Terms & Conditions
Please read the following terms and conditions of use carefully before using this website.
Last updated: 06/21/2023
Welcome! All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site. Welcome to our Art Brokerage Family, 197,000 members since 1983. We are celebrating our 40th Anniversary.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Art Brokerage, Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Art Brokerage, Inc. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Art Brokerage, Inc. Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized, in writing, by Art Brokerage, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All copyrights belong to the artists. Please contact them directly for use of photo(s).
Copyrights
All service marks and trade names of Art Brokerage, Inc. used in the site are registered to Art Brokerage, Inc. Art Brokerage was founded in Las Vegas Nevada in 1983 and is proud to celebrate 35 years of secondary market service. We are celebrating our 35th Anniversary.
Warranty disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Art Brokerage, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Art Brokerage, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Art Brokerage, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of liability
Art Brokerage, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Art Brokerage, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographic errors
In the event that an Art Brokerage, Inc. product is mistakenly listed at an incorrect price, Art Brokerage, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Art Brokerage, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, or you have otherwise paid for the purchase and your order is cancelled, Art Brokerage, Inc. shall issue a credit to your credit card account in the amount originally billed. We are humans not software robots and we do make errors.
Term and termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, listing or making an offer process. These terms and conditions, or any part of them, may be terminated by Art Brokerage, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Art Brokerage, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Art Brokerage, Inc. Please keep your contact information up to date, including phone numbers and address. If we are unable to make contact with you it will cause your listing to be terminated and taken down from public view. We may archive it so that you may re-list it later. The best thing to do is keep your info up to date.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Nevada, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Art Brokerage, Inc. products) shall be in the state or federal courts located in Clark County, Nevada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Art Brokerage, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Art Brokerage, Inc.’s failure to insist upon or enforce strictly performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Art Brokerage, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Please be nice, impersonation of others, including an Art Brokerage, Inc. or other staff member, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Your Privacy: We respect your privacy. We NEVER sell, share or trade or compromise your confidential information. We buy no lists, we do not contribute to others. All of our emails go to people who have contacted us. We do not do advertise and 99 percent of our business comes from referrals, social media, and organic SEO. We love referrals. We always want new members and listings.
Indemnification
You agree to indemnify, defend, and hold harmless Art Brokerage, Inc., its officers, directors, staff members, brokers, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Notice
Art Brokerage, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Art Brokerage, Inc. Please add us to your 'safe sender' list, especially if you are listing your art with us. This is very important if you have listings, please do not unsubscribe!
Occasionally a sale fails, and when it does, we give it our best effort, but we cannot force sellers to sell, or buyers to buy, especially during these uncertain times.
Agreement
Proceeding to our site by checking the "I Agree" button on our registration page, you are agreeing to all the Terms and Conditions of our site and not limited to the following. Sellers agree to provide all necessary information and documentation to Art Brokerage and to sell the true and correct item as listed in your listing. Buyers understand and agree that an offer placed with us is a contract to purchase. Sellers understand and agree that once they accept an offer with us this is a contract to sell. Please be sure before you make an offer to purchase. If you have further questions email helen@artbrokerage.com see our How to Buy and How to Sell.
Art Brokerages' privacy policy is and has always been to keep our sellers' information private. However, as a seller you have the obligation to represent that the art is authentic and to represent the factual condition of your art. If a buyer returns your art due to finding the art is not authentic, or condition is not as represented the seller is responsible to return all funds to Art Brokerage. Art Brokerage will refund the buyer and return said art to seller. If seller refuses to refund Art Brokerage, then our privacy policy shall be null and void and seller's contact information will be provided to the buyer so the buyer may take appropriate action against the seller as deemed necessary.
