Terms

Terms of Service

 

By using the site and services provided by Opacki.corp's website (opackiart.com) you are agreeing to and understand the following terms and conditions whether or not you have registered with the site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the site. Your continued use of the site after amendments are posted constitutes acknowledgment and acceptance of the agreement and its modifications. If you do not agree to these terms and conditions, then Do Not access or use this site or service.

While using the site or service, you may not:

  • Post, upload, publish, submit or transmit content that violates a third party's rights or policies patent, violates, or encourages any conduct that would violate, any applicable law or regulation; is  false, misleading, deceptive, defamatory, pornographic, or offensive; promotes hatred or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances.
  • Use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site.
  • Fail to deliver payment for items purchased by you.
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity.
  • Manipulate the price of any item or interfere with other user's listings.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Opacki.
  • Use, display, mirror the Site, or any individual element within the Site, any Opacki trademark, logo or other proprietary information, without Opacki.corp's written consent.
  • Access, tamper with or use nonpublic areas of the Site or Opacki computer systems.
  • Interfere or breach in any way with the security and authentication measures of Opacki.
  • Avoid, bypass, remove, deactivate, impair, or circumvent any technological measure implemented by Opacki or any of Opacki's providers or any other third party to protect the site, services, Opacki content or member content
  • Attempt to or download Opacki content or member content from the site or services.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing an Opacki trademark, logo URL or product name without.
  • Use the Site, Services, Opacki 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 in any way use the site, services, Opacki content or member content to send altered, deceptive or false source-identifying information.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, sending a virus, overloading, flooding, spamming, or mail-bombing the site.
  • Collect or store any personally identifiable information from the site or services from other users of the site or services without their consent.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.

Opacki reserves the right, at any time and without prior notice, to remove or disable access to any content that Opacki, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

 

Registering for Account 

In order to list a work on the Site or to make a purchase through the Site, you must first create an 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, 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. Opacki will 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. Notify Opacki immediately upon any unauthorized use of your Account.

 

Artwork Responsibility

You Understand and Agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the site and services. You Understand and Agree that you must be the creator of all your posted Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art. The following also applies to Digital Works. You must be either the sole exclusive owner of all such Digital Works or you have all rights, licenses, consents, and releases.

 

Listing Works on the Site

As a Member, you may Only submit listings for Original Works of Art that you have created and wish to sell. Do Not submit listings for Original Works of Art that were created by another artist or are a recreation of another artist's artwork. You may also submit listings for Digital Images of works of art that you have created and that you desire to sell. Do Not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Opacki with all the information requested on the applicable page of our site and via email. You must comply with any other Opacki requirements as identified on such page. If you submit listings for sale, you may be required to verify your identity by separately providing Opacki with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Opacki's current listings content guidelines, which are available at (Curatorial Policy). Opacki Art reserves the right to edit any listings to ensure that they comply with these guidelines. Know that your listings may not be immediately searchable by keyword or category for several hours. You acknowledge that Opacki 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 Printed Works/Digital Works. You have the right to remove a listing for an Original Work of Art or Digital Work from the Site. (If you wish to remove an artwork email us at updateaccount@opackiart.com)

 

Sales on Online Platform

If you submit listings for Original Works of Art, you appoint Opacki as an independent non-exclusive reseller with the right to resell such Original Works of Art and Digital Artworks through the site and services and on third-party websites. You grant Opacki a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art and Digital Art sales via online or offline sales channels and access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art and Digital Artwork in any form, medium or technology now known or later developed for the purpose of promoting Opacki and your artworks, the site and the services. You understand 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 Commission (30/70) which is payable only upon a week after the sale of an Original Work of Art via the online or offline sales channel. Opacki may appoint one or more third-party subcontractors, who may exercise the license rights above for the purpose of allowing Opacki to process and fulfill orders for Printed Works. Opacki will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. For purchases made via third party websites and for offline sales, the applicable third party website or Opacki'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 Opacki and the third party website or Opacki's offline sales partner, as applicable, to Opacki and share related shipping information, including the contact details of the purchaser where necessary. For Original Works of Art only, Opacki will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Opacki, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase. If you do not ship the purchased Original Work of Art to the purchaser within those seven days, then the sale may be cancelled. If you pay for the cost of shipping yourself, Opacki will reimburse you for the amount you paid, up to the amount that Opacki or the third party website charged the purchaser for shipping. For sales of Original Works of Art via the site and services, subject to Opacki's receipt of confirmation of delivery to the purchaser. Opacki will credit your Account with the corresponding artist commission 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 Opacki, in its sole discretion. You agree to comply with the terms and conditions of Opacki's then-current Return Policy that are applicable to any Original Works of Art that are sold through the site and services. Upon the termination of these terms or cancellation of your Account, Opacki will send you the remaining balance of artist commission in your Account, if any. If you remove a listing for a Digital Work from the site, the license rights granted by you to Opacki to manufacture, distribute and sell Printed Works 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 Opacki 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 Opacki or its third-party subcontractors or its online sales partners via third party websites and its offline sales partners as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Opacki with respect to using such Digital Work to promote Opacki, the site and the services will remain in full force and effect for only as long as necessary for Opacki to fulfill any current obligations that require using the Digital Work for such promotional purposes.

 

Purchases

When you purchase an Original Work of Art or Printed Work through the site and services, you are purchasing the work from Opacki and not from the member identified on the listing for such work. Prices for Original Works of Art and Printed Work will be as specified in the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. Opacki and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified in the listing of the Original Work of Art, or Printed Work will ship the purchased work directly to you. The terms and conditions of Opacki's then-current Return Policy apply to any Original Works of Art that you purchase through the site and services.

 

Cancellations

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

  

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 site and services by another member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such member independent of the Site and 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, you may not purchase such Original Work of Art or Digital Work from such Member independent of the site and services. This does not restrict you from using other art-selling platforms to which you are a member of; or if you are selling elsewhere granted that the buyer found your other listing first and was not guided in any way or any way Opacki deems unfairly to your other listings.

 

Taxes

All prices, commissions, fees and other amounts referred to in these terms, including any prices, commissions, and fees set forth on the site, are stated in U.S. dollars and do not include any sales, use, value added, goods and services 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. If you are a seller of Original Works and/or Printed Works, you acknowledge that Opacki will withhold the taxes required to be withheld from the payments Opacki makes to you.

The seller must fill out appropriate tax forms prior to any commissions being paid. Commissions will be paid as follows:

A W9 Tax Form must be filled out for both the sale of an Original Art Works or Prints.

If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Opacki will add taxes to the amounts charged, as a separate charge, 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. 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.

 

Extra Content

Opacki may make available through the site and services text, graphics, audio, video, and images of works of art, some of which is owned by Opacki, and some of which is made available under license by a third party. Opacki authorizes you to download, view and print Opacki-owned content" solely for your personal use in visiting the site and. You may not use any of Opacki or member content to violate stated terms and policies whether intentional or unintentional. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Opacki or its licensors, except for the licenses and rights expressly granted in these Terms.

  

Promotions and Contests

Opacki may hold promotions or contests. Carefully review the rules of each Promotion in which you participate through the site and services, as they may contain additional important information about Opacki'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.

 

Ownership/Property Rights

Opacki content, site, and services are protected by copyright, trademark and other laws of the United States. Opacki and its licensors exclusively own all right, title and interest in and to the site, services and Opacki content and Printed Works, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site, services or Opacki content. All trademarks, service marks, logos, trade names and any other proprietary designations of Opacki used herein are trademarks or registered trademarks of Opacki. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Links

The site may contain links to third-party websites or resources. You understand and agree that Opacki is not responsible or liable for the availability or accuracy of such websites or resources or 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 Opacki of such websites or resources or the content, products, or services available from such websites or resources. You take 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, Opacki has the right to suspend terminate your account or terminate these terms, at its sole discretion and without prior notice to you. Opacki reserves the right to revoke your access to and use of the site, services, Opacki content and member content at any time, with or without cause. In the event Opacki terminates these terms for your breach, you will remain liable for any amounts due if any. You may cancel your Account at any time by sending an email to (help@opackiart.com)

 

Disclaimer

Opacki content, member content, site, and services are provided AS IS, without any warranty of any kind, either expressed or implied. Opacki disclaims any warranties of merchantability, fitness for particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. Opacki makes no warranty that the site, services, Opacki content or member content will meet your requirements or be available on an uninterrupted, secure or error-free basis. Opacki makes no warranty regarding the quality of any works, services, content, or products purchased or obtained through the site or service or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the site or service. No advice or information, whether oral or written, obtained form Opacki or through the site or services will create any warranty not made here. You are solely responsible for all of your communications and interactions with other members or users of the site or services and with other people you communicate or interact as a result of your use of the site or services. You understand that Opacki does not screen or inquire into the background of the members or other users of the site or services, nor does Opacki make any attempt to verify the statements of any members or users of the site or services. Opacki makes no representations or warranties as to the conduct of users of the site or services. You agree to take reasonable precautions in all communications and interactions with other members or users of the site or services and with other people you communicate or interact as a result of your use of the site or services.

 

Legal

You agree to defend, indemnify, and hold Opacki, officers, directors, agents, subsidiaries, joint ventures, and its employees 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 site, services, Opacki 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 site, services, Opacki content and member content remains with you. Neither Opacki nor any other party involved in creating, producing, or delivering the site, services, Opacki 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 site, services, Opacki content or member content, or from any communications, interactions or meetings with other members or users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort, negligence, product liability or any other legal theory, and whether or not Opacki 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 Opacki's aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services, Opacki content or member content exceed if you are a member who has sold Original Works of Art or has licensed Digital Works and has received any artist commision from Opacki from the sale of Printed Works, the total payments made or credited to you by Opacki 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 four month period preceding the date a claim for liability arises under these terms and if you are a member who has purchased Original Works of Art or Printed Works, the total payments that you made to Opacki 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 Opacki and you.

 

Enforcement

The laws of Pennsylvania will govern these terms and any action related without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be the state and federal courts located in Pennsylvania and each of the parties waives any objection to jurisdiction and venue in such courts.

 

General

The failure of Opacki 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 Opacki. 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. These Terms constitute the entire and exclusive understanding and agreement between Opacki and you regarding the site and services, and these terms supersede and replace any and all prior oral or written understandings or agreements between Opacki and you regarding the site and services.

 

Contact/Feedback to Opacki

If you have any questions or feedback about these Terms, please contact Opacki at (opacki@opackiart.com)