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unframe showcases Works by emerging artists and designers from all over the world online and at its shows.
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Campaign launched
Target $4,000 // I pledge $100
Become a co-producer
A Co-Producer is the Patron of the 21st century. Support your favourite artist or designer by pledging to the Work you like an amount of your choice.
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Work sold
Work sold for $10,000 // I get $154
Get rewarded
The target amount is 40% of the Work's price. That's why when the Work you funded sells for its full price, you get a commission.
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Are you an artist or designer? Learn more about submitting your work to unframe.
User Terms
Co-Producing Terms
  1. INTRODUCTION

    1. These terms and conditions (the “Co-Producing Terms”) set out the terms on which each User of the Co-Producing Terms uses the services provided by art:i:curate.
    2. These Co-Producing Terms should be read in conjunction with the Website Terms of Use and the Privacy Policy, which together make up the “ User Terms”.
  2. DEFINITIONS AND INTERPRETATION

    1. Capitalised terms not otherwise defined herein shall have the meaning given in the other documents that make up the User Terms.
    2. The following capitalised terms used herein shall have the following meanings:
      • Campaign Closing Date : the date set by art:i:curate by which the Campaign must reach its Target Amount. This will usually be 45 days but art:i:curate may extend this date in its sole and absolute discretion.
      • Commencement Date : the date, from which a Co-Producer can make a Pledge in respect of a Campaign and is decided in the sole and absolute discretion of art:i:curate.
  1. WORKS

    1. Creators offer Works to their Co-Producers. If a Campaign reaches the Target Amount, ownership of the Work shall be split so that the Creator owns 30% of the Work and the Co-Producers own 70% (split pro-rata as against the proportion that each Co-Producer Pledged) pursuant to the Co-Production Agreement.
    2. If a Campaign reaches the Target Amount, art:i:curate shall be granted the sole and exclusive right to:
      1. sell the Work in the capacity of an actually authorised agent acting on behalf of the Creator and each of the Co-Producers;

      2. have sole and absolute discretion in setting the selling price for the Work; and

      3. charge the fee as set out in clause 9.2.

    3. Creators are not permitted to offer or provide any of the following as Works:
      1. any money, monetary compensation or item or instrument that can be readily converted into money;

      2. any weapon, ammunition or related item;

      3. any alcohol, tobacco product or other controlled substance;

      4. any illegal drug, substance or drug-related paraphernalia;

      5. any pornography, sexually explicit or suggestive item, image of any child aged less than 18 years of age or other similar material which is unlawful or may be considered offensive;

      6. any item which is unlawful to possess or distribute in any jurisdiction in which the Creator are based or in which a Co-Producer would receive such item;

      7. any item which infringes or violates the intellectual property rights of a third person; or

      8. any item that is stolen.

    4. Each Work must be created only by its respective Creator. No other person may own or have any interest in the Work immediately prior to the Commencement Date of a Campaign.
  2. SALE OF GOODS WEBSITE DISCLAIMER

    1. The provision of a Work does not constitute the sale of goods for the purposes of the Sale of Goods Act 1979. Any part transfer of ownership in a Work is provided for no consideration and a Co-Producer has no right to a refund or to cancel any Pledge made in the event that it does not like any Work and/or any Work is defective.
  3. FORMATION OF CONTRACT

    1. By posting a Campaign on the Website, the Creator agrees, if the Target Amount is met before the Campaign Closing Date, to transfer 70% of the ownership and/or title in a Work to all Co-Producers (to be split pro-rata as against the proportion that each Co-Producer has Pledged) in exchange for the aggregated Pledges.
    2. Part-ownership in the Work is offered from the Creator and is not underwritten, verified or endorsed by art:i:curate or any of its staff.
    3. art:i:curate is not a party to the contract between the Creator and the Co-Producer but will be able to enforce its third party rights as regards to:
      1. its exclusive right to sell and set the price for the Work;

      2. to act as agent for the Creator and all Co-Producers in the sale of the Work; and

      3. arranging exhibitions or events in which the Work will be displayed.

    4. art:i:curate shall not be held responsible for transactions, agreements and/or disputes between Co-Producers and Creators in connection with the delivery and subsequent sale of the Work.
    5. The payment processor(s) that art:i:curate uses are not party to, and shall not be held responsible for any transaction, agreement and/or dispute between Co-Producers and Creators in connection with the delivery of the Work.
  4. PLEDGING PROCESS

    1. All Users acknowledge, agree and undertake to represent only themselves.
    2. A Campaign will only be eligible for approval if the following requirements are satisfied:
      1. the Creator acknowledges and irrevocably agrees to enter into, and be bound by, the Co-Production Agreement if the Campaign reaches the Target Amount;

      2. the Creator has an Account with art:i:curate; and

      3. the Creator has a:

        1. Stripe Account;

        2. PayPal Account; or

        3. a bank account into which he can receive Pledges.

    3. After completing the registration process and creating an Account and a Stripe Account (if not already created), a Creator who is looking to create a Campaign must complete the profile section of its Account on the Website before submitting a Campaign Description to art:i:curate.
    4. To submit a Campaign Description, the Creator shall supply as a minimum:
      1. the amount that the Creator wishes to raise (i.e. the Target Amount);

      2. an image of the Work in JPEG or PNG format;

      3. a short description of the Work of no more of 100 words; and

      4. any other information that is reasonably required by art:i:curate to enable it to approve a Campaign Description.

    5. After the Campaign Description has been submitted by the Creator, art:i:curate will review the information provided and, in its sole and absolute discretion, will either decide to approve, amend or reject the Creator’s Campaign Description for publication on the Website.
    6. If the Campaign Description is approved by art:i:curate, the Campaign shall start on the Commencement Date and Co-Producers may start making Pledges. A Creator cannot make a Pledge for its own Work.
    7. By making a Pledge, each Co-Producer:
      1. irrevocably agrees to the User Terms; and

      2. acknowledges and irrevocably agrees to enter into, and be bound by, the Co-Production Agreement if the Campaign reaches the Target Amount.

    8. The Campaign shall end on the Campaign Closing Date whereupon the Creator shall, if the Target Amount has been reached, accept all of the Pledges made by Co-Producers. For the avoidance of doubt and subject to the rest of the User Terms, the Creator cannot cancel a Campaign at any time from the Commencement Date to the Campaign Closing Date.
    9. If the Campaign reaches the Target Amount on or prior to the Campaign Closing Date:
      1. an implied binding agreement in respect of each Pledge shall automatically come into force between each of the relevant Co-Producers and the Creator (the “Co-Production Agreement”). The Creator and each of the Co-Producers acknowledge and agree that, subject to the Pledge being received by the Creator in the account selected by it pursuant to clause ), shall be a condition of the Co-Production Agreement that ownership of the Work shall be split so that the Creator owns 30% of the Work and the Co-Producers own 70% (split pro-rata as against the proportion that each Co-Producer Pledged); and

      2. Pledges shall be deducted from each Co-Producer’s debit/credit card and transferred to the Creator’s chosen account pursuant to clause 6.2(c) within 30 days net of the art:i:curate fees pursuant to clause 9.1 and all payment processing fees.

  5. CO-PRODUCERS

    1. Co-Producers both acknowledge and agree that art:i:curate’s approval of a Campaign Description in relation to a Campaign is not an approval of the Campaign Description in general, and that no inference shall be made to the same.
    2. Co-Producers can view current Campaigns by navigating to the www.articurate.net/coproduced-art/ page of the Website when they are logged in to the Website.
    3. In order to make a Pledge to a Campaign, a Co-Producer must ensure that it can afford to pay the amount it wishes to Pledge. If a Co-Producer’s credit card is declined, art:i:curate will send a communication to resolve any payment issues. If any such issues cannot be resolved within seven days of the initial Pledge, the Pledge shall be cancelled.
    4. When a Co-Producer makes a pledge to a Campaign:
      1. the amount pledged will not be publicly displayed on the Website (although the Creator shall be able to see how much was pledged and the Co-Producer’s account name);

      2. the Co-Producer’s account picture/avatar may be publicly displayed on the Creator’s Campaign page of the Website to show that the Co-Producer has made a Pledge to the Campaign. The picture/avatar may also contain a link to the Co-Producer’s account page, which will show a list of other Works in which the Co-Producer has made a Pledge (for the avoidance of doubt, a Co-Producer cannot Pledge anonymously but may use account names that do not reveal any personal information); and

      3. the Pledge shall be deducted from its debit/card upon the Campaign reaching the Target Amount in accordance with clause 6.9.

    5. When a Co-Producer has made a Pledge to a live Campaign, it may make further Pledges. A Co-Producer may request to decrease or cancel any Pledge already Pledged. Such request shall be accepted by art:i:curate unless a Campaign reaches the Target Amount within 48 hours of arti:i:curate receiving such request to decrease or cancel a Pledge. If a Co-Producer chooses to make further Pledge(s), it shall repeat the pledge process.
    6. After a Co-Producer has made a Pledge to a Campaign, it will be non-refundable save for when:
      1. the Campaign is unsuccessful by reason of not meeting the Target Amount; or

      2. art:i:curate cancels the Campaign or the Pledge.

  6. EXHIBITIONS AND SALE OF THE WORK

    1. If a Campaign reaches the Target Amount the Work may, unless already sold on to a buyer on art:i:curate’s Website, be displayed and sold at an upcoming art:i:curate exhibition or event.
    2. art:i:curate has sole and absolute discretion in deciding whether a Work will be displayed at an exhibition and both the Creator and each of the Co-Producers:
      1. irrevocably consent to art:i:curate displaying the Work in an exhibition; and

      2. will use their best endeavours to procure that the Work is able to be displayed at such exhibitions.

    3. Arrangements for the Work to be displayed at such exhibitions shall be decided by, and be in the sole and absolute discretion of, art:i:curate. If art:i:curate requests that the Work is to be displayed at an exhibition, the Creator shall use its best endeavours to ensure that the Work is available and to provide the Work to art:i:curate (including being responsible for handling and shipping the Work to and from the exhibition venue). If the Work is not securely packed and is damaged during transit, art:i:curate will not take any responsibility to cover the cost and excludes all liability (subject to clause 10). In such circumstances, the Creator acknowledges and agrees to be liable for and indemnify art:i:curate for any costs in relation to
      1. any damage to the Work;

      2. any return shipping costs;

      3. compensating Co-Producers for any loss of value in the Work.

    4. art:i:curate shall have sole and absolute discretion in deciding the retail price of the Work that is displayed at an exhibition or event organised by art:i:curate. The sale price is normally set at the Target Amount multiplied by 2.5.
    5. Until the Work is sold, the Creator shall be responsible for keeping the Work safe, secure and insured. The Creator further acknowledges and agrees that it will use its best endeavours to use the utmost care when shipping the Work and acknowledges and agrees that when the Work is sold, the Creator shall be responsible for the risk in Work at all times whilst it is in transit (regardless of who has organised such transit).
    6. If a Work is sold after a Co-Production Agreement comes into existence, the proceeds of such sale shall be split so that, after the payment of the art:i:curate fees and the payment processing fees, the Creator shall receive 30% of the proceeds of sale and the Co-Producers shall receive 70% of the proceeds of sale (split pro-rata as against the proportion that each Co-Producer Pledged).
  7. ART:I:CURATE FEES

    1. art:i:curate shall charge a fee of 10% (excluding VAT) of the Target Amount when a Campaign reaches the Target Amount. This fee shall be paid immediately to art:i:curate when the Target Amount has been reached. After the payment processing fees have been paid, the remaining money shall be transferred to the Creator’s Stripe Account within 30 days.
    2. If a Work is sold after the Target Amount has been reached, art:i:curate shall charge a fee of 10% (excluding VAT) of the price at which a Work has been sold.
    3. If the Work is sold through the Website, the art:i:curate fee shall be paid immediately to art:i:curate when the buyer has paid for the Work. After the payment processing fees have been paid, the remaining money (i.e. net of the art:i:curate fee and the payment processing fees) shall be transferred to the Creator and each Co-Producer in the proportions as set out in the Co-Production Agreement within 30 days via PayPal or bank transfer.
    4. If the Work is sold at an exhibition, the art:i:curate fee shall be paid immediately to art:i:curate when the buyer has paid for the Work and the remaining money (i.e. net of the art:i:curate fee and the payment processing fees) shall be transferred to the Creator and each Co-Producer in the proportions as set out in the Co-Production Agreement within 30 days via PayPal or bank transfer.
  8. DISCLAIMER AND LIABILITY

    1. art:i:curate does not accept any responsibility for anything stated by a Creator, whether in the Campaign Description or otherwise. In the event that a Campaign Description submitted by a Creator is deliberately misleading or unlawful, that Campaign shall be cancelled and any money pledged shall be cancelled.
    2. art:i:curate’s due diligence into a Creator is limited only to the Campaign Description and the Creator’s submitted profile application (which may include, but is not limited to, the Creator’s curriculum vitae and a list of exhibitions in which the Creator has had its works exhibited). art:i:curate makes no warranty or representation and assumes no liability in respect of the Creator or the content of any Campaign Description and Co-Producers both acknowledge and agree that art:i:curate’s approval of a Campaign Description in relation to a Campaign is not an approval of the Campaign Description in general, and that no inference shall be made to the same.
    3. art:i:curate is not liable for any damages or loss incurred relating to Campaigns. Both Creators and Co-Producers acknowledge and agree to release art:i:curate, its officers, employees, agents, and successors from any legal claim, whether known or unknown, arising out of their use of the Website or any Campaign.
  9. GENERAL

    1. Creators are advised not to take any action in reliance of a Campaign reaching the Target Amount until Pledges have been transferred to the account that the Creator is using pursuant to clause 6.2(c).
    2. art:i:curate reserves the right to cancel/reject a Pledge from a Co-Producer for any reason and at any time.
    3. art:i:curate reserves the right to cancel, interrupt, suspend, and remove a Campaign for any reason and at any time. art:i:curate shall not be liable for any damages as a result of any action taken under this clause.
    4. Save for as set out in these Co-Producing Terms, nothing in these Co-Producing Terms is intended to or shall be deemed to, establish any partnership or joint venture between any party or constitute any party the agent of another party.
    5. Apart from art:i:curate and its subsidiaries (as defined under the Companies Act 2006), no person shall have any rights under or connection with the User Terms under the Contracts (Rights of Third Parties) Act 1999.
    6. If a Creator or Co-Producer has any questions regarding a Campaign, it may view our Help page or alternatively contact us on [email protected].
    7. These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    8. Users irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).

Last modified 15 July 2015.

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