Marketplace Service Agreement

‍

Preamble

This Agreement is entered into by and between Artivive GmbH, hereafter referred to as “Artivive”, and (other party), hereafter referred to as the “Artist”, to acknowledge the understanding and compliance of the following terms. Artivive is an award-winning Augmented Reality (AR) tool that allows users to create new dimensions of art, by bridging the gap between classical and digital art.

The Artivive web shop, a part of the “Marketplace”, will include artworks of the artist to be sold to customers. The terms governing the sale of one or more print copies of the artists artwork on the web shop are as follows:

Artwork listings

• The standard of quality for artworks are high resolution images and a JPG format.
• The artist will not submit any artwork of an inappropriate, defamatory, or otherwise improper nature.  
• It is within Artivive’s sole discretion to determine whether to make available or list any artwork in the web shop. Artivive may stop any transaction, remove any listing or take other actions as needed.
• Artivive is under no obligation to promote, distribute, or list an artwork or continue to do so.
• Prior to being listed, Artivive will approve and review the artworks submitted. The artist is required to address and fix any issues identified by Artivive during the approval process. The standard for review remains at the sole discretion of Artivive.
• An artwork title, description, artist name, artist introduction and accurate details are required for the listing.

Commission

• After every completed order, the artist will receive a confirmation email with the details of sales and commission payout information.
• The artist will receive the artist share determined for a specific artwork after the sale of said artwork.
• Based on that monthly statement, the payout will be transferred to the PayPal account provided by the artist.
• The artist will receive payment within 21 days after the order has been completed.
• Artivive will send the invoice to the end customers and handle payments; cover production and shipping costs; offer, from time to time, limited discounts (which will impact the royalty amount received by artists to the same degree).

Restrictions and Responsibilities

• The artist confirms all the information provided to Artivive is true, accurate and complete. Artivive’s Privacy Policy is an integral part of this Agreement.
• The artist will not remove any artworks featured on the web shop from their Bridge by Artivive Content Management System (Bridge CMS) account.

Intellectual Property

• Intellectual property rights are to remain with the original owner (the artist) without limitations.
• The artist grants Artivive and the customer a royalty-free, worldwide license to: resell, distribute or make the artwork/s available through Artivive to customers now or in the future, use, reproduce, advertise, promote, transmit, publicly display, publicly perform in any and all digital or other formats for promotional purposes in connection with the services offered by Artivive through the site, third party websites, e-mail, social media or any other medium.
• The artist ensures all intellectual property rights in and associated with the artworks submitted to the web shop are duly licensed or owned by the artist.
• The artist confirms the artwork or content therein does not violate any third party rights or laws or regulations.
• Artivive will retain the right to collect all intellectual property arising from feedback to the functionality of the Marketplace and the resulting improvements (be it technical or operational developments) as property of Artivive;

Term and Termination

• This Agreement will remain in effect until terminated by Artivive or the artist by written notice at least 30 days in advance.
• Following termination, the artist artwork will be withdrawn from the web shop.
• Termination does not affect the licensed rights of previous purchases.

General Terms

• The web shop is under constant development. Artivive might make changes to the web shop without prior notice to the artist. Any changes could also result in short interruptions to the services.
• Artivive’s Terms and Conditions are the basis of this Agreement. The artist confirms to have read and agreed to our Terms and Conditions above.
• Both Parties confirm that they are authorized to enter into this Agreement. Performance and obligations of either Party will not violate or infringe upon the rights of any other third-party, law or governmental regulation; or violate any other agreement between the two Parties, or external agreements with any other person, organization, or business.
• In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
• Austrian material law to apply.
• If any part of these Terms is found void and unenforceable, it will not affect the validity of any other clauses of these Terms, which shall remain valid and enforceable.
• Notices under these Terms and any comments, questions, or complaints regarding this Agreement should be sent to Artivive.