Terms of Use

Thank you for visiting and using The Exhibit, while you are here please follow our Terms of Use.

These Terms of Use were updated on the 29th May 2018

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and The Exhibit Limited NZBN 9429046264282 (otherwise known as “The Exhibit”). References throughout these Terms to “we”, “us” or “our” means The Exhibit or any employee of The Exhibit responsible for dealing with you. The Terms sets out your rights and responsibilities when you use theexhibit.io, and any other services provided by The Exhibit (known collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, sadly, you won’t be able to use our Services.

1. Documents included in these Terms

The Exhibit’s Services are designed to connect an art community of artists, curators and art collectors from around the world. Here’s a guide to help you understand the specific terms and policies that are relevant for you, depending on how you use the Services:

1.1. If you use any of our Services, browse or shop, you agree to these Terms and The Exhibit’s Privacy Policy.

1.2. If you curate an exhibition using our Services (“Curator”) or are included as an Artist in an exhibition curated using our Services (collectively known as “Exhibitors”), you agree to The Exhibit’s Exhibitor Policy. You can read this here. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.

2. Human Rights

The Exhibit wants to foster an inclusive art exhibition environment for artists, curators and art collectors around the world. Therefore creating a platform free from discrimination is our priority. On The Exhibit, you can't discriminate based upon:

  • Race
  • Colour
  • Ethnicity
  • National origin
  • Religion
  • Gender
  • Sexual orientation
  • Disability
  • or any other characteristic protected under applicable law

It is your responsibility as an exhibitor or buyer to know your local laws and any other legal regulations on discrimination that might apply to you. If you think discrimination has occurred on The Exhibit, please report it by e-mailing support@theexhibit.io and we will investigate.

3. Intellectual Property

The Exhibit takes intellectual property rights very seriously.

3.1. If you would like to submit a notification of alleged infringement, please either use the Report Exhibition link on the related exhibition entry page or email us at support@theexhibit.io.

3.2. The Exhibit strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When The Exhibit removes or disables access in response to a notice, The Exhibit makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. The Exhibit may also provide a copy of the notice to the allegedly infringing party.

3.3. If The Exhibit receives a counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter-notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs The Exhibit of this action. The Exhibit sends a copy of the counter-notice to the original complaining party.

3.4. The Exhibit terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at The Exhibit’s discretion.

4. Your Privacy

Your privacy is critically important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both The Exhibit and Exhibitors process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if an Exhibitor accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the Exhibitor, not The Exhibit, will be responsible for that unauthorised disclosure.

If, however, The Exhibit and Exhibitors are found to be joint data controllers of buyers’ personal information, and if The Exhibit is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify The Exhibit for the expenses it occurs in connection with your processing of buyer personal information. See Section 14. Indemnification below for more information about your indemnification obligations to The Exhibit.

5. Your Account with The Exhibit 

You’ll need to create an account with The Exhibit to use some of our Services. Accounts are subject to the Terms and the following restrictions in particular:

5.1. You must be 18 or older to use our Services. Minors under 18 are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account. All financial information on the account, such as a credit card and bank account details, must be that of the parent or legal guardian.

5.2. Don’t use false information or impersonate another person or company through your account.

5.3. As an Exhibitor, if you decide to not to use your real name on your Exhibitor profile, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.

5.4. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

5.5. You’re solely responsible for protecting your password and keeping your account password secure.

5.6. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Exhibit.

6. Your Content

Content that you post using our Services is your content (otherwise known as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (such as but not limited to Exhibitor names, profile pictures, exhibition names, exhibitions details, featured exhibition images, exhibition descriptions, artwork photos, artwork descriptions, reviews, comments, videos, usernames, etc.).

6.1. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. For Curators, if your exhibitions include the artwork of other Artists, the Artist must have given you permission to use their content in your exhibition.

6.2. By posting Your Content through our Services, you grant The Exhibit a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote The Exhibit, your exhibitions, or the Services in general, in any formats and through any channels, including across any The Exhibit Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.

6.3. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please either use the Report Exhibition button or email us at support@theexhibit.io.

6.4. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify Exhibitors if this happens.

6.5. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Exhibitor Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

7. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

7.1. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your exhibition requires; you may not sell anything that violates any laws; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against The Exhibit, another The Exhibit user, or a third party.

7.2 You are responsible for paying all fees that you owe to The Exhibit. You are solely responsible paying any applicable taxes for any purchases you make through our Services. As an Exhibitor, The Exhibit will help you collect the correct amount of GST, VAT or local sales tax (known collectively as “VAT”), but you are solely responsible for passing this collected tax onto the relevant tax agency or government department. Your fees, taxes, and how you can pay them are fully explained in our Exhibitor Policy and in 8.4 below.

7.3. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

7.4. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

7.5. Any unsolicited ideas or other materials you submit to The Exhibit (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

8. Payments

The Exhibit allows buyers to make payments to purchase an artwork and for exhibitors to process these payments and receive pay-outs when they make a sale using The Exhibit’s payment services. By transacting and selling on The Exhibit you are agreeing to the Exhibitor Policy and Terms outlined below.

8.1. Third Party Services

The Exhibit has engaged a third-party service provider to perform the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and the disbursement of funds to exhibitors (collectively the “Payment Processing Services”). Payment Processing Services for exhibitors and buyers on The Exhibit are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Exhibit enabling Payment Processing Services through Stripe, you agree to provide The Exhibit accurate and complete information about you, and you authorize The Exhibit to share with Stripe personal and transactional information related to your use of the Payment Processing Services provided by Stripe.

If The Exhibit receives notice that your exhibition's content, artwork or account activity violates Stripe’s agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling artwork from your exhibition, suspending your exhibiting privileges or delaying any pending payouts.

8.2. The Exhibit’s Rights and Responsibilities

The Exhibit’s Payment Processing Services may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in The Exhibit’s Terms of Use.

As a security measure, we may impose transaction limits on buyers and exhibitors. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other periods of time. We will not be liable to an exhibitor: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

The Exhibit may refuse service of its Payment Processing Services to anyone, for any reason, at any time.

The Exhibit reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of The Exhibit’s Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate artwork sold using The Exhibit’s Payment Processing Services (e.g., where the buyer used a stolen or unauthorised credit card), The Exhibit may provide limited payment protection to the seller, in the interest of fairness.

The Exhibit maintains records associated with transactions on The Exhibit and does not pass any secure data, including credit card numbers or bank account information to any exhibitors. Exhibitors will only receive shipping information and limited buyer account information necessary to complete the order. The Exhibit’s Privacy Policy further explains how The Exhibit handles user information.

The Exhibit will send you any relevant notices regarding your use of the Payment Processing Services in accordance with 10. Electronic Communications below.

8.3. The Exhibitor’s Rights and Responsibilities

Our Exhibitor Policy details your responsibilities as an exhibitor when you use The Exhibit’s payment functionality. By using our Services, you're also agreeing that we can manage your payments and payout deposits in the ways set out in the Exhibitor Policy, so please read it here.

8.4. The Buyer’s Rights and Responsibilities

All payment transactions on The Exhibit are processed in New Zealand dollars (NZD) as we are a New Zealand Company. If the currency of your credit or debit card differs to that of NZD, you may be charged a foreign currency transaction fee by your financial institution or card provider. As a buyer, you are solely responsible for covering any such fees.

All artworks available for sale are displayed as tax exclusive on The Exhibit.

The Exhibit will calculate sales taxes (such as VAT and GST), where applicable, and inform buyers of the payable tax amounts during the transaction checkout process. The addition of sales taxes to your purchase order may increase the gross value of your transaction.

Transactions on The Exhibit do not include any customs duties, import taxes, excises or other applicable taxes which you may be liable for as an importer of goods into the country of destination. This means that as a buyer you are solely responsible for paying any import sales taxes, customs duties, excises and other applicable taxes when your purchased artwork arrives at the country specified in your shipping address.

At The Exhibit, we are not experts on international cross-border transactions and the importation of restricted goods into your home country. Exhibitors are required to comply with international regulations to the best of their knowledge and ability, but as a buyer you also need to be responsible for making purchasing decisions which comply with any local laws and regulations pertaining to the importation of restricted goods into your country.

For payment disputes, Buyers can initiate the assistance of The Exhibit’s Dispute Management Team by emailing support@theexhibit.io or reporting you have an issue with a transaction by clicking the link on the relevant transaction details page from inside your user account dashboard.

9. Electronic Communications

When you use our Services, The Exhibit will need to provide you information in writing. This includes important messages about your use of the Services, the terms, policies and user agreements applicable to your use of the Services, billing statements, transaction information, privacy disclosures, and other legal documents (otherwise known as the “Electronic Communications”). The following covers all of these Electronic Communications:

9.1. You consent that Electronic Communications will be sent to you electronically.

9.2. You agree that your agreement to electronic terms and disclosures have the same legal effect as if you had signed an agreement on paper.

9.3. The Exhibit may provide you with Electronic Communications (a) by emailing them to you at the email address listed in your The Exhibit account, (b) by posting them on The Exhibit website, or (c) by making them available via a website designated in an email notice to you.

9.4. In order to receive Electronic Communications, you must have the following:

  • a) A computer or mobile device;
  • b) A connection to the Internet;
  • c) An internet browser that supports 128-bit encryption, with cookies enabled;
  • d) An active email address; and
  • e) Sufficient electronic storage space on your computer's hard drive or other data storage unit and/or an installed printer to print disclosures.

9.5. You may withdraw your consent to receive Electronic Communications at any time by submitting a request to us at:

Attn: The Exhibit Limited, PO Box 5157, Christchurch, 8542, New Zealand

Note that if you withdraw your consent to receive Electronic Communications, such withdrawal will only be effective after The Exhibit has had a reasonable period of time to process your withdrawal (usually 3 months). Additionally, if you withdraw your consent to receive Electronic Communications, and The Exhibit is required to send you paper copies of communications, The Exhibit may cancel your access to the Services. In order for The Exhibit to send you paper copies, you must have a current mailing address on file in your The Exhibit account. The Exhibit reserves the right to charge you reasonable fees to cover the costs of sending you paper copies of Electronic Communications.

9.6. To ensure that you receive Electronic Communications, you should make sure that the contact information in your The Exhibit account is accurate. The Exhibit is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.

10. Your Termination of Your Account

You may terminate your account with The Exhibit at any time from your account settings. If you terminate your account, you may lose any information associated with your account, including Your Content.

If you terminate your account while you are an Exhibitor included in an open exhibition, you may accrue Exhibition closure fees. These fees are fully explained in your Exhibitor Policy. You can read this here.

The Terms will remain in effect even after your use of the Service ends.

11. The Exhibit’s Termination of Your Account

The Exhibit may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. The Exhibit may refuse service to anyone, at any time, for any reason.

If The Exhibit terminates your account, you may lose any information associated with your account, including Your Content. You may also have any pending Exhibitor pay-outs revoked as a result of account termination. This is fully explained in your Exhibitor Policy. You can read this here.

The Exhibit reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

12. Warranties and Limitation of Liability

You understand that The Exhibit does not manufacture, store, or inspect any of the artwork items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent Exhibitors, so The Exhibit can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an artwork item you purchase must be brought directly against the Exhibitor of the item. You release The Exhibit from any claims related to items sold through our Services, including for defective items, misrepresentations by Exhibitors, or items that caused physical injury.

You may come across artworks that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. The Exhibit is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile website). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. The Exhibit is not a party to those agreements; they are solely between you and the third party.

WARRANTIES.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, AND ANY WARRANTIES THAT ANY BUYERS, PROSPECTIVE BUYERS, OR EXHIBITORS WILL COMPLETE ANY TRANSACTIONS OR OTHERWISE PERFORM AS PROMISED, ALL OF WHICH THE EXHIBIT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE EXHIBIT BE LIABLE OR RESPONSIBLE FOR ANY INABILITY OR FAILURE TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR FROM ANY BREAKDOWNS OR MALFUNCTIONS OF THE SERVICES OR ANY COMPUTER, DEVICE OR SYSTEM DIRECTLY OR INDIRECTLY AFFECTING THE AVAILABILITY OR OPERATION OF THE SERVICES.

LIABILITY LIMITS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE EXHIBIT, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; OR (iv) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. IN NO EVENT SHALL THE EXHIBIT’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) NZD DOLLARS OR THE AMOUNT YOU PAID THE EXHIBIT IN THE PAST SIX MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

If The Exhibit gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend The Exhibit (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense how ever we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

14. Disputes with Other Users

If you find yourself in a dispute with another user of The Exhibit’s Services, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and Exhibitors who are unable to resolve a dispute related to a transaction on our website should report the dispute The Exhibit’s Support Team. The Exhibit will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. The Exhibit has no obligation to resolve any disputes. You release The Exhibit from any claims, demands, and damages arising out of disputes with other users or parties.

15. Disputes with The Exhibit

If you have an issue with The Exhibit’s Services, you need to inform us of this so we can resolve your issue. If we are unable to resolve the dispute, these following terms will govern any legal dispute involving our Services:

15.1. The Terms are governed by the laws of New Zealand. These laws will apply no matter where in the world you live, but if you live outside of New Zealand, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

15.2. The Exhibit is based in Christchurch, New Zealand, so any legal action against The Exhibit related to our Services must be filed and take place in Christchurch. That means the seat of any arbitration shall be Christchurch. For any actions not subject to arbitration, you and The Exhibit agree to submit to the personal jurisdiction of the courts of New Zealand.

15.3. If we make any changes to this “Disputes with The Exhibit” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against The Exhibit prior to the date the changes became effective. The Exhibit will notify you of substantive changes to the “Disputes with The Exhibit” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send The Exhibit a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and The Exhibit in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

16. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll inform you by sending you an email or notification message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

17. Miscellaneous

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and The Exhibit regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

18. Contact Information

If you have any questions about the Terms, including all of the policies that make up the Terms, please email us at: support@theexhibit.io or write to us at:

Attn: The Exhibit Limited, PO Box 5157, Christchurch, 8542, New Zealand