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For Artists - Terms of Service

Artist Terms and Conditions

Listing Works on the Services

Last Updated Date: November 4, 2020

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

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

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

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

Responsibility for Works

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

Online Sales

If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively Online Sales) and you hereby grant Franklin Westwood a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Franklin Westwood, the Services.

If you submit listings for Digital Works, you hereby grant Franklin Westwood a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (Offline Sales); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Franklin Westwood 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. Franklin Westwood may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Franklin Westwood to process and fulfill orders for Printed Works.

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

Franklin Westwood and/or its third-party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Franklin Westwood’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 Franklin Westwood and the third party website or Franklin Westwood’s Offline Sales partner, as applicable, to Franklin Westwood and share related shipping information, including the contact details of the purchaser where necessary, with Franklin Westwood.  Franklin Westwood shall not enter into third-party agreement(s) without artist's consent.  Artist shall have the right to opt-out of participation with third-party service providers by notifying Franklin Westwood in writing.

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

For sales of Original Works of Art via the Online Sales channels, Franklin Westwood will credit the Account as determined by “Artist” in an amount to be determined in accordance with Franklin Westwood’s then-current standard pricing and revenue share terms (the “Artist Share”); for sales of Original Works of Art via the Services, subject to Franklin Westwood’s receipt of confirmation of delivery to the purchaser, Franklin Westwood will credit your Account with the corresponding Artist Share within 5-10 business days of the expiration of the return period, Franklin Westwood will credit your Account with the corresponding Artist 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 Franklin Westwood, in its sole discretion.  Artist Share shall be defined as the commission split on the final sales price.  When an original work of art is sold using Services of Franklin Westwood, Franklin Westwood will receive a 35% commission on the final sale price.  If a promotional discount or discount code is offered, the discount will be deducted from the price of the artwork and the 65/35 commission split will then be calculated.  If a discount has been applied to the sale of Artists Original Work of Art, it is due to the purchaser redeeming a special promotional discount while purchasing your work.  

Franklin Westwood will occasionally offer promotional discounts as an incentive for new and returning purchasers to explore the changing selection of artwork on our website.  Promotions allow artists to gain attention of purchasers previously unaware of their work and a better chance of increasing future sales.  Discount codes or offers typically give purchasers 10% to 20% off original works of art and will not exceed these amounts without the consent of Artists.  Once a sale of an original work of art has been completed and confirmed, Franklin Westwood will receive a 35% commission on the final purchase price.  If a promotional discount or code is offered, the discount will be deducted from the price of the artwork and the usual revenue split will be calculated at 65% to the Artist and 35% to Franklin Westwood.  Whereas Franklin Westwood receives a commission of 35%, the standard gallery commission is 50%.  As such, Artists will earn more through your sales with Franklin Westwood than if you were to sell through another gallery that takes their 50% commission – even considering discounts. 

You agree to comply with the terms and conditions of Franklin Westwood’s then-current Return Policy at https://franklinwestwood.com/pages/returns that are applicable to any Original Works of Art that are sold through the Services. 

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

Terms for both Sellers and Purchasers

Transaction Restrictions

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

Taxes

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

  • For an artist living within the United States, a W9 Tax Form must be completed for the sale of an Original Work of Art or Printed Work.
  • For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.

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

Color

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

Artist Content

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

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

Franklin Westwood Content

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

General Prohibitions

You agree not to do any of the following:

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

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