iBuyArt

1. Definitions

Artwork means an original work of art listed by the Artist on the Platform. Client means a renter or buyer introduced by or through the Platform. Sale means a completed purchase transaction for an Artwork facilitated through the Platform. Rental means a time-limited placement of an Artwork with a Client in exchange for rental fees. Fees means amounts paid by Clients for Sales or Rentals, excluding applicable taxes unless specified.

2. Eligibility and Account Access

The Platform is intended for use by persons and entities located in the United States. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. Access is subject to review and approval by the Platform. We may approve, reject, suspend, or terminate accounts in our discretion.

• You agree to provide accurate, current, and complete information during registration and to keep it updated.
• You are responsible for safeguarding login credentials and for activity under your account.

3. Artist Representations and Warranties

You represent and warrant that for each Artwork you list: (a) you are the creator and sole owner of the Artwork, or you have full authority to offer it for rent and/or sale; (b) the Artwork and any images or descriptions you provide do not infringe or violate any third-party rights; and (c) your listings are truthful and not misleading.

4. Listings, Information Accuracy, and Pricing

You are responsible for maintaining accurate listing information, including title, dimensions, medium, declared value (price), availability, current location, and condition. The declared price is used for valuation, insurance, and rental price calculation. A declared price does not by itself mean the Artwork is offered for sale.

The Platform may edit formatting of listings for consistency, and may remove or de-list any Artwork that violates Platform policies or applicable law.

5. Availability Status, Sale, and Rental Flags

Availability is a physical status indicator (e.g., Available, On Loan, Reserved, Sold). Sale and rental availability are independent flags. You may make an Artwork available for rent only, sale only, both, or neither.

6. Rental Pricing Guideline

As a general guideline, monthly rental pricing is calculated at approximately 1% of the Artwork's declared value. Final rental pricing may vary based on rental duration, installation requirements, logistics, insurance, and Client requirements. The Platform may offer discounts or promotions to Clients; commissions are calculated on amounts actually collected.

7. Commissions

Sales. For each completed Sale, the Platform retains a commission of 25% of the final sale price and the Artist receives 75%.

Rentals. For each Rental, rental fees actually collected from the Client are split 50% to the Platform and 50% to the Artist.

Commissions are calculated only on amounts actually received by the Platform and do not include chargebacks, refunds, or disputed amounts.

8. Payments to Artists

Artist payouts are made after the Platform receives funds from the Client and after applicable deductions (commissions, refunds, chargebacks, and any agreed logistics charges) are applied.

• Payout method: as designated by the Artist (e.g., ACH, check, or other method supported by the Platform).
• The Platform may require completion of a W-9 and other tax documentation prior to payouts.
• If a transaction is cancelled, refunded, or charged back, related payouts may be withheld, reversed, or offset against future payouts.

9. Taxes (United States Only)

All amounts are stated in U.S. dollars unless otherwise indicated. You are responsible for your own federal, state, and local taxes. The Platform may collect required tax forms (including IRS Form W-9) and may issue tax reporting forms as required by law. The Platform may withhold amounts when required by applicable law.

10. Sales Process and Returns

When a Sale occurs, the Platform will provide shipping instructions and the delivery address. Unless otherwise agreed, you must ship the sold Artwork within 7 days of receiving shipping instructions.

• If you do not ship within the required timeframe, the Platform may cancel the Sale.
• The Platform may apply a return policy for Sales. If a Sale is refunded or reversed, related payouts may be adjusted accordingly.

11. Rental Process, Placement, and Return

For Rentals, the Platform coordinates placement with Clients. A Rental may involve delivery to the Client and return shipment to the Artist. You agree to reasonably cooperate with scheduling, access requirements, and documentation of Artwork condition before and after placement.

• Condition reports: The Platform may require photos and condition notes before shipment and upon return.
• Reasonable wear: Minor wear consistent with normal office display may occur; material damage is handled under Section 13.

12. Logistics, Shipping & Handling

You are responsible for professional packaging of the Artwork in accordance with fine art shipping standards and carrier requirements. The Platform may provide shipping labels, preferred carrier options, and instructions based on the information you provide (dimensions, weight, origin).

• Sales shipping costs are typically paid by the buyer (directly or via the Platform checkout).
• Rental logistics (delivery and return) may be included in rental fees or charged separately depending on the rental arrangement.
• If actual weight/dimensions differ materially from what you provided, resulting carrier surcharges may be deducted from Artist payouts where permitted by law.

13. Risk, Damage, and Insurance

Risk of loss or damage during transportation is generally governed by the carrier's terms unless otherwise agreed in writing. The Platform may, but is not obligated to, arrange insurance for shipments or rentals. Any insurance coverage may be conditioned on proper packaging and accurate declarations.

• You must promptly notify the Platform of any damage, loss, or theft and provide supporting documentation.
• If damage is caused or worsened by improper packaging, the Artist may be responsible for resulting losses and uncovered claims.

14. Intellectual Property and Marketing License

You retain all right, title, and interest in the Artwork and associated copyrights. You grant the Platform a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute images and descriptions of the Artwork for Platform operations, marketing, and promotion, including on third-party channels.

This license continues for as long as the Artwork is listed on the Platform and for a reasonable period thereafter for archival, transaction recordkeeping, and marketing materials already in circulation.

15. Exclusivity and Pricing Consistency

This Agreement is non-exclusive unless otherwise agreed in writing. However, you agree not to circumvent the Platform by completing a transaction off-platform with a Client introduced through the Platform.

• If a Client is introduced through the Platform, any sale or rental of the Artwork (or a substantially similar work) to that Client must be processed through the Platform for 24 months from first contact.

16. Prohibited Content and Conduct

You agree not to list content that is unlawful, infringing, fraudulent, or materially misleading, or that violates the rights of others. The Platform may remove listings or content at any time to maintain platform integrity and compliance.

17. Termination

Either party may terminate this Agreement upon notice. The Platform may suspend or terminate immediately for breach, fraud, repeated policy violations, or failure to fulfill shipping or rental obligations. Sections that by their nature should survive (including commissions, payment adjustments, IP license, limitation of liability, indemnification, and dispute resolution) will survive termination.

18. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights. You and the Platform agree that any dispute arising out of or relating to this Agreement or the Platform will be resolved through binding individual arbitration, and not in court, except that either party may bring qualifying claims in small claims court.

Opt-out. You may opt out of arbitration by sending written notice to the Platform within 30 days of accepting this Agreement. Opt-out instructions and address are provided in Section 22 (Notices).

No class actions. You agree to bring claims only on an individual basis and not as part of any class, collective, or representative proceeding.

Arbitration will be administered by a nationally recognized arbitration provider under applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

19. Disclaimers

The Platform and services are provided on an 'AS IS' and 'AS AVAILABLE' basis without warranties of any kind, to the maximum extent permitted by law. The Platform does not guarantee sales, rentals, placement, or uninterrupted availability.

20. Limitation of Liability

To the maximum extent permitted by law, the Platform will not be liable for indirect, incidental, special, consequential, or punitive damages. In no event will the Platform's aggregate liability exceed the total commissions retained by the Platform from your transactions during the three (3) months preceding the event giving rise to the claim.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Platform and its officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your breach of this Agreement, your listings, or your violation of law or third-party rights.

22. Notices; Contact

Notices to the Platform must be sent to: iBuyArt, Attn: Legal, [ADDRESS], or by email to [legal@ibuy.art]. Arbitration opt-out notices must be clearly labeled 'Arbitration Opt-Out' and include your name, account email, and a clear statement of opt-out.

Customer/Artist support: [support@ibuy.art]

23. Governing Law

This Agreement is governed by the laws of the State of California, United States, without regard to conflict of law principles, except that the Federal Arbitration Act governs Section 18.

24. Changes to this Agreement

We may update this Agreement from time to time by posting an updated version on the Platform. If you continue to use the Platform after an update becomes effective, you agree to the updated terms.