Terms and Conditions
These General Terms and Conditions will apply when you access the website of The File Arts (the “website”) or place orders to purchase any of the goods on the website and exclude any other terms and conditions of the collector. By accessing or using The File Arts the collector is agreeing to these Terms and Conditions.
This is a legal document containing the collector’s rights and obligations in relation to The File Arts. It applies to the website, any applications The File Arts develops, and all the services and content available through the website or application(s) of The File Arts. By registering on the website the collector enters into a contract with the File Arts under these conditions.
The File Arts is an online art gallery that sells digital art editions to support artists working in digital media.
A digital edition is a digital artwork by an artist that can be downloaded to and viewed on the computer or device of the collector (the “edition”). The edition is often packaged as an archived folder (zip file) which can be downloaded as a single file. The edition often consists of several files, including the original file supplied by the artist, as well as an assortment of related and adapted files, like a PDF containing background information on the work and the artist, copies of the image that are adapted for specific uses like desktop patterns or i-phone wallpapers.
Purchased editions can be viewed and enjoyed digitally, but not printed or in any other way made physical. The digital file is the work of art; printed or other manifestations of the file are not permitted and are not considered legitimate works of art by the relevant artist.
To download or purchase the art a visitor has to register at the site. Registered members are called collectors on the site and in these Terms and Conditions.
The artists that are represented at The File Arts retain the copyrights for their work. The Artist has the right to be identified as the author of the artwork and each edition. Collectors purchase usage rights, not the copyright to their edition(s).
The collector must ensure that the information the collector provides at registration is accurate and current. The collector can keep this information updated through the collector profile.
The collector should keep the email address in the profile up-to-date and should make sure the collector has full access to it. If the collector changes an email address the collector must change it on the collector profile. The email address is used by the File Arts to send the collector important information on the website and services of The File Arts.
A visitor of the website is not allowed to register as a collector if the visitor is under 16 years of age.
The File Arts reserves the right to delete a Member’s account if the Member does not log into the account for a period of 365 days.
The File Arts may require the collector to change the password or other information from the collector’s account for security or other reasons; The File Arts will never ask the collector for a password. The collector is responsible for keeping the password and other personal data confidential.
The File Arts reserves the right to suspend or terminate the account of the collector and the ability to access The File Arts at any time and without notice. The collector acknowledges that The File Arts cannot be held liable for terminating the account.
Conditions of Purchase
When en edition is successfully purchased by a collector, The File Arts provides download links applicable to that edition on the ‘my collection’ page. This page lists all the editions that that collector has purchased. These links include, but are not limited to: the file as supplied by the artist, a certificate of authenticity, and a PDF containing information on the file and artist.
The collector is allowed to download and use the edition and its related files on any device the collector owns. The method of using/ accessing/ viewing an edition will vary according to the nature of the edition and the art files it contains. These files can be in a range of file-formats and sizes. Editions may not be compatible with all devices, operating systems and media. You must ensure that the purchased Edition is compatible with the desired devices, operating systems and media before purchasing it.
The File Arts reserves the right to update / change an edition over time. The collector can re-download a purchased edition at any time; this will always be the latest available version of that edition. The Collector is responsible for downloading the edition files directly after purchase and for keeping a backup of the files you download. The File Arts is allowed to delete the edition from the website and the “my collection” page of the collector anytime. The collector will get a notice by e-mail two months before the edition will be permanently deleted by The File Arts.
The editions on The File Arts are unlimited / open editions. There is no limit to the number of copies that we can sell. The edition number mentioned in the Certificate of Authenticity is not a serial number, but rather a unique identifier indicating your transaction of purchasing that edition.
All sales are final and non-refundable. Payments are made through PayPal. The File Arts is not responsible or liable for any problems the collector experiences while using PayPal. The collector is bound to the terms and conditions of PayPal for the part of the transaction that is handled by PayPal.
Some editions are Pay What You Want. The minimal possible positive amount is $1,-. Any amount should be in whole dollars. Some editions are a fixed price. The File Arts reserves the right to change the pricing of editions, to offer incidental discounts or to change an edition from fixed price to pay-what-you-want and vice versa. This will not affect the price paid for or availability of purchases made before that change.
All prices, including freely chosen ‘pay what you want’ amounts, are including Dutch VAT. After successful payment the collector can view or download the certificate of authenticity from the ‘my collection’ page which shows the applicable VAT calculated from the amount paid and which can be used as a receipt.
If the collector is under the age of 18, the parents’ or guardians’ consent is required to make a purchase in the web shop of The File Arts.
For the editions in the collection of the collector, the collector is not permitted to, and the collector agrees not to, directly or indirectly:
- authorize, permit or be involved in printing or creating any other physical representation of an edition or the included digital files;
- distribute or share or make available to anyone else the original high quality source art files in the edition;
- commercially exploit an edition.
Operation of The File Arts
The File Arts reserves the right to modify or withdraw all or part of the editions, the art files, services or content.
The operation of The File Arts can be adversely affected, or The File Arts can even become completely inaccessible, as a result of technical difficulties experienced by The File Arts or on the Internet, or other matters beyond our control. We cannot and do not guarantee continuous, uninterrupted or secure access to The File Arts and its content and services.
Any period of planned unavailability will be communicated through a message appearing on one or more pages of the website for at least one day in advance.
International Law, Dutch Law and competent court
In the event of use outside of the Netherlands, the collector itself must verify whether the products are suitable for use there and whether they meet the conditions and the applicable statutory and other requirements. The collector must comply with the laws that apply to the collector, concerning the use of The File Arts, the artwork and editions and files and services offered. That access or use may be prohibited or restricted in various jurisdictions.
These Terms and Conditions will be governed by and construed exclusively in accordance with the laws of the Netherlands. Interpretation of these Terms and Conditions will always take place on the basis of Dutch legal terminology as inserted in the text and in accordance with Dutch case law.
Any dispute arising out of or in connection with these Terms and Conditions or any agreement resulting there from shall be submitted to the exclusive jurisdiction of the competent court in Utrecht, the Netherlands. Parties will submit a dispute to the court only after they have made an effort to solve the dispute in consultation. The applicability of the Vienna Sales Convention is excluded.
It is not allowed to copy or distribute or create any derivative work from The File Arts or any of the material found on The File Arts unless written permission has been given by The File Arts.
All intellectual property rights which are vested in the products of The File Arts shall be accepted by you in full and unconditionally. The File Arts does not guarantee that the products supplied to you will not infringe any intellectual property right of a third party.
If The File Arts is unable to perform the agreement due to an event of force majeure, it will have the right to suspend its obligations until the event of force majeure has ended. If that period lasts longer than two months, either of the parties will have the right to dissolve the agreement in respect of the products affected by the event of force majeure, without being required to compensate the loss incurred by the other party. In that case the collector will be required to pay for the products already delivered.
In these Terms and Conditions, “force majeure” means, among other things, in addition to the definition of that term in the law and case law, all external causes beyond the File Arts control, either foreseen or unforeseen, as a result of which The File Arts is unable to fulfill its obligations.
The File Arts will not be liable for damage caused:
- by incompetent or improper use of the products delivered or use for a purpose other than that for which they are suitable by objective standards;
- because The File Arts used incorrect or incomplete data provided by or in behalf of the collector;
- by third-parties engaged in a performance of the agreement at the collector’s request or with the collector’s consent;
- by materials or services provided by third parties at the collector’s consent; or
- by misunderstandings, damage, delays, or the improper receipt of orders and notifications due to the use of the internet or any other means of communication (electric or not electronic).
Only direct damages attributable to The File Arts will qualify for compensation. Any and all liability for indirect damages, including but not limited to consequential loss, loss of profits, damaged lost data or materials, and loss of proceeds is excluded.
Insofar as The File Arts is liable for compensation of damages, this compensation will be limited to the invoice amount for the delivery of the damaged product/order or partial delivery in question, on the understanding that the total liability never exceeds the amount that the insurer pays The File Arts in such case.
The collector indemnifies The File Arts against any and all claims from third parties that incur damages, costs and/or losses arising from the performance of the agreement and for the cause of which the collector is to blame.
The limitations recorded in this article concerning liability will not apply:
- if the loss is due to intent or gross negligence on the part of The File Arts;
- in the event of product liability towards a collector within the meaning of book 6, part 3, Chapter 3, of the Dutch Civil Code.
The services of The File Arts are provided “as is”; The File Arts cannot and does not guarantee that the services of The File Arts will meet your requirements. The File Arts has no obligation, duty or liability whatsoever as expressly provided in these Terms and Conditions.
Changes to these Conditions
The File Arts reserves the right to change the provisions contained in these Terms and Conditions. The File Arts does not keep outdated/ historical versions on record. The Collector is advised to make a copy of these Terms and Conditions as they apply at your time of registration by printing and/or saving a downloaded copy on your own computer. These Terms and Conditions are offered in English only.
Amendments and/or additions to these Terms and Conditions will be valid and applicable only if recorded in writing. If The File Arts uses additional conditions or any other provisions that conflict with these Terms and Conditions, that will not affect the validity and applicability of other provisions of these Terms and Conditions.
The File Arts is an initiative of Andre Brocatus of Andre Brocatus Design Consultancy.
Address of Andre Brocatus Design Consultancy:
2e Korte baanstraat 7,
3581 BZ Utrecht,
Telephone: +31 6 172 88 230
Any notices from The File Arts will be send by email to the email address as the collector has provided and maintained it in the collector profile.