The following is the Web site service agreement (the "Agreement") under which you (the "User") may use the services provided on the Art-Mesh (the "Company") Web site (the "Web Site" - https://art-mesh.com). Unless explicitly specified, the term "User" refers to both types of users: artists and art lovers. To denote the artist account the term The Artist will be explicitly used. To denote the art-lover account the term The Art Lover will be explicitly used. Please read this page carefully. Using the services provided by the Company through the Web Site, you accept and agree to be bound, without modification, limitation or qualification to the Agreement. The Company may, at its sole discretion, modify or revise the Agreement at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Agreement.
1. Subject of the Agreement
1.1 The subject of the Agreement is provision the following services to the User by the Company:
1.1.1 Providing opportunities to discuss and rate artworks and articles published on the Web Site.
1.1.2 For Artist - providing opportunity to publish artworks on the Web Site in accordance with the Rules of Publishing Artworks.
1.1.3 Providing escrow services in accordance with the Rules of Selling Artworks.
2. Entry of the Agreement into Force
2.1 The User accepts (expresses the acceptance of) the terms of the Agreement at the time of the User's registration on the Web Site.
3. Price and Payment Procedure
3.1 The User can publish the information about themselves free of charge.
3.2 The Artist can publish in addition their artworks free of charge.
3.3 The Company charges a fee for the transactions made by the User with the assistance of the Company, as well as for some paid services. The order of transactions and provision of paid services is governed by the Rules of Selling Artworks.
3.4 Amount of commission as well as the order of payment are determined by the Rules of Selling Artworks.
4. Rights and Obligations of the Parties
4.1 User Rights
4.1.1 The User can publish the information about themselves on the Web-Site. The Artist in addition can publish their artworks on the Web Site.
4.1.2 The User can publish the articles about artworks on the Web Site.
4.1.3 To discuss and rate the artworks published on the Web Site.
4.1.4 To abandon the use of services under the Agreement at any time in the absence of financial indebtedness to the Company notifying the Company via e-mail.
4.2 User Responsibilities
4.2.2 To provide the accurate contact information (full name, country and city of residence, e-mail address) for communication by filling in the registration form.
4.3 Company Rights
4.3.1 To implement moderation on the Web Site at its sole discretion.
4.3.2 To edit and / or delete any information of the User from the Web Site if it is contrary to the Agreement and the laws of the country of Switzerland, or if it is contrary to the laws of country of residence of the User.
4.3.3 If the Company becomes aware of the violation of the Agreement by the User, the Company may suspend the User's access to various Web Site services, reduce the rating of the Artist, refuse to provide services to the User, restrict User's access on the Web Site.
4.3.4 If the User has been inactive on the Web Site for a long time, their account may be blocked or deleted by the Company.
4.3.5 To set, cancel or change fees for the provided services.
4.3.6 To determine the rating for each Artist and Art-lover on the Web Site.
4.4 Company Responsibilities
4.4.1 To provide the Artist with the opportunity to publish information about themselves and their artworks on the Web Site.
4.4.2 To assist in the subsequent artworks selling in accordance with the Rules of Selling Artworks.
4.4.3 To provide the User with the opportunity to discuss and rate artworks published on the Web Site.
4.4.4 To inform the User of setting, cancelling or changing fees for the provided services by changing the Agreement.
4.4.5 To provide the User with the information about the status and the progress of the orders made via the Web Site.
5. Liability and Limitation of Liability
5.1 The parties bear responsibility for any failure to perform or improper performance of their obligations under the Agreement in accordance with the laws of the country of Switzerland.
5.2 Any liability of the Company to the User is also subject to the Terms and Conditions of the Web Site usage..
5.3 The Artist is responsible for the accuracy of the published information about their artworks and for its compliance with the laws of the country of Switzerland and the country of their permanent residence.
6. Rules of Using of the Web Site
6.1. The User is Forbidden
6.1.1 To register multiple accounts.
6.1.2 To register User name and use avatars violating generally accepted moral and ethical standards, containing advertising, similar to those already existing to the extent of mixing.
6.1.3 To offend users of the Web Site in any form.
6.1.4 To publish links to Web sites, advertising texts, messages of a commercial nature, images containing advertising, trademarks, logos, contact information in any public area of the Web Site.
6.1.5 To publish any information violating the exclusive intellectual property rights of other users or third parties.
6.1.6 To use for communication any language other than English, French or Russian, transliteration, pseudographics, to write in capital letters and to use too many emoticons and quotations.
6.1.7 To publish posts that are entirely or mostly italicized, bolded, underlined or shown in other than standard messages color, font or font size.
6.1.8 To publish non-informative threads and posts, to provoke debates, or to focus on the details minor to the issue under discussion.
6.1.9 To duplicate topics and posts.
6.1.10 To quote personal correspondence.
6.1.11 To publicly discuss the rules, action (or "inaction") of the moderator.
7. Rules of Publishing Artworks
7.1 The Artist can publish on the Web Site the unlimited number of artworks.
7.2 Only high-quality JPEG images are accepted for publishing on the Web Site:
- the image size should be at least 700 pixels on any side;
- the image resolution should be at least 96 ppi;
- the image should be sharp and should not contain compression artifacts;
- the image of a painting should not contain background outside the painting, it should be properly cut off on the edges;
- the image should not contain any inscriptions or other elements added by camera and software;
7.3 Artist biography and artwork descriptions shall be written in a grammatically correct Russian, English or French.
7.4 The Artist will participate in rating once at least 3 artworks are submitted.
7.5 The Artist can modify at any time the information displayed on their profile, or the information about their artworks.
7.6 The Company accepts artists and artworks for the Web Site at its sole discretion. If the placement of information on a new artist is rejected, the Company gives the User an appropriate notice by email.
7.7 It is recommended to place images of paintings without frames.
7.8 The Artist personally sets prices for the artworks and places the information on them on the Web Site.
7.9 Prices set by the Artist shall include the cost of the Company's services.
7.10 The Artist should set prices in Swiss Francs (CHF).
7.11 On the Web Site prices are displayed in Swiss Francs (CHF).
7.12 Artwork prices shall not include delivery costs, but it may include other extra costs such as export certificate and packaging. The delivery costs are paid by the buyer separately.
7.13 If an artwork for sale is framed, the Artist shall note it in the description while submitting the information on the Web Site. At that the framing cost shall be included into the artwork price.
7.14 Artworks for which the Web Site does not provide the appropriate section (e.g. digital graphics, work performed using computer technology, collage, etc.) are not accepted for publishing on the Web Site.
8. Rules of Selling Artworks
8.1 The buyer selects the artwork they wish to buy and provides the payment including the delivery fees from the country of the Artist to the country of the buyer.
8.2 The buyer provides the payment using one of the payment methods supported by the Web-site. The company confirms the payment receipt. Processing time of the payment received can vary depending on the payment method..
8.2 The Company informs the Artist - the author of the artwork - about the artwork order via e-mail. The Artist is notified by the Company via e-mail that payment for the artwork has been received and is currently blocked on the Company's account.
8.4 The Company arranges the delivery service for the artist.
8.5 The representative of the delivery company - such as FedEx or UPS - arrives to the Artist to collect the artwork designated for shipping.
8.6 The whole process of packaging and collecting of the artwork is recorded by the Artist. The photos of the artwork with the representative of the shipping service are also to be made by the Artist.
8.7 The Artist immediately notifies the Company about the collection of the artwork by the shipping service.
8.8 The Company provides both the Artist and the buyer with the shipping service unique identification number. This number will allow tracking the shipment progress.
8.9 Once the artwork is delivered to the buyer, the Artist is notified by e-mail.
8.9 The buyer has 7 (seven) days for an inspection of the artwork. During these days the buyer either accepts the artwork or decides to return it to the Artist.
8.10 If the buyer decides to refuse the artwork, they should send it back to the Artist, but not later than 7th (seventh) day starting from the delivery of the artwork.
8.11 If the buyer decides to refuse the artwork, the cost of the return shipment is payed by the buyer.
8.12 If the buyer accepts the artwork, they should notify the company via e-mail.
8.13 If the buyer fails to notify the Company about either reception or refusal of the artwork during the 7 (seven) days starting from the delivery day, the Company considers the artwork as being accepted.
8.14 Once the artwork is accepted by the buyer, the Company pays the Artist the price of the artwork, but retains the Company's commission.
8.15 The Company pays the Artist via a wire transfer.
8.16 The transaction is completed.
9. Final Provisions
9.1 In the event of any disagreement arising under the Agreement, the parties undertake to resolve them through negotiations.
9.2 If any disputes, controversies or claims arising under the Agreement or in connection therewith, including the execution, breach, termination or invalidity thereof, shall not be solved in accordance with the paragraph 9.1 of the Agreement, the case shall be reviewed in court in accordance with the existing laws of the country of Switzerland.
9.3 The Company has the right to amend the Agreement at any time by posting of its new version on the Web Site and notifying the User.
9.4 In case of disagreement with a new Agreement version the User may unilaterally refuse to follow it in the absence of financial indebtedness to the Company notifying the Company via e-mail. All information published by the User on the the Web Site shall be immediately removed, and the User registration shall be immediately canceled.
9.5 The User continuing to use the services of the Company shall be automatically deemed to have agreed to a new version of the Agreement.