Rtzee acts as a service provider for Artists looking to sell their original artwork/s, and those individuals interested in purchasing artwork/s, through an online gallery.
The Rtzee.com website is operated by Wendy Eriksson.
Capitalised terms in this Agreement will have the following meanings:
|Artist||Artist means any person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Rtzee website or mobile application.|
|Purchaser||Purchaser means a person or entity that is a recipient of a good or service provided by Rtzee via an online transaction.|
|Member||Member means a person who has an Artist or Purchaser account on the Rtzee website.|
|User||User means a person who uses a computer or network service to browse the Rtzee website.|
|Content||Content means the textual, visual or aural content that is encountered as part of the User experience on the Rtzee website. It may include—among other things—text, images, sounds, videos and animations. It includes all information posted by any Rtzee member or User.|
|Artwork||Artwork means as any piece of original work that is offered for sale on, or sold via the Rtzee website or mobile application.|
|Copyright||Copyright means the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical content, and to authorize others to do the same.|
|Original||Original means a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.|
|You or Your||You or Your means the Artist, Purchaser, User or Member of the Rtzee.com website in association with the Terms and Conditions (“Terms and Conditions”).|
|We, Our and Us||We, Our and Us means Rtzee.|
Rtzee services and freights to UK addresses only. Artworks posted, or purchases made from other countries will not be accepted.
The User represents and warrants that the User is of sufficient legal age to use the Rtzee website and mobile application to create binding legal obligations for any liability incurred as a result of the use of the rtzee.com website or mobile application. The User agrees to be responsible for all use of the Rtzee website and mobile application, including the username and password.
All Members of the rtzee.com website must be 18 years of age or over.
The User agrees that they reside in the UK. (England, Scotland, Northern Ireland, Wales)
All Members must maintain valid and complete contact details, including name, billing and delivery addresses, contact information and a valid email address.
The Artist is responsible for ensuring that the Artist’s Bank Account details are current in their Rtzee account, so that payment can be processed to them without interruption.
The Rtzee.com website must not be used for any illegal or un-authorised purpose. No changes are permitted to the rtzee.com website. Advertisements or links to other websites are not permitted without written permission from Rtzee.
For taxation purposes only, Rtzee acts purely as an agent to the Artist to facilitate the sale of artworks via the rtzee.com website and mobile application.
The Artist’s relationship with Rtzee is that of principal and agent for taxation purposes. Neither the Artist nor Rtzee has (nor may it represent that it has) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.
Nothing stated in this Agreement must be construed as constituting the Artist and Rtzee as partners, or as involved in a joint venture, or as creating the relationship of employer and employee, franchiser and franchisee, or master and servant between the parties.
Rtzee shall have the right to cancel any order placed on the rtzee.com website, at any time prior to the delivery of the Artwork, without assigning any reason whatsoever.
Errors or Omissions
Rtzee shall assume no responsibility for any errors or omissions that may occur in the description, pricing or other content related to the Artwork.
Rtzee only permits original unframed 2D artworks. Rtzee does not allow electronically produced mediums or digitally enhanced artworks or other artworks created and/or modified by computer including photography. Nudes are not accepted on the rtzee.com website at this time.
The Member posting an artwork for sale must be the Artist that created the artwork and must retain full and sole copyright of the artwork and the artwork must be an original.
The following is a non-exclusive list of actions and content that are prohibited on the rtzee.com website. Rtzee may cancel any Membership associated with such actions or content or may remove any associated Member’s webpage with or without prior notice, in its sole discretion…
We do not allow Artworks that depict adult or pornographic content; is contrary to customary standards for content suitable for public display.
We do not allow nudity, pornography, and sexual content of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws.
We do not allow any content that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples’ private information.
We do not allow content that promotes, encourages, or provides instructional information about illegal activities.
We do not allow hate propaganda or hate mongering, swearing, or fraudulent content or activity.
Artwork images may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene or pornographic content or in any otherwise illegal manner.
Removal of Content
Rtzee has the right, but has no obligation to, remove any content posted at its absolute discretion. Rtzee does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the User’s own risk.
All rtzee.com website prices are in Pounds Sterling £ and are not inclusive of VAT.
All content on the rtzee.com website is subject to Rtzee and/or Artist copyright.
No content can be used without prior written permission from either Rtzee or the Artist, whichever applies.
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
Limitation of Liability
In no event will Rtzee be liable for any losses or damaged incurred by You, whether direct, indirect, incidental, special, exemplary or consequential, including lost or anticipated profits, savings, interruption to business, loss of business opportunities, loss of business information, the cost of recovering such lost information, the cost of substitute intellectual property or any other pecuniary loss arising from the use of, or the inability to use, the rtzee.com website regardless of whether You have advised Us or We have advised You of the possibility of such damages, Our aggregate liability in respect of any and all claims will be limited to one hundred (£100) pounds sterling. The foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract (including fundamental breach or breach of a fundamental term).
Neither You nor We may institute any action in any form arising out of this agreement more than on (1) year after the cause of action has arisen, some provinces do not allow the exclusion of limitation of incidental or consequential damages so the above exclusions may not apply.
To the maximum extent permitted by law, Rtzee shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; or (c) unauthorised access, use or alteration of Your transmissions or content. In no event shall Rtzee’s aggregate liability for all claims relating to the products exceed one hundred UK pounds sterling (£100.00).
The User assumes all responsibility and risk for the use of the rtzee.com website including and without limitation any of the content or information contained therein. Rtzee accepts no liability for any failure to comply with these Terms and Conditions of Use.
You acknowledge that Rtzee possess valuable confidential and proprietary information, including business practices, which would be damaging to Rtzee if revealed in open court. You further acknowledge and agree that it is preferable to resolve all disputes between Us and You confidentially, individually and in an expeditious and inexpensive manner. Rtzee and You accordingly acknowledge and agree that private dispute resolution is preferable to court actions. Before commencing any arbitration in the manner set out below, We and You shall first attempt to resolve any dispute or differences between the both of us by way of good faith negotiation. The good faith negotiation shall commence by each of Us and You communicating Our position regarding the complaint, claim, dispute or controversy to the other party, and how the both of us should resolve the dispute. We and You shall then make good faith efforts to negotiate a resolution of the claim, dispute or controversy. Neither We nor You shall commence any arbitral proceedings unless and until the good faith negotiation fails.
Disputes & Release
Rtzee is released from any claims arising from disputes between Users and Members of the website or mobile application, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.
Refusal and Termination of Service
Rtzee reserves the right to refuse service to anyone at any time and at its absolute discretion.
Rtzee reserves the right to modify, terminate or suspend Member accounts, at any time, at its discretion, and without prior notice.
The term of this Agreement will commence at the time that the User browses the Rtzee.com website and shall cease when the website is no longer used.
Notwithstanding anything herein to the contrary, We shall not be liable for any delay or failure in performance caused by circumstances beyond Our reasonable control.
Relationship of the Parties
This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Except as expressly provided in this Agreement, neither Us nor You will have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.
It is always wise to run an anti-virus program on all content downloaded from the internet. We cannot accept any responsibility for any loss, disruption or damage to Your data or Your computer system which may occur whilst using content derived from rttzee.com.
In no event shall Rtzee be liable for any cost or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use this website. It is Your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page set up by Rtzee is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. Consult Your own legal or tax advisor with respect to Your personal situation.
Rtzee cannot guarantee that the hyperlinks, pointer or other linking functions (hyperlinks) set out on the rtzee.com website will be accurate at the time of Your access. We cannot and do not monitor the sites linked to Our pages on the Internet. Accordingly, Rtzee assumes no responsibility for the content of any sites referenced to by any hyperlink or otherwise. You may not provide hyperlinks to this website without prior written consent of Rtzee.
Personal Data Export and Erasure
If you would like your personal information to be deleted please send an email to email@example.com requesting us to do so.
When accessing or making use of any service provided on rtzee.com website You may not:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.
Post or transmit any information or software which contains a virus, worm, Trojan horse or other harmful component; restrict or inhibit any other User from using the website.
Post, publish, transmit, reproduce, distributor exploit any information, software or other content obtained through rtzee.com website for commercial purposes other than expressly permitted.
The User acknowledges that the Rtzee service or the rtzee.com website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Rtzee’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Rtzee does not warrant that any Members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. Rtzee does not warrant that all uploaded content will be available on the rtzee.com website. If Rtzee elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.
It is the responsibility of the User to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
Rtzee does not accept responsibility for any loss or damage, however caused (including through negligence), that Users may directly or indirectly suffer in connection with their use of the rtzee.com website or any linked website, nor does it accept any responsibility for any such loss arising out of a User’s use of or reliance on information contained on or accessed through this website.
Email Usage and Disclaimer
The information contained in electronic communication sent from Rtzee’s domain and any attachments thereof is confidential and may be privileged. If electronic communication is either intentionally or inadvertently misdirected to an individual or group other than the indicated recipient, such electronic communication should be deleted.
Rtzee requests that the sender of misdirected electronic communication be notified of the situation immediately.
Recipients of misdirected electronic communication should not retain copy or use Rtzee electronic communication for any purpose, nor disclose all or any part of its content to any other person. Electronic communications are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, altered, lost or destroyed. Additionally, although Rtzee takes all reasonable and customary measures to ensure that outgoing electronic communication is free of virus infection, such infection remains a possibility.
Anyone who communicates with Us by electronic communication is taken to accept these risks.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Us from excluding or modifying the application of, or Our liability under, any such condition or warranty, that condition or warranty will be deemed included but Our liability will be limited for a breach of that condition or warranty to one or more of the following:
If the breach relates to goods:
the supply of equivalent goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
If the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Under the Data Protection Act, we have a legal duty to protect any information we collect from You. We do not pass on Your details to any third party unless You give us permission to do so.
This privacy statement only covers the Rtzee website at www.rtzee.com. This statement does not cover links within this site to other websites.
Upon termination, any rights granted by the Artist to Rtzee under this agreement immediately revert to the Artist.
The headings contained herein are purely for clarification purposes and do not from part of this agreement.
Rtzee does not represent or guarantee that the Rtzee service or the rtzee.com website, or any other website that is accessible using a hyperlink from the rtzee.com website will be current, or free from errors or viruses. Rtzee does not represent or guarantee that access to the Rtzee service or these websites will be uninterrupted.
The content and information on the rtzee.com website is provided “as is” and without warranties of any kind, either expressed or implied. Rtzee disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Rtzee does not represent or warrant that any of the information presented on the rtzee.com website or on the Internet generally, will be uninterrupted or error free, that defects will be corrected, or that the rtzee.com website or the server from which it is accessed are free from viruses, worms, Trojan horses or other harmful components.
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.
These Terms and Conditions shall be governed by, and shall be construed in accordance with, English law. The courts of England 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.
All rights reserved.
If You have concerns about the rtzee.com website or the Terms and Conditions, please contact Rtzee via email firstname.lastname@example.org.