Terms & Conditions

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Justart

Justart is about celebrating and promoting Art.
It is essential all Justart users respect the intellectual property rights of others, including copyright and trademarks.
You must only upload content you have created yourself and have permission to use and authorize others to use.
If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Justart.
Respecting other people’s intellectual property is an essential principle of Justart’s community.
Displaying your work on Justart puts it out there for the world to see.
You need to be aware that publishing your work in this way attracts legal responsibilities.
It is up to you to make sure you are not breaking any laws by publishing your work through Justart.

Amendment to this agreement

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 Justart or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
The digital content on the website (“your 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.
You may order a physical product based on your own art or you may offer your art for sale as part of the sale of a physical product.

Membership

You can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. In its sole discretion, Justart may refuse any user name that it decides is inappropriate and / or refuse any person from becoming a member.
Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the website or in the course of delivering the Justart service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.
Three kind of membership are available:

Shopping Account

The Shopping account is free and allow you to buy art from Justart.club

Artist Account

The Artist account allow you to upload your art on justart.club and sell it online. It costs 10 Euro per year.

ArtMalta on Tour

The ArtMalta on Tour account add the ArtMalta on Tour membership to the benefits covered by the Artist account. It costs 100 Euro per year.
The Artists account and the ArtMalta on Tour account are subject to the Justart T&Cs for all that concerns the publishing of art online, the selling process and the commissions’ payments.

Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Putting content on the Justart site

You keep the copyright in any content you submit or upload to the website. In order to receive the Justart services you grant Justart a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and warrant that:
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 all of the rights required to display, reproduce and sell the content;
the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
your use of the website will comply with all applicable law, rules and regulations;
the 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;
the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Justart reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Justart in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

Offering your art for sale on a physical product

Any member may offer their art for sale on a physical product on the website by appointing Justart to facilitate the transaction on the terms set out in the Services Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement in Appendix A, which will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.

Purchasing a Product on Justart

Users can purchase products on the Justart website using a valid credit card or the PayPal system.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customer’s responsibility to ensure the product delivery address is correct.
Justart takes no responsibility for any product or delivery; all responsibility are on the artists that is selling through Justart.
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.
You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.
You authorize us to 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.

Delivery

Delivery is sole responsibility of the artist selling through Justart.

Damaged Goods

The good state of the purchased art is sole responsibility of the artist selling through Justart.
If you receive a damaged product, then you must contact the seller artist and email Justart within 14 days of receipt.
Please be aware that publishing to the website is creator-controlled and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product.

Reporting inappropriate content to Justart

Justart does not manually screen 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. Justart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
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 “Inappropriate Content” link that will be displayed beside each piece of art. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by using the processes described in our policy here

Specific warnings

You must ensure that your access to this website and the Justart service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the Justart service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the Justart service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Justart service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

By submitting listings to Justart, you grant Justart a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Justart’s (and its successors’ and affiliates’) services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Justart site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Justart site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Justart site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Justart service (including the software and systems underlying the Justart 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 relevant Copyright and Trade Mark legislation throughout the world, 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 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 trade marks; 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).

Linked websites

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.

Disclaimer

We do not represent or guarantee that the Justart 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 Justart service or these websites will be uninterrupted.
You acknowledge that the Justart 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.

Indemnity

You agree to indemnify, defend and hold us, as well as, all third parties involved, 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:
your breach of any clause of this agreement;
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
your activities in connection with the website.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Dispute Resolution

If you have a dispute with one or more users or sellers, you release Justart (and Justart’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.

ArtMalta on Tour

ArtMalta on Tour is an organization independent from Justart and by creating a ArtMalta on Tour account you are activating a separate agreement with ArtMalta.

APPENDIX A – Services Agreement

You wish to use Justart’s services to facilitate marketing and sale of your art on a physical product and to arrange for manufacture of the physical product (“your product”) once an order has been made through www.Justart.com (“the website”). Justart will provide these services on the terms set out in this Services Agreement.

1. Services
1.1 Justart, acting as independent contractor under your instructions will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you, Justart will arrange for third parties to fulfil those orders by facilitating payment for and manufacture of your products (“Services”).
1.2 Justart will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Justart 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. License and standing instructions
2.1 You grant Justart a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct Justart to facilitate the sale of your product which includes its payment, in respect of the orders placed by the customers via the website and Justart will facilitate such payment, in accordance with reasonable business practices.
3. Sale of your products
3.1 The retail price charged to customers who purchase your product is established by you and includes our fees and costs, taxes and delivery.
3.2 Justart will charge a commission of Euro 2 + 10% of the retail price on any sale.
3.3 Justart will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.
3.4 You agree that Justart makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
3.5 Your are the sole responsible of the delivery of the product in good condition and as it is described on the website.
4. Payment terms
4.1 You authorize Justart 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 Justart to deduct the base amount (which includes Justart’s margin for facilitation services, including tax where applicable and paypal fees) from the sales proceeds for your products before distributing your margin (which will include tax where applicable).
4.3 We will pay your margin on request through paypal.
4.4 You may at any time request that we pay you the full amount in your account. The minimum amount you can withdraw is Euro 100.
4.5 It is your responsibility to ensure Justart has your current Paypal payment details.
5. Taxation responsibility
5.1 Each party is responsible for their own taxes.
5.2 Justart will not collect or pay taxes on your behalf as Justart is merely acting as an agent in facilitating the sale of your product to the customers.
5.3 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
6. Indemnity
6.1 You hereby indemnify and will keep Justart 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 Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
7. Limitation of liability
7.1 In no case will Justart be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8. Terminating this agreement
8.1 Justart may give notice of termination of this Services Agreement to you in writing at any time.