Terms and Conditions

DATA

INTRODUCTION

Arty Traders, Inc. (“Arty Traders,” “we,” or “our”) provides an integrated platform offering a wide array of professional services related to art. These services include, but are not limited to, artwork appraisal, market value forecasting, investment insights, portfolio development and management, authentication, artwork valuation,  consulting, and other personalized solutions for individual and institutional clients.

Access to these offerings is provided through our platforms (collectively, the “Platforms”), which include all associated digital tools, software, features, and functionalities made available by Arty Traders (collectively, the “Services”).

We encourage you to carefully read these Terms of Use (“Terms”) in conjunction with our Privacy Policy, which is available at www.artytraders.com/privacy. These Terms, along with the Privacy Policy and any other applicable policies, constitute a legally binding agreement governing your use of and access to our Services.

Please note that certain features or sections of the Platforms may be governed by additional terms and conditions. In the event of any inconsistency between these Terms and any applicable additional terms, the additional terms will prevail with respect to your use of those specific features or sections.

IMPORTANT: PLEASE REVIEW THESE TERMS CAREFULLY.
They contain important information regarding your legal rights, responsibilities, and the resolution of potential disputes.

BY ACCESSING OR USING OUR SERVICES AND PLATFORMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AN ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE ANY OF ARTY TRADERS’ SERVICES OR PLATFORMS.

If you are accepting these Terms on behalf of a company or another legal entity, you affirm that you have the authority to legally bind that entity. In such instances, all references to “you” or “your” shall apply to that entity.

MODIFICATIONS TO THE TERMS

Arty Traders reserves the right, at its sole discretion, to update, modify, suspend, or discontinue any aspect of the Services, as well as to revise these Terms at any time without prior notice. Notification of such changes may be provided through our Platforms or by other appropriate means. The “Last Updated” date indicates the most recent version of the Terms.

By continuing to access or use the Platforms and Services after any changes have been published, you acknowledge and agree to be legally bound by the revised Terms. If you do not accept the updated Terms, your only recourse is to cease use of the Services. We recommend reviewing these Terms periodically to stay informed of any updates.

ACCOUNT REGISTRATION

To access certain features of the Services — including, but not limited to, listing, submitting, or purchasing artworks — you are required to register for a user account (“Account”). During the registration process, you must provide accurate, complete, and up-to-date information, including a valid email address and a secure password. Upon completion of registration or by using guest access, you are considered a “Member” of the Platform.

You agree to maintain the accuracy of your account information and promptly update it as necessary — for instance, if you become VAT registered. Arty Traders reserves the right to suspend, restrict, or permanently delete your Account if any provided information is found to be false, outdated, incomplete, or misleading.

You are solely responsible for safeguarding your password and for all activity that occurs under your Account, whether or not such activity is authorized by you. In the event of any unauthorized use or security breach, you must notify Arty Traders immediately.

PRIVACY

We care about data privacy and security. Please refer to our Privacy Policy, available at www.artytraders.com/privacy, for detailed information on how your personal data is collected, used, stored, and protected.

IMPORTANT: PLEASE REVIEW THESE TERMS CAREFULLY.

THIS DOCUMENT INCLUDES AN ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTES RELATED TO THE USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
IF YOU WISH TO OPT OUT OF THE ARBITRATION AGREEMENT, YOU MAY DO SO BY FOLLOWING THE PROCEDURE OUTLINED IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE.”
THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A WAIVER OF CLASS ACTION RIGHTS AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL.

SELLER TERMS AND CONDITIONS

LISTING WORKS ON THE PLATFORM

As a Member, you may use the Services to list original artworks or digital assets that you have personally created for the purposes of sale, appraisal, or promotion. Listing works created by third parties is strictly prohibited.

In order for your submission to be accepted, you must provide complete and truthful information as requested by Arty Traders and satisfy all applicable requirements. This may include verification of your identity through supporting documents such as a government-issued ID, tax identification number, VAT registration, or other relevant documentation.

All listings must adhere to the Platform’s content standards. Arty Traders reserves the right to review, edit, or reject listings to ensure compliance with these standards. You acknowledge that the appearance of your listings in search results or specific categories is not guaranteed and may depend on a variety of factors, including but not limited to title accuracy, keyword tags, and pricing.

PROMOTION AND REMOVAL OF LISTINGS

You acknowledge that Arty Traders reserves the right to promote and market Original Works of Art and/or Digital Works, including through the use of sales, promotions, and/or discounts. Any applicable sale or discount will be applied to the listing price of Original Works of Art and/or Printed Works (as defined below) related to Digital Works.

You retain the right to remove any listing for an Original Work of Art or Digital Work from the Platform at any time. Instructions for removing a listing are provided below.

To remove a listing for an Original Work of Art or Digital Work, simply log into your account, select the image you wish to delete, and click the “Delete” option. Follow the subsequent instructions to complete the removal process.

RESPONSIBILITY FOR WORKS

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available on the Platform. By listing such Works, you represent and warrant the following:

1. Original Works of Art: You are the creator and sole and exclusive owner of all Original Works of Art that you list on the Platform. 
2. Digital Works: You are either the sole and exclusive owner of all Digital Works you make available on the Platform, or you possess all the necessary rights, licenses, consents, and releases to grant Arty Traders the rights to those Digital Works as outlined in these Terms.

You further confirm that neither the Original Works of Art nor the Digital Works you provide will infringe upon, misappropriate, or violate any third-party’s intellectual property rights, including patents, copyrights, trademarks, trade secrets, moral rights, or any other rights (such as publicity or privacy rights). Additionally, you ensure that such Works do not violate any applicable laws or regulations.

ONLINE SALES

If you submit listings for Original Works of Art, you agree to sell these works through the Platform and on third-party websites and sales channels (collectively referred to as “Online Sales”). You hereby grant Arty Traders a worldwide, transferable, non-exclusive license with the right to sublicense, allowing us to:

• Use, reproduce, distribute, publicly display, and publicly perform copies of the Original Work of Art through the Sales Channels. 
• Access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Original Work of Art in any form, medium, or technology now known or developed in the future, for the purpose of promoting Arty Traders and the Platform.

You acknowledge that these rights are granted royalty-free and that your sole compensation, if any, will be in the form of the Artist Revenue Share (as defined below), which is paid only upon the sale of the Original Work of Art through Online Sales.

If you submit listings for Digital Works, you agree to allow Members and other third parties to purchase fine art reproductions of these Digital Works (collectively referred to as “Printed Works”).

By listing Digital Works, you grant Arty Traders a worldwide, transferable, non-exclusive license with the right to sublicense, allowing us to:

• Use, modify (if necessary for print-on-demand services), reproduce, distribute, publicly display, and publicly perform the Digital Works to Members and third parties through Online Sales Channels and other offline channels (“Offline Sales”). 
• Access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Digital Works in any form or medium, now known or developed in the future, for the purpose of promoting Arty Traders and its services.

These rights are granted royalty-free, and your sole compensation, if any, will be in the form of an Artist Revenue Share, payable only upon the sale of Digital Works via Online Sales Channels or Offline Sales. Arty Traders may engage third-party contractors to process and fulfill orders for Printed Works.

If Original Works of Art and/or Printed Works are sold through a third-party website, the terms of use of that third-party site will apply to the respective purchase. However, these Terms shall govern the sale between you and Arty Traders.

Arty Traders and/or its third-party service providers will collect billing and shipping information from the buyer and process payments for purchases made via the Services. For purchases made through third-party websites or Offline Sales, the relevant third-party platform or Arty Traders’ partner will collect billing and shipping information, process payments, and remit appropriate payments to Arty Traders, as agreed with the third party. They may also share necessary shipping and contact details.

SALES AND TRANSFER OF INFORMATION

Information related to the sale of Original Works, specific fulfillment conditions, and any additional details (including, where necessary, buyer contact information) will be shared as follows:

• Through the platform interface during the item listing process;
• Directly via one-on-one communication;
• Or by any other method agreed upon by both parties.

Following a sale, you are entitled to request payment of your revenue share in accordance with the payment procedure established by Arty Traders. Upon termination of these Terms or deletion of your account, any remaining balance of your Artist Revenue Share will be paid to you.

DELIVERY TERMS

Detailed delivery terms for Original and Printed Works, including obligations regarding timing, recommended carriers, and reimbursement procedures, are outlined in the separate Arty Traders Delivery Policy. You can review this policy at:www.artytraders.com/shipping.

RETURN POLICY

You agree to adhere to the then-current Arty Traders Return Policy, which applies to all original artworks sold through the Platform.

REMOVAL OF DIGITAL WORKS

If you remove a listing for a Digital Work from the Platform, the license rights you granted for its use will terminate as of the removal date. However, Arty Traders and its subcontractors will retain the right to use the Digital Work as necessary to fulfill any ongoing or previously accepted orders for printed versions. Additionally, the right to use the Digital Work for promotional purposes to market the Platform and its services will remain in effect until all obligations requiring such use have been fully satisfied.

TERMS FOR BUYERS

PURCHASING ORIGINAL WORKS OF ART

As a user, you may purchase original artworks listed by other members on the platform. When you make a purchase, you enter into a transaction directly with the member identified in the listing, not with Arty Traders. Listed prices do not include shipping and handling charges or applicable taxes (such as VAT), unless stated otherwise. These additional charges will be itemized separately at checkout. Arty Traders and/or its service partners will process your payment and forward the order to the seller, who is responsible for shipping the item. The current Return Policy applies to all purchases.

ORDER CANCELLATIONS

Arty Traders reserves the right to cancel any order if the item is mispriced, out of stock, removed from sale, or otherwise unavailable. In such cases, you will be notified by email, and no payment will be processed.

RESTRICTIONS ON OFF-PLATFORM TRANSACTIONS

If you have listed a work and received a purchase inquiry through Arty Traders, you are prohibited from selling that or a similar work directly to the buyer outside of the platform. The same restriction applies to buyers, who may not purchase artworks directly from the artist outside Arty Traders. Violating this policy may result in account suspension and other actions, including legal proceedings.

TAXES

All prices, commissions, and payouts on the Arty Traders platform are listed in U.S. dollars and do not include taxes, duties, or fees that may apply under the laws of relevant jurisdictions. Arty Traders provides calculations and data to assist parties in navigating potential tax obligations. However, the ultimate responsibility for complying with tax regulations rests with platform users.

Artists are solely responsible for properly reporting and paying taxes on any income received through the platform, in accordance with the laws of their country or the country in which they operate. Arty Traders may request relevant tax forms or additional information if required by applicable regulations.

Buyers are responsible for fulfilling any tax obligations related to the purchase of artworks, including, but not limited to, VAT, import duties, customs fees, or any other applicable taxes in their country or the country of delivery.

Each party is expected to independently understand its tax obligations, comply with local and international laws, and consult with tax or legal professionals if needed. Arty Traders shall not be held liable for the actions or inactions of any party, nor for any tax consequences arising from a lack of awareness or disregard of applicable laws. By using the platform, you acknowledge and accept these terms and agree to comply with the legal requirements of the jurisdictions in which you operate or that apply to your activities.

RESALE TERMS AND CONDITIONS

On the Arty Traders platform, once an Original Work of Art is sold, it may become available for resale through the secondary marketplace. For these works, there are a few purchasing options available:

• Make an Offer: You can submit your own price for the work
• Participate in an Auction: You can compete with other buyers in an online auction format.

All offers and auctions are available only to registered users via the secondary marketplace or other authorized channels integrated with the platform.

The terms of order processing, payment, delivery, and other associated processes for resales are identical to those for standard purchases on the platform. The primary difference lies in the purchasing mechanism (offer or auction) and the price, which may fluctuate based on supply and demand.

If you decide to remove a work from the platform, it will automatically be excluded from resale participation.

We also reserve the right to introduce and remove new services that facilitate seamless resale operations.

RESALE ON ARTY TRADERS

The resale option will be available for all artworks that have been sold through the Arty Traders platform. If someone makes an offer on an artwork you purchased through our platform, we will contact you via email, notify you of the offer price, and provide instructions on what to do next if you agree to sell. If you decline the offer, you can easily reject it. If you accept the offer, one of our team members will assist you through every step of the process.

RESALE BUYER ON ARTY TRADERS

For each sold artwork, the option to “Make an Offer” will be displayed next to it. Complete all the steps to confirm your offer. Once you make the offer, one of our curators will contact you to assist with the process. If your offer is accepted, we will organize payment and logistics.

The offer form does not require registration or payment information. It only collects the amount of your offer, a personal message, and contact details (name, email).
All resale orders are final unless the artwork arrives damaged. In case of damage, the return process will be the same as for regular orders. If the artwork is irreparable or cannot be restored, you will be provided with a refund.
In addition to the agreed price, additional costs such as shipping, duties/taxes, and VAT may apply. All such costs will be clearly communicated to the buyer before payment is collected.
Once you confirm you want to proceed with the purchase, you will need to provide payment details before we process your order.
If your offer is declined by the artwork owner, we may offer similar works or help you order a piece from the same artist.
Promotional discounts cannot be applied to your offer.
All shipping-related details will be specified on a separate page.

COLORS

You understand and agree that Arty Traders makes commercially reasonable efforts to accurately display the colors of Original Works of Art, Digital Works, and Printed Works on the platform. However, due to variations in color representation across different screen devices, Arty Traders cannot guarantee color accuracy and disclaims any liability related to this.

MEMBER CONTENT

In addition to listing Original Works of Art, Arty Traders allows users to post, upload, distribute, or otherwise submit text, images, audio, video, graphics, and other content related to art or activities on the platform (hereinafter referred to as “Member Content”). Member Content does not include images of works listed for sale unless otherwise specified in the Sale Terms.

Arty Traders does not claim ownership of any Member Content. By submitting such content to the platform, you grant Arty Traders a non-exclusive, transferable, worldwide, royalty-free, and commission-free license to crop, resize, publicly display, reproduce, distribute, and broadcast such content in any format or technology, now known or later developed, solely for the purpose of promoting the platform and its services. You also grant other users the right to view your Member Content exclusively as part of their authorized use of the platform.

You retain all other rights to your Member Content. You represent and warrant that:

• You are the sole owner of all Member Content you submit or have all necessary rights, permissions, and licenses to post such content; 
• The content does not violate any third-party rights, including copyrights, trademarks, patents, privacy, publicity, or any other applicable laws.

ARTY TRADERS CONTENT

Arty Traders may also provide text, graphics, images, audio, and video, including both original content and content licensed from third parties (hereinafter referred to as “Arty Traders Content”). You are authorized to view and download this content solely as part of using the platform, provided you comply with all intellectual property rights. Commercial use of Arty Traders Content without express permission is prohibited.

INTELLECTUAL PROPERTY OF ARTY TRADERS

The services and content of Arty Traders are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Arty Traders and its licensors exclusively own all rights, title, and interest in and to the Services and Arty Traders content, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Arty Traders content.

COPYRIGHT POLICY

Arty Traders respects copyright laws and expects the same from its users. We maintain a policy of terminating accounts of users who repeatedly infringe the rights of copyright holders.

LINKS

The Services may contain links to third-party websites or resources. You acknowledge and agree that Arty Traders is not responsible or liable for:

• (i) the availability or accuracy of such websites or resources; 
• (ii) the content, products, or services available from such websites or resources.

Links to such websites or resources do not imply any endorsement by Arty Traders of such websites or the content, products, or services available through them. You assume sole responsibility and all risk arising from your use of any such websites or resources.

GENERAL RESTRICTIONS

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

You agree not to engage in the following actions:

• Post or upload content that infringes on third-party intellectual property rights or privacy rights;
• Upload defamatory, offensive, pornographic, discriminatory, or misleading content;
• Use the platform to bypass security measures or engage in unlawful activities;
• Send unsolicited advertising, spam, phishing, or data collection without permission;
• Import viruses, interfere with the system, or attempt to bypass security protocols;
• Impersonate another person or misrepresent your affiliation with any entity;
• Violate any applicable laws or encourage unlawful conduct.

Arty Traders reserves the right to remove or block access to any content that violates these terms and cooperate with law enforcement agencies in case of serious violations. While we are not obligated, we have the right to monitor content posted by users to ensure compliance with platform rules.

TERMINATION OF ACCESS AND ACCOUNT CANCELLATION

If you breach any of these Terms, Arty Traders has the right to suspend or disable your account or terminate these Terms at its sole discretion and without prior notice. Arty Traders reserves the right to revoke your access to the Services, Arty Traders content, and user content at any time, with or without cause. If these Terms are terminated due to your breach, you will remain liable for any amounts due. You may cancel your account at any time by sending a support request to [email protected].

PAID FEATURES AND SUBSCRIPTIONS

Arty Traders offers both free and paid features under various subscription plans. You may voluntarily choose the plan that best suits your goals and needs. All key features included in each subscription are clearly presented before any payment is requested.

You will not be required to pay for any features without your informed and prior consent. We never charge you automatically without your confirmation.

By subscribing to a paid plan, you agree to pay the applicable amount according to the pricing in effect at the time of subscription. Payment may be one-time, monthly, or annual, depending on the plan you choose. You also agree that any applicable taxes, including VAT, may be added to the subscription price in accordance with the laws of your country, and you remain solely responsible for their payment.

You may cancel your subscription or account at any time by sending a request to our support team at [email protected]. Cancellation will take effect after the end of the current paid period, and no refunds will be issued for any already paid periods.

PAYMENTS

If you wish to purchase an original work of art, a print, or any other product or service through the Service, you may be required to provide certain information, including: credit card number, expiration date, billing address, VAT ID, and shipping address.

You represent and warrant that you have the legal right to use the payment method provided. You acknowledge that any such information will be handled in accordance with our Privacy Policy. You authorize us to share this information with third parties to complete the transaction initiated by you or on your behalf. Verification of your information may be required before an order is confirmed.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platforms, Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platforms and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platforms or Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

We reserve the right, with or without notice, to:

• Change descriptions or references to artworks, products, subscriptions, software, or services;
• Limit the available quantity of any products, subscriptions, or services;
• Other changes within Platforms and Services, except in cases provided for in this or other  our documents.

We may also, at our sole discretion, modify points, rewards, or the terms governing their use. Such changes may render points or rewards more or less available, valuable, effective, or functional.

DISCLAIMERS

The Services, Arty Traders Content, and Member Content are provided “as is” without any warranties of any kind, either express or implied. Specifically, Arty Traders expressly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement, as well as any warranties arising out of course of dealing or usage of trade.

Arty Traders makes no warranty that the Site, Services, Arty Traders Content, or Member Content will meet your expectations or be available on an uninterrupted, secure, or error-free basis. Arty Traders does not guarantee the quality of any artworks, products, services, or content purchased or obtained through the 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 Arty Traders or through the Site or Services, shall create any warranty not expressly stated in these Terms. No action should be taken or purchase made based solely on the information contained within the Services. You are encouraged to seek independent advice from a professional or a qualified expert in the relevant field before acting on any opinions, advice, or information contained in the Services.

You are solely responsible for all communications and interactions with other users of the Services, as well as with any other individuals with whom you interact as a result of your use of the Services. Except as explicitly set forth in these Terms, Arty Traders does not conduct background checks or screenings on its users and does not verify the accuracy of their statements. Arty Traders makes no representations or warranties regarding the behavior or conduct of users. You agree to take reasonable precautions in all communications and interactions, especially if you choose to meet in person.

INDEMNITY

You agree to defend, indemnify, and hold harmless Arty Traders, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Arty Traders Content, or Member Content, or your violation of these Terms.

LIMITATIONS OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of the Services, Arty Traders Content, and Member Content remains solely with you.

Neither Arty Traders nor any other party involved in the creation, production, or delivery of the Services, Arty Traders Content, or Member Content shall be liable for any indirect, special, incidental, exemplary, or consequential damages, including lost profits, data loss, goodwill, service interruptions, computer damage or system failure, cost of substitute products or services, or for any personal injury, emotional distress, or other damages arising out of or in connection with these Terms or your use of (or inability to use) the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Arty Traders has been advised of the possibility of such damages.

In no event shall Arty Traders’ total liability arising out of or in connection with these Terms or the use of the Services exceed:

• (i) for Members who have sold original artworks or licensed digital works and received Artist Revenue Share from Arty Traders for the sale of printed works, the total payments made or credited to you by Arty Traders during the three (3) month period preceding the date of the claim; or
• (ii) for Members who have purchased original artworks or printed works, the total amount paid by you to Arty Traders for the relevant works that are the subject of the claim.

These limitations of damages are essential elements of the agreement between you and Arty Traders. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names, and any other proprietary designations used on the Arty Traders platform are trademarks or registered trademarks of Arty Traders or its licensors. Any other trademarks, service marks, logos, trade names, and proprietary designations are the property of their respective owners.

DISPUTE RESOLUTION

INFORMAL RESOLUTION

Our goal is to ensure that the Services meet your expectations and are provided at a high standard. However, there may be instances when you feel that we have made a mistake or disappointed you in some way. In such cases, we are committed to working with you to reach a reasonable and satisfactory resolution; however, we can only do this if we are informed about the issue. Therefore, if you have any problem or dispute with us, you agree that, initially, you will contact us via email at [email protected] to describe the nature of your complaint or dissatisfaction. This should lead to a resolution, but if for any reason the issue is not resolved within thirty (30) days after our receipt of your written description, you agree to further dispute resolution provisions as outlined below. To the extent permitted by applicable law, the informal dispute resolution process is a prerequisite to using any other procedures, so please contact us first.

MUTUAL AGREEMENT TO ARBITRATION

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY. YOU AND ARTY TRADERS AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BY ARBITRATION UNLESS YOU OPT-OUT. ALL CLAIMS WILL BE RESOLVED INDIVIDUALLY AND NOT AS A CLASS ACTION. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY.

Any dispute related to the interpretation, validity, or applicability of these Terms or the Arbitration Agreement will be resolved exclusively by an arbitrator, and not by a court or governmental agency.

Except in cases of intellectual property rights, trade secrets, image rights, or other rights of the parties or third parties, all disputes arising from the use of the Arty Traders platform will be subject to final arbitration. In the above exceptional cases, the parties may seek court intervention in the jurisdiction where the company is registered.

HOW TO INITIATE ARBITRATION

To initiate arbitration, send an official letter requesting arbitration and describing your claim to the address provided on the Arty Traders website.

US CLAIMS

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA rules can be found at adr.org/consumer.

NON-US CLAIMS

For users outside of the United States, any dispute or claim arising out of or related to these Terms will be resolved according to local laws and arbitration procedures in the user’s country of residence, or by mutual agreement between the parties.

If the parties do not agree otherwise, disputes will be subject to arbitration by the International Centre for Dispute Resolution (ICDR) in accordance with its Expedited Procedures. The arbitration will be conducted by a sole arbitrator appointed in accordance with these procedures.

We understand that each case is unique, and decisions will be made in accordance with the laws of the countries to which the involved parties belong. We are committed to actively working toward resolving any disputes and will make every possible effort to ensure a fair and lawful outcome. However, the responsibility for the process and outcome lies with all participants.

We are confident that, ultimately, the law will prevail, and we hope that all conflicts will be resolved peacefully, with maximum fairness and within the bounds of the law, considering the specific circumstances of each situation.

FORMAT AND FEES

For efficiency and fairness, the parties agree that the arbitration will be conducted solely based on written materials unless the arbitrator deems an oral hearing necessary. If an oral hearing is required, it will be conducted by phone, other technical means, or in person at the user’s residence or another mutually agreed location. The arbitration will be conducted in English or, for users residing outside the U.S., in the official language of the jurisdiction of the involved parties.

The arbitrator’s decision will be final and binding, and it may be enforced by any court with appropriate jurisdiction. Each party has the right to use legal counsel at its own expense. We do not reimburse expenses for legal representatives, travel, or other personal expenses; arbitration-related fees will be handled on a case-by-case basis. We will not seek reimbursement for our attorney’s fees unless the arbitrator finds the claims to be frivolous.

RIGHT TO OPT-OUT OF ARBITRATION AGREEMENT

YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE. In that case, you may stop using our platform and services, or you can send us a letter requesting the formation of an alternative arrangement under the laws of the involved countries.

CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but will instead be resolved in a court of competent jurisdiction. However, in that case, this Agreement to Arbitrate and this Class Action Waiver will still be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

WAIVER OF TRIAL BY JUDGE OR JURY

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES, YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

LIMITATION OF ACTIONS

You and we agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

Regardless of jurisdiction, we strive to provide the best possible services and platform. We are committed to supporting the resolution of any issues related to us; however, we bear no responsibility beyond what is stated in our documentation. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive agreement between you and Arty Traders regarding the use of the Services and supersede all prior oral or written agreements or understandings between you and Arty Traders concerning the Services.

ASSIGNMENT

You may not assign or transfer these Terms, whether by operation of law or otherwise, without the prior written consent of Arty Traders. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Arty Traders may freely assign or transfer these Terms at its sole discretion without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.

NOTICE

Any notices or other communications permitted or required under these Terms, including those regarding changes to these Terms, must be in writing and provided:

• (i) by Arty Traders via email (to the address you provided) or
• (ii) by posting them on the platform. For notices made by email, the date of transmission will be deemed the date of receipt.

GENERAL PROVISIONS

The failure of Arty Traders to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision for the future. Any waiver of such right or provision will be effective only if in writing and signed by an authorized representative of Arty Traders. Except as expressly set forth in these Terms, the exercise of any remedy by either party under these Terms will be without prejudice to its other remedies. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: 

• Monitor the Services for violations of these Legal Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 
• In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACTS

If you have any questions regarding the Privacy Policy, the Platform, or your interactions with us, please contact us via email: [email protected].