Artists terms

Allegrarte (“Allegrarte,” “we” or “our“) provides a service for selling and purchasing original works of art (“Original Works of Art”) and commercially exploiting digital images of works of art (“Digital Works”), (Original Works of Art and Digital Works hereinafter called together the “Services“) through our website, accessible at www.allegrarte.com (the “Site“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at www.allegrarte.com/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services as well as the sales and promotion of Original Works of Art and Digital Works created by yourself as an artist and constitute a binding legal agreement between you and Allegrarte.

As an artist, you may submit listings for Original Works of Art that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As an artist you may also submit listings for Digital Works that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Allegrarte with all the information requested on the applicable page of our Site (hyperlink to page….) and you must comply with any other requirements as identified on such page. Allegrarte reserves itself the right to refuse any listings that do not comply with the guidelines and requirements.

Promotion and discounts

You acknowledge that Allegrarte reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Digital Works relating to the Digital Works. You acknowledge that Allegrarte retains the right to edit, modify or to remove a listing for an Original Work of Art or Digital Work from the Site. You acknowledge and agree that Allegrarte reserves the right to increase or diminish the price of the Original Works of Art and/or Digital Works at its sole discretion as it deemed fit in accordance with its price policy.

Intellectual property rights

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available to Allegrarte for sales through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available to Allegrarte, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available to Allegrarte, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Allegrarte the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor Allegrarte’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. You agree to defend, indemnify, and hold Allegrarte, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any claim based on the infringement of the intellectual property rights related to Original Works and Digital Works that you make available to Allegrarte for sales through the Site and Services.

If you submit listings for Original Works of Art, you hereby appoint Allegrarte as an independent exclusive reseller with the right to resell such Original Works of Art through the Site and Services (collectively “Online Sales”) and you hereby grant Allegrarte a worldwide, transferable, nonexclusive, right and license, with a right to sublicense and to appoint third party contractors, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Allegrarte, the Site and the Services. 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, if any, will be in the form of the payment of the purchase price of the Original Work of Art or Digital Works by Allegrarte as agreed between you and Allegrarte on basis of a separate contract of consignment. You acknowledge and agree that the payment of the purchase price shall only and exclusively be payable only upon the sale of Orginal Work of Art or Digital Works via the Site.

If you submit listings for Digital Works, you hereby appoint Allegrarte as an independent exclusive reseller with the right to resell such Digital Works via Online Sales channels and you hereby grant Allegrarte a worldwide, transferable, nonexclusive, right and license, with a right to sublicense and to appoint third party subcontractors, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Digital Works via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed for the purpose of promoting Allegrarte, the Site and the Services. 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, if any, will be in the form of the payment of the purchase price of the Original Work of Art or Digital Works by Allegrarte as agreed between you and Allegrarte on basis of a separate contract of consignment. You acknowledge and agree that the payment of the purchase price shall only and exclusively be payable only upon the sale of Orginal Work of Art or Digital Works via the Site.

Collecting payment, transport and insurance

Allegrarte and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. Allegrarte and/or its third party service providers will be responsible for transport of the Original Work of Art or Digital Works to the purchaser.

You acknowledge and agree that you will adhere by the terms and conditions of the insurance policy taken by Allegrarte for the transport of your Original Work of Art or Digital Works.

You acknowledge and agree that in case of theft or damage of your Original Work of Art or Digital Works during the term of custody of your Original Work of Art or Digital Works by Allegrarte, your sole and exclusive compensation for the damage will be the indemnity if and when paid by the insurance to Allegrarte.

You acknowledge and agree with the deductible or excess as mentioned in the insurance policy taken by Allegrarte which is equal to an amount of 10% (ten percent) of the insured value of the art work with a minimum of 250€ and a maximum of 2.500€ per claim.

Applicable law and jurisdiction

These Terms and any action related thereto will be governed by the laws of Belgium without regard to its conflict of law provisions. The courts of Brussels will be exclusive competent for any dispute in relation to these Terms.

General interpretation clause

In these Terms Belgian legal concepts are expressed in English terms and not in one of the national languages used in Belgium and the concepts described may not be identical to the concepts described by the same English term as they exist under the laws of other jurisdictions. All legal concepts used or referred to in this Agreement should be exclusively interpreted according to their respective meaning under Belgian law.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Allegrarte and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Allegrarte and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Allegrarte’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Allegrarte may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

General

The failure of Allegrarte to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Allegrarte. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contact

If you have any questions about these Terms, please contact Allegrarte at artistapplication@allegrarte.com.

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