1. Introduction
(a) General. This Artist Agreement (this “Agreement”) sets forth the terms and conditions under which , Echoes Gallery and partners such as: others companies, agents and designees, offers you (“Artist” or “you”) access to the Echoes Gallery (the “Program”) operated at www.echoesgallery.co.uk (the “Website”), through which you may share and display digital images of artwork and/or offer for sale original artwork.
(b) Compliance with Terms. By using the Program services, you indicate that you accept the terms and conditions of this Agreement and any subsequent modifications. Your participation in the Program is entirely conditioned on and subject to your compliance with this Agreement. If at any time you do not agree with this Agreement, do not proceed to access any Program services on the Website. The Program is offered only to participants aged 18 and above. By participating in the Program, you acknowledge that you are 18 or older
2. The Program
(a)The Program. Original Artworks requested from you to be made available for sale, pursuant to the terms of your membership, be made available for sale on or through: (i) the Website, (ii) echoesgallery.co.uk, and related foreign sites, (iii) other websites operated by us, (iv) catalogs distributed by us.
(b)The websites of our marketing partners or members of our affiliate programs, or (v) any other sales channel we reasonably determine to use in the future (together, the foregoing clauses (i) through (vii) shall be referred to as the “Channels”).
(c)Echoes Gallery and "Artist Info". As a Program participant, you will be provided an individual page “popups”, which may be changed by us from time to time) to which you may display name, digital images of Artwork and images or information about yourself and/or your Artwork. The Artist Info will be publicly available. You are responsible for evaluating and bearing all risks associated with the public availability of your Artist Content. We shall have no obligation or responsibility for registering the copyright in any Artist Content with any copyright office. You may receive a password and email account. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur on your e-mail, and you should ensure that you exit from your account at the end of each session.
(d)Echoes Gallery allows artistis to be member by two different ways (i) direct invitation by us, and (ii) the artist can also apply in order to be member, however when the artist apply by ownself with no invitation, the artworks must be obeject of assessment.
3. Representations, Warranties and Covenants
You hereby represent, warrant and covenant to us as follow:
(a) Binding Agreement. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
(b) Rights. You possesses all rights in and to all elements of the Artist Content necessary to grant us the rights granted by you in this Agreement, and you agree to provide us documentation evidencing the same upon request.(c) No Conflicts. No third party possesses any license or other rights with respect to any element of the Artist Content that would prohibit or impair our ability to exercise fully the rights granted by you in this Agreement, and you may not falsely state or otherwise misrepresent your affiliation with any other person or entity in any way. There is no pending or threatened claim, action, or proceeding related to any element of the Artist Content with respect to copyrights, trademarks or other intellectual property rights, and there is no basis for any such claim, action, or proceeding.
4. Sale of Original Artworks
We provide a venue for you to sell original Artworks via the Echoes Gallery or others partners. You hereby acknowledge and understand that we are responsible for (i) collection of payment for any original Artwork sold; (ii) delivery service (your responsibility sending artworks to Echoes Gallery London); our responsibility sending artwork sold to the customer, excluding insurance, any damage caused by transportation, and risk of loss; (iii) all applicable taxes and costs incurred related to any sale of original Artwork; (iv) resolution of any disputes arising from the sale of original Artwork; and (v) researching and complying with any applicable laws, restrictions, regulations or manner of sale or exchange that may pertain to transactions of the original Artwork. You shall indicate clearly to Echoes Gallery whether or not any original Artwork is for sale or not and, if it is, the price of the original Artwork. Any change of status of availability must be updated within 48 hours of such change in status. If we contact you to buy original Artwork listed as being available for sale when it is not, your membership with the Program may be subject to termination.
As the creator of your Artwork, you are the owner of the copyright to your Artwork work even if you sell the original Artwork to someone else. So, even if someone else buys your original they do not own the reproduction and other copyrights to the Artwork itself, unless you specifically draw up a contract to reflect that you have transferred such rights to that person.
4.1 Artworks hold by Echoes Gallery and artist's option
(i)We own a range of artworks presented at the website. We use to buy some artworks, when they are worth in agreement with indicators and the market demand.(ii) A range of artworks still belonging to the overseas artists, these artworks will be shipped when they are sold.(iii) Artists also have the great opportunities to offer theirs artworks under consignments contract, this option open doors for overseas exhibitions, moreover, it may maximizes the chance of sales, whereas the buyer can see the artworks.
4.2 Artist's payment
(i) The artist is paid afterwards the costumer received the artworks and definitely is happy with his purchase.(ii) Usually it's taking 20 to 30 days, it may vary concerning from where the artwork will be shipped.(iii) I would like to remind that in agreement with our 100% Satisfaction Guarantee Return Policy for all artworks purchased through the internet only, it means that customers can send back for any reason the artwork and will be refund. (except all artworks bought in local exhibitions). (iv)Whether the buyer opt for Bank Transfer – wire the funds directly to our bank account, therefore might be paid in 14 days.(v) The majority of artist's payment will be made by Bank Transfer.(vi) different payment systems are subject of assessment.
4.4 Artwork transport
You agree that we will not be responsible for any loss or damage caused by transportation (by air, sea and so on), when the artist sends his artwork from any location around the world to Echoes Gallery. We also cannot accept liability for any damage caused by Customs House. Such responsibility must be hold by the delivery company chosen by the sender. We will not get involved in any sort of claim, whereas is the liability of sender to claim compensation for loss and damage.
5. Privacy
Personal information (other than Artist Content) you provide to us as a Program participant or a user or customer of the Website is subject to our Privacy Policy.
6. Termination of this Agreement
Updated as of: September 16, 2009
