These Artists, Sellers and Experts Terms and Conditions of Use ("Artists, Sellers and Experts Terms") are an agreement between You, a user of the website subjektiv.art ("Website") as the Artist, the Seller or the Expert, and Us, Subjektiv LTD, a company registered under the laws of England and Wales under number 14865601, having its registered office at 86-90 Paul Street, London, England EC2A 4NE ("Subjektiv", or "us").

These Artists, Sellers and Experts Terms govern the publication, review and sale of Artworks on the Website. These Artists, Sellers and Experts Terms apply in addition to the General Terms and Conditions of Use.

The Artist shall mean the user who is the original author of the Artwork.

The Seller shall mean the Artist or any other user posting the Artwork for sale.

The Expert shall mean the user providing expert reviews of Artworks.

Subjektiv allows Sellers to post Artworks for sale on the Website, to enter into contacts with prospective buyers, and to perform contracts via the Website.

Subjektiv allows Experts to give qualitative reviews of Artworks and to assist Sellers in promoting Artworks on the Website.

In order to create an Artist's, Seller's or Expert's account, you will first need to register on the Website as a user.

In order to create an Artist's, Seller's or an Expert's account, you will need to provide your first name and surname, your address (street, post code, town, country), nationality, phone number, tax ID, a copy of a government-issued photo identification document and/or other information as prompted by the registration form.

By entering your data in the registration form you represent that it is full and correct.

Sellers may post Artworks on the Website and provide sales offers to users.

The posting of an Artwork on the Website does not constitute a legally binding sales offer for concluding a sales contract. Instead, it constitutes a non-binding invitation to request a sales offer from the Seller.

For each Artwork posted on the Website, the Seller shall indicate its status (available for sale / unavailable for sale). Subjektiv may send Sellers requests to update the Artwork status; the Seller shall respond to such request with the correct Artwork status within 5 business days. If the Artwork is sold, stolen or damaged, the relevant information shall be added to the Artwork history by the Seller or other rightful owner of the Artwork if the Artwork is not offered for sale.

Once the Artwork is posted on the Website, it shall remain on the Website indefinitely and shall not be deleted from the Website. The deletion of a user's account shall not affect the Artwork posted on the Website by that user or the review given by that user on the Website.

The Seller alone is responsible for the content of Artworks posted on the Website and for the correctness, accuracy, reliability, actuality, appropriateness and/or completeness of the information and offers posted by them on the Website. If the Artwork is a copy rather than an original work of art, the Seller shall clearly indicate so in the Artwork description.

Any Artwork uploaded by the Seller shall pass moderation before it is posted on the Website.

The following are the examples of the content that is not allowed on the Website:

1) is patently abusive and offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person; and/or

2) infringes, violates, or misappropriates any third-party right and/or applicable law in any other way, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

If the Artwork contains any prohibited content it will not be allowed on the Website and will be completely removed from the Website.

By posting an Artwork on the Website the Seller represent and warrants that:

Experts may provide qualitative reviews of Artworks.

If an Expert receives a request for review from the Artist, they shall accept or deny the request within 48 hours of receipt of the request. If an Expert accepts the request, they shall publish their review within 96 hours, which term may be prolonged by additional 2 days.

Sellers, Experts (if involved) and buyers shall enter into sales contracts directly on the Website using the escrow service or the smart contract service. Subjektiv shall assist the parties in performing their contractual obligations by providing them the escrow or the smart contract functionality. However, Subjektiv does not become a party to a sales contract concluded between the Seller, the Expert (if involved) and the buyer.

For each contract concluded via the Website, Subjektiv is entitled to a transaction fee calculated according to the current fees list (available on the Website). The transaction fee shall be automatically deducted from the purchase price. Delivery of the Artwork shall start only after the transaction fee is received by Subjektiv.

In cases b) - d) the transaction fee shall be paid by the Seller directly to Subjektiv by the time the Item is provided to the delivery service.

If the Artwork posted on the Website is sold by means other than directly on the Website, the Seller shall notify Subjektiv within 2 business days about such sale, the purchase price and the name of the buyer.

Unless agreed to the contrary between the Artist and Subjektiv, the Artist, solely for the purpose of posting an Artwork and publication of offers and for the purpose of advertising, marketing and promotion of the Website and Subjektiv services, grants Subjektiv a royalty- free, non-exclusive irrevocable license for the use of the Artist's content (images, texts etc.), unlimited in terms of territory, time or contents, which is also transferable to third parties. Subjektiv shall at all times be entitled to use, edit, and exploit the Artist's content in this respect. This includes, in particular, the right of dissemination and the right of public display solely for the purpose of advertising, marketing and promotion of the Website and Subjektiv services. For the avoidance of any doubt, Subjektiv does not claim the ownership right in any Artwork.

To the fullest extent permitted by law the Seller agree to indemnify and hold Subjektiv, its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, partners, consultants, successors or assignees harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party resulting from or in any way connected with or related to the Seller's use of or conduct on the Website, in particular in case of an alleged or actual infringement of third-party rights and/or the Seller's violation of these Terms and/or any of the representations and warranties set forth above.

When selling Artworks it is important to make sure you’re compliant with all local and international selling laws, including requirements for returns. The applicability of the relevant laws depend on a number of factors, particularly your location, location of your customer and your status as the business or acting in individual capacity. You are solely responsible for compliance with the applicable laws as to consumer’s rights for return of goods and refunds. Subjektiv does not administer customers’ refunds for you, and it is your responsibility to communicate with the customer as to any and all claims relating to quality of the Artwork and refunds.

If the customer has legitimately requested a refund, you will not be refund a transaction fee charged by Subjektiv under section 9 hereof.