Terms

Last updated: February 11th, 2018.

Unfinished Works. ("Unfinished Works," "we" or "our") provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the "Service", collectively the "Services") through our website, accessible at unfinished.works (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at unfinished.works/policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Unfinished Works.

Certain areas of the Site 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 Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

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

 

The word Works in this document refers to any work of art submitted to Unfinished Works.
We consider a Work of Art anything submitted to us by an Artist.
An Artist is any person who register's with Unfinished Works as an artist, regardless of their discipline of work.

 

Modification

Unfinished Works reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or 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 Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site 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 Site and Services.

 

Eligibility

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

 

Privacy

See Unfinished Works's Privacy Policy at unfinished.works/policy for information and notices concerning UnFinished Works's collection and use of your personal information.

 

un.shop artists Terms and Conditions

Works on the Site

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 Site and 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 Site and 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 Unfinished Works with all the information requested on the application page of our Site and you must comply with any other Unfinished Works requirements as identified on such page.

Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Unfinished Works with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Unfinished Works's then-current listings content guidelines, which are available at unfinished.works/guidelines.
Unfinished Works reserves the right to not accept all works in your listing.

You acknowledge that Unfinished Works 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.

Once your work is selected to be on sale on the Shop, Unfinished works holds exclusivity on the sale of the selected work for a period of eight (6) months. For six (6) months the work will be sold for its full price, and after that period the work will be reduced on sale for a discounted percentage previously agreed between the Artist/Seller and Unfinished Works by writing.

If an Artist/Seller wish to remove a listing for an Original Work from the site before the agreed time the Artist/Seller agrees that will be bound to pay Unfinished Works thirty-five percent (35%) of the full cost of the piece.

 

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 Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and 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 Site and 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 Unfinished Works 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 Site and Services nor Unfinished Works'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, or result in the violation of any applicable law or regulation.

In case of damage of the work, proof of damage must be submitted and accepted by Unfinished Works; in case proof is not submitted or  Unfinished Works finds proof not valid, the Artist will be responsible to pay thirty-five percent (35%) of the full costs of the work to Unfinished Works.

 

Online Sales

If you submit listings for Original Works of Art, you hereby appoint Unfinished Works as an independent exclusive re-seller of the work selected by Unfinished Works, with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Unfinished Works a worldwide, transferable, 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 Online 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 Unfinished Works, the Site 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 an Original Work of Art via the Online Sales channel.

 

If you submit listings for Digital Works, you hereby grant Unfinished Works a worldwide, transferable, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed 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 Unfinished Works, the Site 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. Unfinished Works may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Unfinished Works to process and fulfill orders for Printed Works.

As between you and Unfinished Works, Unfinished Works will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels.

 

Unfinished Works 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 Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Unfinished Works’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 Unfinished Works and the third party website or Unfinished Works’s Offline Sales partner, as applicable, to Unfinished Works and share related shipping information, including the contact details of the purchaser where necessary, with Unfinished Works.

For all works, Unfinished Works will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Unfinished Works, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Unfinished Works will provide you with information regarding its preferred shippers with which Unfinished Works maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven 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 and you will be fined with an increase of 10% of the Unfinished Works commission. If you ship the purchased Original Work of Art via a Unfinished Works preferred shipper account, Unfinished Works will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Unfinished Works if you are using a Unfinished Works preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Unfinished Works (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 Unfinished Works preferred shipper or if you pay for the cost of shipping yourself, Unfinished Works will reimburse you for the amount you paid, up to the amount that Unfinished Works or the third party website charged the purchaser for shipping.

All sold items must be shipped with the Unfinished Work History Pack, which must be picked up by the artist/seller up to 3 days after the date of sale of item in our work office at the Barbican Centre in London, Silk Street London EC2Y 8DS Underground: Barbican / Moorgate.
This pick up should be arranged in writing between Unfinished Works and the Artist/Seller. In case the Artist does not reside in London, a pack will be sent to the Artist's address in via next day delivery mail. 

 

For sales of Original Works  via the Online Sales channels, Unfinished Works will credit your Account in an amount to be determined in accordance with Unfinished Works’s standard pricing and commission terms (35%) for sales of Original Works of Art via the Site and Services, subject to Unfinished Works’s receipt of confirmation of delivery to the purchaser, Unfinished Works 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, Unfinished Works 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 Unfinished Works, in its sole discretion.

You agree to comply with the terms and conditions of Unfinished Works's then-current Return Policy at unfinished.works/policy that are applicable to any Original Works of Art that are sold through the Site and Services.

 

Purchaser Terms and Conditions

Purchases of Original Works of Art

You may purchase Original Works of Art that are selected by Unfinished Works but owned by third part Artists/Sellers. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Unfinished Works and not third part Artists/Sellers. 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 or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Unfinished Works and/or its third party service providers will collect your billing and shipping information and process your payment. 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 Unfinished Works's then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and 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

You may purchase Printed Works that are selected by Unfinished Works but owned by third part Artists/Sellers. 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), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site and Services, Unfinished Works and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of Unfinished Works's then-current Return Policy apply to any Printed Works that you purchase through the Site and Services. When you purchase Printed Works via Online Sales (other than via the Site and 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

Unfinished Works reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Unfinished Works 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 Unfinished Works cancels an order placed via the Site and Services, Unfinished Works 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 an Artist and have submitted a piece of Original Work of Art or a Digital Work and have been contacted through the Site and Services by a customer 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.

If exhibiting your work, you may sell your work through other vias however you will still be personally bound to cover 35% of the total price of agreed between you and Unfinished Works to take the work off of our books.

Similarly, if you are a customer 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.

 

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 Sterling Pounds 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 and/or Printed Works, you acknowledge that Unfinished Works will withhold the Taxes required to be withheld from the payments UnFinished Works makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.

 

Color

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

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at info@unfinished.works, or by filling the contact form in out contact page. You acknowledge and agree that all Feedback will be the sole and exclusive property of Unfinished Works and you hereby irrevocably assign to Unfinished Works and agree to irrevocably assign to Unfinished Works all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Unfinished Works's request and expense, you will execute documents and take such further acts as Unfinished Works may reasonably request to assist Unfinished Works to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

 

 

Unfinished Works Content

 

Unfinished Works may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Unfinished Works Content"), some of which is owned by Unfinished Works ("Unfinished Works-owned Content"), and some of which is made available under license by a third party ("Unfinished Works-licensed Content"). Unfinished Works authorizes you to download, view and print Unfinished Works-owned Content" solely for your personal use in visiting the Site. For Unfinished Works 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 page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Unfinished Works Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Unfinished Works 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; (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 or substances.

·              Use, display, mirror or frame the Site, or any individual element within the Site, Unfinished Works's name, any Unfinished Works trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Unfinished Works's express written consent;

·              Access, tamper with, or use non-public areas of the Site, Unfinished Works's computer systems, or the technical delivery systems of Unfinished Works's providers;

·              Attempt to probe, scan or test the vulnerability of any Unfinished Works system or network or breach any security or authentication measures;

·              Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Unfinished Works or any of Unfinished Works's providers or any other third party (including another user) to protect the Site, Services, Unfinished Works Content or Member Content;

·              Attempt to access or search the Site, Services, Unfinished Works Content  or download Unfinished Works Content or Member Content from the Site or 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 Unfinished Works 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 Unfinished Works trademark, logo URL or product name without Unfinished Works's express written consent;

·              Use the Site, Services, Unfinished Works 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 the Site, Services, Unfinished Works 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 Site, Services, Unfinished Works 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 Site;

·              Collect or store any personally identifiable information from the Site or Services from other users of the Site or 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.

Unfinished Works will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Unfinished Works may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Unfinished Works has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and 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. Unfinished Works 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, Unfinished Works Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Unfinished Works, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

 

Sweepstakes and Contests

UnFinished Works may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Unfinished Works'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

The Site, Services and Unfinished Works Content are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms, Unfinished Works and its licensors exclusively own all right, title and interest in and to the Site, Services and Unfinished Works Content and Printed Works, 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 Site, Services or Unfinished Works Content.

 

Copyright Policy

Unfinished Works respects copyright law and expects its users to do the same. It is Unfinished Works's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unfinished Works's Copyright Policy at unfinished.works/copyright for further information.

 

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Unfinished Works 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 Unfinished Works 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, Unfinished Works will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Unfinished Works reserves the right to revoke your access to and use of the Site, Services, Unfinished Works Content and Member Content at any time, with or without cause. In the event Unfinished Works terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your account at anytime by emailing info@unfinished.works. Charges may apply to artists who are selling their Work in the Un.Shop.

 

Disclaimers

THE SITE, SERVICES, Unfinished Works CONTENT AND Artist CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UnFinished Works 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. Unfinished Works MAKES NO WARRANTY THAT THE SITE, SERVICES, Unfinished Works CONTENT OR artist CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Unfinished Works MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR 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 Unfinished Works OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Unfinished Works DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES Unfinished Works MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. Unfinished Works 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 PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

 

Indemnity

You agree to defend, indemnify, and hold Unfinished Works, 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 Site, Services, Unfinished Works Content or Artist 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, Unfinished Works Content and Member Content remains with you. Neither Unfinished Works nor any other party involved in creating, producing, or delivering the Site, Services, Unfinished Works 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, Unfinished Works 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 (including negligence), product liability or any other legal theory, and whether or not Unfinished Works 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 Unfinished Works's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Unfinished Works 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 Unfinished Works from the sale of Printed Works, the total payments made or credited to you by Unfinished Works 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 Unfinished Works 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 Unfinished Works 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 Unfinished Works used herein are trademarks or registered trademarks of Unfinished Works. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United Kingdom 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 England each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

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

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Unfinished Works's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Unfinished Works 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 Unfinished Works via email (in each case to the address that you provide) or (ii) by posting to the Site. 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 Unfinished Works 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 Unfinished Works. 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 UnFinished Works

If you have any questions about these Terms, please contact Unfinished Works at info@unfinishedworks.com