Artyii is about learning and sharing Asian art. We encourage you to be highly involved in every aspect of Artyii; showcase art, give feedback, comments, submit articles, participate in art competitions or simply be our eyes and tell us of new stuff you think we can include!
We value and respect original works. The user agreement below sets forth our rules on copyright and it is important that you read and understand them. Using Artyii means you accept this agreement. If you do not agree with its terms, do not use this site.
All visitors ("user", "you", "your") to Artyii website at www.artyii.com ("the website") are entering a binding legal agreement on the following terms (the "agreement") when using the website. The agreement is between the user and Artyii Private Limited, company Registration number: 200922680H ("Artyii", "we", "us", "our") and use of this website indicates acceptance of this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Artyii or by displaying information about the changes on our home page, or both. Either way, your continuing use of the Artyii website will be taken to be acceptance of the new terms.
Artyii provides a range of services (the "Artyii service") including but not limited to, enabling you to publish, sell, discuss and purchase original art ("art"); interact with other members; and receive the benefits of Artyii product fulfilment service including payment processing, transaction handling, memorabilia manufacturing ("memorabilia") and customer service. Sales of art and memorabilia are primary products sold by Artyii ("products").
The digital content on the website ("content") may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users.
Any content that you upload into the portfolio section of your account is described as your "art". Your art may be viewed by all users of the website once you elect to publish it. If you or a customer decides to buy your art, Artyii will inform you at your registered contact number and email and you will undertake the responsibility to deliver the art to Artyii.
A user can become a registered member ("member") of the website by setting up a password protected account. You must become a member before placing any content on the website, including writing any comments in forums or reviews. Artyii reserves the right to refuse any user name that it decides at its sole discretion is inappropriate. Artyii reserves the right to refuse any person that it decides at its sole discretion from becoming member.
You keep the copyright of any content you submit or upload to the website.
In order to receive the Artyii services you grant Artyii the license to archive the content in accordance with or as reasonably contemplated by this agreement. Artyii will seek permission from you to reproduce your content on memorabilia items.
When you submit or upload content on the Artyii website you represent and warrant that:
Artyii will have the exclusive rights to the content you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Artyii to use and sub-license the content in accordance with this agreement;
you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions
Artyii reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.
Any member may offer their art for sale on the website by appointing Artyii as their agent on the terms set out in the Agency Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Agency Agreement in Appendix A, which will apply from the date on which you offer your first art for sale.
Paying you after your art is sold
Payment terms are explained in the Agency Agreement
Purchasing Products at Artyii
Users can purchase products on the Artyii website using a valid credit card or via the PayPal system.
You do not have to be a member to purchase any product on Artyii.
The price you pay is fixed at the time of ordering.
It is the customer's responsibility to ensure the delivery address is correct. Artyii takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
You may not cancel an order once it has been submitted.
Artyii may cancel orders
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.
We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.
We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.
All requests for refunds should be made within three days of receiving the product.
A full refund policy is valid only in conditions of:
Damaged product while in-transit
Incorrect product delivered
Product specifications were misrepresented
Contact us at email@example.com
and we will return a call or email within one Singapore working day. Once return is verified and confirmed, you are required to ship the product back to us in its original packaging. Upon receipt of the returned product, Artyii will process the refunds into your account.
For causes of refunds not due to conditions above, (i.e. changed your mind about the product) Artyii will deduct delivery charges from refund values. Refunds would be in the form of gift certificates.
Delivery will be made by our designated courier and will be paid for by the customer at the price indicated at time of purchase. All prices are set forth in the Buyer's Guide.
Artyii does not manually screen all content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website.
You can do this by clicking the "Report abuse" link that will be displayed below each piece of art.
All intellectual property rights in this website and the Artyii service (including the software and systems underlying the Artyii service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Singapore Copyright Act 1987 (Cap 63) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:
use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialize any information, products or services obtained from any part of this website, without our explicit written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the Artyii service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Artyii service or these websites will be uninterrupted.
You acknowledge that the Artyii service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any members' uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
- if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
(i) your breach of this agreement;
(ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
(iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
This agreement is governed by the laws in force in Singapore. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You may close your account at any time by contacting us at firstname.lastname@example.org
. Once your account is closed, we will send an email notifying you of the change.
All visitors ("user", "you", "your") to Artyii website at www.artyii.com ("the website") are entering a binding legal agreement on the following terms (the "agreement") when using the website. You appoint Artyii Private Limited, company registration number: 200922680H ("Artyii", "we", "us", "our") as your exclusive agent to market and sell your art and manufacture and deliver a physical product ("your product") once an order has been made through www.artyii.com. Artyii accepts the appointment as agent, on the terms set out in this Agency Agreement.
1. Agency Appointment
1.1 You appoint Artyii as your agent to market and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products ("appointment") and we accept the appointment and will carry it out with regard to your interests.
1.2 The appointment is valid from the date of this Agency Agreement until termination in accordance with its terms.
1.3 You agree that Artyii is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
2.1 For the duration of the appointment, you grant Artyii an exclusive royalty free license to use your intellectual property for the purpose of marketing your product. Artyii will seek license permission from you to reproduce your content on memorabilia.
3. Sale of your products
3.1 The retail price of art charged to customers is made up of the base price (determined by you), Artyii's margin of 20%, delivery charges, framing charges and taxes where relevant.
3.2 The retail price of memorabilia charged to customers is made up of the cost price, your royalties of 5%, delivery charges and taxes where relevant.
3.3 You may change the base price at any time by contacting us. The product retail price will not change on an individual sale after a customer has submitted an order to the website.
3.4 Artyii will send you an email or call you at your registered email address and contact number after an order has been placed for your products.
3.5 You agree that Artyii makes no representation that it will be able to procure an order for your products at the retail price or at all, nor that you will obtain any benefit by making the appointment and entering into this Agency Agreement.
4. Payment terms
4.1 You authorize Artyii to collect, hold and distribute the retail price ("sale proceeds") from customers on the terms set out in this clause 4.
4.2 You authorize Artyii to deduct the Artyii margin, delivery and framing charges from the sales proceeds for your art before distributing your margin, and tax where relevant, to you.
4.3 We will post you a cheque or initiate a PayPal deposit before the 7th day of the month for sales made in the previous month.
4.4 If you have earned less than 100 United States of America Dollars (hereafter 'US$') during the month, Artyii reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least US$100.
4.5 Despite clauses 4.5, you may request payment at any time for the full amount in your account and a US$5 administration fee will apply. Artyii will pay this amount to you within 7 days of your request.
4.6 Artyii will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure Artyii has current details of your postal address and bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Artyii of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.
5. Taxation responsibility
5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agency Agreement.
6.1 You hereby indemnify and will keep Artyii indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Agency Agreement or arising out of your wilful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Agency Agreement.
7. Limitation of liability
7.1 In no case will Artyii be liable for any consequential loss or damage suffered by you arising from the appointment from this Agency Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8. Terminating this agency agreement
8.1 You can give notice of termination of this Agency Agreement by closing your account in the method described in the User Agreement.
8.2 Artyii may give notice of termination of this Agency Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Agency Agreement. Termination of this Agency Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Agency Agreement by either party, Artyii will pay you any accrued member margin proceeds from your account, less a US$5 administration fee.