Artist Terms And Conditions
These terms and conditions form a legally binding agreement between you and H.O.T.E. the supplier of the Service. Your statutory rights are not affected.
We are: H.O.T.E. 2407 West Hellman Ave, Alhambra, CA 91803 U.S.A.
You are: a user of our services.
“Us/Our/We” means H.O.T.E.
“You/Yours” etc. means you, a user of our services.
“Site/Sites” means web site HOTEART.COM
“Artwork/Artworks” means artwork owned and controlled by You for the purposes of selling through Us
“Service” means the process of displaying/marketing/selling your Artwork through Us
2 Acceptance of Artist
2.1 We reserve the right to accept or decline your application for the exhibit. Your application includes Your acceptance of these terms and conditions.
2.2 You warrant that all information supplied to Us is accurate, and up to date.
2.3 You agree to have Your artworks and descriptive information displayed in our space, on our promotional materials, and on the Website.
2.4 You will inform Us of any changes in the information stored by Us including name, address and contact details, pricing of Artworks, and the sold/damage status of Artworks.
2.5 Your application entry does not guarantee acceptance in the exhibit.
3 Acceptance of Artworks
3.1 We reserve the right to accept or decline Your application for any reason.
3.2 If a sale is made you are entering into a legally binding contract with Us to complete the sale and dispatch the artwork in the agreed time.
4.1 You may market Your Artwork through other channels simultaneously with marketing through Us, provided:
4.1.1 this does not affect Your ability to deliver the Artwork to the Us within the specified time.
4.1.2 You do not offer Your Artwork at a price lower than the price which You are offering it through Us.
4.2 If the Artwork is sold through another channel You will immediately notify us.
5.1 You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is Yours to sell.
5.2 The copyright in the Artwork will remain with You even after ownership of the Artwork is transferred to the Customer.
6 Illustrative Images
6.1 Once accepted. You must supply at least two high-quality digital Images of each Artwork You wish to sell through Us: a Gallery Image and a Detail Image. The Images must be in JPEG format. The Gallery Image will show the entire artwork including frame (if framed). The minimum pixel width of the Gallery image will be 600 pixels. The Detail Image will show a portion of the Artwork to illustrate the grain of the canvas. The width of the Detail Image will be at least 600 pixels.
7 Pricing and Artwork particulars
7.1 You will choose the normal price which the Artwork should be sold for. This price must be inclusive of Your delivery and insurance costs and Our commission. Our commission rate is 50%.
7.2 Once accepted You agree to sell the Artwork at the agreed price.
8 Delivery, packaging and insurance
8.1 You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks.
8.2 You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to Us.
9 Returns and damaged goods
9.1 In the event of the Artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the Artwork.
9.2 You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.
9.3 You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.
10 Payment for Artworks
10.1 Should Your Artwork(s) be sold We will provide a purchase invoice for the Price. The Invoice will be paid by Us after confirmed payment from the patron, and pickup/or delivery of the Artwork(s) to the patron.
11 Ownership of Customer relationship
11.1 You agree that the business relationship between the Customer and Us is entirely owned by Us. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorization from Us. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to Us. You will not pass Your contact details to the Customer, including in Artwork packaging.
12.1 You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.
12.2 We provide this service on an "as-is" basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.
12.3 This Agreement is entered into in Los Angeles County and shall be governed by, and shall be construed in accordance with its laws. The courts shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
12.4 We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists' newsletter.
12.5 Using the service constitutes acceptance of these rules.
All rights reserved.