Terms & Conditions

Accepting Our Terms

Skeuomo (“Skeuomo Social Inc.”, “we” or “our”) provides a subscription based online art marketplace and art social network that connects Artists, Collectors and Curators from around the world, both online and offline; that make, sell, and/or buy original artwork (Artwork). These members activities include searching, viewing, chatting, messaging, sharing, exhibiting, selling, shipping and purchasing original artwork (Artwork) from sellers (“Artists” or “Curators”) through our platform, accessible at www.skeuomo.com (the “Web Platform”) or mobile application (the “Mobile Application”). Please read the following Terms and Conditions carefully (“Terms of Use”) and our Privacy Policy here. These Terms, the Privacy Policy, and any other written policies, govern your access and usage of our services and constitute a binding legal agreement between you (“Collector”, “Curator” or “Artist”) and Skeuomo (“Skeuomo Social Inc.,” “we” or “our”).

To Sellers (Artists & Curators)

The policies referred to within these Terms of Use govern how any artwork (Artworks) owned by an individual whom is registered as a member on Skeuomo (“Skeuomo Social Inc.”, “we” or “our”) under these Terms of Use to sell, may be offered for sale and sold on Skeuomo.  You the seller (“Artist”) hereby appoint Skeuomo to act as your marketplace venue; to promote your Artwork(s) for sale to online customers (“Buyers” or “Collectors”) using the Skeuomo platform, accessible at www.skeuomo.com (the “Web Platform”) or mobile application (the “Mobile Application”) to complete each contract for the sale of your artwork (Artworks) between you (“Artist” or “Curator”) and your customers (“Buyers” of “Collectors”) via the platform accessible at www.skeuomo.com (the “Web Platform”) or mobile application (the “Mobile Application”) and to accept payment transactions on your behalf in accordance with the Terms of Use.

Each Skeuomo marketplace activity between the buyer/seller as it pertains to contract agreements to sell and/or purchase artwork is between both parties involved and not Skeuomo. We are not the agent, intermediary or other representative of neither the seller (“Artist” or “Curator”) nor the buyer (“Buyer” or “Collector”). We are not involved in any of these transaction agreements, we simply provide the venue.

Sellers (“Artists” or “Curators”) that have subscribed to our paid plan with an approved Artist or Curator Account will have the option to track payment amounts, refunds, and fees related to transactions.  It is important for sellers (“Artists” or “Curators”) to provide accurate personal information during the registration process to avoid having your account deactivated or disapproved.

Sellers (“Artists” or “Curators”) are fully responsible for shipping sold artwork to their customers (“Buyer” or “Collector”) as indicated during shipping and checkout options. Ensure you have secured a verified shipping carrier account with the listed third-party shipping providers to begin selling your artwork: UPS, DHL, FedEx or other shipping providers. You the seller (“Artists” or “Curators”) cannot sell artwork without a valid shipping carrier account that can be connected to your Skeuomo Member Account. Sellers (“Artists” or “Curators”) will then be able to connect their shipping carrier accounts within Skeuomo. By doing this, any process shipping costs, tracking notifications and delivery estimates will be automatically calculated.  Your customers (“Buyers” or “Collectors”) will see these additional costs, delivery options and estimated delivery dates upon checkout. Skeuomo does not provide shipping labels; this can be arranged with your shipping carrier (s). When shipping artwork (Artworks), sellers (“Artists” or “Curators”) must comply with all local and international shipping and customs regulations and must ship purchased artwork (Artworks) within 30 days beginning on date of purchase.  

To Buyers (Collectors)

When you the customer (“Buyer” or “Collector”) purchase artwork (Artwork) on our platform, you will purchase directly from a third party (“Artist” or “Seller”). That seller (“Artist”) will be identified within the Artist Profile page and Gallery (“Shop”). Each seller (“Artist” or “Curator”) on Skeuomo has own processing times, warranties, inclusions or exclusions of accessories and shipping methods and costs associated with shipping your purchased artwork to your address – international and custom may apply and are dependent on third party shipping carrier policies. Each seller has his or her own return policies, which should be outlined in their artwork (Artworks) detail page. Not all sellers (“Artists”) accept returns.

You can only purchase artwork (Artworks) using the payment method(s) displayed when you checkout. Skeuomo uses Stripe Payments to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance. The provider and processing time for your payment will vary based on the country in which you’re located. You can arrange for in-person or alternate forms of payment with the seller (“Artist”) however that excludes Skeuomo from any involvement. We (Skeuomo Inc.) encourage you to exercise caution and to use good judgment in all interactions online and in person.

After your purchase, we recommend leaving a (one to five star) rating and review comment on the Artist’s or Curator’s Profile page. This rating (Customer Review) is based on the following: customer service acumen; prompt communication, product quality as it pertains to packaging, final artwork delivery/ condition and overall satisfaction.  You the customer (“Buyer” or “Collector”) should NOT submit a star rating or leave a review on an Artist’s Gallery page based on theirs or their clients artistic merits – art preferences are subjective. Keep your personal art preferences outside of Skeuomo’s rating and review system to be fair to all our members. We reserve the right to remove reviews that directly violate our policies or Terms of Use.

As a member of our Skeuomo Art Community, you are encouraged to flag artwork (Artworks), comments, posts or chats that violate our policies or Terms of Use.  To report a violation or abuse of Our Terms, email us at: abuse@skeuomo.com.

To All (Artists, Collectors & Curators)

These terms include an agreement to mandatory arbitration, which means that you fully agree to submit any dispute related to your use of the services to binding individual arbitration rather than proceed in court. The disputes/ arbitration provision also includes a class action waiver, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.  By using any of our services (even just browsing our website, downloading and using our mobile app), you’re agreeing to the Terms of Use. If you do not agree to the Terms of Use and the Privacy Policy, then you have no right to access or use the services.

Freedom of Expression

All opinions, comments or views not limited to political or controversial in matter expressed or shared by Skeuomo members (“Curators”, “Artists” and  “Collectors”) in our community boards, art groups,  Feed (“Social Wall”) or within Art Chat conversations DO NOT reflect our  (Skeuomo Inc.) opinions or values as company and are strictly belonging to members using our services. Art is about freedom of expression that is why we still promote freedom to creative expression so long as it is done so with tastefulness, tactfulness, thoughtfulness and within the boundaries of artistic representation and done so without excluding or insulting members of our global society and within the Terms of Use.

Your Privacy

Skeuomo acknowledges that your personal information is important to you, which is why we respect your privacy. Our Privacy Policy together with our Terms of Use details how personal data we collect from members are used. By using our services, you’re also agreeing that we can process your information in the manner indicated in our Privacy Policy, which can be read here.

Modification to Our Terms

Skeuomo reserves the right, at its sole discretion, to modify, discontinue or terminate the services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms, we will post an update on this page with a “Last Updated Date”.  If you continue to access or use Skeuomo after modifications have been made, you are indicating that you agree to be bound by the modified Terms.

We may also modify or remove any artwork (Artworks) and content posted by members that we deem to be obscene, discriminatory in nature, lascivious, filthy, excessively violent, harassing or threatening, or otherwise objectionable. As mentioned above, any members (Curators, Artists or Collectors) that violate the Terms of Use will be permanently blocked from using our platform.

Gallery Artwork

The images of artwork (Artworks) posted in our galleries by (“Artists” and “Curators”) are for illustrative and representative purposes only. We make every effort to ensure sellers (“Artists” and “Curators”) upload high-quality artwork images in true colours, as accurately and clearly as per our Image Guidelines. In some cases images that DO NOT meets our standards mentioned in our Image Guidelines are disapproved before being listed. However, we cannot guarantee that your computer’s display or mobile device screen’s colours accurately reflect the colour of the artwork images on our galleries. Artwork may vary slightly from those images and the depiction of artwork with accessories, such as stands, frames or glass displays may be used for illustrative purposes only. You should always check that the artwork you intend to purchase includes such accessories before placing the order with the seller (“Artists” and “Curators”).

Member Accounts

Before using our services, you’ll need to register for our accounts: Free, Artist Novice, Standard Artist, or Advanced Artist – here are the rules to consider:

Eligibility

Because art is subjective and diverse; we want to foster creative expressionism on Skeuomo so periodically content may be deemed adult in nature, provocative or high-brow therefor these services are intended solely for individuals who are 18 years or older. Any access or use of the services by anyone under 18 years is prohibited. By accessing or using the services you represent and warrant that you are 18 years or older.

Account Information

The information submitted by you on Skeuomo including but not limited to your name, tax status, and country of residence should be accurate and kept up to date subject to any change.We encourage that you use your full name on your profile as this is a professional art platform for the purpose of promoting your art career and can be used by others to commission you for additional services or art related jobs. Be considerate of who will be viewing your profile.  You may not use vulgar or offensive language, names that infringe on someone’s intellectual property rights, or otherwise violates the Terms of Use

When you register on Skeuomo as a seller (“Artist” or “Curator”), we set up data and provide account information that includes details of each of your artwork sales (Revenue) and credentials that allow you to log-in to your account. If you disclose your password to any person that you authorize to access your account you are also responsible and liable for any access authorized or not. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

Your Artwork

If you are a seller (“Artist” or “Curator”) posting artwork (Artworks) you must warrant that you are the sole creator and exclusive owner of all artworks displayed by you on Skeuomo and/or  you are authorized to sell those artworks (Artworks) for artists you represent . Artworks posted must be original artworks NOT reproduced prints or copies. Our (“Skeuomo Social Inc.”) commitment is to offer customers (“Buyers” or “Collectors”) one-of-a-kind original artwork pieces from emerging artists; therefore all artwork must be signed by their creator or accompanied by a certificate of authenticity also signed by their creator.  Artwork (Artworks) offered for sale must represent the highest degree of accuracy as possible – no exceptions.

Inaccurate specifications or misleading images that are submitted as artwork (Artworks) on our public galleries, we (Skeuomo Social Inc.) reserve the right to, disapprove, remove and/or ban the user from using our platform services in the future. We (“Skeuomo Social Inc.”) also reserve the right to deny, revoke misleading images, specifications, offensive material or content as it pertains to our galleries or social community from ever being posted. If you do NOT see your artwork or content posted, you will be notified of why by email. There are several reasons why your artwork would not be posted. Denied due to; artwork images of poor quality were submitted (as per Image Guidelines), content or descriptions violated our Terms of Use, your account was deactivated due subscription expiration or your account was deleted due to suspected fraud or was found in violation of our Terms of Use

Setting Prices

To us (“Skeuomo Social Inc.”) it is important for our community members to be fair and honest. We do not determine nor control what or how you price your artwork pieces (Artworks) on Skeuomo, however prices for art pieces must be reflective of the value of the artwork offered for sale, and must be equal to the price set for similar artwork (based on canvas size, material, style, medium and genres) on any other channels through which original artwork is sold directly or alternatively you may wish to use third-party art appraisal services. We do not appraise artwork nor do we provide suggestions on pricing. Posting unfairly priced artwork (too expensive) will result in low consideration by customers (“Buyers” or “Collectors”) and would require you to readjust artwork pricing thus decreasing your Artist or Curator Profile credibility within our community. Reversibly, we also encourage you to not set prices too low as that will also decrease your credibility and de-value your artwork.  Ultimately, you the seller (Artist or Curator) determine and control your prices.

Your Content

We (“Skeuomo Social Inc.”) do not claim ownership of your content, but by posting on Skeuomo you grant us permission to use your content to facilitate Skeuomo’s growth and promoting your artwork through featured blogs, social media and other Skeuomo related advertising channels. That includes anything you post using our services (like usernames, profile pictures, artwork listing photos, artwork descriptions, reviews, comments, videos etc.).  Skeuomo does not claim ownership of your content therefore we are not in violation of your ownership rights. You however, represent necessary rights to content you post and that you’re not infringing or violating any third party’s rights by posting it.

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and deceiving or used for fraudulent or deceptive purposes.

Skeuomo accepts the laws governed by intellectual property rights of usage where applicable and are committed to following appropriate legal processes to remove copyright infringing content from Skeuomo. If you find content that is posted without your or others consent or permission send us your case to abuse@skeuomo.com, and we will take appropriate action to remove it. If we find that your content infringes another person’s intellectual property, we will remove it and notify you respectively.  You may periodically find material that you deem offensive or inappropriate while using Skeuomo. You release Skeuomo from responsibility for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through our services.

Account Deletion

Accounts can be permanently deleted by you at any time within your Account Settings options and or/ you can cancel your annual paid subscription. Cancelling your subscription doesn’t permanently delete your account from our system and your account will revert to deactivated mode. Account data information is encrypted at rest in our servers available upon reactivation. If you delete your account you may lose any information associated with your account. You won’t be able to reinstate your account or historical information; billing details, sales, and artworks, comments, videos, descriptions or any other content etc. At that point your account will no longer exist in our system.

We may also deactivate your account at any time, for any reason, and without advance notice. Skeuomo reserves the right to deny anyone from using our services at any time for and 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 our services.

Liability

Skeuomo does not manufacture, store, or conduct inspections for any of the artwork sold through our online art marketplace. Artwork listed in our marketplace are produced, listed, and sold directly by sellers (“Artists” or “Curators”) therefore we cannot and will not make claims about their quality or legality. Any legal claim related to artwork purchased through our platform (Skeuomo Inc.) must be brought directly against the seller (“Artist” or “Curator”) of the artwork in question. You release Skeuomo from any claims related to artwork (Artworks) sold or purchased on our platform, accessible at www.skeuomo.com (the “Web Platform”) or mobile application (the “Mobile Application”), including for defective items, misrepresentations by sellers (“Artists”). Skeuomo shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms of Use shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.

You can use our (Skeuomo Social Inc.) services to interact with other individuals, either online or in person. However, you understand that although we do our best to screen members of our services you release us from all liability relating to your interactions with other members of our community. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.

Our Services may contain external links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, Instagram and Pinterest). You may also need to use a third party’s product or service in order to use some of our services. When you access these third-party services you may require you to accept their own terms of use. Skeuomo is not a part of those agreements; they are solely between those providers and yourself.

Indemnify

You agree to defend, indemnify, and hold Skeuomo Social Inc. 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 Services, Skeuomo  Content or Member Content, or your violation of these Terms


Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable thereto, other than rules regarding conflict of laws.