i) Artist Portfolio User Agreement

1. ACCEPTANCE OF TERMS

DAX/DAX services offers you the ARTIST PORTFOLIO service. These services are subject to the Terms of Service (TOS), which may be updated occasionally without notice. You should frequently check the latest version of the TOS. It’s important to note that other services provided by DAX/DAX services have their own Terms of Service.

2. DESCRIPTION OF SERVICE

DAX/DAX services grants access to a variety of online resources, including ARTIST PORTFOLIO hosting services. Any new features that improve or extend our current services will also fall under these TOS. To use our services, you’ll need internet access, which may involve fees, and your own equipment, such as a computer and modem.

Please be aware that certain sections of our service may feature mature content. Users under 18 must have the permission and supervision of an adult, who will be responsible for the account. Social features may not be accessible to users under 18 unless specified by DAX/DAX services.

3. YOUR REGISTRATION OBLIGATIONS

In using our services, you agree to provide accurate and complete information about yourself and your art. You must keep this information up to date. If any information is found to be incomplete, inaccurate, or misleading, DAX/DAX services has the right to terminate your account. Artists are responsible for their tax obligations, and any sales found to be fraudulent or misrepresented will result in withheld payments.

4. DAX/DAX SERVICES PRIVACY POLICY

According to our privacy policy, personal information in your Registration Data won’t be shared with third parties without your consent, except as required by law or to enforce the TOS. Our full privacy policy can be found on our website.

5. MEMBER CONDUCT

You are solely responsible for the content you upload or share. DAX/DAX services doesn’t control the posted content and, therefore, cannot guarantee its accuracy or quality. Posting content that is illegal, harmful, or infringes on others’ rights is prohibited.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

You must comply with all local laws regarding online conduct and acceptable content, including laws relating to the export of data from your country of residence.

7. CONTENT SUBMITTED TO DAX/DAX SERVICES

You retain copyright of your content, but by posting, you allow us to use it for promoting your work. We do not accept AI-generated content. This license ends when your membership is terminated.

8. INDEMNITY

You agree to protect DAX/DAX services from any claims arising from your use of the service, including content posted by you or any violations of the TOS.

9. NO RESALE OF SERVICE

The service is for personal use only and cannot be resold.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

We may set limits on the use of our services.

11. MODIFICATIONS TO SERVICE

We reserve the right to modify or discontinue the service at any time without notice. We are not liable for any changes made.

12. TERMINATION

Your service can be terminated for any violations of the TOS without notice. Requests for removing your artist portfolio can be made via email.

13. ADVERTISEMENTS AND PROMOTIONS

We have the right to display advertisements on your ARTIST PORTFOLIO site. Your interactions with advertisers are between you and them; we are not responsible for any loss or damage incurred as a result of these dealings.

14. LINKS

We are not responsible for the content on external sites linked from our service.

15. DAX/DAX SERVICES PROPRIETARY RIGHTS

You are granted a limited license to use our software and service as provided, without making any modifications or unauthorized uses.

16. DISCLAIMER OF WARRANTIES

The service is provided “as is” without any warranties. We do not guarantee that the service will meet your requirements or be error-free.

17. LIMITATION OF LIABILITY

We are not liable for any direct or indirect damages resulting from the use of our service.

18. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these may not apply to you.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

Information provided through our service is for informational purposes only and should not be used for trading or investing decisions.

20. NOTICE

Notices may be sent to you via email or regular mail, or through postings on the service.

21. COPYRIGHTS

We respect intellectual property rights and expect our users to do the same.

22. GENERAL INFORMATION

The TOS, including any additional terms and conditions applicable to certain services, constitute the entire agreement between you and DAX/DAX services.

ii) ARTIST SALES AGREEMENT

Decentralized Art Exchange Foundation, an United Kingdom corporation, hereinafter known as DAX, is in the business of providing an internet service to artist customers to expose those artists’ creativity on a worldwide basis, and facilitate the opportunity for those artists to market their creative projects to a worldwide customer base.

This is NOT an exclusive contract. Artist or their legal representative may make their work(s) available through other channels but not use DAX to direct shoppers to another online selling venue to purchase the same items as listed in your Artist Portfolio, if it constitutes fee avoidance. If contact for the purchase of the artist’s artwork has been made through DAX any commission related to the sale is due to DAX, or this constitutes fee avoidance.

DAX reserves the right to modify or terminate the DAX service for any reason, without notice, at any time. DAX reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If DAX makes a material change DAX will notify you here or by email or by means of a notice or other ways DAX deems appropriate. What constitutes a “material change” will be determined at DAX’s sole discretion, in good faith, and using common sense and reasonable judgment.

ORIGINAL ARTWORK

In furtherance of this objective, in exchange for Two Percent (2%) of the total deposit less agreed shipping, insurance costs, DAX and the artist or artist’s legal representative agree as follows:

1. DAX will act as an intermediary for the sale of original artwork via the following websites: wwar, DAX and additional sites via which DAX is able to make your artwork available. DAX will act as an intermediary between the artist and the Artist’s buyer. The artist or buyer may not be a minor. Any original artwork below $100 shall be handled directly by the artist and the Artist’s buyer.
2. Any sale shall take place between the artist and the buyer. The artist is responsible for their own tax obligations. All credit card or sales via PayPal shall be denominated in United Kingdom Dollars. All bank transfers to DAX’ Bank account shall be denominated in US Dollars.
3. The agreed purchase price of the art, including agreed shipping, insurance, applicable taxes and any discounts shall be paid to DAX by the buyer, prior to shipping.
4. If artist is showcased/represented/displayed at other websites, artist agrees to set pricing for each artwork at the same price or at a lesser price than at other site. Artist agrees to keep pricing and availability of all artworks up to date at all times. If artist publishes same artwork at a lesser price on any other website DAX shall offer the same lesser published price to any buyer. DAX at its own disgretion shall also offer a 10% discount to all buyers in addition to the lesser published price. The artist agrees to the 10% reduction in price in addition to the lesser published price.
5. DAX shall be able to promote the artist’s artwork by offering reasonable discounts and or sales on the artist’s artwork. Commissions rates are based on the final discount or sales price of the artist’s artwork price.
6. DAX will accept payment from the buyer in United Kingdom currency, or by appropriate charge/ debit (Visa, Mastercard, American Express, Discover card), PayPal, in an equivalent amount to the U.S. Dollar sales figure.
7. Artwork shipping, including appropriate insurance is and remains the responsibility of the Artist. Artist agrees to provide DAX with a shipping quote/reply within 3 days of purchase. If artist fails to provide such information DAX retains the right to delete all Artist’s information from DAX website at any time for any reason.
8. The Artist quotes accurate artwork shipping cost to DAX prior to shipping of artwork. This quoted shipping cost is the agreed upon shipping cost and is final. Artist will be reimbursed for quoted shipping cost after artwork sale has been finalized. If shipping cost at time of shipping is higher than previously quoted shipping cost, artist will not be reimbursed for amounts that are higher than previously quoted shipping cost.
9. Upon receipt of the artwork by the buyer, the artist’s buyer shall have three (3) business days to review the work. Commissions, or any specially created artworks are not returnable and sales are considered final. Upon return of the artwork, the artist shall notify DAX and buyer of the shipping date within 24 hours of actual shipping, said notice to include a shipping tracking number. It is agreed by the artist herein, that absent actual notification, receipt by the buyer shall be assumed to be no longer than twenty-one (21) days unless agreed upon in writing.
10. If the artwork is rejected by the buyer, DAX will hold any payment by the buyer until notified by the Artist that the artwork has been received back, by the Artist. If the artist does not accept delivery, neglects to make arrangments to receive the returned artwork or refuses/denies/neglects to receive the artwork back for any reason DAX will not pay the artist for the price of the artwork or costs related to shipping. Alternatively, where DAX is notified by the buyer of delivery as evidenced by a signed return receipt, e-mail or tracking notification, and the Artist fails to confirm receipt and condition within 24 hours after delivery, in answer to a DAX notification, for a period of (1) day. Following receipt or constructive receipt, as outlined herein, DAX will return the buyer’s payment.
11. If the artwork is accepted, DAX will make payment to the Artist during the first week of the month, first following acceptance of the artwork, acceptance being as outlined above. Payment to the artist shall be the full amount as deposited by the buyer (purchase price plus agreed shipping and insurance costs), less thirty-five percent (35%) at the Free Portfolio Level, (25%) at the Regular Portfolio Level, (20%) at the Premiere Portfolio Level of the purchase price to DAX for providing this service. If the artist includes free shipping DAX is not responsible for shipping costs.
12. In the event any payment has stopped for any reason, DAX shall not be held responsible for said stop payment, by either the artist or the artist buyer. Any remedies for DAX against either the buyer or the seller shall be preserved however, any action for payment or recovery of artwork as and between the buyer and the seller shall remain the sole responsibility of said buyer or said artist seller.
13. PAYMENTS TO ARTIST IN USA OR CANADA FOR ORIGINAL ARTWORK: DAX will pay artist via Company Check, PayPal or Wire Transfer. For wire/bank, Paypal payments artist is responsible for transfer fees incurred by DAX and will be deducted from the artist’s payment. Wire/Bank transfers are subject to a $10 fee charged by DAX. Artists are responsible for all applicable taxes for all sales with the appropriate tax collecting services of each artist’s country of residency. All sales are between the artist and the buyer.

PAYMENTS TO ARTIST OUTSIDE OF USA OR CANADA

DAX will pay artist via PayPal, International Wire Transfer or Western Union. International Wire Transfers or Western Union payments are subject to bank fees / Western Union fees and an additional $10 DAX fee which will be deducted from the artist’s payment.

In requesting that DAX undertake this service for the Artist, and the Artist’s buyer, the Artist agrees as follows:

1. DAX is not, in so acting, the agent, representative, broker, or employee of the Artist or the Artist’s buyer.
2. DAX assumes no responsibility or liability for any part of delivery, insurance, cost of delivery, customs fees, recovery etc. It is the responsibility of the artist to fully insure all shipments to the client.
3. The Artist agrees that the artwork sold or transferred to the buyer, is that Artist’s original work represented in the Artist’s Portfolio or a legal electronic representation/reproduction of the original work in case of a (POD Artwork) the artist has all legal rights to sell and hereby agreed to sell/transfer ownership, and further agrees not to act as an agent, representative, broker or employee for any other artist utilizing this service with DAX.
4. The Artist shall always inform DAX and the buyer if the artwork being sold and shipped is a copy, different version, edition of the original artwork posted at DAX prior to selling the work at DAX. In case that the artist sells a copy or derivative work of another work without the knowledge and written confirmation from DAX or the buyer the artist will be deleted from DAX and any misrepresented artwork will not be returned to the artist and the artist will not be reimbursed for shipping costs and the artist will not be paid the selling price of this artwork as this is fraud and a clear misrepresentation of artwork for sale.
5. The Artist shall always inform DAX in writing and with photographs as proof if any changes or alterations have been made to the artwork such as touch up, repairs, enhancements, etc. prior to shipping to client. If any changes have been made and the Artist does not inform DAX and the client rejects the artwork DAX will not reimburse the Artist for shipping costs. The Artist will also be responsible for all shipping costs for the return of the artwork to the Artist or the artwork may not be returned to the Artist.
6. The Artist shall package all artwork in a secure manner. It is the full responsibility of the Artist to properly, securely and professionally package the artwork for safe transport from the artist’s studio to the client’s shipping location. If the client rejects the artwork because of improper packaging by the Artist and an insurance claim cannot be filed with the shipping company because of wrong or inadequate packaging DAX will not reimburse the Artist for quoted shipping cost and the Artist will be responsible for all shipping costs related to the return shipping to Artist or the artwork may not be returned to the Artist.
7. If the Artist delivers the artwork to the client or picks up the artwork from the client upon a return or for any other reason, it is the Artist’s responsibility to properly and securely package the artwork for transport, carry full insurance for the artwork, delivery vehicle and Artist and any accompanying persons during transport.
8. If the Artist picks up the artwork from the client for any return reasons, the artist needs to send photographic evidence with verifiable date stamp in photo to be taken in the artist’s studio so that DAX can verify that the artwork was actually returned to the artist.
9. The Artist understands and agrees, that DAX is not an importer or exporter, nor is DAX an art dealer, or merchant in international or interstate commerce.
10. The Artist understands and agrees that DAX may reject or refuse to undertake any transaction or request to act as outlined herein, for any reason. Upon accepting a transaction or request, the full extent of DAX’ responsibility is and shall be limited to the express duties as set out herein.
11. The Artist agrees to keep all information up to date and accurate and further warrants the work to not be subject to any copyright infringement, criminal or illegal activity.
12. The Artist agrees to provide DAX with a valid Tax ID or social security number for tax purposes, if required by law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any DAX service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Should you have a dispute with one or more users, or an outside party, you release DAX (and DAX’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

The parties hereto agree, that all rights and duties under this contract shall be governed by the laws of the United Kingdom, this transaction bearing a reasonable relation to said state.

The parties hereto agree, that in the event of any dispute arising from this contract, the dispute shall be submitted to arbitration, in the United Kingdom, within one (1) month from the date of the event from which the dispute arises, which also cannot be later than (30) thirty days after a sale, as outlined by the laws of the United Kingdom, and any action after said time is herein and hereby precluded. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Arbitration as outlined herein, shall be the exclusive remedy of either party to the dispute, and the results thereof shall be binding on all parties. DAX’ liability in any case, shall be limited by this contract, and shall in no case, be greater than one hundred percent (100%) of the purchase price.

In the event this Sales Agreement is cancelled for any reason, DAX may suspend your ability to use your DAX account and you remain obligated to pay DAX for any and all unpaid amounts. DAX may amend this Sales Agreement from time to time consistent with applicable law.