Unzdesigns Art Terms of Service

Last Updated Date: June 4, 2020

Saatchi Online, Inc., a wholly-owned subsidiary of Leaf Group Ltd. (“Saatchi Art,” “we” or “our”) provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.saatchiart.com (the “Site”) or mobile application (the “Mobile Application”) together with any services, software, tools, features or functionality made available by Saatchi Art (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.saatchiart.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Saatchi Art.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

Saatchi Art reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), Saatchi Art Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Account Registration

In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Saatchi Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Saatchi Art of any unauthorized use of your Account.

Privacy

See Saatchi Art’s Privacy Policy at www.saatchiart.com/privacyfor information and notices concerning Saatchi Art’s collection and use of your personal information.

Seller Terms and Conditions

Listing Works on the Services

As a Member, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Saatchi Art with all the information requested by Saatchi Art and you must comply with any other Saatchi Art requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Saatchi Art with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Saatchi Art’s then-current listings content guidelines, which are available atwww.saatchiart.com/guidelines. Saatchi Art reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.

You acknowledge that Saatchi Art reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Services – please see below for instructions.

If you want to remove a listing for an Original Work of Art or Digital Work from the Services you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Saatchi Art the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Services nor Saatchi Art’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant Saatchi Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Saatchi Art, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service, which is described athttp://help.saatchiart.com/customer/portal/articles/1122331-making-prints-for-sale.

If you submit listings for Digital Works, you hereby grant Saatchi Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Saatchi Art and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Saatchi Art may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Saatchi Art to process and fulfill orders for Printed Works.

If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Saatchi Art, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.

Saatchi Art and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Saatchi Art’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Saatchi Art and the third party website or Saatchi Art’s Offline Sales partner, as applicable, to Saatchi Art and share related shipping information, including the contact details of the purchaser where necessary, with Saatchi Art.

For Original Works of Art only, Saatchi Art will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Saatchi Art, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Saatchi Art will provide you with information regarding its preferred shippers with which Saatchi Art maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Saatchi Art preferred shipper account, Saatchi Art will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Saatchi Art if you are using a Saatchi Art preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Saatchi Art (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Saatchi Art preferred shipper or if you pay for the cost of shipping yourself, Saatchi Art will reimburse you for the amount you paid for shipping, up to the amount that Saatchi Art or the third party website charged the purchaser for shipping.

For sales of Original Works of Art via the Online Sales channels, Saatchi Art will credit your Account in an amount to be determined in accordance with Saatchi Art’s then-current standard pricing and revenue share terms, which may be found at support.saatchiart.com/hc/en-us/articles/204629568 (the “Artist Revenue Share”); for sales of Original Works of Art via the Services, subject to Saatchi Art’s receipt of confirmation of delivery to the purchaser, Saatchi Art will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, Saatchi Art will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Saatchi Art, in its sole discretion.

You agree to comply with the terms and conditions of Saatchi Art’s then-current Return Policy atsupport.saatchiart.com/hc/en-us/articles/205608487 that are applicable to any Original Works of Art that are sold through the Services.

For sales of Printed Works via Online Sales and Offline Sales, Saatchi Art will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in Saatchi Art’s then-current standard pricing and revenue share terms, which, as noted above, may be found at support.saatchiart.com/hc/en-us/articles/204629568.

You will have the right to request Saatchi Art to remit the Artist Revenue Share in your Account in accordance with a Saatchi Art-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Saatchi Art will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

If you remove a listing for a Digital Work from the Services, the license rights granted by you to Saatchi Art with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Saatchi Art and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Saatchi Art or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Saatchi Art with respect to using such Digital Work to promote Saatchi Art, the Services will remain in full force and effect for only as long as necessary for Saatchi Art to fulfill any current obligations that require using the Digital Work for such promotional purposes.

Purchaser Terms and Conditions

Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art that are listed by other Members on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from the Member identified on the listing for such work and not from Saatchi Art. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Saatchi Art and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Saatchi Art’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Saatchi Art and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of Saatchi Art’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

Order Cancellations

Saatchi Art reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if Saatchi Art determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Saatchi Art cancels an order placed via the Services, Saatchi Art will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art or Digital Work to such Member independent of Saatchi Art and the Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Saatchi Art and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Saatchi Art including, without limitation, injunctive or other appropriate relief.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that Saatchi Art will withhold the Taxes required to be withheld from the payments Saatchi Art makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

• For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.
• For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.
• Additional Tax information can be found by visiting https://support.saatchiart.com/hc/en-us/sections/200723468-Artist-Payout.

If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Color

You understand and agree that Saatchi Art uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Saatchi Art is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

Member Content

In addition to submitting listings for Original Works of Art and Digital Works, Saatchi Art may, in its sole discretion, designate areas of the Services in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, “Member Content”). “Member Content” excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. Saatchi Art does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant Saatchi Art a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting Saatchi Art, the Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Saatchi Art Content

Saatchi Art may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Saatchi Art Content”), some of which is owned by Saatchi Art (“Saatchi Art-owned Content”), and some of which is made available under license by a third party (“Saatchi Art-licensed Content”). Saatchi Art authorizes you to download, view and print Saatchi Art-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Saatchi Art-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Saatchi Art-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Saatchi Art or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, Saatchi Art’s name, any Saatchi Art trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Saatchi Art’s express written consent;
• Access, tamper with, or use non-public areas of the Services, Saatchi Art’s computer systems or network, or the technical delivery systems of Saatchi Art’s providers;
• Attempt to probe, scan or test the vulnerability of any Saatchi Art system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Saatchi Art or any of Saatchi Art’s providers or any other third party (including another user) to protect Services, Saatchi Art Content or Member Content;
• Attempt to access or search Services, Saatchi Art Content or Member Content or download Saatchi Art Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Saatchi Art or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Saatchi Art trademark, logo URL or product name without Saatchi Art’s express written consent;
• Use Services, Saatchi Art Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Saatchi Art Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Saatchi Art Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Saatchi Art will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Saatchi Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Saatchi Art has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Saatchi Art reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Saatchi Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Saatchi Art, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

RESALE TERMS AND CONDITIONS

On every sold artwork, an option will be displayed next to the artwork that says, “Make an Offer” that allows buyers to submit a bid. If the artist deletes the work from the site, it is no longer eligible for resale offers. You can read our resale FAQ at https://support.saatchiart.com/hc/en-us/sections/360001168834-Resale.

Resellers

The resale offer option will be displayed on all sold artworks. If someone makes an offer on an artwork that you have purchased through Saatchi Art, you will be contacted by Saatchi Art via email with the offer price as well as detailed instructions on how to move forward if you agree to sell. If you do not wish to accept the offer presented to you, you’re welcome to decline the offer. Should you decide to accept the offer, a member from our team will work closely with you through every step to the process.

• Your earnings: You will earn a portion of the offer amount net the artist’s resale payment (see below).
• Shipping and Handling: You are responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. In addition, we allow sellers to arrange a pickup or drop-off with one of Saatchi Art’s couriers. You are required to deliver the artwork in the same condition and materials as described in the artwork description online or as discussed and agreed upon with Saatchi Art’s advisory team.
• Certificate of Authenticity: Reseller is required to deliver any certificate of authenticity that accompanied the artwork in the original purchase.

Resale Buyers

On every sold artwork, you’ll see an option next to the artwork that says, “Make an Offer.” Proceed through the steps to confirm your offer. Once you have made your offer one of our curators will contact you to facilitate this process. If your offer is accepted, we will work with you to handle payment and logistics.

• The offer form does not require registration or payment information. It simply collects your offer amount, personal message, and contact information (name, email).
• All resale orders are final unless the artwork arrives damaged. In the event of damaged artwork, the order will undergo the same refund process as with any regular order. If the work is determined to be beyond repair or restoration, then you will be eligible for a refund.
• In addition to the agreed upon price, additional costs such as shipping, customs/duties, and Taxes including VAT may be applied thereafter. All such costs will be clearly communicated to buyers before collecting payment.
• Once you have confirmed you would like to proceed, you will need to provide your payment information before we process your purchase.
• If your offer is declined by the owner of the artwork, you agree that a curator may contact you to let you know and to help find similar works or facilitate a commission by the same artist.
• You cannot apply any promotional discounts to your offer.

Artists’ Resale Payment

If you are the original artist of the Original Work of Art that you sold on Saatchi Art, you will receive a payment for the resale of your Original Work of Art.

• Artists are eligible to receive a resale payment (https://support.saatchiart.com/hc/en-us/articles/204629568).
• Artists will not be notified of the resale transaction until seven (7) days after the artwork has been delivered. This ensures the artwork has arrived and meets the buyer’s satisfaction (e.g., work was not damaged).
• Once the resale order has cleared the seven (7) days, the payment will be made available for payout and the artist will be notified via email.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

Saatchi Art may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about Saatchi Art’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Saatchi Art’s Intellectual Property

The Services and Saatchi Art Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Saatchi Art and its licensors exclusively own all right, title and interest in and to the Services and Saatchi Art Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Saatchi Art Content.

Copyright Policy

Saatchi Art respects copyright law and expects its users to do the same. It is Saatchi Art’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Saatchi Art’s Copyright Policy at www.saatchiart.com/copyrightfor further information.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Saatchi Art is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Saatchi Art of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Saatchi Art will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Saatchi Art reserves the right to revoke your access to and use of the Services, Saatchi Art Content and Member Content at any time, with or without cause. In the event Saatchi Art terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to help@saatchiart.com.

Mobile Services and Applications

“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.

Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Saatchi Art and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

Mobile Application. Subject to your compliance with these Terms, Saatchi Art grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable Saatchi Art Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Saatchi Art and not with the App Store. Saatchi Art, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:

1. You acknowledge and agree that: (i) these Terms are concluded between you and Saatchi Art only, and not Apple; and (ii) Saatchi Art, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Saatchi Art and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Saatchi Art.
4. You and Saatchi Art acknowledge that, as between Saatchi Art and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Saatchi Art acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Saatchi Art and Apple, Saatchi Art, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. You and Saatchi Art acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
7. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Fees

Saatchi Art reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES, SAATCHI ART CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAATCHI ART EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SAATCHI ART MAKES NO WARRANTY THAT THE SITE, SERVICES, SAATCHI ART CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SAATCHI ART MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAATCHI ART OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SAATCHI ART DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES SAATCHI ART MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. SAATCHI ART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Saatchi Art, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Saatchi Art Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Saatchi Art Content and Member Content remains with you. Neither Saatchi Art nor any other party involved in creating, producing, or delivering the Services, Saatchi Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Saatchi Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Saatchi Art has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Saatchi Art’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Saatchi Art Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art or has licensed Digital Works and has received any Artist Revenue Share from Saatchi Art from the sale of Printed Works, the total payments made or credited to you by Saatchi Art for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to Saatchi Art for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Saatchi Art and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Saatchi Art used herein are trademarks or registered trademarks of Saatchi Art or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at legal@leafgroup.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The arbitrator, and not any federal, state, local, or other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Los Angeles County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.

US Claims

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Non-US Claims

For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to legal@leafgroup.com or by mailing us, postage prepaid, to Saatchi Online, Inc., 1655 26^thStreet, Santa Monica, California, 90404, Attention: Legal Department. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

>Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Users from Other Jurisdictions

The Services are controlled and operated by Saatchi Art from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Saatchi Art and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Saatchi Art and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Saatchi Art’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Saatchi Art may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Saatchi Art via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Saatchi Art to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Saatchi Art. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Saatchi Art

If you have any questions about these Terms, please contact Saatchi Art at help@saatchiart.com.

If you have a complaint, you may contact us at Saatchi Art’s legal department:

Saatchi Online, Inc.
Attn: Legal Department
1655 26th St.
Santa Monica, CA 90404, USA
legal@leafgroup.com

© LEAF GROUP LTD. All rights reserved.

Our Privacy Policy

Last Updated: June 23, 2020

This privacy policy (“Privacy Policy”) describes how information and data is collected from you when you use this online website, mobile website, application, digital service, or any related products, services, sites, features or functionality (each a “Service”, collectively the “Services”) that link to this Privacy Policy, and how Leaf Group Ltd., including its subsidiaries/affiliates Society6, LLC and Saatchi Online, Inc. (“Leaf Group”, “we”, “us”, or “our”), uses, shares and manages your information and data. By using any of the Services, you consent to the collection, use, processing, and sharing of your information as described in this Privacy Policy.

1. Our Privacy Principles

We are committed to recognizing and respecting your privacy rights by keeping you informed and processing and protecting your personal data in compliance with applicable data protection laws and regulations (“Data Protection Laws”).

If you are located outside of the United States and you choose to use the Services or provide your information to us, your data may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United States. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United States, you should not use the Services.

2. Information that We Collect from You

Account Data You Directly and Voluntarily Provide to Us. We may collect and process some or all of the following information you make available to us if you register, download or use the Services, such as your:

• Name
• Email Address
• Mailing Address
• Phone Number
• Interests
• User Name
• Password
• Other Registration Information
• Customer Support or Technical Information you provide when you contact us with questions about your use of the Services
• Details of transactions you carry out through the Services, your purchases, and the fulfillment of orders we provide to you
• Other information you may provide to us through promotions or surveys

User Profile Data. In addition to the data listed above, we may offer you the option to create a user profile to describe yourself that may be visible to other users of the Services. If you are a registered user you may also be able to adjust your account settings through your user account. We note that, even if you adjust your settings so that your user profile remains private, we will still be able to access and view the information you provide as part of your user profile.

Public Data You Post through the Services. If you post information on public areas of the Services, such as reviews, comments, and user content, that data may be collected and used by us, other users of the Services, and the public generally. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

Usage Data We Automatically Collect from You. In addition to the information you provide to us, the Services may collect and process additional data automatically, this data may include your:

• Device Registration Data(for example, the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)
• Device Settings(for example, your language preference)
• Mobile Carrier
• Information about how you use the Services(for example, how many times you use the Services each day)
• Requested and Referring URLs
• Location Data collected through your Device(including, for example, precise location data such as GPS and WiFi information)
• Information collected through cookies and other tracking technologiesincluding, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access

3. How We Use Your Information

In this section, we set out the purposes for which we use personal information that we collect when you use the Services. In relation to EU Users, we are required under applicable Data Protection Laws, to identify the legal bases on which we rely to process the information.

Providing the Services, Improving the Services, Providing Support, and Communicating With You. We and our service providers may use the data you provide or that is collected through the Services to operate and improve the Services, our other sites, applications, products and services, to contact you from time to time to provide you with important information and notices relating to the Services, and to carry out obligations arising from any agreements between you and us.

Legal Bases: contract performance, legitimate interests (to correspond with you, to enable us to provide you with the Services and to improve the Services)

Providing Marketing and Promotion Materials. We and our service providers may use the data you provide or that is collected through the Services to provide you with updates, offers, and promotions, where you have chosen to receive these. We may also use your information for marketing our own and our selected business partners’ products and services to you by email and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us.

Advertising and Third Party Content and Links. The Services may be supported through advertising, and we may work with advertisers and advertising networks to provide advertising through the Services. We may provide these advertisers and advertising networks with the ability to collect data about how you interact with the Services and, if applicable, your mobile device. This data may include the unique device or advertising identifier associated with your device and your precise location data, in order to help analyze and serve targeted advertising on the Services and elsewhere (including third-party sites and applications). These advertisers, advertising networks, and other third parties may use cookies, pixels, and web beacons to track the actions of users online over time and across different websites or platforms in order to deliver targeted electronic advertisements to an individual user. We do not have access to or control over cookies, pixels or web beacons that third-party partners may use.

For information about how tracking works for targeted advertising purposes, and to opt out of the collection of data for this purpose by companies participating in the Digital Advertising Alliance Self-Regulatory Program, you can visit http://www.aboutads.info/choices (from your browser) or http:///www.aboutads.info/appchoices (from your mobile device).

In addition, the Services may include third-party content and links to other third-party websites. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

If you access the Services through a browser, your browser may allow you to adjust your browser settings so that “Do Not Track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Services in response to any Do Not Track requests that we receive from your browser. You can change your privacy preferences regarding the use of cookies and other similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require our consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered through the Services.

You may opt out of the collection, use, and transfer of precise location data for location-based advertising purposes, by using the location services controls in your mobile device’s settings.

Legal Bases: consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests)

Analytics Services. We may also work with third party analytics companies to help us understand how the Services are being used, such as data collection, reporting, ad response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.

We may use Google Analytics, an analytics service provided by Google or other third party analytics services providers (“Analytics Services”) to collect information about your use of the Services. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Services will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Services.

We encourage you to review your device and Services settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain data by the Services by updating your applicable device settings, or you may uninstall the Services. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.

Legal Bases: legitimate interest where consent is not required (to enable us to provide you with an experience relevant to your interests)

Purchases and Payment Processors. If you make a purchase through the Services, you may be able to pay using a third-party payment service, such as Stripe, PayPal, Apple Pay, Amazon Pay or other third-party payment services. All information collected by these third-party payment services for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Services. Information collected from you by these third-party payment services is governed by the applicable third-party payment service’s privacy policy. You should review the applicable privacy policy prior to submitting any information to the applicable third-party payment service.

Legal Bases: consent, legitimate interests (to enable us to perform our obligations and provide the Services to you); contract performance

Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstakes, or content on the Services. You may be asked to provide personal information or permit the transfer of your personal information to a third party in connection with such promotion, sweepstakes or content. The parties who privacy policy applies will be disclosed at point of collection or transfer and you will have a choice of whether or not you wish to permit such transfer or collection of information to a third party.

If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.

Legal Bases: consent, legitimate interests where consent is not required (to keep you updated with news in relation to our products and services)

4. How Your Information is Shared with Third Parties

We may share the information you provide or that we collect in some circumstances as follows:

With Advertisers. We may share your information with advertisers, third-party advertising networks and analytics companies who may use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use.

With Our Company Affiliates. We may share your information with members of the Leaf Group corporate family in order to provide joint content and services (like registration, transactions and customer support), or to improve your experience with the Services, products and other services.

With Our Partner Programs. If you are directed to the Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship or Services utilized.

For Marketing Campaigns. From time to time we may disclose certain information (name, mailing address and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to marketing companies for trade or rental purposes. If you prefer to opt-out of the use of your personal information by marketing companies for trade or rental purposes, please let us know at legal@leafgroup.com.

With Our Service Providers. We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.

Social Media and Sharing. The Services may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature.

We have no control over, and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

As Required By Law or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if required to do so by law, or if requested in response to a subpoena or court order, we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large, or we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Business Transfers or Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business, any user information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity or acquirer, as applicable.

5. The Privacy of Children

The Services are not intended for children under age 16. We do not knowingly collect or distribute personal information from or about children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at legal@leafgroup.com.

6. EU Users – Your Rights Under the General Data Protection Regulation

We acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws.

Effective May 25th, 2018, if you are subject to European Union Data Protection Laws (“EU Users”), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”).

Accessing, Correcting or Deleting Your Information. For EU Users, to request access to or correction of your personal data in accordance with applicable Data Protection Laws, you may send a Web Form Request, send an e-mail to privacy.gdpr@leafgroup.com or a letter to:

Please include your registration information you provided through the Services. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

For EU Users, if you’d like us to delete information that you have provided through the Services, please contact us at privacy.gdpr@leafgroup.com and we will respond in a reasonable time in accordance with applicable Data Protection Laws. Please note that some or all of the information you provided may be required in order for the Services to function properly or may be automatically retained in backup storage or records retention archival storage.

Portability of Your Personal Data. For EU Users, should you request it, we will provide you with an electronic file of your basic account information and the information under your sole control in accordance with applicable Data Protection Laws.

Data portability is the ability to obtain some of your information in a format you can move from one service provider to another in accordance with applicable Data Protection Laws. Depending on the context and applicable Data Protection Laws, this applies to some of your information, but not to all of your information.

7. EU Users and Swiss Users – Privacy Shield (For EU and Swiss Data Transferred Into the US)

We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles with respect to such data.

If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles will govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Pursuant to the EU-US and Swiss-US Privacy Shield Frameworks, the following statements apply:

• We are subject to the jurisdiction and enforcement authority of the U.S. Federal Trade Commission (FTC);
• We are liable for the onward transfer of personal data to third parties acting as our agents unless we can prove we were not a party giving rise to the damages; and
• We may be required to release EU and Swiss personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements

In compliance with the EU-US and Swiss-US Privacy Shield Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at legal@leafgroup.com.

We have further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by BBB National Programs, Inc. (BBB NP). If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

8. Nevada Privacy Rights

Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. To exercise this right, please contact us by email at legal@leafgroup.com.

9. California Residents Under 18

If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by: (a) submitting a request in writing to legal@leafgroup.com; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

10. California Privacy Rights

This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. Consumers with disabilities may access this notice with a standard screen reader.

Personal Information We Collect, Disclose for a Business Purpose, and Sell. We collect the categories of personal information about California consumers identified in the chart below. As further set forth in the chart below, in the past 12 months, we have disclosed and sold California consumers’ personal information to third parties for business or commercial purposes. [Note: Please confirm which (if any) of the below categories (1) you collect; (2) you have disclosed for a business purpose (e.g., to service providers) within the preceding 12 months; and (3) you have sold to third parties within the preceding 12 months. After filling out the chart, we can adjust this section as needed.]

Categories of Sources: We collect this personal information from the following categories of sources:

• Consumers;
• Service providers;
• Affiliates not under the Leaf Group brand; and
• Consumer data resellers

Why We Use and Disclose California Information. We use and disclose the personal information we collect for our commercial and business purposes as further described in this Privacy Policy. These commercial and business purposes include, without limitation:

• Our commercial purposes, including marketing, advertising, offering promotions, authentication, identity resolution, fraud prevention, fulfillment services, and facilitating transactions.
• Our business purposes as identified in the CCPA, which include:
  • Auditing related to our interactions with you;
  • Legal compliance;
  • Detecting and protecting against security incidents, fraud, and illegal activity;
  • Debugging;
  • Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics;
  • Internal research for technological improvement;
  • Internal operations;
  • Activities to maintain and improve our services; and
  • Other one-time uses.

Recipients of California Personal Information. We may sell the categories of personal information designated above to the categories of third parties listed below:

• Advertising/Marketing companies;
• Affiliates not under the Leaf Group brand;
• Partner programs;
• Service providers; and
• Social networks

We disclose the categories of personal information designated above to the categories of third parties listed below for business purposes:

• Service providers;
• Affiliates not under the Leaf Group brand;
• Internet service providers;
• Data analytics providers;
• Operating systems and platforms; and
• Social networks

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

• For certain categories of personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties;
• The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
• The right to request that we delete the personal information we have collected from you or maintain about you.
• The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
• The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We may offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information.

Make a CCPA consumer rights request online through our request form.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.

Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.

Minors’ Right to Opt In. We do not sell the personal information of minors under 16 years of age.

11. Security Measures and Storage Limits

We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk.

Our retention periods for personal data are based on our business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose.

12. Updates to this Privacy Policy

We will notify you of material changes to this Privacy Policy by at least thirty (30) days before the effective date of the changes. If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified privacy policy takes effect. If you continue using the Services after the modified privacy policy takes effect, you will be bound by the modified privacy policy.

13. Contact Us

If you have questions about this Privacy Policy, you may contact us at legal@leafgroup.com or send a letter to:

We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.

Saatchi Art Copyright Policy

Notification of Copyright Infringement

Saatchi Online, Inc. (“Saatchi Art”) respects the intellectual property rights of others and expects its users to do the same.

It is Saatchi Art’s policy, in appropriate circumstances and at its discretion, to 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.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Saatchi Art will respond expeditiously to claims of copyright infringement committed using the Saatchi Art website (the “Site”) that are reported to Saatchi Art’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Saatchi Art’s Designated Copyright Agent. Upon receipt of the notice as described below, Saatchi Art will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:

   “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Saatchi Art’s Designated Copyright Agent:

Copyright Agent
1655 26th Street
Santa Monica, CA 90404
copyrightagent@saatchiart.com
T: (310)917-6400
F: (310)943-2510