buy Now” button. Online Purchase orders are binding on the buyer. When you place an order using the Online Purchase feature, you are required to complete the transaction subject to these Conditions.

  1. CONSIGN/SELL

If you are interested in consigning your property, the Services may include features that provide you with the opportunity to connect with potential seller or Providers who may allow you to consign your property with them. We and/or any potential seller or Provider will have no obligation to accept or respond to any such request for an offer of consignment and will have no liability for any delay or failure to do so. Any information provided by us or any potential seller or Provider are general guidelines only and may not be relied on by you.

  1. ARTBEATS SALES

Artbeats itself may sell property through the Services. If we are the seller or Provider of an item, we may expressly identify Artbeats as the seller or Provider on the Services and when performing a transaction with the buyer, and with respect to that item, we will be considered the seller or Provider under these Conditions. In all other cases, whether Online Purchase or otherwise, we are not the seller or Provider and will have none of the seller or Provider’s obligations or liability, whether under these Conditions or otherwise.

  1. WITHDRAWAL

We and the seller or Provider each reserve the right to withdraw any property from the Services at any time, and will have no liability whatsoever for any such withdrawal. With respect to property listed with the Online Purchase feature, this withdrawal right applies before, during and after Online Purchase sale.

  1. BUY NOW OR CONTACT US DIRECTLY TO MAKE AN OFFER

Features. You may be able to place orders to purchase some property on the Services using the online purchase feature (“Buy Now”) or you may contact us directly to make an offer. Where available, the Buy Now feature will be indicated on the Services with a “Buy Now” button. Buy Now orders are binding on the buyer. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Conditions. If such an item is ordered using the Buy Now feature, it will be withdrawn from the available inventory of the seller or Provider has pending completion of the Buy Now sale. For some items, you may contact us directly to make an offer. In these cases, you may be able to place an offer for such items using the contact us features and the seller or Provider may choose to accept your offer or respond with a counter-offer. The property will not be removed from a seller or Provider’s inventory until such time as a seller or Provider accepts either Buy Now or has been contacted directly by you and offered an offer.

Registration and Requirements. In order to participate in Buy Now/Contact us, you will need to create an Artbeats account and register, provide any required contact and payment information, and complete any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information. We may also require that you deposit a portion of any purchase price or offer that you place, in which case, if the sale is not finalized, your deposit will be refunded to you. In any case, we may refuse registration or access to any person at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to use your Artbeats account or login credentials.

Buyer’s Responsibility. Each buyer that places an order using “Buy Now” or makes an offer using “Contact us” is required to complete the transaction if they hit the “Buy Now” button, or if their offer which they made using the “Contact us” function is accepted. When you purchase property or make an offer on any item, you are accepting personal liability for the Total Purchase Price (defined below). You also represent and warrant that any purchases made or offers placed by you or on your behalf are not the result of any collusive or other anti- competitive agreement and are otherwise consistent with federal and provincial laws and the Competion Act of Canada.

Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to “Buy Now” or “Contact us” at any time; and, (ii) reject, revoke or refuse to accept any such order or offer at any time (even orders or offers that may have been previously confirmed, whether on the Services, by email, text message or otherwise).

Inquiries. The seller or Provider unless specified in an agreement with Artbeats will have no obligation to accept any offers submitted through ‘’Contact us’’ and we and the seller or Provider will have no liability for any delay or failure to do so.

All Offers and Sales are Final. Please note that all offers and sales are final once submitted and may not be cancelled or modified by you.

Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase (whether through “Buy Now” or “Contact us”) the sale contract between the buyer and the seller or Provider is concluded. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies that the seller or Provider or we are required to collect from the buyer under applicable law; (iii) any and all shipping and packing costs; and (iv) any and all other applicable charges such as insurance cost on delivery.

Payment Processing. We accept payment from the buyer on behalf of the seller or Provider in connection with sales made using the “Buy Now” and “Contact us” functions. We use a third-party payment processor, Stripe, that accepts American Express, Visa, MasterCard, Discover, and Diners Club. We may place limits on any credit card purchase to process any transaction at our sole discretion. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made for these sales. Currently, all payments in connection with these sales must be made in the fiat currency requested or in the fiat currency that the selling price of the item on the website is presented unless we expressly agree otherwise in writing or by the ‘’Contact us’’ feature. The buyer is responsible for any foreign exchange costs incurred to make all payments to us in the fiat currency as seen above regardless of the buyer’s home currency. The buyer consents to us retaining commissions out of amounts received from the buyer to the seller or Provider for these sales.

Taxes. The buyer is required to pay any and all sales taxes, TPS/TVQ or GST/HST, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes the seller or Provider is, or we are, as applicable, required to collect, but the failure of the seller or Provider or us, as applicable, to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes will be collected from the buyer in addition to the listed price.

  1. AFTER SALE

Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase the sale contract between the buyer and the seller or Provider is concluded, and the buyer must pay the Total Purchase Price no later than 5:00 PM ET on the first (1st) day after the sale (“Payment Deadline”) unless otherwise agreed between us and the buyer through a formal agreement. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, TPS/TVQ or GST/HST and/or any other taxes or levies that the seller or Provider or we are required to collect from the buyer under applicable law.

Passage of Title and Risk of Loss. We do not transfer and are not responsible for transferring legal ownership of property from the seller or Provider to the buyer. The seller or Provider represents that: (i) the seller or Provider is the sole owner of each item the seller or Provider offers for sale through the Services, or else the seller or Provider is duly authorized by the owner of such item to sell it; and (ii) subject to these Conditions, the seller or Provider is able to transfer good and marketable title to such item to the buyer free from any claims of third parties. Risk of loss to each item will pass to the buyer when legal title to such item passes to the buyer.

Payment Processing. We may accept payment from the buyer on behalf of the seller or Provider in connection with some sales, in which case we will notify the buyer that we are doing so by email and/or by providing the buyer with an option to check out on the Services. In all other cases, the buyer will pay the seller or Provider directly.

Different seller or Providers may accept different payment methods and/or have additional terms and conditions that apply to payments made to them, and the buyer will be subject to those terms and conditions as applicable. We may accept payments from buyers by credit card, check or wire transfer at our sole discretion, and have no obligation to accept payment by other means. We accept American Express, Visa, MasterCard or Discover only unless otherwise specified in a formal agreement between us and the buyer. We may place limits on any credit card purchase and/or use third-party payment processors to process any transaction at our sole discretion. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made to us by credit card or any other means. All payments to us must be made in the fiat currency requested, as seen on the website, unless we expressly agree otherwise in writing. The buyer is responsible for any currency costs incurred to make all payments to us in the fiat currency requested on the website regardless of the buyer’s home currency or payment method. If we or the seller or Provider incur any bank fees receiving any payment from the buyer by wire transfer, the buyer will be responsible for those costs and agrees that (as applicable) we or the seller or Provider may charge those costs to the buyer. The buyer consents to us paying commissions out of amounts received from the buyer to third parties referring us clients or otherwise assisting us in connection with the sale of property.

Taxes. Unless exempt by law, the buyer is required to pay all sales and use taxes, TPS/TVQ or GST/HST, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay the seller or Provider any taxes as the seller or Provider is required to collect, but the failure of the seller or Provider to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation and come into direct communication with us before concluding the transaction. Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes may be collected from the buyer in addition to any listed price.

Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property unless expressively stated otherwise ; to seek confirmation, if you are uncertain of the inclusion of the shipping, packing cost in the selling price, contact us directly before concluding any transaction. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer, seller or Provider or third party in connection with the shipping, packing or handling of any property. We do not control and are not liable or responsible for the acts, omissions or policies of the seller or Provider or any third party in connection with the shipping, packing or handling of any property, whether or not recommended by us. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property.

Resale. The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.

Remedies for Non-Payment. If the buyer for any reason cancels any payment made by credit card or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default (“Buyer Default”) and will be liable for payment of such Total Purchase Price and any other applicable charges such as the one’s presented in our ‘’Return Policy’’. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or the seller or Provider (whether at law, in equity, or under these Conditions), subject to the New York Uniform Commercial Code, the seller or Provider may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller or Provider thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by the seller or Provider and the purchase price originally owed by the defaulting buyer. In any case, the defaulting buyer will be liable to us and the seller or Provider for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.

  1. EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS

Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of Artbetas and our officers, owners, directors, consultants, agents, and employees (collectively, the “Artbeats Parties”) or the seller or Provider makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions. It is solely the buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property. Unless the buyer and the seller or Provider agree otherwise, a delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property. None of the Artbeats Parties or the seller or Provider will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.

  1. STAFF PARTICIPATION

Artbeats staff may use the Services as buyers in their personal capacity (i.e. not as our employees, agents or representatives) as long as they do not have any confidential information about the item they are buying. In all cases, the staff member is personally subject to these Conditions like any other buyer.

  1. AVAILABILITY AND PRICING

We cannot guarantee that any property appearing on the Services will be available to sell or listed with the correct price, including but not limited to items listed with the Online Purchase feature. We reserve the right to cancel any Online Purchase order at any time if we are notified by the seller or Provider or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the buyer receives an order confirmation (whether on the Services, by email or otherwise). If your Online Purchase order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and the Artbeats Parties and the seller or Provider will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all property appearing on the Services is subject to availability.

  1. “AS IS”

EXCEPT FOR THE AUTHORSHIP WARRANTY PROVIDED BY THE SELLER OR PROVIDER IN SECTION 14 BELOW, ALL PROPERTY SOLD IN AN AUCTION OR VIA ONLINE PURCHASE IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, AND NONE OF THE ARTBEATS PARTIES OR THE SELLER OR PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM,

PROVENANCE, EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY SUCH PROPERTY, AND NO STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE ON THE SERVICES, IN A BILL OF SALE, AN ADVERTISEMENT, ANY OTHER SUPPLEMENTAL MATERIALS OR ELSEWHERE, WILL BE DEEMED SUCH A REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY. THE ARTBEATS PARTIES AND THE SELLER OR PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE BUYER WILL ACQUIRE ANY REPRODUCTION RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY PROPERTY SOLD, OR WHETHER ANY ARTWORK SOLD IS SUBJECT TO ANY ARTIST’S MORAL RIGHTS OR RESIDUAL RIGHTS. WITH RESPECT TO PROPERTY AVAILABLE FOR BIDDING, ANY ESTIMATE OF THE SELLING PRICE IS NOT TO BE RELIED ON AS A STATEMENT THAT THIS IS THE PRICE AT WHICH THE ITEM WILL SELL OR ITS VALUE FOR ANY OTHER PURPOSE. THE ARTBEATS PARTIES AND, EXCEPT AS STATED IN SECTION 14 BELOW, THE SELLER OR PROVIDER, WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICES OR IN ANY SUPPLEMENTAL MATERIALS. EXCEPT AS STATED IN SECTION 15 BELOW, ALL PROPERTY SOLD VIA ONLINE PURCHASE IS FINAL SALE AND IS NOT RETURNABLE AS STATED IN OUR ‘’RETURN POLICY’’. ACCESS OUR ‘’RETURN POLICY’’ THROUGH THIS LINK ; THE ‘’RETURN POLICY EXPLAIN EXCEPTION TO THE PREVIOUS STATEMENT.

  1. AUTHORSHIP WARRANTY

Authorship Warranty. The seller or Provider warrants to the buyer for a period of thirty (30) days from the sale date that if the property sold by the seller or Provider via Online Purchase is described as of the sale date in the property listing on the Services in Bold or UPPER CASE type to be the work of a named authorship without qualification, then the property is authentic and is not a forgery (“Authorship Warranty”). This Authorship Warranty is subject to the following terms and conditions: (i) it does not apply to property whose description of authorship on the Services as of the sale date corresponded with the generally accepted opinion of scholars or experts or indicated that there was a conflict of opinions; (ii) it does not apply to property whose authorship as described on the Services as of the sale date is proved inaccurate by means of a scientific process not generally accepted for use until after the sale date or a process which as of the sale date was unreasonably expensive or impractical or likely to have caused damage to the property; (iii) the benefits of the Authorship Warranty are not transferable and apply only to the original buyer of record, and not to their successors or assigns or any other party; and (iv) “authorship” means only the creator of the property, or the period, culture, source or origin of the property, as the case may be, as described in the property listing on the Services in Bold or UPPER CASE type as of the sale date.

Cancellation and Refund. The seller or Provider agrees to cancel the sale and refund the purchase price of the property to the buyer subject to the following terms and conditions: (i) the buyer must notify the seller or Provider in writing within thirty (30) days after the buyer first receives any information leading to the belief that the Authorship Warranty has been breached, in any case within (30) days after the original sale date, and must provide such information to the seller or Provider; (ii) the buyer must have remained the owner of the property without disposing of any interest in it to any third party; and (iii) the buyer must return the property to the seller or Provider in the same condition it was in as of the original sale date. The seller or Provider reserves the right, as a condition to cancelling any sale under the Authorship Warranty, to require that the buyer obtain, at the buyer’s expense, the written opinions of two (2) independent and recognized experts in the held mutually acceptable to the buyer and the seller or Provider. The seller or Provider will not be bound by any expert opinions produced by the buyer and reserves the right to obtain additional expert opinions at the seller or Provider’s own expense. The activities described in this paragraph will be conducted by the buyer and the seller or Provider. However, Artbeats will have no responsibility to the buyer or the seller or Provider in these regards. Artbeats may solely act as a mediator.

Exclusive Remedy. The buyer acknowledges and agrees that cancellation of the sale and refund of the purchase price subject to the above terms and conditions will be the buyer’s sole and exclusive remedy for any breach of the Authorship

Warranty, in place of any other remedy or recourse that might otherwise be available at law or in equity. None of the Artbeats Parties or the seller or Provider will be liable to the buyer for any special, incidental or consequential damages arising out of or in connection with any breach of the Authorship Warranty, including, without limitation, loss of profits or interest.

No Warranty by Artbeats. Except with respect to property sold by Artbeats itself, we make no representations or warranties of any kind (express or implied) with regard to any property and will not be responsible for the Authorship Warranty provided by the seller or Provider.

  1. DISPUTE RESOLUTION

The Artbeats Parties have no duty to resolve, and will not act as the agent of any buyer, prospective buyer or seller or Provider in connection with resolving, any disputes. However, we reserve the right, but are not obligated, to investigate complaints or claims of buyers, prospective buyers or seller or Providers, and you agree to cooperate with us in any such investigations that we may choose to conduct, as permitted by applicable law. We may act as a mediator as to maintain trust with the buyer and the seller or Provider.

  1. GENERAL RELEASE

THE ARTBEATS PARTIES DO NOT ENDORSE OR CONTROL AND ARE NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE OR NON- PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY BUYERS, PROSPECTIVE BUYERS OR SELLER OR PROVIDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, OFFERED OR SOLD THROUGH THE SERVICES. IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, PROSPECTIVE BUYERS OR SELLER OR PROVIDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, OFFERED OR SOLD THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE ARTBEATS PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU EXPRESSLY WAIVE ANY BENEFITS OR 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 ENTERING INTO THIS RELEASE.

  1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, AND ANY WARRANTIES THAT ANY BUYERS, PROSPECTIVE BUYERS OR SELLER OR PROVIDERS WILL COMPLETE ANY TRANSACTIONS OR OTHERWISE PERFORM AS PROMISED, ALL OF WHICH THE ARTBEATS PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ANY OF THE ARTBEATS PARTIES BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE EXECUTION OF ANY SERVICES (WHETHER ONLINE, OFFLINE, ON THE SERVICES, IN AN EMAIL, OR OTHERWISE), OR FOR ANY INABILITY OR FAILURE TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR FROM ANY BREAKDOWNS OR MALFUNCTIONS OF THE SERVICES OR ANY COMPUTER, DEVICE OR SYSTEM DIRECTLY OR INDIRECTLY AFFECTING THE AVAILABILITY OR OPERATION OF THE SERVICES.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF THE ARTBEATS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE CONDITIONS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; OR (iv) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. In no event will any of the Artbeats Parties have any liability whatsoever with respect to the listing, marketing, offer or sale of any property through the Services, except that our liability to the seller or Provider may vary as otherwise stated in a separate written agreement between us and the seller or Provider, and with respect to property sold by Artbeats itself, our liability to the buyer will be limited to the remedy expressly provided in section 14 of these Conditions under the Authorship Warranty. The exclusions and limitations of liability provided in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the Artbeats Parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these Conditions is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided in this section may not apply to you, in which case the liability of the Artbeats Parties will be limited to the fullest extent permitted by applicable law.

  1. CHOICE OF LAW AND VENUE

These Conditions, and the rights and obligations of the parties under these Conditions, will be governed by and construed in accordance with the laws of the province of Quebec and, to the extent applicable, the laws of Canada, excluding any conflict of laws principles. This Terms and Condition of Use is subject to the laws of the Province of Quebec. The parties hereto «hereby elect domicile in the judicial district of Montreal. You agree that any disagreement or dispute you have against us or arising out of or related to these Terms or our Services or arising out of its interpretation or application will be settled definitively by arbitration and excluding the courts, according to the laws of Quebec. Unless the parties decide otherwise in an arbitration agreement, the arbitration shall be conducted under the aegis of an arbitrator alone and shall be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Québec, in force at the time of this dispute. The arbitration award shall be final, binding and without appeal and binding on the parties.

  1. CHANGES TO THESE CONDITIONS

We reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes to these Conditions will be effective immediately when posted on the Services, and you agree to review these Conditions carefully and inform yourself of all applicable changes before buying on any property. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of these Conditions for your records.

  1. MISCELLANEOUS

These Conditions, together with any other applicable terms and conditions made available on the Services, and (as applicable) any written terms and conditions made available by us or the seller or Provider at a live event where the Services are used constitutes all of the terms and conditions on which you may purchase or inquire about property through the Services and from Canada only. If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and these Conditions will otherwise remain in full force and effect. No delay or failure by us to exercise or enforce any right or provision of these Conditions will be deemed a waiver of that or any other right or provision. We will not be deemed to have waived any right or remedy under these Conditions unless the waiver is in writing and signed by an Artbeats representative who intends and is duly authorized to agree to such waiver on our behalf. No single or partial exercise by us of any right or remedy under these Conditions will prevent any further exercise by us of any other right or remedy. These Conditions will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns, but you may not assign these Conditions or any right or obligation under these Conditions without our prior written consent. There are no third-party beneficiaries to these Conditions except as expressly stated in these Conditions. You and we are independent contractors under these Conditions. Nothing stated in or implied from these Conditions will create any agency, partnership, joint venture, employment, sales representative, or franchise relationship between you and us. These Conditions were written in English. To the extent any translated version of these Conditions conflicts with the English version, the English version controls. The paragraph and section titles in these Conditions are for convenience only and have no legal or contractual effect.

  1. CONTACTING ARTBEATS

If you have any questions about these Conditions, please email us at: antoineveilleux@artbeats.io . Artbeats is located at: 2135 Sherbrooke East, Montreal, Quebec, Canada H2K1C2.

 

Last Updated: July 31, 2019

 

Privacy Policy

ARTBEATS MARKET INC.

PRIVACY POLICY

Last Updated: July 31, 2019

This Privacy Policy (“Policy”) describes how ARTBEATS MARKET INC (“Artbeats” or “we” or “our” or “us”) collects, stores, shares, and uses information, and your choices about privacy when you use our website, products, and services (collectively, “Services”). Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices. This Policy is part of our Terms of Use, which can be viewed at: https://www.artbeats.io.

Any capitalized terms that are used but not defined in this Policy have the same meaning given to them in our Terms of Use. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used as described in this Policy and our Terms of Use. By using our Services, you consent to the collection, use and sharing of your Personal Information as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.

WHEN THIS PRIVACY POLICY APPLIES

This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an Artbeats account. This Policy only applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage. If, at any time during the course of using our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.

TYPES OF INFORMATION WE PROCESS

Information You Provide: We may collect the information that you provide (such as name, email address, home address, phone number) or otherwise make available to us when you access or use our Services, including when you:

  • fill in any forms on our Services, such as when you register for an Artbeats account or update your account or User profile information;
  • access or use our Services, such as when you search for or view artwork or other items, follow artists, galleries, institutions or other Users, or otherwise perform transactions, or communicate with other Users (this can include the information you provide on or through our Services, and information about how you access or use our Services, such as which features you use and when you use them);
  • link your Artbeats account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media service), in which case we may obtain your username on that service and other information you make publicly available through that service, which may vary depending on your settings on that service; or
  • communicate with us.

Information Collected Automatically: We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to the collection of that information. Examples include but are not limited to Internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

Information from Cookies, Web Beacons and Similar Technologies: We may collect information through the use of cookies, web beacons and similar technologies. These technologies help us to operate, improve and customize our Services, Content and marketing, for example, by helping us to better understand how Users access and engage with our Services, Content, emails and ads. We may also use third-party service providers (such as analytics or ad providers) that may use cookies, web beacons and similar technologies to help operate their services. Your browser may have settings that let you decline cookies, but please note that some of our Services may not be available if you decline cookies, as some of our Services require cookies to operate. For more information about cookies, web beacons, similar technologies, and how they are used, please see our Cookie Policy below, which is considered part of this Policy.

Information from Other Users: If you use our Services to communicate with another User or perform a transaction with another User, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when Users share User Content through our Services, if it contains information about you, we will receive that information as well. More information about User Content is provided below.

Information from Other Sources: We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes, including the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with our Services, along with other purposes described in this Policy.

Information from Mobile Use: When you access our Services on a mobile device, for example, when you download or use an Artbeats mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device for legitimate business purposes. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.

HOW WE USE THE INFORMATION WE COLLECT AND WHY

The information we collect helps us to operate, improve, protect, and customize our Services, and to develop new Services. The information we collect also helps us to provide customer support and make our Services more efficient for you and other Users. For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information, and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services. In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes and reasons:

  • to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
  • to provide you with customer support (reason: legitimate business purpose);
  • to facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose);
  • to operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others (reason: legitimate business purpose);
  • to develop and display more customized Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
  • to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account (reason: to protect the public interest and for legitimate business purpose);
  • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose);
  • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about our Services and Content, and the products, services, and Content of others (see below for information on how to opt out of receiving certain communications from us) (reason: to receive consent, and for legitimate business purpose);
  • to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
  • to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other Artbeats policies or agreements with Users (reason: compliance with a legal obligation);
  • to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).

COMMUNICATION PREFERENCES

We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings (if you have registered for an Artbeats account), or emailing us. Please note that opt- out requests may take up to Five (30) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions. For further information, please contact us at antoineveilleux@artbeats.io. Please note that unsubscribing from receiving emails from us may result in a less robust experience of our Services.

ACCOUNTS AND USER PROFILES

Registration, Access and Records To register for an Artbeats account, you will need to provide your full name and a valid email address. If you have received our permission to use our Services as a business, you may need to complete an additional registration process and provide additional information. If you have an Artbeats account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is your responsibility to update all such information as necessary to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings and collector profiles will be removed at such termination. For further information, please contact us at antoineveilleux@artbeats.io.

Profile and Account Information: To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as a bio, location and website) will be visible to other Users on our Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. Please also note that public information on our Services may be indexed by third- party search engines and accessible through them. For further information, please contact us at antoineveilleux@artbeats.io.

Data Retention. We will keep and use your data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at antoineveilleux@artbeats.io. By deleting your data from our Site, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.

FAVORITES AND FOLLOWS

Our Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items. If your public profile is enabled, other Users may also be able to follow you, and the number of Users that follow you may be visible to other Users on our Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings. If you enable such designations, we may include you in email communications regarding those designations. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information, please contact us at antoineveilleux@artbeats.io.

USER CONTENT

As described in our Terms of Use, some Services may enable you to provide User Content on or through our Services. When you post or publish User Content on our Services, any information contained in the User Content (including information in images or videos) becomes publicly accessible on our Services (and may also be indexed by and accessible through third-party search engines), and we and other Users may access and use the User Content as described in our Terms of Use. This applies even if you or someone else also provides such information to us by other means, and our use of such information might have been more limited under this Policy if such information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others through our Services.

USER COMMUNICATIONS

Connecting with Other Users. We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when a gallery or other seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.

Sharing Information with Other Users. When you use our Services to contact another User or perform a transaction with another User, such as an auction house, gallery, or institution, they may obtain your name, email address and (as applicable) other contact information from us to facilitate communications, transactions, or for their marketing purposes. Sometimes such Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings.

WITH WHOM DO WE SHARE PERSONAL INFORMATION?

Personal Information. Under this Policy, “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, a person’s name, email address, postal address or phone number), and Personal Information does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.

Service Providers. We may contract with third-party service providers that help us provide some of our Services, or that perform some services for us related to our Services, and they may access your Personal Information as needed to perform their functions for us. Examples may include but are not limited to order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services.

We use third parties, including Paypal and Stripe. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers’ privacy policies and service terms.

Business Transfers. If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an Artbeats account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Artbeats account.

Legal Purposes. We may access, preserve, and disclose your Personal Information and/or other information if we believe that such access, preservation or disclosure is reasonably necessary to: (i) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders), which may include responding to legal requests from jurisdictions outside Canada; (ii) enforce our Terms of Use or our other policies or agreements with Users, or investigate potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect or enforce the rights or property of Artbeats, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm.

AGGREGATED AND NON-PERSONAL INFORMATION

We may aggregate or make anonymous any Personal Information that we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.

PAYMENT INFORMATION

If you use our marketplace or register for certain Services, you may need to provide payment information, such as a credit card number, type and expiration date. We do not store credit card information entered on our Services. This information is stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor’s own terms of service and privacy policy. We do receive certain information from the payment processor, including a unique token that we associate with you to authorize your purchases, and in certain cases, the last four digits of the credit card number associated with that token, in order to help prevent fraud and identity theft. If you do not wish to provide payment information, you will not be able to use certain Services on our Site.

OTHER WEBSITES AND SERVICES

Our Services may include links to other websites or services that we do not own or control, and other websites or services that we do not own or control may include links to our Services. Our Services may also include features that enable you to link your Artbeats account to your account on other social media services. For example, you may be able to sign up for (or sign in to) our Services through another social media service. Our Services may also include features that enable you to share Content on other websites and social media services. However, these links and features are not an endorsement by us of any other websites or services, or any of their privacy policies or practices. When you visit or use other websites or services, they may collect information from you, including through the use of cookies, web beacons or similar technologies. We encourage you to read the privacy policies of other websites and services that you visit or use to be informed of their practices.

INTERNATIONAL PROCESSING

Artbeats is headquartered in Canada. Our Users (including the galleries and other organizations that use our Services as exhibitors or sellers), service providers, and other third parties you may interact with in connection with our Services, may be located in Canada and other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the Canada. By accessing or using our Services in Canada or any other country or jurisdiction, you agree that your information may be transferred and processed in Canada and any other country or jurisdiction.

In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-CAN. Privacy Shield, Artbeats remains accountable for the onward transfer of such Personal Information.

CHILDREN’S INFORMATION

Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us at antoineveilleux@artbeats.io.

SECURITY

Every Artbeats account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.

STATUTORY REQUESTS

Some jurisdictions have laws that give people the right to access or correct their Personal Information which a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to antoineveilleux@artbeats.io. Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).

EU-CAN PRIVACY SHIELD

Artbeats complies with the Privacy Shield regarding the collection, use, and retention of personal information transferred from the EU and the United Kingdom to the Canada in reliance on such framework. Artbeats adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

For more information about the EU-CAN Privacy Shield Framework, visit the Canadian government official website.

DISPUTE RESOLUTION

As this Policy is part of our Terms of Use, any disputes involving you and us that relate to privacy or the use of your information, and that arise out of or are related to this Policy or our Services, will be subject to our Terms of Use, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution.

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. In limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, and please note that you have the right to register a complaint with your data protection regulator in your country.

CHANGES TO THIS PRIVACY POLICY

Our business changes with time, and our Privacy Policy will change also. We reserve the right to change this Policy, including our Cookie Policy, without prior notice, at any time at our sole discretion. For example, and without limitation, we may change this Policy to rehect changes to the law or changes to our Services. All changes to this Policy will be effective when posted on our Services, or at such later date as may be specified in the updated Policy. We will notify you of any changes to this Policy by posting the updated Policy on our Services, and you agree to review this Policy regularly and inform yourself of all applicable changes. By continuing to use our Services after any changes to this Policy become effective, you agree to such changes and the updated Policy. Unless we notify you otherwise, the current version of this Policy will apply to all information that we have about you or your account.

CONTACTING ARTBEATS

If you have questions or comments about our Privacy Policy or practices, would like to know what Personal Information we hold about you, or would like to update, delete, or request access to such Personal Information, you may contact us by email sent to at antoineveilleux@artbeats.io, or by postal mail sent to Artbeats, 2135 Sherbrooke East, Montreal, Quebec, Canada, H2K1C2.

COOKIE POLICY

Cookies, Web Beacons, and Similar Technologies. We may use cookies, web beacons and similar technologies, such as tracking URLs, to collect information about how you or others access or engage with our Services, Content, emails, and ads displayed on or off our Services, and to operate, develop, improve, and customize our Services, Content, and marketing, including ads displayed on or off our Services. Most browsers automatically accept cookies, but your browser may have settings that enable you to decline or delete cookies on your device. Please note that if you decline cookies, you may not be able to sign in, customize, or use some of the interactive features of our Services, as some of our Services require cookies to operate.

What these Technologies Are. “Cookies” are small data files placed on your computer or other device which record information. For example, a cookie could enable our Services to recognize your browser, while another cookie could store your account preferences and other information to help make our Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.

Third-Party Analytics, Service, and Ad Providers. We may use third-party analytics and services providers who help us to better understand how our Services and Content are accessed and used, including for web analytics, audience measurement, personalization and segmentation, and relationship management purposes. In turn, this information helps us to develop and improve our Services and Content. Our third-party analytics and service providers include but are not limited to Google Analytics. These providers may use cookies, web beacons and similar technologies to collect information about how Users access or engage with our Services, Content, emails, and ads on or off our Services. For more information about how Google may collect and process information in connection with Google Analytics, visit https://safety.google/privacy/data/.

We may also use third-party advertising providers, including ad networks or exchanges, to help display ads on our Services or on other websites, including customized ads based on past online activity. These third parties may use cookies, web beacons and similar technologies to help provide their services to us, and to collect information about your and others’ online activity across different websites. These providers may also collect your IP address, device identifier, or identifier for advertising (IDFA). The third-party advertising providers we use include but are not limited to Google Analytics, and we use its Remarketing and Demographics and Interest Reporting features, which enables Google Analytics to collect data about traffic on our Services through Google advertising cookies and anonymous identifiers. We and third-party providers, including Google Analytics, may use First-party cookies (i.e. cookies set by the website you are visiting) and third-party cookies (i.e. cookies set by a third-party website other than the website you are visiting) to inform, optimize, and serve ads based on past visits to our Services. We do not control the practices of any third-party providers, and this Cookie Policy (and our Privacy Policy in general) does not cover the use of cookies, web beacons or similar technologies by any third parties.

Opting-Out. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at antoineveilleux@artbeats.io.

 

Last Updated: July 31, 2019

Terms and Conditions of Use

ARTBEATS MARKET INC.

TERMS AND CONDITIONS OF USE

Last Updated: July 31, 2019

Welcome to Artbeats these Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Artbeats Market Inc. (“Artbeats” or “we” or “our” or “us”) that governs your access to and use of our website, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

  1. BASIC TERMS

1.1 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 or otherwise in connection with those Services.

1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.

1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.

1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at https://www.artbeats.io  Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.

1.5 You will need to register for an Artbeats account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

1.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.

1.7 The permission we give you to register for an Artbeats account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Artbeats account, or any access to or use of our Services, to any third party.

1.8 We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.

1.9 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.

1.10 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an Artbeats account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the “unsubscribe” button on the email, or contact us at antoineveilleux@artbeats.io to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.

1.11 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.

  1. DEFINITIONS

In these Terms:

“User” means any person or entity that accesses or uses our Services in any way, whether or not they register for an Artbeats account, including you.

“Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both Artbeats Content and User Content.

“Artbeats Content” means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.

“User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.

“Your User Content” means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.

“on our Services” means on the Artbeats website and/or (as applicable) on any Artbeats mobile application.

“including” means “including but not limited to” unless we specifically indicate otherwise.

  1. OWNERSHIP

3.1 All Content is owned by Artbeats or by third parties who have licensed their Content to us, and is protected by Canadian and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under Canada and international copyright laws.

3.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Artbeats or third parties in Canada and/or other countries.

3.3 As between you and Artbeats, Artbeats owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Artbeats Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.

3.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.

3.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Artbeats or any third party, whether by implication or otherwise.

3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.

3.7 We welcome feedback, comments and suggestions about our Services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.

3.8 We reserve all rights not expressly granted to you in these Terms.

 

  1. GENERAL CONTENT TERMS

4.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.

4.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your Artbeats User experience, in accordance with the normal functionality and restrictions of our Services.

4.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. the open source license may contain provisions that override some of these Terms as relates to the use of that software.

4.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.

4.5 If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually. However, please note that as per section 1.1, your students are not allowed to use our Services if they are under the age of thirteen (13).

4.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.

4.7 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.

  1. USER CONTENT AND COMMUNICATIONS

5.1 Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.

5.2 We do not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

5.3 You acknowledge that we have no obligation to review or screen any User Content, and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.

5.4 Some User Content may be marked as “featured” (or marked with other similar language) when it is provided on or through our Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by us.

5.5 We reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Artbeats, you, or others.

5.6 We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.

5.7 You acknowledge that you are in the best position to know if Your User Content may be used in connection with our Services. You are solely responsible for ensuring that Your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.

5.8 By submitting, posting, publishing or otherwise providing any User Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.

5.9 Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.

5.10 We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.

  1. OPEN ACCESS IMAGES

6.1 We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights).

6.2 When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.

6.3 To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.

6.4 You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.

  1. MARKETPLACE

7.1 Our Services include an online marketplace where Users may browse, buy, list, market, offer for sale, and sell artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.

7.2 Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, offer or sell property on or through our Services. Sellers may need to complete an additional registration process.

7.3 Our Conditions of Sale contain important information and additional terms and conditions that apply to our marketplace and its Users. It is your responsibility to read them carefully before buying, inquiring about, listing, marketing, offering or selling any property on or through our Services. Our Conditions of Sale are incorporated into and considered part of these Terms.

7.4 As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline). We do not transfer, and are not responsible for transferring legal ownership or physical possession of property from the owner or possessor to the buyer.

7.5 We may facilitate communication or payment between buyers, prospective buyers and sellers in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any buyer, prospective buyer or seller for any purpose unless we otherwise specified it in an agreement with a buyer, prospective buyer or seller. Our involvement in any sale transaction is limited to providing this marketplace, and, in some cases, accepting payment from the buyer on behalf of the seller in connection with the sale of some property unless we otherwise specified it in an agreement with a buyer, prospective buyer or seller.

7.6 We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer or seller. We make no representations or warranties that any buyer, prospective buyer or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).

7.7 We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users’ listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, etc.

7.8 No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.

7.9 We reserve the right, at any time and at our sole discretion, to refuse to list, de-list, delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.

  1. GENERAL RESTRICTIONS

8.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to): submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;

  • create a false or misleading Artbeats account or User profile with inaccurate or untrue information;
  • use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
  • use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
  • collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
  • access our Services by any means other than the interface and instructions that we provide;
  • access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
  • breach, disable or circumvent any security or authentication measures on or in connection with our Services;
  • interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
  • decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
  • adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
  • use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
  • mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
  • use any meta-tags or other hidden text or metadata containing any Artbeats trademark, service mark, product name, or URL without our express prior written permission;
  • use any Artbeats trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
  • use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Artbeats trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
  • remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

8.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

  1. OTHER WEBSITES AND SERVICES

9.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

9.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

9.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

9.4 You acknowledge and agree that the Artbeats Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

9.5 Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.

9.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

  1. DISCLAIMER OF WARRANTIES

10.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARTBEATS AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “ARTBEATS PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE ARTBEATS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Artbeats Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.

10.3 No advice or information (whether oral or written) obtained from the Artbeats Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

  1. GENERAL RELEASE

11.1 We may provide rules for using our Services, but the Artbeats Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.

1.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE ARTBEATS PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR 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 ENTERING INTO THIS RELEASE.

  1. LIMITATION OF LIABILITY

12.1 UNDER NO CIRCUMSTANCES WILL ANY OF THE ARTBEATS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON- PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.

12.2 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTION 13.1 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE ARTBEATS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTION 13.1 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE ARTBEATS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. INDEMNIFICATION

13.1 You agree to indemnify, defend, and hold harmless Artbeats and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

13.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

  1. CHOICE OF LAW AND DISPUTE RESOLUTION

14.1 This Terms and Condition of Use is subject to the laws of the Province of Quebec. The parties hereto hereby elect domicile in the judicial district of Montreal without regard to your jurisdiction of residence. You agree that any disagreement or dispute you have against us or arising out of or related to these Terms or our Services or arising out of its interpretation or application will be settled definitively by arbitration and excluding the courts, according to the laws of Quebec. Unless the parties decide otherwise in an arbitration agreement, the arbitration shall be conducted under the aegis of an arbitrator alone and shall be conducted in accordance with the rule of law and the provisions of the Code of Civil Procedure, RLRQ, c. C-25.01, in force at the time of the dispute. The arbitration award shall be final, binding and without appeal. You expressly waive any objection as to inconvenient forum.

14.2 You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be led within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.

14.3 The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us.

14.4 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.

  1. INTERNATIONAL USE

15.1 Our Services are based in Canada and we do not represent or warrant that our Services will be appropriate or available for use outside the Canada.

15.2 If you are located outside Canada, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

15.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from Canada.

  1. CHANGES TO OUR SERVICES

16.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

16.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

  1. CHANGES TO THESE TERMS

17.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

17.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be speci[ed in the updated Terms.

17.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

17.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

17.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

17.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

17.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

  1. TERMINATION

18.1 You may stop using our Services at any time, unless you have any other agreements between you and us which are binding you to comply with other terms of termination.

18.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.

18.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 7 (Marketplace), 10 (Other Websites and Services), 11 (Disclaimer of Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemni[cation), 15 (Choice of Law and Dispute Resolution), 16 (International Use), 17 (Changes to our Services), 18 (Changes to these Terms), 19 (Termination), and 23 (Miscellaneous).

  1. COPYRIGHT POLICY

19.1 We respect the intellectual property rights of others. We expect Users to do the same. In accordance with the Copyright Act, RSC 1985, c C-42, we will respond to notices of claimed copyright infringement that are properly provided to our Administrator, whose contact information is listed below.

19.2 We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.

19.3 If you believe that Content on our Services has been used in a way that constitutes copyright infringement, please provide our Administrator with a written notice containing all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Services;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

19.4 If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing, or that the use of such Content is authorized by the copyright owner, the copyright owner’s agent, or the law, you may provide our Administrator with a written counter-notice containing all of the following information (“Counter-Notice”):

  • Your physical or electronic signature;
  • Identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on our Services before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidenti[cation of the Content; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Montreal for the judicial district and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.

19.5 Our Administrator designated to receive your Copyright Notice and Counter-Notices may be contacted as follows:

By postal mail: Artbeats Attn: Administrator, 2135 Sherbrooke East , Montreal, Quebec, Canada, H2K 1C2

By email: antoineveilleux@artbeats.io

By phone: +1 (514) 885-9998

19.6 You acknowledge that your Copyright Notice or Counter-Notice may not be valid if it is not addressed to our Administrator or it does not provide substantially all of the information specified above. To help us receive your Copyright Notice or Counter-Notice in a timely manner, please send it by email if possible.

19.7 If you provide us with a Copyright Notice, you agree that we may send a copy of it (including your name and contact information) to the provider of the disputed Content.

19.8 Please note that the procedure described above in this section is intended to comply with our rights and obligations under the Copyright Act, RSC 1985, c C-42, but does not constitute legal advice. Under federal law, if you knowingly misrepresent online material, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. If you are not sure whether you are (or are authorized to act on behalf of ) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the Copyright Act, RSC 1985, c C-42 and any other applicable laws. While we cannot offer you legal advice, more information about the Copyright Act, RSC 1985, c C-42 is available at the Government of Canada website.

  1. JOB LISTINGS

20.1 We may post information and listings on our Services or on third-party social media services describing careers with Artbeats, internships, or positions for which we are or may be hiring.

20.2 Please note that such information and listings are for general informational use only, may be changed by us at any time without notice, and are not an offer of employment or any other offer or warranty by us.

20.3 Please note that if you would like to apply to an open position posted on our site, you will be referred to a third party site in order to submit your application.

  1. PROMOTIONS

21.1 We may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.

21.2 Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions (“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.

  1. MISCELLANEOUS

22.1 These Terms, including our Privacy Policy, Conditions of Sale, and Service Terms, other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.

22.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

22.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an Artbeats representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

22.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

22.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

22.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

22.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

  1. HOW TO CONTACT US

23.1 If you have questions about these Terms or our Services, please use the ”contact box” bellow or email us at: antoineveilleux@artbeats.io

23.2 Artbeats is located at: 2135 Sherbrooke East, Montreal, Quebec, Canada H2K1C2

  1. EFFECTIVE DATE

These Terms are effective July 31, 2019.