TERMS OF SERVICE

WELCOME TO THE ATELIER-BKLYN WEB SITE LOCATED AT (“HTTP://WWW.ATELIERBKLYN.COM”). THE FOLLOWING TERMS OF USE GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE AND MUST EXIT IMMEDIATELY.

1. INFORMATIONAL AND COMMERCIAL PURPOSES ONLY

THE INFORMATION ON THIS SITE IS FOR INFORMATIONAL AND COMMERCIAL PURPOSES ONLY. WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, ATELIER-BKLYN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE SITE OR SITE MATERIALS.

2. PROPRIETARY RIGHTS

AS BETWEEN YOU AND ATELIER-BKLYN, ATELIER-BKLYN OWNS OR LICENSES ALL DATA, CONTENT, GRAPHICS, FORMS, ARTWORK, PHOTOGRAPHS, FUNCTIONAL COMPONENTS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE AND SOFTWARE CONCEPTS AND DOCUMENTATION AND OTHER MATERIAL ON, IN OR MADE AVAILABLE THROUGH THE SITE, AS WELL AS THE SELECTION, COORDINATION, ARRANGEMENT, AND ORGANIZATION AND ENHANCEMENT OF THE SITE MATERIAL. YOU AGREE NOT TO REMOVE OR ALTER ANY COPYRIGHT NOTICE OR ANY OTHER PROPRIETARY NOTICE ON ANY SITE MATERIALS. UNDER NO CIRCUMSTANCES WILL YOU HAVE ANY RIGHTS OF ANY KIND IN OR TO THE SITE, OTHER THAN THE RIGHT TO USE THE SITE IN ACCORDANCE WITH THESE TERMS AND THE LIMITED FAIR USE DESCRIBED HEREIN. FAIR USE OF COPYRIGHTED MATERIAL INCLUDES THE USE OF PROTECTED MATERIALS FOR NON-COMMERCIAL EDUCATIONAL PURPOSES, SUCH AS TEACHING, SCHOLARSHIP, RESEARCH, CRITICISM, COMMENTARY, AND NEWS REPORTING. UNLESS OTHERWISE NOTED, YOU MAY DOWNLOAD OR PRINT TEXT AND IMAGE FILES FROM THIS SITE SOLELY FOR SUCH PURPOSES WITHOUT ATELIER-BKLYN’S WRITTEN PERMISSION, PROVIDED THAT YOU COMPLY WITH THE FOLLOWING CONDITIONS: (A) THE CONTENT MAY ONLY BE USED FOR PERSONAL, EDUCATIONAL OR NONCOMMERCIAL PURPOSES; (B) YOU MUST CITE THE AUTHOR AND SOURCE OF THE CONTENT; (C) NONE OF THE CONTENT MAY BE ALTERED OR MODIFIED; AND (D) YOU MUST COMPLY WITH ALL OTHER TERMS OR RESTRICTIONS WHICH MAY BE APPLICABLE TO THE INDIVIDUAL FILE, IMAGE OR TEXT.

3. UNAUTHORIZED ACTIVITIES

YOU AGREE THAT YOU WILL NOT USE THE SITE FOR (A) ANY ILLEGAL OR UNAUTHORIZED PURPOSES THAT VIOLATE ANY LAWS (INCLUDING IMPORT, EXPORT AND COPYRIGHT LAWS); (B) MODIFYING, ADAPTING OR HACKING INTO THE SITE OR FOR MODIFYING ANOTHER WEBSITE SO AS TO FALSELY IMPLY THAT IT IS ASSOCIATED WITH ATELIER-BKLYN; (C) UPLOADING, POSTING, HOSTING, OR TRANSMITTING UNSOLICITED EMAIL, SMS, “SPAM” MESSAGES, WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE; (D) CONTACTING ANY OTHER VISITOR OF THE SITE WHO HAS REQUESTED NOT TO BE CONTACTED; OR (E) ATTEMPTING TO GAIN UNAUTHORIZED ACCESS TO ATELIER-BKLYN’S COMPUTER SYSTEM OR ENGAGING IN ANY ACTIVITY THAT INTERFERES WITH THE PERFORMANCE OF, OR IMPAIRS THE FUNCTIONALITY OF THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE.

4. MATERIALS SUBMITTED TO THE SITE

THE SITE MAY ALLOW YOU TO CONTRIBUTE CONTENT, INFORMATION, TEXT, FILES, GRAPHICS, PERSONAL LISTINGS, MESSAGES, POSTINGS, AND OTHER MATERIALS AND INFORMATION FOR ACCESS, USE, AND COMMENTARY BY OTHER VISITORS TO THE SITE (“USER CONTENT”). UPON YOUR SUBMISSION OF USER CONTENT OR OTHER MATERIAL OR INFORMATION TO ATELIER-BKLYN, YOU GRANT ATELIER-BKLYN A WORLDWIDE, PERPETUAL, NON-TERMINABLE, IRREVOCABLE, TRANSFERABLE, LICENSE TO ACCESS, USE, DISTRIBUTE, PERFORM, REPRODUCE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS BASED UPON, AND SUBLICENSE, AND TO PERMIT OTHERS TO ACCESS, USE, DISTRIBUTE, PERFORM, REPRODUCE, DISPLAY, MODIFY AND CREATE DERIVATIVE WORKS BASED UPON THE USER CONTENT, ALL WITHOUT ANY COMPENSATION TO YOU WHATSOEVER. IF YOU BELIEVE THAT ANY CONTENT OR POSTINGS ON THE SITE VIOLATE YOUR INTELLECTUAL PROPERTY OR OTHER RIGHTS, PLEASE FOLLOW OUR COMPLAINT PROCEDURE IN SECTION 11 OF THESE TERMS.

5. PAYMENTS TO THE SITE

BY PURCHASING PRODUCTS ON THE SITE, YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED UNDER YOUR ACCOUNT. IN ORDER TO MAKE A PURCHASE, ATELIER-BKLYN MAY USE THE SERVICES OF THIRD PARTIES.

6. THIRD PARTY WEB SITES AND CONTENT

AS SET FORTH IN SECTION 4 AND SECTION 5, PARTIES OTHER THAN ATELIER-BKLYN MAY PROVIDE PRODUCTS, SERVICES OR CONTENT ON THE SITE, INCLUDING THE TRANSACTIONAL SERVICES. ADDITIONALLY, THE SITE CONTAINS LINKS TO OTHER WEB SITES FOR THE CONVENIENCE OF VISITORS IN LOCATING INFORMATION, PRODUCTS, OR SERVICES THAT MAY BE OF INTEREST. ATELIER-BKLYN DOES NOT RECOMMEND AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE ACCURACY OF THE INFORMATION, OR QUALITY OF PRODUCTS OR SERVICES PROVIDED BY OR ADVERTISED ON THIRD PARTY SITES OR THE TRANSACTIONS YOU CONDUCT OR ENTER INTO WITH THIRD PARTIES. YOUR USE OF THIRD PARTIES’ WEBSITES IS AT YOUR OWN RISK, AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH OTHER WEBSITES. ATELIER-BKLYN DOES NOT ENDORSE ANY PRODUCT, SERVICE, OR TREATMENT PROVIDED ON A THIRD PARTY WEBSITE OR ADVERTISED ON THE SITE.

7. PRIVACY STATEMENT

ANY PERSONAL INFORMATION THAT YOU PROVIDE TO ATELIER-BKLYN ON THE SITE IS SUBJECT TO OUR PRIVACY STATEMENT.

 

8. DISCLAIMER

ATELIER-BKLYN, ITS SUBSIDIARIES, AND AFFILIATES ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY USER MATERIAL, SITE MATERIAL, LINKS, ADVERTISEMENTS OR OTHER ITEMS CONTAINED WITHIN THE SITE. ATELIER-BKLYN RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY USER MATERIAL OR SITE MATERIAL FOR ANY REASON OR FOR NO REASON. ATELIER-BKLYN CANNOT AND DOES NOT REVIEW ALL COMMUNICATIONS MADE ON OR THROUGH THE SITE, BUT, ALTHOUGH NOT OBLIGATED TO, MAY REVIEW, VERIFY, MAKE CHANGES TO OR REMOVE ANY SITE MATERIAL, USER MATERIAL, THE SITE OR THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION WITH THE SITE WITH OR WITHOUT NOTICE IN ITS SOLE DISCRETION. THE SITE, THE SITE MATERIALS, USER MATERIALS AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ATELIER-BKLYN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.

9. LIABILITY

ATELIER-BKLYN AND ITS AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ATELIER-BKLYN HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ATELIER-BKLYN AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ATELIER-BKLYN AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL ATELIER-BKLYN HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

10. INDEMNIFICATION

YOU SHALL INDEMNIFY ATELIER-BKLYN AND ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND LICENSORS (“ATELIER-BKLYN INDEMNITIES”) AGAINST ALL CLAIMS, ACTIONS, SUITS, AND OTHER PROCEEDINGS (“CLAIMS”) ARISING OUT OF OR INCURRED IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE OR SERVICES OBTAINED THROUGH THE SITE, YOUR FRAUD, VIOLATION OF LAW, NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER USE OF THE SITE, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, (EXCEPT TO THE EXTENT ATTRIBUTABLE TO ATELIER-BKLYN), OR ANY BREACH BY YOU OF THESE TERMS AND SHALL INDEMNIFY AND HOLD ATELIER-BKLYN INDEMNITIES HARMLESS FROM AND AGAINST ALL JUDGMENTS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND ATTORNEYS’ DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH SUCH CLAIMS.

11. COMPLAINT PROCEDURES

IF YOU BELIEVE THAT ANY CONTENT OR POSTINGS ON THIS SITE VIOLATES YOUR INTELLECTUAL PROPERTY OR OTHER RIGHTS, PLEASE CONTACT ATELIER-BKLYN AT INFO@ATELIERBKLYN.COM CONTAINING A COMPREHENSIVE DETAILED MESSAGE SETTING FORTH THE FOLLOWING INFORMATION: (A) YOUR NAME AND THE NAME OF YOUR COMPANY, IF ANY; (B) YOUR CONTACT INFORMATION, INCLUDING YOUR E-MAIL ADDRESS; (C) THE NATURE AND SUBSTANCE OF YOUR COMPLAINT, THE SPECIFIC RIGHTS AT ISSUE, AND YOUR BASIS FOR MAKING THE COMPLAINT, INCLUDING THE CONTENT OR POSTING THAT IS OBJECTIONABLE; AND (D) THE FOLLOWING STATEMENT: “THE STATEMENTS, REPRESENTATIONS, AND ASSERTIONS MADE IN THIS MESSAGE ARE TRUE, COMPLETE, AND ACCURATE AND I HAVE THE FULL LEGAL AUTHORITY TO MAKE EACH AND EVERY SUCH STATEMENT, REPRESENTATION, AND ASSERTION AND TO MAKE AND BE GRANTED ANY DEMAND MADE IN THIS MESSAGE.”

12. CHANGES TO THESE TERMS

ATELIER-BKLYN RESERVES THE RIGHT AT ANY TIME TO MODIFY, ALTER OR UPDATE THESE TERMS. YOUR USE OF THE SITE FOLLOWING ANY CHANGES MEANS THAT YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. ANY CHANGE TO THESE TERMS SHALL BE EFFECTIVE AS TO ANY VISITOR WHO HAS VISITED THE SITE BEFORE THE CHANGE WAS MADE. ATELIER-BKLYN RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THIS SITE AND/OR ABILITY TO USE THE SERVICES WITH OR WITHOUT NOTICE FOR FAILURE TO COMPLY WITH THESE TERMS, FOR PROVIDING ATELIER-BKLYN WITH UNTRUE OR INACCURATE INFORMATION ABOUT YOURSELF, FOR INFRINGEMENT UPON ATELIER-BKLYN PROPRIETARY RIGHTS, OR FOR ANY OTHER REASON WHATSOEVER OR FOR NO REASON.

13. GOVERNING LAW AND JURISDICTION

THESE TERMS REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND ATELIER-BKLYN WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDE ANY AND ALL PRIOR AGREEMENTS, EXPRESS AND IMPLIED, AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW RULES. BY ACCESSING, VIEWING, OR USING THE SERVICES, WORKS, CONTENT, OR MATERIALS ON THE SITE, YOU CONSENT AND AGREE TO (A) THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF NEW YORK; (B) ACCEPT SERVICE OF PROCESS BY PERSONAL DELIVERY OR MAIL; AND (C) IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE.

14. SUBMISSIONS TO ATELIER-BKLYN

ATELIER-BKLYN NO LONGER ACCEPTS UNSOLICITED SUBMISSIONS FROM ARTISTS. ALL UNSOLICITED SUBMISSIONS WILL BE DISCARDED AND WILL NOT BE RETURNED TO YOU.

 

15. STRETCHING, SHIPPING & HANDLING

WE ONLY OFFER THE FOLLOWING STRETCHING, SHIPPING & HANDLING FEES. WE ALSO OFFER DROP-OFF SERVICES ON A CASE-BY-CASE BASIS.

 

SHIPPING - U.S. ONLY.

FLAT RATE: 25.00 PER ORDER, 0.00 PER ITEM

SHIPS TO: UNITED STATES

 

STRETCHING & SHIPPING - U.S. ONLY.

FLAT RATE: 225.00 PER ORDER, 0.00 PER ITEM

SHIPS TO: UNITED STATES

 

INTERNATIONAL SHIPPING

FLAT RATE: 45.00 PER ORDER, 0.00 PER ITEM

SHIPS TO THE REST OF THE WORLD.

 

INTERNATIONAL SHIPPING & STRETCHING

FLAT RATE: 245.00 PER ORDER, 0.00 PER ITEM

SHIPS TO THE REST OF THE WORLD.

 

FREE SHIPPING - PRINTS & SKETCHES ONLY

FLAT RATE: 0.00 PER ORDER, 0.00 PER ITEM

SHIPS TO THE REST OF THE WORLD. 

THIS OPTION (FREE SHIPPING) IS VALID ONLY WHEN PRINTS OR SKETCHES ARE PURCHASED, WHEN NO OTHER ITEMS ARE INCLUDED IN YOUR ORDER. WE WILL CONTACT YOU VIA EMAIL AND THEN SEND YOU AN INVOICE CONTAINING THE PROPER SHIPPING FEE IF YOU CHOSE THIS OPTION WHILE OTHER ITEMS OTHER THAN PRINTS AND SKETCHES ARE INCLUDED IN YOUR ORDER. YOUR ORDER WILL NOT BE REFUNDED AND WE WILL RE-LIST YOUR PURCHASED ITEMS FOR SALE IF WE DO NOT HEAR FROM YOU WITHIN TWO (2) BUSINESS DAYS.

IF YOU HAVE ANY ISSUES OR CONCERNS RELATED TO STRETCHING, SHIPPING & HANDLING, PLEASE SEND AN EMAIL TO ATELIER-BKLYN AT INFO@ATELIERBKLYN.COM CONTAINING A COMPREHENSIVE DETAILED MESSAGE SETTING FORTH THE FOLLOWING INFORMATION: (A) YOUR NAME AND THE NAME OF YOUR COMPANY, IF ANY; (B) YOUR CONTACT INFORMATION, INCLUDING YOUR E-MAIL ADDRESS; (C) THE NATURE AND SUBSTANCE OF YOUR ISSUE OR CONCERN.

 

16. REFUNDS & RETURNS

ALL SALES ARE FINAL. NO REFUNDS, NO RETURNS, NO EXCHANGES.

 

17. SILENT AUCTION TERMS AND CONDITIONS

BY BIDDING IN ATELIER-BKLYN’S SILENT AUCTIONS, EACH BIDDER AGREES TO THESE AUCTION RULES.

ALL SALES ARE FINAL. THERE WILL BE NO EXCHANGES OR REFUNDS UNLESS OTHERWISE NOTED. ALL ITEMS ARE “AS IS.” ATELIER-BKLYN HAS ATTEMPTED TO DESCRIBE AND CATALOG ITEMS CORRECTLY, BUT NEITHER WARRANTS NOR REPRESENTS AND IN NO EVENT SHALL BE RESPONSIBLE FOR THE CORRECTNESS OF DESCRIPTIONS, GENUINENESS, AUTHORSHIP, PROVENANCE OR CONDITION OF THE ITEMS. NO STATEMENT MADE ON THIS WEBSITE, OR MADE ORALLY, OR ELSEWHERE, SHALL BE DEEMED SUCH A WARRANTY, REPRESENTATION, OR ASSUMPTION OF LIABILITY.

THE MINIMUM BID VALUE LISTED IS AN ESTIMATE OF FAIR MARKET VALUE. ITEMS HAVE NOT BEEN APPRAISED UNLESS SO NOTED. THE AMOUNT YOU PAY ABOVE THIS FAIR MARKET VALUE ESTIMATE IS NORMALLY TAX DEDUCTIBLE AS A CHARITABLE CONTRIBUTION. PLEASE CONSULT YOUR TAX ADVISER TO CLARIFY AMOUNT OF DEDUCTION.

PAYMENT FOR ITEMS PURCHASED MUST BE MADE IN FULL AFTER COMMUNICATION IS SENT TO THE HIGHEST BIDDER. ATELIER-BKLYN ACCEPTS CASH, MASTERCARD, VISA, OR A CHECK MADE PAYABLE TO ALAN AINE OR ATELIER-BKLYN. UNLESS SPECIAL ARRANGEMENTS ARE MADE, ANY ITEM LEFT UNCLAIMED, WITHOUT PRIOR ARRANGEMENTS, WILL BE SOLD AND PROCEEDS WILL GO TO ATELIER-BKLYN. ATELIER-BKLYN RESERVES THE RIGHT TO ADD OR WITHDRAW ITEMS, WITHOUT NOTICE, TO OR FROM THE AUCTION.

EACH PERSON BIDDING ASSUMES ALL RISKS AND HAZARDS RELATED TO THE AUCTION AND ITEMS OBTAINED AT THE AUCTION. EACH BIDDER AGREES TO HOLD HARMLESS FROM ANY LIABILITY ARISING INDIRECTLY FROM ATELIER-BKLYN, THEIR ELECTED AND APPOINTED OFFICIALS, MEMBERS AND EMPLOYEES, THE AUCTIONEER(S), THE EVENT ORGANIZERS, SPONSORS, AND/OR VOLUNTEERS CONNECTED WITH THE AUCTION.

ALL AUCTIONS ARE OPEN ONLY TO PEOPLE AGED EIGHTEEN (18) OR OVER, WHO UNCONDITIONALLY AGREE TO BE BOUND BY THE JURISDICTION OF THE US COURTS. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THE AUCTION TERMS AND CONDITIONS. PERSONAL INFORMATION WILL BE TREATED IN ACCORDANCE WITH THE ATELIER-BKLYN NOTICE OF PRIVACY PRACTICES, WHICH IS INCORPORATED BY REFERENCE IN ITS ENTIRETY IN THESE TERMS.

ALL BIDS ARE FINAL AND BINDING. IF A BID IS RECEIVED IN ERROR THEN ATELIER-BKLYN CAN REMOVE THE BID, BEFORE THE CLOSURE OF THE AUCTION, FOR YOU AT THEIR DISCRETION.

BIDS MUST BE IN US DOLLARS; AND BE RECEIVED BY ATELIER-BKLYN BY THE TIME INDICATED AT THE EVENT BY ATELIER-BKLYN. ALL WINNING BIDS MUST BE ABOVE THE MINIMUM PRICE FOR THE ITEM OR AT THE DISCRETION OF ATELIER-BKLYN.

SUCCESSFUL BIDDERS WILL BE NOTIFIED WITHIN TWO (2) DAYS OF THE CLOSING DATE OF THE AUCTION. LATE, INCOMPLETE, UNRECEIVED BIDS, AND BIDS BELOW THE MINIMUM BID PRICE, WILL NOT BE ACCEPTED.

THE SUCCESSFUL BID FOR ANY ONE ARTWORK BEING BID FOR WILL BE THE HIGHEST BID RECEIVED BY THE CLOSING DATE. IN THE EVENT THAT TWO OR MORE BIDS EQUAL THE HIGHEST BID, THE LOT SHALL BE AWARDED TO THE BID RECEIVED FIRST. IN THE EVENT OF ATELIER-BKLYN BEING UNABLE TO CONTACT A WINNING BIDDER WITHIN TWO (2) DAYS OF THE CLOSING OF THE AUCTION, OR IF PAYMENT IS NOT RECEIVED WITHIN FIVE (5) DAYS OF A WINNING BIDDER BEING NOTIFIED, ATELIER-BKLYN RESERVES THE RIGHT TO AWARD THE ARTWORK TO THE NEXT HIGHEST BIDDER. SHOULD THERE BE TWO OR MORE BIDS EQUALING THE NEXT HIGHEST BID, THE LOT SHALL BE AWARDED IN ACCORDANCE WITH THE CONDITIONS ABOVE. ATELIER-BKLYN RESERVES THE RIGHT TO CARRY ON AWARDING THE ARTWORK TO THE NEXT HIGHEST BIDDER UNTIL THE RESERVE IS REACHED.

IF, FOR ANY REASON, ATELIER-BKLYN IS UNABLE TO AWARD AN ARTWORK, ATELIER-BKLYN RESERVES THE RIGHT TO WITHDRAW THE ARTWORK FROM THE AUCTION. ARTWORKS AS DESCRIBED ARE AVAILABLE ON THE DATE OF PUBLICATION AND ARE SUBJECT TO AVAILABILITY. EVENTS MAY OCCUR THAT RENDER AN AUCTION ITSELF IMPOSSIBLE DUE TO REASONS BEYOND ATELIER-BKLYN’S CONTROL. ACCORDINGLY, ATELIER-BKLYN MAY, AT ITS ABSOLUTE DISCRETION, VARY OR AMEND THE AUCTION AND THE ENTRANT AGREES THAT NO LIABILITY SHALL ATTACH TO ATELIER-BKLYN AS A RESULT THEREOF.

ATELIER-BKLYN WILL RUN THE AUCTION IN A FAIR AND CONSISTENT MANNER, HOWEVER – FOR THE AVOIDANCE OF DOUBT, ATELIER-BKLYN’S DECISION IS FINAL AND FOR ANY BID TO BE COUNTED MUST BE RECEIVED BY ATELIER-BKLYN BEFORE THE CLOSE OF THE AUCTION.

 

18. COMMISSIONS

ATELIER-BKLYN HAS THE RIGHT TO PURSUE DAMAGES UNDER UNITED STATES COPYRIGHT LAW TITLE 17, SHOULD THEIR EXIST A VIOLATION IN ADDITION TO A BREACH OF THESE TERMS OF SERVICE. ATELIER-BKLYN WILL NOT REPRODUCE A COPYRIGHTED IMAGE OR CHARACTER WITHOUT CONSENT OF ITS COPYRIGHT OWNER, AND AS IT PERTAINS TO UNITED STATES COPYRIGHT LAW TITLE17.

ATELIER-BKLYN RESERVES THE RIGHT TO REJECT ANY COMMISSION FOR ANY REASON.

THE CUSTOMER MUST CLEARLY SPECIFY THE CONTENT OF THEIR COMMISSION AND PROVIDE CONCISE VISUAL REFERENCES AND/OR DESCRIPTIONS OF THE COMMISSION TO THE BEST OF THEIR ABILITY PRIOR TO REACHING AN AGREEMENT. A COMPLEX COMMISSION WILL INCUR ADDITIONAL FEES, TO BE DEFINED AND AGREED UPON BEFORE THE START OF WORK.

IF THE COMMISSION IS FOR COMMERCIAL PURPOSES, ATELIER-BKLYN MUST BE NOTIFIED PRIOR TO THE START OF WORK. COMMERCIAL USE OF COMMISSIONS WILL BE DECIDED ON A CASE-BY-CASE BASIS. A NEW TERMS OF SERVICE MUST BE WRITTEN AND AGREED UPON IN A COMMERCIAL PURPOSE COMMISSION AGREEMENT BEFORE THE START OF WORK.

IF THE COMMISSION IS TIME-SENSITIVE, A RUSH FEE MAY BE APPLIED, TO BE DEFINED AND AGREED UPON PRIOR TO THE START OF WORK. IF THE COMMISSION IS DEFINED AS CONFIDENTIAL, ATELIER-BKLYN WILL TEMPORARILY DELAY PUBLIC DISPLAY OF THE IMAGE AT THE REQUEST OF THE CUSTOMER.

ATELIER-BKLYN RETAINS ALL THE RIGHTS TO THE COMMISSIONED ARTWORK AND MAY DISPLAY ALL COMMISSIONED WORK ON ANY PERSONAL WEBSITE, GALLERY, OR JOURNAL; INCLUDING THE RIGHT TO MAKE PRINTS AND MERCHANDISE. ATELIER-BKLYN MAY RECYCLE SKETCHES AND PREPARATORY WORKS THAT WERE REJECTED AND/OR ACCEPTED BY THE COMMISSIONER, FOR OTHER COMMISSIONS OR PERSONAL WORKS.

THE CUSTOMER MAY NOT INCORPORATE THE COMMISSION IN OTHER WORKS OF ART. UNDER NO CIRCUMSTANCES MAY THE CUSTOMER SUBMIT A COMMISSION TO ANY KIND OF ONLINE OR OFFLINE CONTEST WITHOUT ATELIER-BKLYN'S CONSENT.

THE CUSTOMER MAY REQUEST A PREVIEW OF THE COMMISSION AT ANYTIME AFTER THE START OF WORK BUT MAY NOT REQUEST CHANGES. ATELIER-BKLYN RESERVES THE RIGHT TO REJECT CRITIQUES OR SUGGESTIONS PERTAINING TO ARTISTIC SKILL OR STYLE PREFERENCE (I.E. ANATOMY, COLORING STYLE, ETC.) IF SAID CRITIQUE REDUCES THE ARTISTIC QUALITY OF THE ARTWORK.

PAYMENT OF 50% OF THE AGREED PRICE OF THE COMMISSION IS REQUIRED BEFORE START OF WORK. ALL PRICES ARE EXPRESSED IN U.S. DOLLARS (USD). THE CUSTOMER IS RESPONSIBLE FOR PROVIDING THE CORRECT AMOUNT, EQUAL TO THE USD AMOUNT. ATELIER-BKLYN'S PREFERRED METHOD OF PAYMENT IS VIA PAYPAL AND/OR CASH. OTHER PAYMENT METHODS CAN BE MADE AVAILABLE TO THE CUSTOMER UPON REQUEST.

ATELIER-BKLYN RESERVES THE RIGHT TO ISSUE NO REFUNDS OF WHAT THE CUSTOMER HAD ALREADY PAID AND CANCEL THE COMMISSION DUE TO POOR COMMUNICATION, RUDE OR INAPPROPRIATE BEHAVIOR, OR THE INABILITY TO COMMUNICATE EFFECTIVELY. IF THE CUSTOMER WISHES TO CANCEL THE COMMISSION AT ANY MOMENT AFTER THE START OF WORK, THEY WILL NOT BE REFUNDED WHAT THEY HAD ALREADY PAID.

ATELIER-BKLYN ENSURES THE CUSTOMER WILL RECEIVE EMAIL UPDATES ON COMMISSIONS WHEN NECESSARY. ATELIER-BKLYN ENSURES COMMUNICATION VIA EMAIL OR PHONE WITHIN TWO DAYS OF CONTACT WITH THE CUSTOMER.

ATELIER-BKLYN HAS THE RIGHT TO REVOKE ACCESS TO, AND STOP WORK OF, THE COMMISSION AT ANY TIME AFTER START OF WORK IF THESE TERMS OF SERVICE ARE BREACHED. BY SENDING PAYMENT, THE CUSTOMER AGREES TO THE ABOVE TERMS.

 

19. MISCELLANEOUS

THE SITE IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 18. THE SITE IS CONTROLLED AND OPERATED FROM WITHIN THE UNITED STATES. WITHOUT LIMITING ANYTHING ELSE, ATELIER-BKLYN MAKES NO REPRESENTATION THAT THE SITE, SITE MATERIALS, USER MATERIALS, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS AVAILABLE ON, IN, OR THROUGH THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEY ARE ILLEGAL IS PROHIBITED. THE WAIVER OR FAILURE OF ATELIER-BKLYN TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED HERE UNDER SHALL NOT BE DEEMED A WAIVER OF SUCH RIGHT IN THE FUTURE OR A WAIVER OF ANY OF OTHER RIGHTS ESTABLISHED UNDER THESE TERMS. NO PERSON OR ENTITY NOT PARTY TO THIS AGREEMENT WILL BE DEEMED TO BE A THIRD PARTY BENEFICIARY OF THESE TERMS OR ANY PROVISION HEREOF. WHEN USED HEREIN, THE WORDS “INCLUDES” AND “INCLUDING” AND THEIR SYNTACTICAL VARIATIONS SHALL BE DEEMED FOLLOWED BY THE WORDS “WITHOUT LIMITATION.”  

 

LAST UPDATED: aUGUST 10, 2017

COPYRIGHT © 2017 ATELIER-BKLYN; ALL RIGHTS RESERVED