This Agreement applies to everyone accessing or using the Website, including but not limited to those who browse, buy, sell or otherwise provide any content, information or services on the Website. By accessing or using the Website, you acknowledge and agree to be bound by this Agreement. If you do not agree with the terms in this Agreement, you may not access or use the Website.
We reserve the right to modify this Agreement in our sole discretion by making changes on the Website. Any changes will be effective when published on the Website, and your continued use of the Website after changes have been made will mean that you agree to the new terms. Please review this page regularly to remain informed of the current terms and conditions.
The following capitalised terms used herein shall have the following meanings:
Account: the account, which must be created by each Creator and Co-Producer before (i) a Campaign can be launched (ii) a Pledge can be made to a Campaign and (iii) any Work can be displayed on its profile or (iv) any other User of the Website can be followed.
art:i:curate: means D-Arte Ltd t/a art:i:curate, a limited company incorporated in England with registered number 08114888 and registered address at 20-22 Wenlock Road, London, N1 7GU.
Campaign: the process by which a Creator lists a crowdfunding campaign for Co-Producers on the Website for which Pledges are made in return for the part-ownership of a finished Work.
Campaign Description: the information submitted by the Creator detailing its Campaign and the terms of the Campaign and subsequently approved by art:i:curate for listing on the Website.
Co-Producer: a person who makes a Pledge in respect of a Campaign.
Content Partners: artists, product designers, curators, galleries, museums, individuals or other entities that may use the Website to exhibit Works of Art and Design Products as well as offer Works of Art and Design Products for sale. Content Partners are also art:i:curate users subject to this Agreement and, in cases where content is submitted to us, must be approved or invited by us.
Contract: a contract for the sale of a Work made between a Creator (as seller), art:i:curate (as agent) and the buyer.
Creator: the artist or product designer seeking to raise funds via the Website.
Design Product: prototypes and designs products including, but not limited to, furniture, lighting, tableware, and jewellery.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Minimum Contribution: the minimum amount that a Co-Producer can Pledge in respect of a Campaign. This will usually be $10.00 unless (i) stated otherwise on the Campaign Description, or (ii) where there is less than $10.00 needed to reach the Target Amount, the exact amount needed to reach the Target Amount.
PayPal Account: one of the payment-processing providers used by the Company for transactions relating to the Campaign.
Pledge: the act of a Co-Producer making a monetary offer of at least the Minimum Contribution through the Website to become a part-owner of Work subject to a particular Campaign. “Pledged” and “Pledging” shall be interpreted accordingly.
Stripe Account: one of the payment-processing providers used by the Company for transactions relating to the Campaign. Creators can set up an account via the Website.
Target Amount: the minimum aggregate amount of Pledges (in monetary value) required in order for the Campaign to be successful and for the Creator to receive the pledged money. This amount will be detailed in the Campaign Description and is set by the Creator.
User: any person or company (whether incorporated or unincorporated) who uses the Website and/or its Services.
Website: means any website published by art:i:curate from time to time including without limitation the website at www.articurate.net and its subdomains, any associated social networking profiles and any applications for mobile devices published by art:i:curate from time to time.
Work of Art: includes, but is not limited to, collages, drawings, installations, mixed media, paintings, photographs, sculptures, and videos.
Work: the finished Work of Art or Design Product that is the subject of the Campaign, sale or showcase on the Website or art:i:curate physical events and exhibitions.
A reference to “he”, “him” or “his” shall as applicable include or be treated as a reference to “she”, “her” or “hers”.