Art of Reason (AOR) Terms of Use & Conditions

Impressum etc – see below

1. Terms and Conditions

Introduction

Thank you for visiting or signing up to the Art of Reason (‘AOR’) platform www.artofreason.art (the ‘platform’). For your knowledge we have outlined the AOR (‘our’ or ‘us’ or ‘we’) terms and conditions which apply to the platform’s use in as clear and short a document as possible. We urge you to read it in full.

Using The Platform

The Platform

You may use the platform to buy e-ditions of artwork created by artists. This enables you to support the artist like never before by buying and collecting, accessible, affordable and attractive art, from small, curated exhibitions. E-ditions are artworks which use the dART medium and are intended to be seen and enjoyed on most digital screens.

E-ditions via the dART medium also have secure e-thentication protocols built in which act as a proof of provenance and authentication. This means that e-ditions are akin to physical limited edition with a signature and authentication certificate or similar provenance. However, e-ditions are not limited to a local small market because their nature means they can be seen and bought worldwide. What was local and space restricted is now global and universal, as storage or display issues have disappeared with AOR.

Visitors and Users

‘Visitors’ are those who can browse the exhibitions, artworks, artists information etc on the platform. To buy or sell artworks a visitor must become a ‘user’ by signing up to the platform to create an account. Users are those who can then view their purchases on their ‘My Collection’ page and take advantage of other features via their user account. They can, for example, convert dARTs, the medium for the e-ditions into a standard format so it can be seen on most, if not all, modern smart screens e.g. a Samsung Frame television or Apple monitor.

Artists

If you would like to join AOR or learn more about the platform etc, then please see the “For Artists” page on the platform for more information, or please request the Artists Terms document, available in response to a validated request.

Galleries

Please see the “For Galleries” page on the platform for more information, or the Galleries Terms document, available in response to a validated request.

Account Information

The setting up of an account is an important act. AOR requires that you provide accurate and up to date information. Any details which AOR considers inappropriate, offensive or similar will result in the account being suspended and after a consultation process can lead to the account being deleted. It is very important, that the information you give remains correct, accessible and secure. Should this no longer be the case please inform AOR immediately.

Information About You

Whether visitor or user, please see the AOR privacy policy, which explains how we deal with data and protect your privacy. Should these terms not be acceptable then please do not use AOR.

Unauthorised Access

A user must keep their account access details secure and not collect or attempt to collect any personal data of any user or visitor to the platform.

Age & Content Restrictions

Sign up is restricted to those who are 18+ or have reached the age of majority in their location, whichever is higher. A visitor or user is required to ensure that any action possible on the AOR platform is not prohibited or restricted in their country of residence or current location.

Security

AOR will never ask for your password or similar information. Do not give out this information to any party. AOR, nonetheless, reserves the right to request that a user updates their password or similar regularly.

Account Cancellation

You may cancel your account at any time, see account settings. All details will be deleted with your account. Artworks already purchased will be transferred by AOR to separate external account, to which the former user has access. Note, access to the reselling features terminates when a user account is closed, since access to the AOR sales platform is also ended. All funds held in an account and costs will need to transferred before cancellation becomes final. AOR supports artists like never before and always will. A key feature of this is guaranteed commissions on resales. This feature, currently, is only available on AOR managed infrastructure. Cancellation of a user account therefore, protects the artist and other commission beneficiaries, by making it impossible to resell dARTs via other platforms. AOR before cancellation, will engage in a process, to find out any issue that has caused a user to want to cancel. We will always aim to try and resolve any situation so that cancellation is not needed. However, your statutory rights are unaffected by this process.

Updates

To support the general smooth running of the platform, there will be occasional updates to the platforms operating infrastructure and so forth. All efforts will be made to minimise any inconvenience. AOR, nonetheless does not accept any liability for issues created by these updates. If you have an issue at any time please contact us, and we will aim to resolve it as quickly and as effectively as possible.

Selling

The selling of dART based E-ditions by users becomes viable once all of the editions have sold out from the initial offering. It is possible to attempt to sell an artwork before this happens. However, the price guarantee mechanism will ensure that the price is above that of the primary sale price. The selling process means one can sell an artwork publicly or privately. Privately this can be done by the link generated in the sale process. Publicly, this is done via AOR, who adds the artwork to a curated exhibition, within a reasonable period of time. It is not possible to trade artworks for nothing, this is to protect the commission rights of the artist etc. On resales, the AOR fee is charged to the seller, including relevant taxes or charges.

The Price Guarantee

The Price Guarantee (‘the guarantee’) is designed to ensure all sales support the artist and art lovers. The guarantee means that it is not possible to sell an artwork bought on the platform below its original sale price. The guarantee has a guide price feature, to assist a user in selling for the correct price to cover their initial purchase cost. Please note, however, if taxes have been paid then this figure must be included separately. Please refer to the original sale receipt for the total price paid.

Commissions

‘Commissions’ are payments made to the artist and other parties every time an artwork is sold. On the platform it is possible for the artist to set commission rates for every resale. This is to ensure the artist, and parties who may have supported the artist, can receive some recompense. Please note this when a sale is made, especially in regard to resales and the price a user as collector needs to set.

Prices & Taxes

‘Taxes’ refers to all additional fees related to the sale of artwork, e-ditions/dARTs as e-content or services. These fees cover duties, levies or sales taxes etc. The price on the site is given without tax. This is because the final price is determined by the tax location, as determined by the payment system (currently provided by Stripe). If the user is registered for sales taxes, as a business please include these details in the sales process when required. VAT or similar invoices for businesses are available on request, please contact us.

Payments

All payments and receipts are managed for AOR by our trusted, established payment partner, Stripe (see here for more information on Stripe https://stripe.com/en-de). Purchases are managed by Stripe, as a third-party service supplier. Therefore, a user enters into a separate contract with Stripe based on their third-party terms and conditions. Please take the time to read these terms and conditions. To make sales you must signup to a Stripe account. Please note, Stripe’s terms and conditions for this service. These conditions may mean you are unable to make payment or receive payments. Please inform AOR if this situation arises. We regret this and in the future we will aim to offer more alternative payment options. At this time, please accept our apologies if Stripe cannot accommodate your requests. As an AOR user you must abide by any relevant terms and conditions, or other legal agreements Stripe requires. You are responsible for all amounts payable for purchases.

Pricing

Pricing is subject to change at any moment before a sale is complete. When purchasing an e-dition, it is possible to reserve an edition for a certain period of time. This, reservation, however, is not guaranteed until the sale is complete, and you have received the e-dition into your AOR user collection, “My Collection”. Prices are quoted excluding ‘taxes’, see “Prices and Taxes” above for more details.

Refunds & Returns - The Right of Withdrawal

When a user purchases an e-dition of dART, and access it via the platform, the user acknowledges as a result that the user is waiving their automatic statutory right of withdrawal. This is because the user agrees to the content being available and viewable immediately. It is also the result of the nature of a dART, which immediately and permanently, records your purchase in a secure ledger, which is designed to be irrevocable. This feature is crucial in ensuring the unique status of your dART and enables AOR to support artists like never before. Consequently, any purchase requires the user exercises their right of withdrawal and this is done when a user places the tick in the tick box during the sales process. In doing so the user is waiving their rights under the statutory right of withdrawal.

Using The Product

Placing An Order

By placing an order, the buyers expressly consents to the immediate commencement of performance of the contract for the supply of digital content not delivered on a tangible medium. This is because the download is immediately useable and non-refundable, in a manner like a movie download. It is also because of the cutting-edge nature of the product that delivers the art to you in a collectable form. This means unfortunately, that there is some regulatory inertia. Therefore, you as a buyer of a dART acknowledge that by giving this consent, you will lose my right to withdraw from the contract once performance begins, in accordance with Article 16(m) of the Consumer Rights Directive 2011/83/EU and corresponding national regulations.

Copyright and Intellectual Property Rights

Users do not have any copyright or other rights over the artwork. Purchasing an e-diction does not give any copyright or similar rights to the artwork buyer. These rights remain with the artist because they created the artwork. This is a legal and best practice standard for art. Other rights include the right for the artist to be acknowledged as the creator of the artwork and all rights normally associated with authorship of the artwork. These rights will be strictly enforced.

Compatibility

Every effort is made to ensure AOR e-ditions or formats derived from the original dART are compatible with all modern screens etc. However, given the shifting nature of technology, there may be some delay in ensuring compatability. Or, the age of screen may make it impossible to display the artworks. In the unlikely event you experience a problem please let us know and we will endeavour to resolve the issue.

Misuse of Licence

If a user does not abide by the conditions of use and so forth, then their account will be suspended and a case opened. Should the case proven, then the users account will be cancelled, with no compensation or redress. The misuse of any licence or usage rights are taken extremely seriously.

Platform Content

No Visitor or User or other is permitted to distribute, copy, show in public, or make derivative work from art or other material available on the platform, without the express and clear consent of AOR received in writing. If you have any licensing or similar requests, please contact us at care@artofreason.art

Viewing Rights

The user, once they have purchased an e-dition from AOR have the right to display the e-dition or image privately wherever they wish, home, office or similar. This means a user can show the artwork on a screen via AOR or by using the convert feature. Printing is not included in the usage rights, a new usage licence is required for this, if available. Please contact us for details. Public display such as in a reception area, or bar or similar will require a public licence. Please contact AOR for details.

New Features

Over time AOR expects to add new or remove features, from the platform. We expect to inform all users of these changes and where possible give platform users an opportunity to comment on changes. AOR, nonetheless, reserves the right to make any changes as necessary, without notice.

Authentication

AOR reserves the right to include invisible image tracing technology within the e-ditions of dARTs it sells and in other processes. This is to enable us to protect the rights of the artist and so forth.

E-dition Proof of Ownership

The dART medium, allows AOR to give any user a proof of ownership and authentication document and access to that proof. This is available on request, via care@artofreason.art

Exclusive E-ditions

AOR e-ditions - are always small numbered editions. There are no open editions or similar, nor are there equivalent editions available to buy elsewhere. Should you become aware of any, please let us know.

Other Matters

Dispute Resolution

AOR or its parent or related businesses or employees neither commits or is obligated to settle disputes before any alternative dispute resolution entities.

Liability

AOR and its associated and parent company, accept no liability, beyond that required by law, whether it was directly or indirectly, caused by AOR’s act, omission or actions of its agents, employees, shareholders, subcontractors, officers, directors or similar. It is the responsibility of the user to ensure that they are adequately insured again any loss of revenue, data, business, damage, costs, or any other experience which might be deemed damaging. Unless included in these terms and conditions, or by law, then AOR expressly excludes all liabilities and related matters, even when not expressed here.

Jurisdiction

These terms and conditions, are governed by the laws of Germany, and any party using AOR in anyway submits to the exclusive jurisdiction of the state of Berlin, at the court of Charlottenburg.

Contact

AOR is a business name, of Adler and Moriarty UG, Register HRB 299388B

Our VAT number is DE344169533

Conditions

These terms and conditions will be updated with 28 days notice, unless an update is required by law or similar enforcement body or individual.

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