International Buying and Selling; Translation
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement
Authorization to Contact You; Recording Calls
Disclaimer of Warranties; Limitation of Liability
User Agreement, these entities are individually and collectively referred to as
"arthub,", “arthub.ng”, "we," “our”
This website is owned and operated by Moltencore Nigeria Limited.
2. About ArtHub
ArtHub is an online
marketplace that allows users to offer, sell and buy all sorts of visual artworks
and art tools in a variety of pricing formats and locations. While ArtHub may also
offer its own products, it is primarily a platform to facilitate vendor-to-customer
and customer-to-customer transactions.
Any guidance we provide as
part of our Services, such as pricing, shipping, listing, and sourcing is
solely informational and you may decide to follow it or not. Also, while we may
help facilitate the resolution of disputes through various programs, ArtHub has
no control over and does not guarantee: the existence, quality, safety or
legality of items advertised; the truth or accuracy of users' content or
listings; the ability of sellers to sell items; the ability of buyers to pay
for items; or that a buyer or seller will actually complete a transaction or
return an item.
3. Using ArtHub
In connection with using or
accessing the Services you will not:
If we believe you are
abusing ArtHub and/or our Services in any way, we may, in our sole discretion
and without limiting other remedies, limit, suspend, or terminate your user
account(s) and access to our Services, delay or remove hosted content, remove
any special status associated with your account(s), remove, not display, and/or
demote listings, reduce or eliminate any discounts, and take technical and/or
legal steps to prevent you from using our Services.
believe you are violating the policy on Offers to buy or sell outside of ArtHub, you may be subject to a range of actions, including limits on
your buying and selling privileges, restrictions on listings and account
features, suspension of your account, application of fees, and recovery of
expenses for policy monitoring and enforcement. If you are a seller and you
offer or reference your contact information or ask a buyer for their contact
information in the context of buying and selling outside of Arthub, you may be liable to pay a final value fee applicable to that
item, even if the item does not sell.
We may cancel unconfirmed
accounts or accounts that have been inactive for a long time. Additionally, we
reserve the right to refuse, modify, or terminate all or part of our Services
to anyone for any reason at our discretion.
When a buyer or seller
issue arises, we may consider the user's performance history and the specific
circumstances in applying our policies. We may choose to be more lenient with
policy enforcement in an effort to do the right thing for both buyers and
we charge for using our Services are listed on our Selling Fees page.
We may change our seller fees from time to time by posting the changes on the ArtHub
site 14 days in advance, but with no advance notice required for temporary
promotions or any changes that result in the reduction of fees.
are a seller, you are liable for transaction fees arising out of all sales made
using some or all ArtHub Services, even if sales terms are finalized or payment
is made outside of ArtHub. In particular, if you offer or reference your
contact information or ask a buyer for their contact information in the context
of buying or selling
outside of ArtHub, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell,
given your usage of ArtHub Services for the introduction to a buyer.
You must have a payment method on file when selling through ArtHub Services and pay all fees and applicable taxes associated with our Services by the payment due date.
In any jurisdiction where ArtHub
has an obligation to collect sales taxes on sales you make using ArtHub
Services, we may collect such sales taxes from you via the payment method on file
under the terms of the Billing Agreement or via any other means available to
Seller fees don't purchase
exclusive rights to item exposure on ArtHub, whether on a web page, mobile app,
or otherwise. We may display third-party advertisements (including links and
references thereto) or other content in any part of our Services, in our sole
discretion and without consent from, or payment, fee reduction, or other credit
listing an item for sale on ArtHub Services, you agree to comply with the
buying an item on ArtHub Services, you agree to the following:
8. International Buying and Selling; Translation
ArtHub may provide Services
accessible to international sellers and buyers. We may offer certain programs,
tools, and site experiences of particular interest to international sellers and
buyers, such as estimated local currency conversion and international shipping
calculation tools. Sellers and buyers are responsible for complying with all
laws and regulations applicable to the international sale, purchase, and
shipment of items. If you purchase an item on any ArtHub site, you are subject
to the User Agreement of that other Arthub site with respect to that particular
You may list your items directly on one or more of ArtHub's international sites. Additionally, you may direct us to display your listing on ArtHub sites other than the original ArtHub listing site; the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement policy and other related policies, as may apply to that country’s laws.
When you provide content
using the Services (directly or indirectly), you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise any and all Intellectual Property Rights (as
defined above) you have in that content in connection with our provision,
expansion, and promotion of the Services, in any media known now or developed
in the future. To the fullest extent permitted under applicable law, you waive
your right to enforce your Intellectual Property Rights in that content against
ArtHub, our assignees, our sublicensees, and their assignees in connection with
our, those assignees', and those sublicensees' use of that content in
connection with our provision, expansion, and promotion of the Services.
You represent and warrant
that, for all such content you provide, you own or otherwise control all
necessary rights to do so and to meet your obligations under this User
Agreement. You represent and warrant that such content is accurate. You
represent and warrant that use of any such content (including derivative works)
by us, our users, or others in contract with us, and in compliance with this
User Agreement, does not and will not infringe any Intellectual Property Rights
of any third party. ArtHub takes no responsibility and assumes no liability for
any content provided by you or any third party.
We offer product data
(including images, descriptions and specifications) that are provided by third
parties (including ArtHub users). You may use that content solely in your ArtHub
listings. ArtHub may modify or revoke that permission at any time in our sole
discretion. The product data includes copyrighted, trademarked and other
proprietary materials. You agree not to remove any copyright, proprietary, or
identification markings in the product data and not to create any derivative
works based on that data (other than by including the data in your listings).
We try to offer reliable
product data, but cannot promise that the content provided through the Services
will always be available, accurate, complete, and up-to-date. You agree that ArtHub
is not responsible for examining or warranting the listings or content provided
by third parties through the Services, and that you will not attempt to hold us
or our data providers liable for inaccuracies. As a seller, you agree to ensure
that content directly associated with your listings is accurate.
The name "ArtHub"
and other ArtHub marks, logos, designs, and phrases that we use in connection
with our Services are trademarks, service marks, or trade dress of ArtHub in Nigeria
and other countries. They may not be used without the express written prior
permission of ArtHub.
If you believe that your intellectual property rights have been infringed, please notify us via email (firstname.lastname@example.org) or via post (20 Joseph Wayas Close, Legislative Quarters, Apo, Abuja. Nigeria).
ArtHub may share your
service providers may contact you using autodialed or prerecorded calls and
text messages, only as authorized by ArtHub to carry out the purposes
ArtHub may, without further
notice or warning and in its discretion, monitor or record telephone
conversations you or anyone acting on your behalf has with ArtHub or its agents
for quality control and training purposes, or for its own protection.
ArtHub’s automated systems
scan and analyze the contents of every message sent through its messages
platform, including messages between users, to detect and prevent fraudulent
activity or violations of ArtHub’s User Agreement, including the incorporated
terms, notices, rules, and policies. This scanning and analysis may occur
before, during, or after the message is sent, or while in storage, and may
result in your message being delayed or withheld. ArtHub may store message
contents, including to conduct this scanning and analysis.
Privacy of Others;
If ArtHub provides you with
information about another user, you agree you will use the information only for
the purposes that it is provided to you. You may not disclose, sell, rent, or
distribute a user's information to a third party for purposes unrelated to the
Services. Additionally, you may not use user information for marketing
purposes, via electronic or other means, unless you obtain the consent of the
specific user to do so.
ArtHub Returns and Refunds
Most ArtHub sales go
smoothly, but if there's a problem with a purchase, the Arthub Returns and Refunds helps buyers and sellers communicate and resolve issues. You agree
to comply with the policy and permit us to make a final decision on any Arthub Returns and Refunds case.
We may suspend the Arthub Returns and Refunds in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
We try to keep our Services
safe, secure, and functioning properly, but we cannot guarantee the continuous
operation of or access to our Services. Listing updates and other notification
functionality in ArtHub’s applications may not occur in real time. Such
functionality is subject to delays beyond ArtHub's control.
You agree that you are
making use of our Services at your own risk, and that they are being provided
to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly,
to the extent permitted by applicable law, we exclude all express or implied
warranties, terms and conditions including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, and
In addition, to the extent
permitted by applicable law, we (including our parent, subsidiaries, and
affiliates, and our and their officers, directors, agents and employees) are
not liable, and you agree not to hold us responsible, for any damages or losses
(including, but not limited to, loss of money, goodwill or reputation, profits,
other intangible losses, or any special, indirect, or consequential damages)
resulting directly or indirectly from:
Some jurisdictions do not
allow the disclaimer of warranties or exclusion of damages, so such disclaimers
and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold
us (including our affiliates and subsidiaries, as well as our and their
respective officers, directors, employees, agents) harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of your breach of this User Agreement, your improper use of ArtHub's
Services or your breach of any law or the rights of a third party.
You and ArtHub agree
that any claim or dispute at law or equity that has arisen, or may arise,
between you and ArtHub (including any claim or dispute between you and a
third-party agent of ArtHub) that relates in any way to or arises out of this
or previous versions of this User Agreement, your use of or access to the
Services, the actions of Art or its agents, or any
products or services sold or purchased through the Services, will be resolved
in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that the laws in force in the Federal
Republic of Nigeria, without regard to principles of conflict of laws, will
govern this User Agreement and any claim or dispute that has arisen or may
arise between you and ArtHub, except as otherwise stated in this User Agreement.
controversy, claim or dispute arising out of or relating to these Terms and
Conditions of Sale will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator held in Nigeria in
English and governed by Nigeria law pursuant to the Arbitration and
Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended,
replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, ArtHub reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
otherwise provided in this User Agreement, if any provision of this User
Agreement is held to be invalid, void or for any reason unenforceable, such
provision shall be struck out and shall not affect the validity and
enforceability of the remaining provisions. In our sole discretion, we may
assign this User Agreement, and in such event, we will post notice on www.arthub.ng.
Headings are for reference
purposes only and do not limit the scope or extent of such Section. Our failure
to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. We do not guarantee we will
take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.arthub.ng.
Our right to amend the User Agreement includes the right to
modify, add to, or remove terms in the User Agreement. We will provide you 14 days' notice by posting
the amended terms. Additionally, we will notify you by email. Your continued
access or use of our Services constitutes your acceptance of the amended terms.
We may also ask you to acknowledge your acceptance of the User Agreement
through an electronic click-through. This User Agreement may not otherwise be
amended except through mutual agreement by you and an ArtHub representative who
intends to amend this User Agreement and is duly authorized to agree to such an
The policies and terms
posted on our Services may be changed from time to time. Changes take effect
when we post them on the ArtHub Service.
If you create or use an
account on behalf of a business entity, you represent that you are authorized
to act on behalf of such business and bind the business to this User Agreement.
Such account is owned and controlled by the business entity. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and ArtHub, and supersede all prior understandings and agreements of the parties.