AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Global site usage terms and conditions

Last Updated Date: July 1, 2021

WelcomeArtist Social Technologies Limited or hereby also referred to as “WelcomeArtist.com,” “we“, “WelcomeArtist”, “WELCOMEARTIST”,“service(s)”, “service”, “us” or “our” ( defined in context to only this document and not the ones linked or referenced herein where mentioned terms might be defined in a different way as explained in those specific texts or documents dictating and defining their usage) provides an online marketplace service (the “Service“, collectively the “Services“) through our website, accessible at www.WelcomeArtist.com (the “Site“).We are NOT Art dealers or an auction house. Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at https://www.WelcomeArtist.com/privacy-policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and WelcomeArtist.com (Unless otherwise specified in the section linked or referenced in this document).

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

  1. Modification

WelcomeArtist.com reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

  1. Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

  1. Account Registration

In order to make a purchase through the Site, (other than users who utilize the guest checkout option), you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WelcomeArtist.com reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify WelcomeArtist.com of any unauthorized use of your Account.

  1. Privacy

Please refer to WelcomeArtist.com Privacy Policy at www.WelcomeArtist.cm/privacy-policy for information and notices concerning WelcomeArtist.com collection and use of your personal information.

  1.  Purchaser Terms and Conditions

5.1 Purchases of Original Works of Art

You are bound by our BUYERS TERMS AND CONDITIONS. By agreeing to agree with these terms, you also agree to be bound by the BUYERS TERMS AND CONDITIONS.

5.2 Purchases of Printed Works

You are bound by our BUYERS TERMS AND CONDITIONS. By agreeing to agree with these terms, you also agree to be bound by the BUYERS TERMS AND CONDITIONS.

5.3 Order Cancellations

WelcomeArtist.com reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if WelcomeArtist.com determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If WelcomeArtist.com cancels an order placed via the Site and Services, WelcomeArtist.com will send you an email confirmation of such cancellation and you will not be charged for your order.

We also reserve the right to not accept an order if it is marked as fraudulent or is marked as such by our automated anti-fraud systems or by manual intervention. In such a case, we might ask more information in order to determine the authenticity of the order. Documents required to verify might include photo ID and other similar means as decided at our sole discretion.

5.4 Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in Euros and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“).

If you are a purchaser of Original Works and/or Printed Works, you acknowledge that taxes will be added to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

5.5 Color

You understand and agree that WelcomeArtist.com uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works as accurately as possible via the Site and Services.

However, because individual computer monitors may display colors differently, WelcomeArtist.com or it’s suppliers are not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.

  1. General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site, WelcomeArtist name, any WelcomeArtist Social Technologies Limited’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WelcomeArtist.com’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, WelcomeArtist.com computer systems, or the technical delivery systems of WelcomeArtist.com providers;
  • Attempt to probe, scan or test the vulnerability of any WelcomeArtist.com system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WelcomeArtist.com or any of WelcomeArtist.com providers or any other third party (including another user) to protect the Site, Services, WelcomeArtist.com Content or Member Content;
  • Attempt to access or search the Site, Services, WelcomeArtist.com Content or Member Content or download WelcomeArtist.com Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WelcomeArtist.com or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a WelcomeArtist.com trademark, logo URL or product name without WelcomeArtist.com express written consent;
  • Use the Site, Services, WelcomeArtist.com Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, WelcomeArtist.com Content or Member Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, WelcomeArtist.com Content or Member Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.
  • Abusing special discounts, awards or incentives offered by WelcomeArtist.com. Unless otherwise specified, only one offer is value per person, maximum two per household.

WelcomeArtist.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WelcomeArtist.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WelcomeArtist.com has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WelcomeArtist.com reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, WelcomeArtist.com Content or any other text, graphics, images, software, music, audio, video, information or other content or material that WelcomeArtist.com, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

  1. Sweepstakes and Contests

WelcomeArtist.com may operate sweepstakes, contests and similar promotions (collectively, “Promotions“) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate through the Site and Services, as they may contain additional important information about WelcomeArtist.com rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

  1. Ownership

The Site, Services and WelcomeArtist.com Content are protected by trademark and other laws of the EU and foreign countries. Except as expressly provided in these Terms, WelcomeArtist.com and its licensors exclusively own all right, title and interest in and to the Site, Services and WelcomeArtist.com Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or WelcomeArtist.com Content.

  1. Copyright Policy

WelcomeArtist.com respects copyright law and expects its users to do the same. It is WelcomeArtist.com policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see WelcomeArtist.com Copyright Policy at https://www.WelcomeArtist.com/content-policy for further information.

  1. Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that WelcomeArtist.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WelcomeArtist.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  1. Termination and Account Cancellation

If you breach any of these Terms, WelcomeArtist.com will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. WelcomeArtist.com reserves the right to revoke your access to and use of the Site, Services, WelcomeArtist.com Content and Member Content at any time, with or without cause. In the event WelcomeArtist.com terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@WelcomeArtist.com or follow the procedures for account closure as outlined in the privacy policy or FAQ section.

  1. Disclaimers

THE SITE, SERVICES, WelcomeArtist Social Technologies Limited, WelcomeArtist.com CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WelcomeArtist Social Technologies Limited EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WelcomeArtist Social Technologies Limited MAKES NO WARRANTY THAT THE SITE, SERVICES, WelcomeArtist.com CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WelcomeArtist Social Technologies Limited MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WelcomeArtist.com OR WelcomeArtist Social Technologies Limited OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WelcomeArtist Social Technologies Limited DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES WelcomeArtist Social Technologies Limited MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. WelcomeArtist Social Technologies Limited MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

  1. Indemnity

You agree to defend, indemnify, and hold WelcomeArtist Social Technologies Limited, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, WelcomeArtist.com Content or Member Content, or your violation of these Terms.

  1. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, WelcomeArtist.com Content and Member Content remains with you. Neither WelcomeArtist.com, WelcomeArtist Social Technologies Limited, nor any other party involved in creating, producing, or delivering the Site, Services, WelcomeArtist.com Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, WelcomeArtist.com Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WelcomeArtist.com (WelcomeArtist Social Technologies Limited) has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will WelcomeArtist.com aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, WelcomeArtist.com Content or Member Content exceed:

(i) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to WelcomeArtist.com for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between WelcomeArtist.com and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

  1. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of WelcomeArtist Social Technologies Limited used herein are trademarks or registered trademarks of WelcomeArtist Social Technologies Limited. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  1. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Republic of Ireland without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Republic of Ireland and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

WelcomeArtist Social Technologies Limited
Company number 698096
Ireland

Our registered office address is :

69 ESKER WOOD DRIVE
Lucan
DUBLIN
Ireland
K78 PX45

  1. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between WelcomeArtist Social Technologies Limited and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between WelcomeArtist Social Technologies Limited and you regarding the Site and Services.

The total agreement consists of the aggregate of

  1. The global site usage terms and conditions ie. this page.
  2. Our privacy policy which includes our cookie policy
  3. Our content and Copyright policy
  4. Our Delivery, returns and refund policy
  5. Any other terms which maybe added in the future in the terms and condition page
  6. Buyer terms and conditions
  7. Dispute resolution policy

  1. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without WelcomeArtist Social Technologies Limited’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WelcomeArtist.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by WelcomeArtist Social Technologies Limited via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  1. General

The failure of WelcomeArtist Social Technologies Limited to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WelcomeArtist Social Technologies Limited. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1. Other:

WelcomeArtist.com and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. WelcomeArtist.com has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, WelcomeArtist.com will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will WelcomeArtist.com or its suppliers be held liable for any damages due to such interruptions or lack of availability.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). You may submit Feedback by emailing us at support@WelcomeArtist.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of WelcomeArtist.com and you hereby irrevocably assign to WelcomeArtist.com and agree to irrevocably assign to WelcomeArtist.com all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At WelcomeArtist.com request and expense, you will execute documents and take such further acts as WelcomeArtist.com may reasonably request to assist WelcomeArtist.com to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

  1. Contacting WelcomeArtist Social Technologies Limited

If you have any questions about these Terms, please contact WelcomeArtist.com at Support@WelcomeArtist.com.