About Octa Gallery
Octa Gallery is the world’s leading online art gallery, connecting people with art and artists they love.
Octa Gallery offers an unparalleled selection of paintings, drawings, sculpture and photography in a range of prices, and it provides artists from around the world with an expertly curated environment in which to exhibit and sell their work.
Based in Melbourne, Octa Gallery is redefining the experience of buying and selling art by making it easy, convenient and welcoming for both collectors and artists.
Octa Gallery Terms of Service
Last Updated Date: 2016 10 July
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.
Octa Gallery 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.
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.
In order to list a work on the Site or to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Octa Gallery reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Octa Gallery of any unauthorized use of your Account.
Seller Terms and Conditions
Listing 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 Octa Gallery with all the information requested on the applicable page of our Site and you must comply with any other Octa Gallery 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 Octa Gallery with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Octa Gallery's then-current listings content guidelines, which are available at Octa Gallery's Guidelines. Octa Gallery 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 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 Octa Gallery 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 Site - please see below for instructions.
If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Remove 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 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 Octa Gallery 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 Octa Gallery'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.
If you submit listings for Original Works of Art, you hereby appoint Octa Gallery as an independent non-exclusive reseller 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 Octa Gallery 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 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 Octa Gallery, 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 will Permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through our print service.
If you submit listings for Digital Works, you hereby grant Octa Gallery a worldwide, transferable, nonexclusive, 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 Octa Gallery, 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. Octa Gallery may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Octa Gallery to process and fulfill orders for Printed Works.
As between you and Octa Gallery, Octa Gallery will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. 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 Octa Gallery, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
Octa Gallery 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 Octa Gallery’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 Octa Gallery and the third party website or Octa Gallery’s Offline Sales partner, as applicable, to Octa Gallery and share related shipping information, including the contact details of the purchaser where necessary, with Octa Gallery.
For Original Works of Art only, Octa Gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Octa Gallery, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Octa Gallery will provide you with information regarding its preferred shippers with which Octa Gallery 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. If you ship the purchased Original Work of Art via a Octa Gallery preferred shipper account, Octa Gallery will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Octa Gallery if you are using a Octa Gallery preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Octa Gallery (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 Octa Gallery preferred shipper or if you pay for the cost of shipping yourself, Octa Gallery will reimburse you for the amount you paid, up to the amount that Octa Gallery or the third party website charged the purchaser for shipping.
For sales of Original Works of Art via the Online Sales channels, Octa Gallery will credit your Account in an amount to be determined in accordance with Octa Gallery’s then-current standard pricing and commission terms, which may be found at What Is My Payout Percentage For Sales? (the “Artist Revenue Share”); for sales of Original Works of Art via the Site and Services, subject to Octa Gallery’s receipt of confirmation of delivery to the purchaser, Octa Gallery 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, Octa Gallery 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 Octa Gallery, in its sole discretion.
You agree to comply with the terms and conditions of Octa Gallery's then-current Return Policy at What's Octa Gallery's 7-Day Return Policy? that are applicable to any Original Works of Art that are sold through the Site and Services.
For sales of Printed Works via Online Sales and Offline Sales, Octa Gallery will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in Octa Gallery's then-current standard pricing and commission terms, which, as noted above, may be found at What Is My Payout Percentage For Sales?.
You will have the right to request Octa Gallery to remit the Artist Revenue Share in your Account in accordance with a Octa Gallery-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Octa Gallery will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Site, the license rights granted by you to Octa Gallery to manufacture, distribute and sell Printed Works with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Octa Gallery and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Octa Gallery or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Octa Gallery with respect to using such Digital Work to promote Octa Gallery, the Site and the Services will remain in full force and effect for only as long as necessary for Octa Gallery to fulfill any current obligations that require using the Digital Work for such promotional purposes.
Purchaser Terms and Conditions
Purchases of Original Works of Art
As a Member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Octa Gallery and not from the Member identified on the listing for such work. 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. Octa Gallery 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 Octa Gallery'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
As a Member, you may purchase Printed Works that are listed by other Members on the Site. 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, Octa Gallery 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 Octa Gallery'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.
Octa Gallery reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Octa Gallery 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 Octa Gallery cancels an order placed via the Site and Services, Octa Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.
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 Australian 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 and/or Printed Works, you acknowledge that Octa Gallery will withhold the Taxes required to be withheld from the payments Octa Gallery makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.
If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Octa Gallery will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Octa Gallery 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, Octa Gallery 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.
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 firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Octa Gallery and you hereby irrevocably assign to Octa Gallery and agree to irrevocably assign to Octa Gallery 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 Octa Gallery's request and expense, you will execute documents and take such further acts as Octa Gallery may reasonably request to assist Octa Gallery to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
In addition to submitting listings for Original Works of Art and Digital Works, Octa Gallery may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Site (individually or collectively, "Member Content"). "Member Content" excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under "Seller Terms and Conditions" above. Octa Gallery does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant Octa Gallery a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting Octa Gallery, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member's authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Site nor any use of any Member 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.
Octa Gallery Content
Octa Gallery may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Octa Gallery Content"), some of which is owned by Octa Gallery ("Octa Gallery-owned Content"), and some of which is made available under license by a third party ("Octa Gallery-licensed Content"). Octa Gallery authorizes you to download, view and print Octa Gallery-owned Content" solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Octa Gallery 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 Octa Gallery Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Octa Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.
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, Octa Gallery's name, any Octa Gallery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Octa Gallery's express written consent;
- Access, tamper with, or use non-public areas of the Site, Octa Gallery's computer systems, or the technical delivery systems of Octa Gallery's providers;
- Attempt to probe, scan or test the vulnerability of any Octa Gallery system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Octa Gallery or any of Octa Gallery's providers or any other third party (including another user) to protect the Site, Services, Octa Gallery Content or Member Content;
- Attempt to access or search the Site, Services, Octa Gallery Content or Member Content or download Octa Gallery 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 Octa Gallery 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 Octa Gallery trademark, logo URL or product name without Octa Gallery's express written consent;
- Use the Site, Services, Octa Gallery 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, Octa Gallery 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, Octa Gallery 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.
Octa Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Octa Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Octa Gallery 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. Octa Gallery 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, Octa Gallery Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Octa Gallery, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Sweepstakes and Contests
Octa Gallery 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 Octa Gallery'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.
The Site, Services and Octa Gallery Content are protected by copyright, trademark and other laws of the Australia and foreign countries. Except as expressly provided in these Terms, Octa Gallery and its licensors exclusively own all right, title and interest in and to the Site, Services and Octa Gallery 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 Octa Gallery Content.
Octa Gallery respects copyright law and expects its users to do the same. It is Octa Gallery's policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Octa Gallery's Copyright Policy at Our Copyright for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Octa Gallery 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 Octa Gallery 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, Octa Gallery will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Octa Gallery reserves the right to revoke your access to and use of the Site, Services, Octa Gallery Content and Member Content at any time, with or without cause. In the event Octa Gallery terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com
THE SITE, SERVICES, Octa Gallery CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Octa Gallery 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. Octa Gallery MAKES NO WARRANTY THAT THE SITE, SERVICES, Octa Gallery CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Octa Gallery 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 Octa Gallery 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, Octa Gallery DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES Octa Gallery MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. Octa Gallery 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.
You agree to defend, indemnify, and hold Octa Gallery, 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, Octa Gallery Content or Member Content, or your violation of these Terms.Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Octa Gallery Content and Member Content remains with you. Neither Octa Gallery nor any other party involved in creating, producing, or delivering the Site, Services, Octa Gallery 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, Octa Gallery 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 Octa Gallery 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 Octa Gallery's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Octa Gallery 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 Octa Gallery from the sale of Printed Works, the total payments made or credited to you by Octa Gallery 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 Octa Gallery 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 Octa Gallery 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 Octa Gallery used herein are trademarks or registered trademarks of Octa Gallery. 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 Victoria (Australia) 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 the Melbourne and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Octa Gallery and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Octa Gallery and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Octa Gallery's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Octa Gallery 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.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Octa Gallery 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.
The failure of Octa Gallery 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 Octa Gallery. 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 Octa GalleryIf you have any questions about these Terms, please contact Octa Gallery at firstname.lastname@example.org.
Effective Date: 2016 10 July
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the Australia or internationally.
Information Collection and Use: Personally Identifiable Information
- In the course of using the Site and Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Site and Services and to respond to your inquiries.
- We may also request that you provide certain information, such as your zip code and personal preferences, which is typically considered "Non-Identifying Information" because it cannot, by itself, be used to contact or identify you.
- We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.
- Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Octa Gallery users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used.
- We also use your Personal Information to contact you with Octa Gallery newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or via the "Account" section of the Site. (See "Changing or Deleting Information," below.)
Log Data. When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a "Octa Gallery User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, ads you click on during your use of the Site, your viewing preferences, bookmark habits and other statistics. We use this information to monitor and analyze use of the Site and for the Site's technical administration, to increase our Site's functionality and user-friendliness and to better tailor the Site to our visitors' needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
We also use "web beacons," "pixel tags," "clear GIFs" or similar means (individually or collectively "Web Beacons") on our Site. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.
Making Purchases and Listing Works via the Site
If you purchase a work or other item or list a work for sale via the Site, we request certain Personal Information from you. You must provide contact information such as first and last name, address, city, zip, email and phone number and financial information such as credit card type, credit card number, expiration date and CVV2. We use this information for billing and remittance purposes, to list works for sale on the Site and to fulfill your orders, as applicable. If we have trouble processing an order or listing a work for sale, we will use this information to contact you. If you list a work for sale via the Site, we require you to provide a copy of a government issued photo identification. When you place an order or list a work for sale via the Site, Octa Gallery will also send you informational emails regarding such orders and sales.
Information Sharing and Disclosure
Octa Gallery Members. When you register for the Site and create an Account, your Personal Information (including, but not limited to, your name) will be publicly viewable via the Site. We recommend that you guard your sensitive information and we encourage you to think carefully about what information you post via the Site. If you choose to purchase Original Works of Art via the Site and Services, we will share your name and postal address with the Member who listed the work for sale on the Site to enable that Member to ship the purchased work directly to you.
Octa Gallery Forums. If you choose to participate in the Octa Gallery forums via the Site, the content of any comments or information you post in such forums will be publicly available via the Site, together with your profile picture, your name, and a link to your profile on the Site. Participating in the Octa Gallery forums is voluntary and should correlate with the degree of interaction you want to have with other Octa Gallery Users.
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform Site-related services (e.g., without limitation, payment processing, billing and shipping services, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Octa Gallery cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Octa Gallery or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers. Octa Gallery may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
To completely delete all Personal Information you provide to Octa Gallery, you must contact us at email@example.com. If you completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The security of your Personal Information is important to Octa Gallery. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) via the Site, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Identity theft and the practice currently known as "phishing" are of great concern to Octa Gallery. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, username, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Australian Trade and Investment Commission - Austrade website.
Links to Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Octa Gallery Copyright Policy
Octa Gallery ("Octa Gallery") respects the intellectual property rights of others and expects its users to do the same.
It is Octa Gallery's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Octa Gallery will respond expeditiously to claims of copyright infringement committed using the Octa Gallery website (the "Site") that are reported to Octa Gallery's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Octa Gallery's Designated Copyright Agent. Upon receipt of the notice as described below, Octa Gallery will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Octa Gallerys Designated Copyright Agent:
Victoria, Melbourne, Australia
T: (+61) 04 7051 4144
Upload Your Art
Upload your work and start selling to collectors as well as sharing with our community. We provide you access to collectors and art lovers around the world. You can sell original works and/or let our fine art printer reproduce your work in various sizes to sell as prints. You will receive 70% of all profits on any work sold.
Once you direct to “Create Product” page, you will be asked for the following listing information:
Title: You need to enter proper title for your artwork
Artwork Image: Select a file on your computer that you want to upload. The minimum file size accepted is 1200 x 1500 pixels. (Need help photographing your artwork? Click Here)
Description & Short Description: Collectors tend to appreciate works more if they know the “story” behind them, so be sure to write informative artwork descriptions. Great descriptions not only provide useful information (e.g. physical texture, whether hanging hardware is included, quality of materials), but they also answer questions like:
- What/who inspired the work?
- What do you hope it’s viewers will feel/think?
- Why did you choose the medium, subject matter, style?
Corner Text: Specify the selling states of your product (Sold or Auction). Type the proper word in text field.
Specifications:Choose maximum 5 (Five) words for each field. Spend time choosing carefully - avoid words that aren't descriptive, avoid adjectives, describe the subject (what is it?), answer who, what, how, why, when and where.
Artist, Artwork Type, Category, Medium, Style, Collection, Subject, Color, Pattern, Orientation, Size: This information will be especially useful for Search and Browse features. The more information, the easier it will be to find.
SKU: It is a machine-readable bar code that helps the item to be tracked for inventory.
Price: Select a price for your artwork. If you would like pricing tips - click here. Include the cost of professional packaging in determining the price./
NOTE: Be accurate in providing shipping weight and shipping dimensions. This information WILL be used to calculate shipping costs for the buyer. Octa Gallery's shipping account will be used to process the shipment and shipping costs will be incurred by Octa Gallery. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Octa Gallery (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Net Sales Proceeds.