Last Updated Date: February 25, 2016
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Frogner Art reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to list a work on the Site or to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will create an "Artist." or "Client or Gallery" Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Frogner Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Frogner Art of any unauthorized use of your Account.
Seller Terms and Conditions
Works of art on the Site
As an Artist, you may submit listings for original works of art ("Paintings") that you have created and that you desire to sell through the Site. You can submit Painting that were created by another artist, but for that you need to change type of the Account from Artist to Client or Gallery. You may not submit Paintings that were created by another artist without specifying name of this artist.
You acknowledge that Frogner Art reserves the right to promote and market works of art through the use of sales and/or discounts, using Site and Social Networks as Facebook, Instagram, Linkedin, Pinterest. The sale or discount amount will apply to the listing price of Painting. You always retain the right to remove Painting for the Gallery. In case Painting has been sold through another gallery, web site, market ("Other Agent"), you obligated to change the status for Paining to “Sold” in the Gallery.
If you want to remove a Paiting from the Site you must go to your account, click on the menu “Artworks I want to sell”, search for paining you want to delete and then click Delete.
Responsibility for Paitings
You acknowledge and agree that you are solely responsible for all Paitings that you make available through the Site. Accordingly, you represent and warrant that: (i) as to Paiting that you make available through the Site, you are the creator of all such Paitings and you are the sole and exclusive owner of all such Paitings; (ii) as to Commissioned painting that you make available through the Site, you are either the sole and exclusive owner of all such Paitings or you have all rights, licenses, consents and releases that are necessary to grant to Frogner Art the rights in such Paitings as contemplated under these Terms; and (iii)neither the Paitings that you make available through the Site nor Frogner Art's use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iv)neither the Paitings that you make available through the Site which you bought from Other Agents but gives the reference to the original artist.
Online Sales and Promotion.
If you submit Paitings to Site, you hereby appoint Frogner Art as an independent non-exclusive reseller with the right to resell such Paitings through the Site and on third party websites ("Payment Solution Provider"), , Social Networks (collectively “Online Sales”, ) and you hereby grant Frogner Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Paitings via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of Painting in any form, medium or technology now known or later developed for the purpose of promoting Frogner Art Site. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights.
As between you and Frogner Art, Frogner Art will be deemed the seller of any Paitings that are purchased via the Site.
Frogner Art and/or its third party Payment Solution Provider will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site
For Paitings, Frogner Art will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Frogner Art, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Frogner Art will provide you with information regarding its preferred shippers with which Frogner Art maintains an account. You agree to ship the purchased Paiting to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Paiting to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Paiting via a Frogner Art preferred shipper account, Frogner Art will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Frogner Art if you are using a Frogner Art preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Frogner Art (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Frogner Art preferred shipper or if you pay for the cost of shipping yourself, Frogner Art will reimburse you for the amount you paid, up to the amount that Frogner Art or the third party website charged the purchaser for shipping.