TERMS OF SERVICE
Thank you for visiting Art Scene West (“ASW”). ASW is based in Southern California and provides a service through its website (www.artscenewest.com) for selling, viewing, and purchasing art pieces from independent artists (“Services”). We ask that you please read the following Terms of Service (the “Terms”) carefully before you begin using the Website. All users of the Website agree to be bound by the Terms, whether they have read the Terms or not.
Modification and Termination of The Terms of Service
ASW reserves the right, in its sole discretion, to modify, discontinue, and/or terminate the Terms set forth herein at any time, without notice and reason. The Terms contained herein supersede any and all prior Terms that were previously on the Website. By continuing to access the Website or use ASW’s Services, you agree to be bound by the latest version of the Terms. If you do not accept or consent to the latest version of the Terms, then you have no right to access or use the Website and we ask that you do not use the Website.
In the event the Website, including the Terms, contains any errors or inaccuracies, ASW reserves the right to correct such errors without providing prior notice. Except as required by federal, state, or local law ASW has no obligation to update, clarify, or amend the Terms or the information contained on the Website.
Purchasing Art On The Website
There are several art pieces for sale on the Website. Each art piece listed for sale on the Website includes a small description of the art piece, the artist’s name, unless the artist asked ASW to not disclose his/her name, and the price of the art piece.
Shipping Charges and Applicable Taxes
The price for each art piece listed for sale on the Website (the “Listing Price”) does not include the price to ship and deliver the art piece to you nor does the Listing Price include applicable local, state, and federal taxes.
Therefore, you acknowledge and hereby agree that any purchases made will include additional shipping and handling charges. The additional shipping and handling charges will be determined by the size, weight, and delicacy of the art piece(s) you purchased. You further acknowledge and agree that all shipping and handling charges will be applied after you complete your purchase on the Website. This means, the final price listed at checkout will not include the shipping and handling charges that are to be applied to your purchase.
You acknowledge and hereby agree that the Listing Price for the art piece you intend to purchase does not include applicable local, state, and federal taxes. All local, state, and federal taxes applicable to your purchase will be applied when you complete your purchase at checkout.
All local, state, and federal taxes and shipping and handling charges applied to your purchase will be detailed on an invoice. An invoice will be sent to the email provided on your Account after all taxes and shipping and handling charges are applied to your purchase. An additional invoice will be enclosed with the art piece that will be shipped and delivered to the shipping address you provide at checkout. If there are any questions regarding the taxes and/or the shipping and handling charges that were applied to your purchase, please contact ASW.
To purchase an art piece on the Website you will be required to provide ASW with personal information that is necessary and relevant to complete your transaction, which may include, without limitation, credit card name, number, expiration date, CVC code, and billing and shipping addresses.
BY COMPLETING A TRANSACTION ON THE WEBSITE, YOU REPRESENT THAT YOU HAVE THE LEGAL RIGHT AND AUTHORIZATION TO: (1) COMPLETE THE TRANSACTION AND (2) TO USE SUCH CREDIT CARDS OR OTHER PAYMENT MEANS THAT WERE USED TO COMPLETE THE TRANSACTION. BY COMPLETING A TRANSACTION ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT ASW MAY SHARE YOUR CREDIT CARD INFORMATION WITH RELEVANT THIRD PARTIES TO COMPLETE THE TRANSACTION.
ASW reserves the right to cancel your order if it determines, in its sole discretion, that the art piece you purchased contains a Listing Price error, omission, inaccuracy, or if the art piece is no longer available. If your order is cancelled, ASW will refund you the full purchase price.
You may cancel your order within twenty-four (24) hours after you “complete” your transaction on the Website. A transaction is “complete” once you have received an order-confirmation email from ASW that indicates ASW has received notification of your purchase. To cancel your order, contact ASW. If ASW does not receive your cancellation request before the twenty-four (24) hour deadline expires, ASW will not honor your cancellation request.
Display of Art Pieces On The Website
ASW takes the display of the art pieces on the Website very seriously and takes adequate measures to ensure that all art pieces displayed on the Website closely resembles the art piece in-person. Because computers, cellphones, and tablets may display objects differently, ASW advises you to look at the art piece(s) you intend to purchase through a different technological device before purchasing the art piece(s). By purchasing an art piece on the Website, you acknowledge and agree that ASW is not responsible for any discrepancies between the art piece you purchased and how the art piece is portrayed on the Website, which may include, without limitation, the colors and size of the art piece.
To return an art piece previously purchased, you must demonstrate the art piece you purchased contains major and noticeable errors as to how the art piece was displayed on the Website. This will require you to make an evidentiary showing that the art piece is damaged, disfigured, or somehow does not reflect the Website’s display of the art piece. To make a proper showing, contact ASW within forty-eight (48) hours after the art piece was delivered to the shipping address you provided at checkout. An ASW representative will contact and guide you through ASW’s return process.
All return requests are evaluated on a case-by-case basis by ASW’s staff. ASW reserves the right, in its sole discretion, to accept or deny a return request made within the forty-eight (48) hour deadline based on the customer’s evidentiary showing that the art piece purchased contains major and/or noticeable errors as to how the art piece was displayed on the Website. ASW will not honor any return request made after the forty-eight (48) hour deadline has expired.
ASW takes commercially reasonable measures to ensure the personal information you provided to ASW is protected and secured. ASW is committed to safeguarding your personal information in compliance with all local, state, and federal laws.
Personal Information We Collect From You
ASW requests only your basic information to create an Account and process your transaction(s). The information ASW requests is below:
- Address (Billing and Shipping)
- Email Address
- Telephone Number
- Credit Card Information (ASW does not keep your credit card information after you make a purchase; ASW request your credit card information each time you make a purchase from the Website)
What Does ASW Do With Your Information?
ASW’s main objective with your information is to ensure that all transactions are completed properly. ASW uses your information to ensure that ASW is sending the art piece you purchased to the correct person and address and are charging the correct credit card holder. Occasionally, ASW and its service providers may use the data and information you provided to improve our Website, Services, and products. Additionally, ASW may use your information to contact you about upcoming events, galleries, displays, or promotions.
Sharing Your Information
ASW will not disclose or share your information, unless local, state, or federal law requires such disclosure. The information you provide to ASW is not disclosed to advertisers, marketing campaigns, or any other third parties.
- Contemporary Art claimed its website as a “collective work.” A collective work is a compilation of others work that is formatted into one final document/website (encyclopedia, periodicals, ect.). ASW can seek a copyright for its website as a collective work if it is determined ASW’s website is creative and distinct from other similar websites. As expected, ASW must also receive each artists’ permission to have their art pieces categorized as a “collective work.”
- Having the website as a “collective work” protects the collective work as a whole and may cover the individual work if the art pieces on the website have not been previously published, are not in a public domain, and the copyright holder is the owner of the art piece.
- More information about a collective work can be found on this pdf link: https://www.copyright.gov/circs/circ34.pdf
Art space.com (https://www.artspace.com/legal) had a similar provision.
- Artspace held itself out to be the “owner or licensee” of the content and/or information of the site. This seems that Artspace did not obtain a copyright for its website as a “collective work” but rather received a license from each artist to display his/her work on the website.
- This may be an avenue to look at when trying to protect an artist’s work on the website.
Any claim or dispute between you and ASW regarding, but not limited to, ASW’s Services, Terms, or Website will be governed in accordance with the laws of the State of California without regard to otherwise governing principles of conflicts of law.
Any dispute or concern you have regarding ASW or its Services, Terms, or Website must be resolved through ASW’s Informal Resolution Process (“IRP”). Under the IPR, ASW will work with you to first, understand the nature your complaint or concerns, and second, to reach an amicable solution that is fair to you. Therefore, you acknowledge and agree, that, as an initial matter, you will first contact ASW directly so ASW and you can work together to reach a resolution. You may contact ASW at _________. If for some reason no resolution is reached within thirty (30) days after you contact ASW, then you agree to be bound by to the arbitration provision below.
Agreement to Arbitrate
Any dispute between you and ASW that is not resolved through ASW’s Informal Resolution must be resolved through binding arbitration and submitted to the American Arbitration Association (“AAA”). All disputes filed with the AAA must be conducted and completed in San Diego, California, USA.
The Terms constitute the entire agreement and understanding between you and ASW. These Terms supersede any prior Terms on the Website and any prior oral or written agreements between you and ASW regarding, but not limited to, ASW’s Services, Website, or Terms.