Appointment of Gallery as Collector's Agent. The Collector appoints Expressions Gallery, Inc and BuyArtworkNow.com as agent for the works of art ("Artwork") consigned under this Agreement for the purpose of exhibition and sale on Expressions Gallery, Inc Internet websites. The Artwork may not be used for any other purpose without the Collector's written consent.
The Collector understands that the artwork will be reviewed before posting and BuyArtworkNow.com has the right to reject any artwork submitted. Each posting per artwork will cost $25.00 or $200 for a package of 10 and will remain on the website for 12 months or until purchased. The 12 months begins on the date the artwork is posted after review and acceptance.
Interested people may contact the Collector directly from the Certificate of Authenticity page for direct interaction and negotiation. Visitors cannot get access to contact information without registering with BuyArtworkNow.com.
The Collector handles the transaction with the buyer. There is no commission due to EGI and the sale is directly between the Collector and the buyer. The only fee is the listing fee. We do review the work submitted for listing and the Certificate of Authenticity before posting. The twelve months start as of the date of posting.
EGI has the right to refuse to list any work that is submitted and to return the listing fees.
The Responsibility of the Collector
- When listing your work on our site it is your responsibility to describe accurately, the ownership, origin, artist, age of work, whether signed or unsigned, archival value, size, orientation, framed or unframed, and keywords for searching for the artworks listed.
- You must register, complete and return a signed listing agreement and provide payment of listing fees before listing is placed. It is your responsibility to keep us informed of any changes in contact information or if the work is sold.
- You must submit a digital photo, in a JPG format, of the work you are listing. The image should conform to 72 dpi and no larger or smaller than 6 inches on the largest side.
- When submitting a work for listing, you will complete a Certificate of Authenticity and are confirming the accuracy of the listing and that you own and/or have the right to sell or trade the work.
- It is your responsibility to contact and complete the transaction with the buyer in a timely manner.
- The website has the right to refuse listing your artworks. If accepted, the Term of listing will be 12 months from the date the images is posted on the site not the date received for review. You may renew for another 12 months.
The Collector understands and holds Expressions Gallery, Inc and BuyArtworkNow.com harmless and hereto indemnifies Expressions Gallery, Inc and BuyArtworkNow.com regarding any inaccuracies specified ion the Certificate of Authenticity or damages that might occur during shipping or in the event of return of item by buyer.
Permission to Digitally Reproduce All or Part for Promotion and Archiving. Artist hereby agrees that BuyArtWork.com may reproduce any piece of the Artwork, in full or part and to use such reproduction to develop and print, display, publish brochures, advertisements, websites, videos, catalogues or any other type of publication or publicity, and to use and archive such reproductions in any form for the promotion of the Artwork and/or EGI. Artist hereby agrees that BuyArtWork.com may reproduce any piece of the Artwork, in full or part, and to use such reproduction to expand the possibility of sales on selected websites, including but not limited to Facebook, Fine Art America, BuyArtworkNow.com for up to one year and to offer prints and cards where applicable for sale.
Copyright: The Original Artist reserves copyright, including all reproduction rights, to the Artwork, except as specified in this agreement.
Artwork Not Subject to Claim by BuyArtworkNow.com Creditors. The Artwork will be held in trust for the benefit of the Artist and will not be subject to any claim by a creditor of EGI. In the event of any default by EGI, the Artist will have all the rights of a secured party under the Uniform Commercial Code.
Attorneys' Fees. If any legal action is commenced between the parties concerning the provisions of this Agreement or the performance of this Agreement, the party prevailing in that action will be entitled to a reasonable sum for attorneys' fees in addition to any other relief that may be granted. The amount of that sum will be determined by the court in that litigation or in a separate action brought for that purpose.
Modification. This Agreement, and any supplements, exhibits or addenda thereto, may be modified only by an agreement in writing signed by the party against whom the modification is sought to be enforced. This constitutes the entire terms and conditions of this agreement.
Entire Agreement.. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject of this Agreement. This Agreement, along with the attached Supplement, exhibits or addenda, contains all of the covenants and agreements between the parties with respect to the subject of this Agreement, and each party acknowledges that no representations, inducements, promises or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this Agreement. No agreement, statement or promise not contained in this Agreement shall be valid or binding on the parties with respect to the subject of this Agreement.
Governing Law.The validity of this Agreement and each of its terms and provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the law of the State of California, including California Civil Code §1738, et seq.
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