Last Updated: July 21, 2024

Welcome to Queer Art (“Queer Art,” “we,” or “our”). We provide a platform for viewing, selling, and purchasing original works of art, as well as for the commercial exploitation of digital images of art through our website, accessible at www.queerart.es (the “Site”), and other services provided by Queer Art (each referred to as a “Service” and collectively as the “Services”). Please carefully read the following terms and conditions (the “Terms”) and our Privacy Policy.

Certain areas of the Services and certain Services may have different terms and conditions posted or may require you to agree to additional terms and conditions. In the event of a conflict between these Terms and the terms posted for a specific area or Service, the specific terms and conditions for that area or Service shall take precedence.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO AS DESCRIBED BELOW IN THE SECTION TITLED “AGREEMENT TO ARBITRATE.” THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY, REGARDLESS OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

By accessing or using the Services, selling or purchasing a work through the Services, or posting any content on the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, whether or not you have registered with the Services. If you do not agree to these Terms and the Privacy Policy, you are not authorized to access or use the Services.

If you 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 legal entity to these Terms. In such cases, “you” and “your” will refer to that company or entity.

Modifications to these Terms

Queer Art reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms at any time without prior notice. If we modify these Terms, we will post the modification on the Services or provide notice of the modification. We will also update the “Last Updated” date. By continuing to use the Services after modifications are posted or notified, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services. We encourage you to regularly review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue the Services, and restrict or block access to the Services without notice. We may also modify or remove any Original Works of Art, Digital Works, Queer Art Content, or Member Content from the Services at any time without notice, including the removal of any works or content we believe to be objectionable.

Eligibility

The Services are intended for persons 18 years of age or older. Access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 years of age or older.

Privacy

Please refer to Queer Art’s Privacy Policy at https://www.queerart.es/privacy for information on how we collect and use your personal information.

Seller Terms and Conditions

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works you make available through the Services. You represent and warrant that: (i) you are the creator of all Original Works of Art you list; (ii) for Digital Works you list, you are either the sole owner or have all necessary rights to grant Queer Art the rights as outlined in these Terms; and (iii) neither your Original Works of Art nor Digital Works nor Queer Art’s use of them will infringe any third party’s intellectual property rights or violate any applicable law or regulation.

Online Sales

If you submit listings for Original Works of Art, you are selling those works through the Services and third-party websites and sales channels (collectively, “Online Sales”). By doing so, you grant Queer Art a worldwide, transferable, nonexclusive right and license, with a right to sublicense, to use, reproduce, distribute, publicly perform, and display copies of the Original Works of Art via the Sales Channels, as well as to access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Original Works of Art in any form, medium, or technology for promoting Queer Art and the Services. This license is granted on a royalty-free basis, and your sole compensation will be in the form of the Artist Revenue Share, which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

If you submit listings for Digital Works, you will allow Members and other third parties to purchase fine art reproductions of the Digital Works (“Printed Works”) through a print-on-demand service. You grant Queer Art a worldwide, transferable, nonexclusive right and license, with a right to sublicense, to use, modify, reproduce, distribute, publicly perform, and display the Digital Works via Online Sales and other offline channels for promoting Queer Art and the Services. This license is granted on a royalty-free basis, and your sole compensation will be in the form of the Artist Revenue Share, payable only upon the sale of a Digital Work via Online and Offline Sales channels.

Purchaser Terms and Conditions

Purchases of Original Works of Art and Printed Works

As a Member, you may purchase Original Works of Art or Printed Works listed by other Members on the Services. When purchasing through the Services, you are buying directly from the Member who listed the work, not from Queer Art. Prices do not include shipping, handling charges, or applicable taxes (including VAT). Queer Art and/or its third-party service providers will collect your billing and shipping information and process your payment. The terms and conditions of Queer Art’s Return Policy apply to any works purchased through the Services.

Order Cancellations

Queer Art reserves the right to cancel any order for an Original Work of Art or Printed Work if Queer Art determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the listed price. If an order is canceled, you will be notified, and you will not be charged.

Taxes

All prices, commissions, fees, and other amounts are stated in Euros (€) and do not include taxes such as sales, use, VAT, GST, or similar taxes or customs, duties, or tariffs. If you are a seller, Queer Art will withhold the required taxes from payments made to you. If you are a purchaser, applicable taxes will be added to the amounts charged. All transactions will be conducted in accordance with the applicable laws of Spain, including but not limited to, the Spanish General Tax Law and the Value Added Tax Law.

General Prohibitions

You agree not to engage in prohibited activities, including but not limited to: posting infringing, unlawful, or offensive content; using the Services for unauthorized commercial purposes; or attempting to interfere with the Services’ security or operation.

Termination and Account Cancellation

Queer Art reserves the right to suspend or disable your Account or terminate these Terms at its sole discretion and without prior notice to you if you breach any of these Terms. You may cancel your Account at any time by emailing info@queerart.es

Compliance with Spanish Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising from or related to these Terms, the Services, or any transactions conducted through the Services shall be resolved in accordance with Spanish law and will be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

Contacting Queer Art

If you have any questions about these Terms, please contact Queer Art at info@queerart.es.

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