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Go Figurative – Conditions of Use and Sale

Welcome to Go Figurative. These conditions (“Conditions”) apply to the services available from www.gofigurative.com (the “website”).

Go Figurative is provided to you by Go Figurative Limited, registered office 445 North Circular Road London NW10 0HP UK. These Conditions are effective from 4 January 2011.

Please read these Conditions carefully before using www.gofigurative.com. By using www.gofigurative.com, you signify your agreement to be bound by these Conditions. Use of any of the services available from Go Figurative will be subject to these conditions.

Conditions relating to your use of www.gofigurative.com

1. Using www.gofigurative.com

Registration to become a Go Figurative Community Member is free. You will need to register in order to take advantage of the services available on the website. You do not need to register in order to browse and view artwork.  Buyers will need to accept these Conditions of Use and Sale before buying art available on the website.

We will make our services available to you as soon as you accept these conditions. Unless you and Go Figurative agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 once the supply of the services has commenced.

You may not use the website and services if you are under the age of 18 or you are not able to form legally binding contracts or if your Go Figurative membership has been suspended.

Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

2. Your Profile

If you use the website, you are responsible for maintaining the confidentiality of your profile and password and for restricting access to your computer to prevent unauthorised access. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You agree to immediately notify Go Figurative of any unauthorised use of your password or any breach of security. You also agree that Go Figurative cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

You must keep the contact details you supply to us in your profile information up-to-date and accurate at all times, including a valid email address. Please ensure that the contact details you provide us with are correct and complete and inform us immediately of any changes.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

3. Privacy

We comply with the provisions of the Data Protection Act and consider the protection of your personal information to be essential.  We do not sell or rent your personal information to third parties.

For a complete description of how we collect, use and protect your personal information, see our Privacy Policy which forms part of these Conditions.

4. Access to www.gofigurative.com

We cannot guarantee continuous or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

5. Licence for website access

Go Figurative grants you a limited licence to access and make use of www.gofigurative.com, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Go Figurative.

This licence does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Go Figurative and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Go Figurative's or its affiliates' names or trademarks without the express written consent of Go Figurative. Any unauthorised use terminates the permission or license granted by Go Figurative.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Home page of Go Figurative provided that the link does not portray Go Figurative or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Go Figurative logo or other proprietary graphic or trademark as part of the link without our express written consent.

6. Reviews, comment, blog and other content

Users of the website may post reviews, comments and other content, send communications and submit suggestions, ideas, questions, or other information provided that such content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable.

You expressly agree to use such services only to submit comments that are appropriate.

Go Figurative does not edit or control the comments posted to or distributed on the website and will not be in any way responsible or liable for such comments. Go Figurative nevertheless reserves the right (but not the obligation) for any reason in its sole discretion to remove or edit without notice any comments and/or website content.

The following is a non-exhaustive list of the kind of comments that are prohibited on the website. Go Figurative reserves the right to amend this list at any time and to investigate and take appropriate legal action in its sole discretion against anyone who infringes this provision, including without limitation, removing the offending communication from the service and terminating the right to use the website. It includes comments that:

•    are offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•    harass or advocate harassment of another person;
•    are defamatory or libellous;
•    promote information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, or obscene;
•    promote an illegal or unauthorised copy of another person's copyrighted work;
•    contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
•    infringe someone's privacy, or provide or create computer viruses;
•    constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise be contrary to the law or infringe the rights of any third party.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to www.gofigurative.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Go Figurative policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party.

We might like to use your text-based content for advertising and promotional purposes without the need to request your permission at the time.  When you give us text-based content (in the form of but not limited to comments, reviews, participation in blogs), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the text-based content, to be copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission. You agree to waive your right to be identified as the author of such text-based content for the purposes of advertising and promotion only.

You agree to indemnify and hold harmless Go Figurative from any claim arising out of or relating to your infringement of this Section 6.
7. Members’ Galleries

Go Figurative intends to offer users the opportunity to participate in a feature on the website called Members’ Galleries. This allows the user to curate their own gallery using images of artworks from several sources including but not limited to images which appear on www.gofigurative.com, images of artwork created by them and images of artworks in their own collections. In any event, the user warrants that any images uploaded to Members’ Galleries will have been obtained legitimately and fairly without breaching copyright.

You agree to indemnify and hold harmless Go Figurative from any claim arising out of or relating to your infringement of this Section 7.
8. Notice and Take-Down Policy for illegal content

Go Figurative uses all reasonable efforts to keep its website and services working properly and safely. Please report problems, offensive content and policy breaches to us by email at copyright@gofigurative.com or by telephone on +44 (0) 7500 906451.

Go Figurative operates on a "notice and takedown" basis. If any third person complains or objects to material or content supplied by you, including comments posted on this website, or if such third person believes that material or content posted on this website infringes their copyright and notifies us in accordance with our Notice and Takedown Procedure which is contained in our Copyright Policy. Go Figurative will consider any complaints or objections in its reasonable discretion and will take appropriate action within a reasonable time.

Following the above action, without limiting other remedies, we reserve the right to issue you with warnings, or to limit, suspend, or terminate our service with you, restrict or prohibit your access to the website and your activities on it and suspend or remove content.

We reserve the right to take technical and legal steps to keep you off our website if we consider that:
•    you are exposing us or another Community Member to financial or legal risk;
•    you are acting inconsistently with the letter or spirit of these conditions or our policies; or
•    despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

You agree not to hold Go Figurative responsible for any loss you may incur as a result of Go Figurative taking any of the actions described above.

You agree that you will only use our website and services in accordance with these conditions. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these conditions or your infringement of any law or the rights of a third party.

9. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You must use the website for lawful purposes only.

While using Go Figurative, you will not:
•    post, list or upload content or items in an inappropriate category or areas on our website;
•    copy, reproduce, modify, create derivative works or distribute content from our website and Go Figurative's copyrights and trademarks;
•    breach any laws, or otherwise infringe the copyright, trade mark, privacy or other rights of third parties;
•    use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activities
•    breach our policies;
•    post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
•    transfer your Go Figurative account (including feedback) and username to another party without our consent;
•    use another Community Member’s account without permission;
•    distribute or post spam;
•    distribute viruses or any other technologies that may harm Go Figurative, or the interests or property of Go Figurative users;
•    harvest or otherwise collect information about Community Members, including email addresses, without their consent
•    or cause annoyance, inconvenience or needless anxiety

You agree that Go Figurative is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Community Members, or outside parties on Go Figurative. You use the Go Figurative service at your own risk.

10. Contact Information

User identity is an essential part of the Go Figurative community. We treat our Community Members’ identities with the utmost importance and expect our Community Members to do the same.
•    Community Members must not misrepresent their identities.
•    Community Members must always provide valid and complete contact information. Falsifying or omitting contact information such as your name, address, and/or telephone number when registering is not permitted. It is also not permitted to use fax or disconnected numbers as a telephone number.
•    A Community Member must always have a valid email address.
•    Go Figurative buyers and sellers must be at least 18 years old.
•    Usernames may not be profane, obscene, or violate any Go Figurative guidelines.

Community Members who are artists are recommended to use a username that is consistent with the name they use to identify themselves as the artist of an artwork.  This is likely to be their first and last name.  This will increase their chances of being found when someone is searching for art.

If you are registering with Go Figurative as a business entity or educational institution, you represent that you have the authority to legally bind that entity and will provide proof of such authority at our request.

You may not transfer or sell your Go Figurative account and Username to another party.

11.  Buying artwork on Go Figurative

Go Figurative acts as an online platform to allow website users to buy artwork offered for sale by Go Figurative’s Featured Artists and Community Members. Go Figurative is authorised by its Featured Artists and Community Members to act on their behalf as their agent in connection with the sale of their artworks.

Go Figurative is not directly involved in the transaction between buyers and sellers. As a result, Go Figurative has no control over the quality, safety, morality or legality of any aspect of the artwork described, the truth or accuracy of the descriptions, the ability of sellers to sell items or the ability of buyers to pay for items. Go Figurative cannot ensure that a buyer or a seller will actually complete a transaction. Consequently, Go Figurative does not transfer legal ownership of items from the seller to the buyer.

We make efforts to offer reliable data when providing descriptions of the artwork available on www.gofigurative.com and any other services we offer. However we cannot promise that the data will always be accurate and up-to-date. We cannot guarantee that any artwork is available for sale although we will endeavour to remove any artwork from the website which is no longer available or to mark it as sold or no longer available.

All artwork displayed on the Go Figurative website is subject to copyright. The sale of any artwork does not include any intellectual property right relating to it. All copyright and other rights shall remain with the Featured Artist or Community Member, save to the extent that a Featured Artist or Community Member specifically sells its intellectual property rights in an artwork.

All sales are binding. Prices stated are in GB pounds sterling and, where relevant, are inclusive of VAT.  In most cases, we make sales pursuant to the Margin Scheme and therefore the sales are exempt from VAT.

The buyer is obliged to the Featured Artist or Community Member to make payment for artwork purchased.  If you purchase artwork through the website, you are responsible for paying all charges, fees and applicable taxes associated with using our website and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. You agree that we may issue you with invoices in electronic format by email.

The Featured Artist or Community Member is obliged to the buyer to dispatch the artwork or otherwise complete the transaction with the buyer in a prompt manner.

Packaging and delivery is provided at no cost to the buyer. Once you have made your purchase, we contact the artist and arrange for delivery of the artwork to you. This is normally via a secure specialist art carrier and takes between 7-10 working days, although we may be able to arrange for earlier delivery. All artwork will be insured in transit.

For mainland UK addresses, shipping and delivery of original artworks will be by a specialist fine arts packing and transportation service or other appropriate method of delivery.  Shipping and delivery of prints will be by Royal Mail Special Delivery.

Costs of and arrangements for delivery and shipping to addresses outside of mainland UK can be obtained by contacting info@gofigurative.com.

Go Figurative reserves the right to forward your contact details to the Featured Artist, Community Member and/or specialist fine arts packing and transportation service for the purposes of delivery of artwork.

All deliveries require a signature.  Where Royal Mail or specialist fine arts packing and transportation service is, through no fault of their own, unable to deliver artwork to the buyer and is required to take the artwork into storage or to rearrange delivery, we reserve the right to recover any storage and additional delivery costs from you.

12.  Buying art gift vouchers on Go Figurative

Go Figurative offers an art gift voucher service where a buyer can buy vouchers of different amounts in GB pounds sterling.  The art gift vouchers can then be transferred to a recipient who can spend them on any item offered for sale on Go Figurative’s website or made available to purchase through Go Figurative.  This includes commissioning an artist to create a new artwork.

The recipient of art gift vouchers can select an artwork or commission an artwork whose sale price is more than the value of the art gift vouchers and pay the difference.

However where the recipient selects an artwork or commissions an artwork whose value is lower than that of the art gift vouchers, Go Figurative is unable to give any refund of the difference in value either to the buyer or the recipient of the art gift voucher.

Go Figurative reserves the right to refuse to accept vouchers more than two years after the date of issue.

13. Selling artwork on Go Figurative

Go Figurative provides an online platform for Community Members to make their work available for sale.

Go Figurative will provide guidelines to assist in setting a price for your artwork.  If required by us, you agree to supply information demonstrating how you have followed the guidelines to arrive at the price for your artwork.  We reserve the right to not to make available for sale any artwork where in our opinion the price set by the artist for an artwork is not appropriate.  We are not responsible for prices set by artists for artwork and in no way endorse the prices which appear on www.gofigurative.com.  We will only accept artwork with a minimum sale price of £200 as calculated using our guidelines.

Making artworks available for sale is free.  Upon a successful sale we charge a Sales Commission.  Our fees, which are subject to change, are incorporated into these conditions by reference. Changes to our fees are effective after we provide you with at least fourteen days' notice by posting the changes on the Site.  See our Fees for details.

Where your artwork is sold through our Website we will notify you within 7 days or earlier that a sale has been agreed.  

Once we are in receipt of cleared funds or have been notified by PayPal or any other payment processing company that the buyer’s funds have cleared, we will contact you to discuss the most appropriate method of shipping. You will not be required to contribute towards the cost of delivery. For original artworks, shipping to addresses in mainland UK is normally via a secure specialist art carrier or other appropriate method by arrangement.  Shipping and delivery of prints will be by Royal Mail Special Delivery.  You might be required to package the artwork prior to shipping and to make it available for collection either by specialist art carrier or another appropriate person.

Arrangements for delivery and shipping to addresses outside of mainland UK will be made on a case by case basis.

Once we have received confirmation from you that delivery of the artwork to the buyer has been arranged, we will issue an invoice to you for the Sales Commission and any other charges due to us.

After a minimum period of 14 days following the issue of the invoice, we will deduct the invoice sum from funds being held by us or by PayPal and forward you the balance directly into your PayPal or bank account.  Payment to you will be made following the expiry of any period during which buyers can return artwork and apply for a refund.  See Refunds.

You will benefit from Go Figurative’s marketing and promotion of the website generally and of Community Members’ artworks.  Go Figurative will seek to arrange promotions and discounts for the benefit of Community Members who make artwork available on the website.

Go Figurative might offer Community Members making their artwork available for sale an opportunity to offer buyers prints and reproductions of your artwork.  Where you agree that we can sell reproductions of your artwork, you will be required to specify whether these will be by way of open or limited editions, and if limited editions, the maximum number of editions to be reproduced.  You agree to certificate limited editions with reference to the number of the edition from the possible maximum number together with your mark or signature or by issuing a certificate.

We might like to use images of artworks made available for sale for advertising and promotional purposes without the need to request your permission at the time.  When you agree to make artwork available for sale you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the artwork, to be copied, published, translated and distributed in any medium and in any form for advertising and promotional purposes.  We reserve the right to resize or crop an image and to use a detail from an image only.

You agree that images of your artwork made available for sale can be used by potential Go Figurative buyers in their online collection as described in Section 7 above.

You agree that these Conditions of Use and Sale do not infringe any agreements you have entered into with any other person, including but not limited to agreements with art galleries and other potential sellers of your artwork.

If artwork you have made available for sale on the website is advertised anywhere other than www.gofigurative,com including in art galleries which do not have an online presence, you agree it will be advertised for sale at the same price.

You agree to inform Go Figurative as soon as possible of the sale of any artwork you have made available for sale through another medium so that we do not use the image for marketing purposes.

We confirm that you will retain the copyright in any artwork we sell on your behalf and your copyright cannot be sold by us without your prior written consent and for an additional fee to be agreed.

We will assert your moral rights not to have your artwork treated in a derogatory way (by any addition, deletion, alteration or amendment) whenever it is seen in public and we will give you full credit as the author wherever your artwork is shown.

You warrant that:
You have full and complete ownership of any artwork you make available for sale through Go Figurative;
You own the copyright to any artwork you offer to us for reproduction;
You have not infringed any other person’s intellectual property in producing, making available for sale or selling any artwork.

14. Customs

When ordering goods from Go Figurative for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

15. Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

You will not hold Go Figurative responsible for any loss you may incur as a result of Go Figurative taking any of the actions described above nor for other Community Members’ actions or inactions, including content they post.

You acknowledge that we are not a traditional art gallery. We do not usually have possession of anything listed or sold through Go Figurative. Whilst we will use our reasonable endeavours to ensure that artwork advertised on the website is available for purchase, please do not assume that the offer, sale, purchase, export or import of any artwork is valid and legal simply because it appears on our website.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our Community Members, user verification on the internet is difficult. Go Figurative cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the website. We cannot guarantee the true identity, age and nationality of a Community Member.

We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of the website and services. In particular, we shall not be responsible for any consequential or indirect losses.

16. Notices

Except as explicitly stated otherwise, legal notices shall be served by registered mail to Go Figurative Limited at our registered office address 445 North Circular Road London NW10 0HP UK.  We shall send notices to you by email to the email address you provide to Go Figurative during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address you provide during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of posting.

17. Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

18. Resolution of disputes

If a dispute arises between you and Go Figurative, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

19. Governing law and jurisdiction

These conditions shall be governed and construed in all respects by the laws of England and Wales. You and Go Figurative both agree to submit to the exclusive jurisdiction of the English Courts. For claims falling within the jurisdiction of a County Court, you and Go Figurative both agree to submit to the jurisdiction of the Barnet County Court.

20. Release from claims

If you have a dispute with one or more Community Members, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

21. General

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

We may change these conditions at any time by publishing a new version on www.gofigurative.com. Your use of www.gofigurative.com will from that point on be governed by the new version.

We reserve the right to make changes to the website policies. You will be subject to the policies and conditions of use and sale in force at the time that you use the website.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.