Terms and Conditions AgreementEffective Date: May 30, 2023 This Terms and Conditions agreement ("Agreement") sets forth the terms and conditions for buyers and sellers ("Users" or “users” or “user” or “You” or “you” etc.) accessing and using the Artopium.com website ("Website"), owned and operated by Artopium ("Artopium" or "Company" or “We”). A user that is a seller may also be referred to as a “Creator”. By accessing or using the Website, Users agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use the Website. Please read this Agreement carefully before using the Website. Table of Contents 1. Acceptance of Terms 2. User Eligibility 3. Description of Services 4. Buying and Selling 5. Intellectual Property 6. Privacy and Data Collection 7. Dispute Resolution 8. User Verification and Legitimacy 9. Third-Party Services and Links 10. Limitation of Liability 11. Payment and Fees 12. Modifications to the Agreement 13. Governing Law and Jurisdiction
1. Acceptance of Terms1.1 Agreement To Terms By accessing or using the Website, Users affirm that they have read, understood, and agree to be bound by this Agreement, including any additional terms and conditions and policies incorporated by reference or any future amendments. 1.2 Definitions "Agreement" refers to these terms and conditions, including any amendments or additional agreements that may be incorporated by reference. "Artopium" refers to the website, Artopium.com, and the company that owns and operates the website. "Buyer" refers to any individual or entity who purchases items through the Website. "Creator" refers to any individual or entity who sells items on the Website, including artists, musicians, filmmakers, visual artists, and literary authors. "Item" refers to any physical artwork, music, fashion, video, or book listed and sold on the Website. "Seller" refers to any individual or entity who lists and sells items on the Website. "Website" refers to Artopium.com, the online platform provided by Artopium that allows users to buy and sell items. "You" or "User" refers to any individual or entity that accesses or uses the Website, whether as a buyer or a seller. "Art" refers to any type of physical artwork, including paintings, drawings, etchings, designs, or any other 2D physical art form or media, both original and prints, sculpture, or any other 3D physical artwork, such as dioramas, handmade crafts, or photography. "Music" refers to any form of audio content, including songs, compositions, instrumental pieces, or any other recorded or composed sound, whether in the form of a CD, vinyl record, flash drive, downloadable MP3 file, or FLAC file, as made available on the Website. "Fashion" refers to any type of clothing or fashion article, including but not limited to apparel, accessories, jewelry, shoes, footwear, outdoorwear, and patches, designed, tailored, or created by the seller. "Video" refers to any form of moving visual content, including films, movies, video recordings, or any other audiovisual work, whether in the form of a DVD, Blu-ray, VHS cassette, or other digital formats, as made available on the Website. "Books" refers to any written literary works, including novels, textbooks, poetry collections, non-fiction works, or any other published written content, whether in the form of a spiral-bound, hardbound, or softbound physical book, or as a downloadable PDF file.
2. User Eligibility2.1 Age Requirement Users must be of legal age in their respective jurisdiction to enter into a binding agreement. By accessing or using the Website, Users represent and warrant that they meet the age requirement as determined by the laws of their jurisdiction. 2.2 Capacity to Contract By accessing or using the Website, Users affirm that they have the legal capacity and authority to agree to these terms and conditions and engage in transactions. Users represent that they are not under guardianship, bankruptcy proceedings, or any legal restrictions that would prohibit them from entering into a contract. 2.3 Account Registration To access certain features or services on the Website, Users may be required to create an account. During the registration process, Users agree to provide accurate, current, and complete information as prompted by the registration form. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. 2.4 Prohibited Users Certain individuals or entities may be prohibited from using the Website. This includes but is not limited to competitors, employees, or contractors of Artopium or its affiliates, as well as individuals with a conflict of interest that could compromise the integrity or fairness of the Website. The determination of prohibited users shall be at the sole discretion of Artopium. 2.5 Compliance with Laws By accessing or using the Website, Users agree to comply with all applicable laws, rules, and regulations. This includes, but is not limited to, laws related to age restrictions, intellectual property rights, privacy, and the transmission of data or information. 2.6 User Obligations As a User of the Website, you agree to: (a) Provide accurate, truthful, and up-to-date information during the registration process and throughout your use of the Website. (b) Maintain the security and confidentiality of your account credentials and promptly notify Artopium of any unauthorized access or use of your account. (c) Use the Website only for lawful purposes and not engage in any fraudulent, deceptive, or illegal activities. (d) Comply with the terms and conditions, policies, and guidelines provided by Artopium. 2.7 Account Termination Artopium reserves the right to suspend or terminate User accounts, restrict access to the Website, or take any other appropriate measures if Users violate the user eligibility requirements, breach the terms and conditions, or engage in any prohibited activities. Artopium may exercise this right at its sole discretion and without prior notice.
3. Description of Services3.1 Account Creation Users can sign up for an account on Artopium, enabling them to showcase and sell their creative works. 3.2 Item Listings Creators can create listings for their items, including art, music, fashion, video, and books. These items must be original works created by the Seller, or the Seller must possess the necessary rights and permissions to sell the items. 3.3 Buying and Selling Buyers can browse the listings on the Website and make purchases directly from the Creators. Both Buyers and Creators must have an account on Artopium to participate in the buying and selling process. 3.4 Payment Options Buyers can make payments in USD via PayPal or using Bitcoin. Creators are required to accept both payment methods. Creators must provide a valid PayPal email address to receive payments in USD and a suitable Bitcoin wallet address to receive Bitcoin payments. 3.5 Display and Promotion Artopium reserves the right to use the uploaded content, including images, descriptions, and media files, to display and promote the items listed on the Website for the purpose of facilitating sales. However, Creators retain all copyrights and intellectual property rights to their respective works. 3.6 Transaction Security Artopium holds the funds from a purchase until it can be verified that the item has been received by the Buyer, either through a shipping tracking number or formal confirmation by the Buyer. This ensures a secure transaction process.
4. Buying and Selling4.1 Seller Responsibility 4.1.1 Ownership and Authorization By listing items for sale on Artopium, sellers represent and warrant that they are the original artist or creator of the items being sold or have obtained proper authorization, licenses, or permissions from the original artist or copyright holders to sell the items. 4.1.2 Consequences of Unauthorized Sales Artopium takes the issue of unauthorized sales seriously to maintain the integrity of the platform and protect the rights of artists and copyright holders. Sellers found to be listing items without the necessary authorization may face the following consequences: a) Suspension: In cases where unauthorized sales are identified, Artopium reserves the right to suspend the seller's account temporarily. During the suspension period, the seller will not be able to list new items or engage in any selling activities on the Website. b) Ban: Repeat or severe violations of unauthorized sales may result in a permanent ban from the Artopium platform. A banned seller will no longer be able to access their account or engage in any selling activities on the Website. c) Reporting to Authorities: In situations where the unauthorized sales involve infringements of intellectual property rights or other legal violations, Artopium may report the seller to the appropriate authorities or take legal action as required by law. 4.2 Payment Methods 4.2.1 Accepted Payment Methods Artopium facilitates transactions between buyers and sellers on the Website and supports the following payment methods: a) PayPal: Buyers can make payments using USD through PayPal. Sellers must have a valid PayPal email address linked to their account to receive USD payments. b) Bitcoin: Buyers can also make payments using Bitcoin. Sellers must provide a suitable Bitcoin wallet address to receive Bitcoin payments. 4.3.1 Transaction Settlement Artopium operates solely as a platform to connect buyers and sellers. It is important to understand that Artopium is not an exchange service for converting USD to Bitcoin or vice versa. All sales made in USD will be paid to sellers in USD only. Similarly, all sales made in Bitcoin will be paid to sellers in Bitcoin only. Section 4.3.2 Artopium Not an Exchange or Escrow Service Artopium unequivocally declares that it is not an exchange service or an escrow service. Artopium's role is limited to providing a platform for buyers and sellers to connect and engage in transactions. Artopium encourages all users to thoroughly review the Terms and Conditions and familiarize themselves with the specific roles and responsibilities outlined for buyers and sellers on the platform. It is important for users to understand that Artopium functions solely as a platform, connecting buyers and sellers, and does not provide exchange or escrow services. The following subsections outline the reasons why Artopium is neither an exchange service nor an escrow service: 188.8.131.52 Not an Exchange Service Artopium operates solely as an online platform facilitating the buying and selling of art, music, fashion, video, and books. It does not function as an exchange service, and the following reasons highlight why: a) No Currency Conversion: Artopium does not provide currency conversion services. All transactions on the platform are conducted in the currency specified by the seller. b) No Active Role in Pricing: Artopium does not determine or actively participate in pricing negotiations between buyers and sellers. Prices are set by the sellers themselves, and buyers engage directly with sellers to finalize the terms of the transaction. c) No Control over Market Value: Artopium does not exercise control or influence over the market value or pricing of items listed on the platform. The market value is determined by various factors, including the perceived worth of the item in the art, music, fashion, video, or book industry. 184.108.40.206 Not an Escrow Service Artopium does not function as an escrow service, and the following reasons emphasize why: a) No Custody of Funds: Artopium does not hold funds on behalf of buyers or sellers. Payment transactions occur directly between the buyer and the seller's chosen payment processor. b) No Control over Fund Release: Artopium does not have control or influence over the release of funds from payment processors. The release of funds is subject to the terms and conditions set by the respective payment processors used by the buyers and sellers. c) No Mediation of Disputes: While Artopium provides a dispute resolution process, it is not an escrow service that mediates or arbitrates disputes between buyers and sellers. Artopium's role in dispute resolution is limited to facilitating communication and providing guidance to help users resolve conflicts independently. d) No Control over Shipment: Artopium does not have control over the shipment or delivery of items sold on the platform. The sellers are responsible for the timely and appropriate shipment of the purchased items. 4.4 Ownership and Copyright Both buyers and sellers agree to allow Artopium to use the uploaded content for the purpose of displaying and selling the art, music, fashion, video, or books on the Internet. However, both parties retain all copyrights and intellectual property rights associated with their respective works. See section 5. Intellectual Property. 4.5 Verification of Item Receipt 4.5.1 Confirmation of Receipt Both buyers and sellers agree to participate in the verification process to confirm the receipt of items purchased through Artopium. This process ensures transparency and helps maintain the integrity of transactions on the platform. 4.5.2 Verification Methods a) Shipping Tracking Number: For physical items that are shipped to the buyer, sellers are required to provide a valid shipping tracking number. Buyers and sellers are encouraged to use reputable shipping services that offer tracking capabilities. Buyers can track their shipped items using the provided tracking number to verify delivery. b) Buyer's Confirmation: The item's receipt will be automatically considered confirmed if the buyer has not made a formal complaint about non-receipt within three (3) days from the date when the tracking number indicates the item was delivered. To make a formal complaint, the buyer must do so through the designated complaint process on the Website or provide a written complaint. 4.5.3 Timely Verification Buyers are expected to promptly verify the receipt of items upon their delivery or completion of the transaction. Sellers should ensure that they provide accurate tracking information or promptly confirm the transaction completion when applicable. 4.5.4 Dispute Resolution Disputes between Buyers and Sellers should be resolved through open communication and good faith efforts. Artopium does not provide formal dispute resolution but encourages Users to refer to section 7 for detailed information on the dispute resolution process. It is the responsibility of Buyers and Sellers to address and resolve disputes independently.
5. Intellectual Property5.1 Ownership of Content You, as a creator (musician, filmmaker, visual artist, literary author, etc.), retain full ownership of the intellectual property rights in the content you upload and sell on the Website. This includes copyright and any other applicable rights. 5.2 License to the Website By uploading or submitting your content to the Website, you grant the Website a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly perform, and display your content on the Website for the sole purpose of facilitating sales. This license extends to the platform's necessary sub-licensees and affiliates. 5.3 User Representations and Warranties By uploading and selling your content, you represent and warrant that you have all necessary rights, permissions, and licenses to do so. You further represent and warrant that your content does not infringe upon the intellectual property rights of any third party. 5.4 Prohibited Content You agree not to upload or sell content that infringes upon the intellectual property rights of others or violates any applicable laws or regulations. Additionally, you must adhere to any additional restrictions or prohibitions set forth by the platform, such as the exclusion of explicit or offensive material. 5.5 Reporting Copyright Infringement If you believe that any content on the platform infringes upon your intellectual property rights, you are encouraged to report it promptly. The platform will investigate and take appropriate actions to address valid copyright infringement notices, in accordance with applicable laws. 5.6 DMCA Compliance The platform is committed to complying with the Digital Millennium Copyright Act (DMCA) or similar legislation. It will promptly respond to valid copyright infringement notices received and take appropriate actions, including removing infringing content or terminating the accounts of repeat infringers, as required by law. 5.7 User Obligations As a creator, you are responsible for ensuring that the content you upload and sell on the platform is your original work or that you have obtained all necessary rights, permissions, and licenses. You agree not to upload or sell unauthorized copies of copyrighted material or engage in any form of intellectual property infringement. 5.8 Indemnification You agree to indemnify and hold the platform, its affiliates, and its respective officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses arising out of your breach of intellectual property rights, violation of any laws, or infringement of third-party rights. 5.9 Platform's Content Use You acknowledge and grant the platform the right to use excerpts or samples of your content for promotional purposes, including featuring it in advertisements, on the platform's website, or on its social media channels. Such use will be done with appropriate attribution and solely for promotional and marketing purposes. 5.10 Termination of Infringing Accounts The platform reserves the right to terminate or suspend the accounts of creators who repeatedly infringe upon the intellectual property rights of others, in accordance with its policies and applicable laws.
7. Dispute Resolution7.1 Dispute Resolution Process In the event of any disputes or disagreements between Buyers and Sellers, it is encouraged for both parties to engage in open communication and make good faith efforts to resolve the issue directly. Artopium provides a platform for facilitating transactions but does not intervene in disputes between Users. 7.2 Absence of Artopium's Involvement Artopium does not provide a formal dispute resolution process and shall not be responsible for mediating or resolving disputes between Users. Users acknowledge and agree that any resolution or settlement reached between them is independent of Artopium. 7.3 Absolving Artopium Both Buyers and Sellers absolve Artopium from any responsibility or liability arising from disputes or unsuccessful transactions. Artopium does not guarantee the accuracy, quality, or legality of items listed by Sellers, nor does it guarantee the performance, trustworthiness, or intentions of Buyers. 7.4 Independent Resolution Buyers and Sellers are solely responsible for resolving disputes among themselves. Artopium is not involved in the transaction beyond providing the platform for facilitating the sale. Users agree to release Artopium from any claims, demands, or damages related to such disputes. 7.5 PayPal Dispute Resolution In certain cases, where applicable, Artopium may, at its sole discretion, attempt to assist Users by utilizing PayPal's dispute resolution process. However, Users acknowledge that Artopium makes no guarantees regarding the outcome of such proceedings and shall not be held liable for any results or decisions made by PayPal. 7.6 Buyer's Responsibility Buyers have the responsibility to exercise due diligence when making purchases, including verifying the legitimacy, authenticity, and condition of items. It is recommended that Buyers research Sellers and use third-party verification services, such as background checks or review platforms, to gather additional information before completing a transaction. 7.7 Seller's Responsibilities Sellers are responsible for accurately describing their items, ensuring they have the right to sell the listed products, and fulfilling their obligations in a timely manner. Sellers must comply with all applicable laws and regulations regarding the sale of their items. 7.8 Third-Party Verification Services Buyers are encouraged to utilize third-party verification services, such as background checks or review platforms, to gather additional information about Sellers and their products. Artopium does not endorse or guarantee the accuracy of information provided by third-party services but may provide links or resources for the convenience of Users. 7.9 Risks with Bitcoin Transactions Users acknowledge that purchases made using Bitcoin carry inherent risks. Bitcoin transactions cannot be reversed, and ownership of the seller's Bitcoin wallet cannot be verified by Artopium. Users should exercise caution and conduct thorough research before engaging in Bitcoin transactions. 7.10 Indemnity Users agree to indemnify and hold Artopium and its affiliates harmless from any claims, demands, or damages arising out of disputes, transactions, or interactions on the Website. 7.11 Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Artopium is registered. Any legal actions or proceedings arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
9. Third-Party Services and LinksThe Website may contain links to third-party websites or services that are not owned or controlled by Artopium. Artopium does not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party websites or services.
10. Limitation of Liability10.1 Disclaimer of Warranties Artopium, its affiliates, and their respective directors, officers, employees, agents, partners, and licensors (collectively referred to as "Artopium") make no warranties or representations regarding the accuracy, quality, authenticity, legality, or availability of the art, music, fashion, video, books, or any other items listed on the Website. The use of the Website and any transactions conducted through it are at the user's own risk. Artopium expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. 10.2 Limitation of Liability In no event shall Artopium be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with the use or inability to use the Website, the listed items, or any transactions conducted through the Website. This limitation of liability applies to any claims, losses, damages, or expenses arising out of or in connection with the use of the Website, including but not limited to those caused by any errors, omissions, interruptions, defects, delays in operation or transmission, or any failure of performance, whether based on warranty, contract, tort, or any other legal theory, even if Artopium has been advised of the possibility of such damages. 10.3 Exclusion of Certain Damages To the maximum extent permitted by applicable law, in no event shall Artopium be liable for any loss of profits, data, business, reputation, or business opportunities, whether direct or indirect, arising out of or in connection with the use or inability to use the Website or any transactions conducted through it. 10.4 User's Responsibility Users acknowledge and agree that they are solely responsible for their own actions, including the accuracy of the information provided in listings, the fulfillment of transactions, and compliance with intellectual property rights. Artopium shall not be responsible for any damages, losses, or claims arising out of user conduct or interactions with other users on the Website. 10.5 Third-Party Links and Content The Website may contain links to third-party websites or display third-party content. Artopium does not endorse, control, or assume any responsibility for the accuracy, completeness, legality, or availability of such third-party content. Users acknowledge and agree that Artopium shall not be liable for any damages, losses, or claims arising out of or in connection with the use of such third-party content or websites. 10.6 Force Majeure Artopium shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, governmental actions, wars, strikes, or technical malfunctions. 10.7 Total Liability In no event shall the total liability of Artopium and its affiliates, directors, officers, employees, agents, partners, and licensors, whether in contract, warranty, tort (including negligence), or any other legal theory, arising out of or in connection with the use or inability to use the Website, exceed the amount paid by the user, if any, for accessing or using the Website. 10.8 Governing Law and Jurisdiction Any disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Artopium is registered. The parties agree that any legal action or proceeding arising out of or in connection with this Agreement shall be brought exclusively in the courts of that jurisdiction. Please see section 13. Governing Law and Jurisdiction. 10.9 Indemnity Users agree to indemnify and hold Artopium and its affiliates, directors, officers, employees, agents, partners, and licensors harmless from any claims, demands, losses, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with their use of the Website, their violation of this Agreement, or their violation of any rights of a third party. 10.10 No Liability for User Content Artopium is not liable for any user-generated content, including listings, descriptions, or any other materials provided by users on the website. Users are solely responsible for the accuracy, legality, and compliance of their content, and any claims or damages arising from user-generated content are the responsibility of the respective user. 10.11 No Liability for Third-Party Transactions Artopium is not liable for any transactions, interactions, or disputes between users and third parties facilitated through the website. Artopium does not endorse or guarantee the quality, legality, or authenticity of third-party transactions, and users engage in such transactions at their own risk. 10.12 No Liability for Shipping or Delivery Artopium is not responsible for the shipping, delivery, or fulfillment of items purchased through the website. Sellers are solely responsible for the timely and accurate delivery of their items, and any issues related to shipping or delivery are between the buyer and the seller. 10.13 No Duty to Verify User Information Artopium does not have a duty to verify the accuracy, completeness, or legitimacy of user information provided on the website. Users are responsible for conducting their own due diligence and verifying the identity, reputation, and qualifications of other users before engaging in any transactions.
11. Payment and Fees11.1 Payout Methods 11.1.1 For USD Payouts Artopium will make payouts to sellers in USD using a PayPal account owned by Artopium. Sellers must provide a valid PayPal email address for receiving payments. 11.1.2 For Bitcoin Payouts Artopium will make payouts to sellers in Bitcoin using a Bitcoin wallet owned by Artopium. Sellers must provide a valid Bitcoin wallet address for receiving payments. 11.2 Fees 11.2.1 Fee Structure The fees for sales on Artopium vary based on the type of item sold (such as art, music, fashion, video, or books) and whether it is a tangible or downloadable purchase. The specific fee amounts are outlined in the Fee Chart available on the Artopium website. 11.2.2 Fee Calculation Fees are calculated based on the total transaction amount, including the item price and any applicable shipping charges or additional fees. Sellers should refer to the Fee Chart to understand the specific fees associated with their sales. 11.2.3 Deductions Artopium deducts the applicable fees from the seller's earnings before processing the payout. It is important to note that third-party payment processors may apply their own fees during the payout process. 11.2.4 Third-Party Payout Fees During the payout process, third-party payment processors may charge fees. For example, when receiving payouts in USD through PayPal, PayPal may apply their own fees. Additionally, Bitcoin transactions require a miner's fee, which is a fee charged by the Bitcoin network to confirm and process the transaction. 11.3 Tax Responsibilities 11.3.1 Independent Contractors Sellers on Artopium are considered independent contractors. As independent contractors, sellers are solely responsible for their tax obligations, including reporting and remitting any applicable taxes based on their earnings from sales on the platform. 11.3.2 Tax Compliance Artopium does not account for or collect taxes on behalf of sellers. It is the seller's responsibility to comply with all relevant tax laws and regulations in their jurisdiction and report their earnings as required by law. 11.4 Fee Chart 11.4.1 Fee Information The Fee Chart containing detailed information about the fees applicable to different categories and types of items is available on the Artopium website. Sellers are encouraged to review the Fee Chart to understand the specific fees associated with their sales. 11.4.2 Updates to Fee Chart Artopium reserves the right to modify or update the Fee Chart at its discretion. Any changes to the fee structure will be communicated to sellers through the Artopium website or by email. 11.4.3 Fee Calculation Examples The Fee Chart provides examples and calculations to help sellers estimate the fees associated with their sales based on different scenarios and transaction amounts. 11.5 Payment Disputes 11.5.1 Resolution Process In the event of a payment dispute between a buyer and seller, Artopium encourages both parties to engage in open communication and attempt to reach a mutually satisfactory resolution. Artopium may, at its discretion and to the extent applicable, facilitate the use of the PayPal dispute resolution process. 11.5.2 No Guarantee It is important to note that Artopium's involvement in payment disputes is limited, and the outcome of any dispute resolution process facilitated by Artopium, such as PayPal's dispute resolution, is not guaranteed. 11.6 Recordkeeping 11.6.1 Transaction Records Artopium maintains records of transactions, including payment details and fee deductions, for a reasonable period of time. Sellers can access their transaction history through their Artopium account. 11.6.2 Seller Responsibilities Sellers are responsible for maintaining their own records and accounting for their earnings and associated transactions for tax or other purposes. 11.7 Withholding or Reserves 11.7.1 Artopium's Discretion In certain circumstances, Artopium may exercise its discretion to withhold or place reserves on seller earnings. This may occur in cases where there are suspected fraudulent activities, violation of Artopium's policies, or other relevant factors. 11.7.2 Communication: Artopium will communicate with sellers regarding any withholding or reserve actions taken and the reasons behind such decisions, to the extent possible. 11.8 Payment Security 11.8.1 Secure Payment Processing Artopium takes reasonable measures to ensure the security of payment processing on its platform. However, Artopium cannot guarantee the complete security of payment transactions conducted on the internet. Sellers are encouraged to review Artopium's Payment Security Policy for more information. 11.8.2 Buyer Payment Verification It is the buyer's responsibility to verify the legitimacy and authenticity of the seller and the item being purchased. Artopium is not liable for any issues arising from the seller's actions, non-delivery, or any other transaction-related concerns. 11.9 Entire Agreement 11.9.1 This section on Payment and Fees, along with all its subsections, constitutes an integral part of the Agreement between Artopium and its sellers. It governs the payment methods, fee structure, tax responsibilities, payment disputes, record-keeping, withholding or reserves, payment security, and related matters for sales conducted on the Artopium platform. 11.9.2 By using the Artopium platform as a seller, you acknowledge and agree to abide by the terms outlined in this section regarding payment and fees. 11.9.3 It is recommended that sellers review this section and any associated documents, such as the Fee Chart and Payment Security Policy, periodically for updates or changes.
12. Modifications to the AgreementArtopium reserves the right to modify or amend this Agreement at any time. The updated version of the Agreement will be posted on the Website. Users are responsible for reviewing the Agreement periodically for any changes. Continued use of the Website after modifications to the Agreement constitutes acceptance of the revised terms.
13. Governing Law and Jurisdiction13.1 Applicable Laws This Agreement shall be governed by and construed in accordance with the laws of the United States and the respective states of Colorado and New York, without regard to conflicts of law principles. The Uniform Commercial Code (UCC) as adopted in the states of Colorado and New York shall apply to the extent relevant to the transactions conducted through the Artopium website. 13.2 Colorado Jurisdiction For all disputes arising out of or in connection with this Agreement, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Colorado. Artopium's principal offices are located in Colorado, and this jurisdiction provides a convenient and appropriate forum for resolving any legal matters related to the Agreement. 13.3 New York Jurisdiction In addition to the jurisdiction of Colorado, the parties acknowledge that the server computer that serves the Artopium website is located in the state of New York. Therefore, for any disputes related to the use of the website or arising out of the Agreement, the parties also agree to submit to the jurisdiction of the state and federal courts located in the state of New York. 13.4 Venue The parties agree that any legal action or proceeding arising out of or in connection with this Agreement may be brought exclusively in the state or federal courts located in the jurisdiction specified in Sections 13.2 and 13.3, as applicable. The parties hereby waive any objections to the convenience or propriety of such venue. 13.5 Severability If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it valid, legal, and enforceable, or if it cannot be modified, it shall be severed from the Agreement without affecting the validity, legality, or enforceability of the remaining provisions. 13.6 Waiver of Jury Trial To the fullest extent permitted by applicable law, the parties hereby waive any right to a trial by jury in any legal proceeding arising out of or related to this Agreement. 13.7 Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior agreements, understandings, or representations, whether oral or written. No waiver, modification, or amendment of any provision of this Agreement shall be effective unless in writing and signed by both parties. 13.8 Language In the event of any discrepancy or inconsistency between the English language version of this Agreement and any translated version, the English version shall prevail.