Terms & Conditions

Terms and Condition

The Gallery desires to create the foremost online art gallery and marketplace in the world by providing exceptional choices of paintings, drawings, sculptures, photography, prints, etc in a wide range of prices. The Gallery seeks to provide emerging popular artists an online platform to exhibit and sell their work to a global audience on the terms and conditions set forth:-

Period of contract

  • This contract shall be valid for a period of 1 year, subject to periodic assessment of performance of the artists and feedback garnered through sales and buyers.

  • The contract shall be auto-renewed on a yearly basis on the terms and conditions set down in the policies and guidelines of the Gallery.

Responsibilities of Artists

  • Artists who sell originals
    • The Artist shall only upload copyrighted artworks.

    • The Artist shall always make certain that you strictly obey our Packaging Guidelines.

    • The Artist shall be responsible for any defects occurred in packaging.

    • If the originals are sold to any third party, the Artist shall update that information via online before the sale is processed, especially if the artwork is “sold out” or “out-of- stock”.

    • The Artist shall undertake that the original uploaded photo shall not be edited or photoshopped.

    • The Artist shall always capture the same color tone with the original art.

    • The Artist shall respond within 72 hours after the order is placed.

    • The Artist shall follow the guidelines of packaging while placing an order.

    • The Artist shall follow the Guidelines of Photography while uploading an artwork.

    • The Artist understands that the artwork which has been uploaded on the Gallery site, will be used for online events, and that the artists will be ranked as “ArtiStar” in our online art gallery, on a daily, weekly, monthly and yearly basis.

  • Artists who sell Prints:-
    • The Artist understands that if an artwork is enabled as to be printed then it is valid for the sale till it is disabled, by the Artists choice, or for any reason by the Gallery.

    • Artist will receive a fixed percentage of print sales, but the percentage and price of the print will be decided by the Gallery.

    • The Artist understands that, in appropriate circumstances and at its discretion, the Gallery shall disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

  • Packaging
    • The Artists shall ensure that the original artwork is packed in accordance with the guidelines laid down by the Gallery.

    • Any complaints made in regards to packaging shall be for the Artists to settle.

    • The Artist or any other third party engaged by him shall be liable for any losses caused due to faulty packaging.

  • Artwork
    • The photographs and description provided on the Gallery site shall confirm to the original artwork.

    • If any original artwork to be sold on the Gallery site is found to be a forgery the Gallery shall disable and/or terminate the accounts of users who repeatedly are charged with trying to deal with such artwork.

    • The artwork uploaded by an Artist shall only be posted on the site after the approval of an administrator is given to it.

    • Any discrepancy found either by a buyer or a broker in the artwork contrary to the description or photograph shall lead to Gallery in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of the Artist.

  • Payment
    • The Gallery reserves the right to determine the terms of payment (cash, bank card, bank card EMI schemes, deferred or installment). For cash or payment using bank cards, the Gallery shall pay the Artist all proceeds due to the Artist within Thirty (30) days of sale, which shall include the delivery period, as well as the 7 day period for any money back claims.

    • Artists outside India are responsible for any exchange rate charges or bank transfer charges and shall price works accordingly.

  • Claims
    • The Gallery shall release the price paid by the buyer (minus the commission amount deductable), to the Artist, on the 7 th subsequent working day from date of confirmation of delivery, if no claims are raised within a time period of 7 days of delivery.

    • Any claims raised in regards to an artwork, by the buyers shall be addressed within 24 hours of filing of a complaint/return request.

    • If claims are left unaddressed, then the price paid by the buyer shall be returned to their account.

    • If the product received is not as described or shown on the Gallery’s site, then the buyer can request for the return or the replacement of the product, the full amount will be refunded to their account within 7 business days.

  • Commission
    • The following commission/payment terms will apply to each subject Prints sold through the Gallery site - ____% payment to Artist, ___% commission to the Gallery.

    • The Gallery site shall also arrange for ‘Commission Plans’ to be used by Artists selling Originals. Wherein, the Gallery site on a commission of 10%, 20% or 30% shall provide promotion services to ensure sale of the Original artworks.

    • The Artists may also act as ‘Delegates’ in the Gallery site referral system, wherein, any artist introduced by them to the site, and any artwork when promoted by them, if sold, shall earn them 10% commission of the total amount.

  • Promotion
    • The Artist grants the Gallery the right to use or publish images of their work to promote the art exhibits, future call for entries, videos, or the art galleries, along with the Artist profiles. Selected entries may be included in an our online social media pages like, Facebook Page, Google+ page, blog or other social media sites for the purpose of promoting artist and artwork. The artwork may be used for promotional or other purposes. However, only html links along with thumbnail photographs of the Original artworks shall be shared on the social media.

  • Confidentiality
    • The Artist shall during the course of his contract under this Agreement keep all the information in respect of the business and financing of the Company and its dealing transactions and affairs and likewise in relation to its Associates all of which information is or may be confidential.

    • The Artist shall not during or after the period of his contract under this Agreement divulge to any person whatever or otherwise make use of any trade secret or any confidential information concerning the business or finances of the Company or any such information concerning its Associated Companies.

    • All notes and memoranda of any trade secrets or confidential information concerning the business of the Company and Associated Companies or any of its suppliers, agents, distributors or customers which shall be acquired, received or made by the Artist during the course of his contract shall be the property of the Company and shall be surrendered by the Artist to the Company on the termination of his contract or at any time when required by the Company during the course of his contract.

  • Copyright
    • All content included in or made available through any Gallery site service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cushbu or its content suppliers and protected by Indian and international copyright laws.

    • The compilation of all content included in or made available through any Gallery site service is the exclusive property of Cushbu and protected by Indian and international copyright laws.

  • Patents
    • One or more patents owned by Cushbu apply to the Gallery site services and to the features and services accessible via the Gallery. Portions of the Gallery operate under license of one or more patents.

  • Trademarks
    • Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Gallery site service are trademarks of Cushbu in India and other countries.

    • Cushbu's trademarks may not be used in connection with any product or service that is not Cushbu's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cushbu.

    • All other trademarks not owned by Cushbu that appear in any Gallery site service are the property of their respective owners, who may or may not be affiliated with, or connected to, Cushbu.

  • License and access
    • Subject to your compliance with these Conditions of Use and any Service Terms, Cushbu or its content providers grant you a limited, non-exclusive, non- transferable, non-sublicensable license to access and make personal and non- commercial use of the Gallery site services.

    • This license does not include any resale or commercial use of any Gallery site service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Gallery site service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

    • All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cushbu or its licensors, suppliers, publishers, rights-holders, or other content providers.

    • No Gallery site service, nor any part of any Gallery site service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cushbu.

    • You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cushbu without express written consent.

    • You may not use any meta tags or any other "hidden text" utilizing Cushbu's name or trademarks without the express written consent of Cushbu. You may not misuse the Gallery site services.

    • You may use the Gallery site services only as permitted by law. The licenses granted by Cushbu terminate if you do not comply with these Conditions of Use or any Service Terms.

  • Reviews, comments, communications, and other content
    • You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

    • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cushbu reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    • If you do post content or submit material, and unless we indicate otherwise, you grant Cushbu a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, publish, distribute, and display such content throughout the world in any media.

    • You grant Cushbu and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

    • You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cushbu for all claims resulting from content you supply.

    • Cushbu has the right but not the obligation to monitor and edit or remove any activity or content.

    • Cushbu takes no responsibility and assumes no liability for any content posted by you or any third party.

  • Laws & Jurisdiction
    • Any dispute or claim relating in any way to your use of any Gallery site service, or to any products sold or distributed through Cushbu.com and its android and IOS mobile apps, will be resolved by appropriate legal proceedings, except that you may assert claims in small claims court if your claims qualify. The Courts in Cochin, India alone will have jurisdiction to try such legal proceedings.

    • The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    • This Agreement is governed by and shall be construed in accordance with the laws of India.

  • Applicable law
    • By using any Gallery site service, you agree that the applicable law is Indian law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cushbu.

  • Independent Legal Advice
    • The Artist acknowledges that the Gallery has provided the Artist with a reasonable opportunity to obtain independent legal advice with respect to this agreement, and that either:

      • (a) The Artist has had such independent legal advice prior to executing this agreement, or;

      • (b) The Artist has willingly chosen not to obtain such advice and to execute this agreement without having obtained such advice.

  • Liabilities
    • The Artist acknowledges that the Gallery shall not be liable for an infringement of the Intellectual Property rights of the Artist through third parties.

    • The Artist acknowledges that the Gallery shall not be liable to pay any taxes, levies, charges or statutory dues, in relation to the sale of original artwork, and the same shall be paid by the Artist themselves.

    • The Artist acknowledges that the Gallery shall have to filter through the contents on the artwork posted on the site, to ensure that the local versions of the Gallery sites do not show any artwork that shall be considered ‘obscene’ or ‘illegal’ by the standards or laws of the host country.

  • Entire Agreement
    • This agreement contains the entire agreement between the parties, superseding in all respects any and all prior oral or written agreements or understandings pertaining to the contract of the Artist by the Gallery and shall be amended or modified only by written instrument signed by both of the parties hereto.

  • Severability
    • The parties hereto agree that in the event any article or part thereof of this agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provision shall remain in full force and effect.