artXibit / artxibit.com is an online art marketplace where galleries can upload their artist’s work for exhibit and sale. artXibit also offers The Index to member galleries. The Index is an online database of artists interested in opportunities such as shows and gallery representation. Through a paid membership, artists are added to The Index, and can upload up to ten pieces of artwork and artwork details. This artwork and information are then searchable on The Index by member galleries who are seeking new talent.
By becoming a Member and registering for The Index, you (the “Artist”) agree to the following Terms of Membership (the “Terms”). These Terms are a legally binding agreement between you and artXibit:
1. Membership Overview; Purposes. The Artist understands that the Artist is registering for membership in The Index, a service of artXibit LLC, provided to member galleries. artXibit will add the Artist’s artwork and information to The Index. artXibit maintains The Index for informational purposes only and is providing no additional services to Artist. artXibit makes no guarantees to Artist that the Artist’s work will be selected for exhibition or gallery representation. artXibit may reject artists and artwork at its sole discretion.
2. Membership Duration: A membership is for either six (6) or twelve (12) months, during which time the Artist’s work will be visible to and searchable by member galleries on The Index. Upon registration, the Artist will be asked to upload up to ten pieces of artwork.
3. Warranty; Permissions. The Artist represents and warrants that the Artist created and possesses unencumbered right, title and interest in and to their artwork and to all aspects of the artwork, that the artwork does not infringe any third party’s intellectual property or other proprietary rights, and Artist’s descriptions regarding the artwork are complete, true and accurate. By uploading the artwork, Artist grants artXibit a license to display the images and information on the artwork on The Index. artXibit will not use the artwork images or information for any purpose other than for display on The Index without the prior written consent of the Artist.
4. Gallery Contact; Potential Representation: If Artist is contacted and/or selected by a member gallery for a show or potential representation, the Artist understands and commits to the following: 1) The Artist will make artXibit aware of the communication and/or selection within 48 hours; 2) the Artist may be requested to ship one to two sample pieces of artwork to the member gallery for confirmation of the quality of the artwork; and 3) the Artist may be responsible for shipping, shipping costs, and insurance on the artwork sent for gallery quality confirmation.
5. Termination of Membership. artXibit may immediately terminate Artist’s membership if Artist breaches these Terms. artXibit also reserves the right to change, suspend, or discontinue Artist’s membership and/or The Index for the Artist (or for all artists) at any time and for any reason (in this event, artXibit will refund Artist the balance of Artist’s membership fee).
6. Disclaimer of Warranties. artXibit makes no warranties to the Artist, whether express or implied, concerning The Index, artXibit.com, or its services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability. artXibit shall not be liable to the Artist for any direct, special, indirect, consequential, punitive, or incidental damages, however caused, whether based on contract, negligence, strict liability in tort, warranty, or any other legal theory, including but not limited to, lost or damaged goods, substitute goods, lost profits, lost revenue, loss of anticipated profits, interruption of business, loss of goodwill, website failure or malfunction, interruption of service, or loss of products or services, in connection with Artist’s membership. If artXibit is held liable for any claims brought by Artist, artXibit’s maximum liability will be the amount Artist paid for Artist’s membership with artXibit.
8. Indemnification. Artist agrees to indemnify and reimburse artXibit for any claims, disputes, suits, actions, damages, or losses demanded, alleged or brought against artXibit based on or arising out of Artist’s actions or breach of these terms.
9. Our Intellectual Property. The name artXibit and its associated names and logos, and the website artxibit.com and its content are proprietary to Artxibit LLC. Artist may not use any property of artXibit without obtaining artXibit’s express prior written consent.
10. Miscellaneous Provisions. These Terms represent the entire agreement between the Artist and artXibit and supersede any other or previous agreements between Artist and artXibit. If any part of the Terms is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other provision of the Terms. A waiver of any breach of any of the Terms shall not be construed as a continuing waiver of other breaches of the same provision or other provisions. The prevailing party shall be entitled to recovery of its reasonable attorney fees and costs in the event of any suit or action filed in connection with these Terms. These Terms shall be governed by the laws of the State Washington.
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