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The Fine Art Café Terms of Service and Privacy Policy

 

Buyers Terms and Conditions   |   Sellers Terms and Conditions   | Anti-Discrimination and Hate Speech Policy   | Privacy Policy

Buyers Terms and Conditions

The Fine Art Café LLC provides a platform for buyers to discover and purchase fine art and prints from artist around the world. It is important to note that The Fine Art Café LLC is not a part of the transaction. By shopping on The Fine Art Café LLC, you understand that:

You are not buying directly from The Fine Art Café LLC, but from one artist on The Fine Art Café LLC
The Fine Art Café LLC does not pre-screen Vendors and therefore does not guarantee or endorse any art sold on The Fine Art Café LLC or any content posted by artists (such as photographs or language used in listings or vendor policies);
Each Vendor on The Fine Art Café LLC has their own processing times, shipping methods, and vendor policies
You assume responsibility if you provide your own materials for a custom order.
As a consumer of The Fine Art Café LLC, you have the opportunity to notify The Fine Art Café LLC about an item or a vendor that violates any of The Fine Art Café LLC policies. Notificationis confidential. 

Terms and Conditions

Buyers Terms and Conditions are to inform you about The Fine Art Café’s legal terms and conditions on which artwork is listed and available for sale on The Fine Art Café at www.thefineartcafe.com. These Terms will apply to any contract for the sale of artwork to you.  When you purchase artwork on our website you will either purchase these from the artist as the third party.

Please read these Terms carefully and make sure that you understand them, before ordering any artwork from The Fine Art Cafe. Please note that by ordering any the posted artwork, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th January 2018. These Terms, and any Contract between us, are only in the English language.

How to Contact The Fine Art Cafe

To contact The Fine Art Café LLC, please visit our Contact Us Page or email hello@thefineartcafe.com.

Artwork

The images of the Artwork on The Fine Art Café LLC are for illustrative purposes only. Although the artists have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the artwork. Your artwork may vary slightly from those images and the depiction of artwork with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the artwork you would like to purchase includes such accessories or not before placing the order.

The packaging of the artwork may vary from that shown on images on The Fine Art Café LLC.

All artwork shown on our The Fine Art Café LLC are subject to availability. The artist will inform you by e-mail as soon as possible if the artwork you have ordered is not available and they will not process that order.

Use of The Fine Art Café LLC Site

Your use of The Fine Art Café LLC is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.

Use of Your Personal Information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

As a Consumer

  • You must be at least 18 years old
  • Read the item description and shop policies before making a purchase
  • Submitted appropriate payment for item(s) purchased
  • Provided accurate shipping information to the Vendor

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and The Fine Art Café LLC. While we accept responsibility for statements and representations made by our duly authorized artists, please make sure you ask for any variations from these Terms to be confirmed in writing.

When you purchase art or prints from an artist on The Fine Art Café LLC, you’re directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from an artist on The Fine Art Café LLC, you agree that you have:

Leaving a Review of an Item

Reviews are a great way to learn about artist items, help good Vendors build a strong reputation, or help warn other buyers about a poor experience.

You can leave a review, of a one to five star rating and a photograph of your purchase.. Your review and/or photograph and profile information will be publicly displayed on the Arist’s Market listing and review pages.

 

By leaving a review or photograph, you acknowledge that your content may not:

  • Contain private information;
  • Contain obscene, racist, or harassing language or imagery;
  • Violate our Anti-Discrimination Policy;
  • Contain prohibited medical drug claims;
  • Contain advertising or spam;
  • Be about things outside the artist’s control, such as a shipping carrier, The Fine Art Café LLC, or a third party;
  • Contain threats or extortion;
  • Include shilling or otherwise falsely inflate a shop’s review score; or
  • Undermine the integrity of the Reviews system. 

 

The Fine Art Café LLC may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.

Every time you order artwork from The Fine Art Café LLC, the Terms in force at that time will apply to the Contract.

Whenever we revise these Terms in accordance with this Right to Vary These Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

Events Outside Our Control

The Fine Art Café LLC or the Vendor will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in the description of an Event Outside Control.

Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of artwork to you, a new delivery date will be arranged with you after the Event Outside Control is over.

Communications Between You and The Fine Art Café LLC

When we refer, in these Terms, to “in writing”, this will include e-mail.

If you wish to contact The Fine Art Café LLC in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: hello@thefineartcafe.com. We will confirm receipt of this by contacting you by e-mail.

If The Fine Art Café LLC needs to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your order.

If you are a business, please note that any notice given by you to The Fine Art Café LL, or by The Fine Art Café LLC to you, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Other Important Terms

The Fine Art Café LLC may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if The Fine Art Café LLC agrees in writing.

Nothing in these Terms are intended to confer any benefit or entitlement on any person other than you and any Vendor with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If The Fine Art Café LLC fails to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer or business consumer please note that these Terms are governed by the United States Law. This means a Contract for the purchase of artwork through our Platform and any dispute or claim arising out of or in connection with it will be governed by the United States law. You and we and the Vendor agree to that the courts of the United States will have non-exclusive jurisdiction.

Please contact us at: hello@thefineartcafe.com directly for all queries, complaints and issues that relate to the Vendor’s orders, unless described otherwise in these Terms. 

The Fine Art Café LLC’s Role

Where you purchase Products offered by a Vendor via The Fine Art Café LLC, a Contract is concluded between you and that Vendor via The Fine Art Café LLC. The Fine Art Café LLC is not a party to that Contract:

  • Each Vendor authorizes us as its commercial agent to promote the Vendor’s Product(s)
  • In this limited capacity, we are neither the buyer nor the Vendor (or reVendor) of the Product(s) that the Vendor offers for sale
  • We are not your agent for any purpose
  • The Vendor, and not us, is responsible for performing the obligations under the terms of any Contract between you and a Vendor.
  • Each Vendor is the Vendor of record for all sales by that Vendor to you via The Fine Art Café LLC,
  • You pay the Vendor for any Product(s) that you purchase via The Fine Art Café LLC. Your obligation to pay for any Product(s) is satisfied when you properly pay for the Product(s) via The Fine Art Café LLC
  • The Vendor will dispatch or arrange for the dispatch of the Product(s) you have purchased after receiving our notification of your order.
  • You may only pay for Product(s) via the Platform and the Vendor must not invoice you outside the Platform.
  • Any refunds may only be initiated to you via the Platform.
  • We may in our sole discretion investigate or decline to process any transaction involving any Product(s) purchased via the Platform.
  • We do not charge you any fee for the Platform

The Fine Art Café LLC is not the agent, intermediary or other representative of the Vendor. We are not a fiduciary or trustee of the Vendor.

The Fine Art Café LLC has no responsibility to you in relation to your order from a Vendor or any Vendor Products, except as expressly set out in Parts A and C of these Terms.

Artwork, Pricing, Shipping and Any Additional Fees

Pricing, shipping and any additional fee is set by the Vendor

Prices for the Products may change from time to time, but changes will not affect any order already confirmed.

Each Vendor and Purchaser is responsible for any fees or taxes for where artwork is being sold and shipped to

The Fine Art Café LLC contains a large number of artworks. It is always possible that, despite our reasonable efforts, some of the artwork on our Platform may be incorrectly priced. If it is discover an error in the price of the artwork you have ordered, it is the responsibility of the Vendor to  inform you of this error and give you the option of continuing to purchase the artwork at the correct price or cancelling your order.  If the Vendor is unable to contact you using the contact details you provided during the order process, the Vendor will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, the Vendor does not have to provide the Products to you at the incorrect (lower) price.

All Products shown on The Fine Art Café LLC are subject to availability. The Vendor will inform you by e-mail as soon as possible if the Vendor is unable to fulfil your order.

The Contract Between You and the Vendor

For questions regarding placing an order on The Fine Art Café LLC, please contact the Vendor of the artwork(s) you are interested in purchasing.

The order process allows you to check and amend any errors before submitting your order to Vendor. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from acknowledging that The Fine Art Café LLC and Vendor have received your order. However, please note that this does not mean that your order has been accepted by the Vendor or by The Fine Art Café LLC. 

The Vendor will confirm the Vendor’s acceptance to you by sending you an e-mail that confirms that the artwork have been dispatched (Order Confirmation). The Contract between the Vendor and you will only be formed when the Vendor sends you the Order Confirmation.

If the Vendor is unable to supply you with the artwork, for example because that artwork is not in stock or no longer available or because of an error in the price on The Fine Art Café LLC as referred above, you will be informed of this by e-mail and your order will not be processed.

Delivery

Your order will be fulfilled by the Vendor as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If the Vendor is unable to fulfil delivery because of an Event Outside Control, we will contact you.

Delivery will be completed when the artwork(s) are delivered to the address you gave when making the order.

The artwork will be your responsibility from the completion of delivery.

You own the artwork once you have made the payment in full, including all applicable Delivery Charges.

International Delivery

International shipping destinations are set by the Vendor. We do our best to encourage Vendor to ship worldwide, but in some cases, Vendors will only ship to a limited set of countries.

If you wish to have a Product delivered to a country that a Vendor currently does not ship to, please contact the Vendor or hello@thefineartcafe.com. However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

If you order artwork from The Fine Art Café LLC for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that neither The Fine Art Café LLC nor the Vendor have no control over these charges and cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the artwork are destined. We or the Vendor will not be liable or responsible if you break any such law.

Cancellation and Refund if You are the Consumer

The Fine Art Café LLC is not directly involved in a transaction between a buyer and a Vendor.

Requesting a Cancellation

Only Vendor may cancel transactions. Buyers may request that a Vendor cancel an order via The Fine Art Café LLC. Each Vendor has their own cancelation policy. Note that all cancellations must comply with our Anti-Discrimination Policy.

To cancel a Contract, you must contact the Vendor via email provided under the Vendor Market area.

If you are entitled to a refund, the Vendor will refund you on the credit card or debit card used for transaction.

Payment

You can only pay for artwork using the payment method(s) displayed as available to pay for the relevant artwork when you checkout.

Your chosen payment method will only be debited for payment for the amounts payable in relation to the artwork and all applicable Delivery Charges and fees when we send you the Order Confirmation.

Returning an Item

Each Vendor has his or her own return policies, which should be outlined in their Market Policies. Not all Vendors accept returns. If you reside in the European Union, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason.

EU Right of Withdrawal
Consumers can withdraw from distance and off-premises contracts within 14 days of the goods’ delivery or conclusion of the service contract, subject to certain exceptions, without any explanation or cost.

A standard withdrawal form provided by the seller suffices. If the consumer is not made aware of their rights, the withdrawal period is extended by 12 months.   Read more.

 

Sellers Terms of Service

Overview to be eligible to sell on The Fine Art Café LLC

The Fine Art Café LLC strives to connect like-minded artistic and creative people throughout the world to allow them to sell and purchase unique and/or one of a kind Artwork, learn about marketing of your art, and more. To run The Fine Art Café LLC professionally and provide the best possible user experience for Artists and Buyer, all users of the The Fine Art Café LLC are subject to and must follow the Terms of Service.

The following are some of the most important requirements for Sellers as detailed in the Terms of Service below. By using The Fine Art Café LLC, you “the Seller” agree, without limitation or qualification to comply with, the entire Terms of Service.

As a Seller, it is agreed:

  • You are age 18 or older.
  • You own the copyright or have the proper permissions for any content or images you upload. The artwork must be YOUR OWN handcrafted art, original art or reproduction of your original artwork.
  • Reproductions can include digital enhancements derived from your original artwork.
  • Your artwork may not be the result of work from commercial kits.
  • You may not list or sell No commercially purchased art.
  • You may not list or sell offensive or racially based artwork.
  • You will promptly ship the correct item(s) upon accepting an order within 7 days of order.
  • You are responsible for promptly issuing your portion of any payment reversals or chargebacks that may occur due to returns
  • You agree with the Terms of Service in its entirety.

 

Fees and Payments 

The Fine Art Café LLC currently does not charge periodic service fee for the usage of the website. As a selling artist, you may list artwork for sale.  The Fine Art Café LLC will process all payments from the buyers and deposit the Seller’s percentage into the Seller’s account.  Seller may request to withdraw funds from the Seller’s account through PayPal.   Therefore, it is required that all Sellers have an active PayPal account to get paid electronically.  Should Seller require payment through other means, Seller would need to contact The Fine Art Café LLC to arrange alternative payment options. 

  • Seller determines price of artwork listed on website.
  • The Fine Art Café LLC retains a percentage of all sales. These funds are used to support the operation of The Fine Art Café LLC. Example expenses include technology, web hosting, and email and marketing campaigns.

Responsibility of the Art uploaded to sell

You additionally agree that you acknowledge that you shall be solely responsible for all costs and expenses related to The Fine Art Café LLC and sale of art on the platform.

What restrictions apply to the Art upload to The Fine Art Café LLC

You acknowledge and agree that you are the artist and sole and exclusive owner of all art you upload to sell on The Fine Art Cafe LLC.

You may not upload artwork or any other materials which The Fine Art Café LLC reasonably believes to be:

  • offensive, including material that incites racial hatred or promotes discrimination
  • obscene or pornographic; or
  • materials which 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.

The Fine Art Cafe reserves the right to remove any content or art uploaded from the platform at any time in its sole discretion.

Description of Service

The Fine Art Café LLC provides an online selling service. You understand and agree that you may receive certain communications from The Fine Art Café LLC, such as service announcements and administrative messages, and that these communications are considered part of being a Selling Artist on The Fine Art Café LLC and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance The Fine Art Café LLC shall be subject to the Terms of Service. You understand and agree that The Fine Art Café LLC is provided “AS-IS” and that The Fine Art Café LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to vendor area and any user communications or personalization settings.

You are responsible for obtaining access to The Fine Art Café LLC and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access The Fine Art Café LLC.

Selling Artist’s Vendor Account, Password and Security

You will receive a vendor account upon acceptance as a seller of your art. You are responsible for maintaining the confidentiality of the vendor account and any related password and are fully responsible for all activities that occur under your vendor account.

Selling Artists’ Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not The Fine Art Café LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Terms of Service. The Fine Art Café LLC does not control the Content posted via The Fine Art Café LLC and, as such, does not guarantee the accuracy, integrity, or quality of all content. You understand that by using The Fine Art Café LLC, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will The Fine Art Café LLC be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via The Fine Art Café LLC.

You Agree to Not use The Fine Art Café LLC to

  1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
  2. harm minors in any way
  3. impersonate any person or entity, including, but not limited to, staff of The Fine Art Café LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through The Fine Art Café LLC
  5. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unauthorized solicitation
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt The Fine Art Café LLC or servers or networks connected to The Fine Art Café LLC, or disobey any requirements, procedures, policies or regulations of networks connected to The Fine Art Café LLC;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
  11. “stalk” or otherwise harass another.

 

You acknowledge that The Fine Art Café LLC does not pre-screen art, but that The Fine Art Café LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any art that is available via The Fine Art Café LLC. Without limiting the foregoing, The Fine Art Café LLC and its designees shall have the right to remove any art that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of content. In this regard, you acknowledge that you may not rely on any content created by The Fine Art Café LLC or submitted to The Fine Art Café LLC.

You acknowledge and agree that The Fine Art Café LLC may preserve any art and may also disclose any art if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any art violates the rights of The Fine Art Café LLC; or (d) protect the rights, property, or personal safety of The Fine Art Café LLC, its users and the public.

You understand that the technical processing and transmission of The Fine Art Café LLC, including your art, may involve (a) transmissions over various networks and marketing; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Art Submitted and Made Available for Sale On The Fine Art Café LLC

Intellectual Property

The Fine Art Café LLC and all its contents are protected under various domestic and international copyright, trademark, and other applicable laws. As between you and The Fine Art Café LLC, all right, title, and interest of any kind in and to The Fine Art Café LLC, including, without limitation, all copyrights and intellectual property rights of any kind (excepting marketing which remains exclusively your property, as defined below in Section Marketing Art For Sale) and The Fine Art Café LLC name, logos, and overall brand are entirely owned by The Fine Art Café LLC.

Marketing of Art For Sale

The Fine Art Café LLC does not claim ownership of art you submit or make available for sale on The Fine Art Café LLC. With respect to art you submit or make available for sale on public areas of The Fine Art Café LLC, you grant The Fine Art Café LLC the following worldwide, royalty free and non-exclusive license(s), as applicable:

Use to market art for sale.

Modify and publicly display art and to incorporate art into other works in any format or medium now known or later developed.

As an Artist Seller or advertise any services or products, it is agreed that you must be age 18 or older. As the Artist Seller, upon receiving any order, you must promptly accept the order or, with good reason, decline the order. Upon accepting an order, you must promptly ship the correct item(s) in good faith to the Buyer, unless a delay is requested by the Buyer. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by The Fine Art Café LLC and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. You are responsible for your portion of any payment reversals or chargebacks related to art items you are selling.

The Fine Art Café LLC does not claim ownership of the art you submit or make available for usage for public areas and marketing on The Fine Art Café LLC you grant The Fine Art Café LLC the following worldwide, royalty free and non-exclusive license(s), as applicable:

  • The Art you submit or make available for usage for public areas and marketing of The Fine Art Café LLC, you give the rights to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such art in public areas and marketing. These rights exists only for as long as you elect to continue to include such Content on The Fine Art Café LLC and will terminate at the time you remove or The Fine Art Café LLC removes such Content from The Fine Art Café LLC.

“Public areas and marketing” of The Fine Art Café LLC are those areas that are intended by The Fine Art Café LLC to be available to the public.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable art. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity

You agree to indemnify and hold The Fine Art Café LLC, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through The Fine Art Café LLC, your use of The Fine Art Café LLC, your connection to The Fine Art Café LLC, your violation of the Terms of Service, or your violation of any rights of another.

General Practices Regarding Use and Storage

You acknowledge that The Fine Art Café LLC may establish general practices and limits concerning use of The Fine Art Café LLC, including without limitation the maximum number of days that uploaded art will be retained by The Fine Art Café LLC, the maximum disk space that will be allotted on the The Fine Art Café LLC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The Fine Art Café LLC in a given period of time. You agree that The Fine Art Café LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by The Fine Art Café LLC. You acknowledge that The Fine Art Café LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Fine Art Café LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

The Fine Art Café LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Fine Art Café LLC (or any part thereof) with or without notice. You agree that The Fine Art Café LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of The Fine Art Café LLC.

Termination and Cancellation

You agree that The Fine Art Café LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of The Fine Art Café LLC, and remove and discard any Content within The Fine Art Café LLC, for any reason, including, without limitation, for lack of use or if The Fine Art Café LLC believes that you have violated or acted inconsistently with the Terms of Service. The Fine Art Café LLC may also in its sole discretion and at any time discontinue providing The Fine Art Café LLC, or any part thereof, with or without notice. You agree that any termination of your access to The Fine Art Café LLC under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that The Fine Art Café LLC may immediately deactivate or delete your account and all related information and art in your account and/or bar any further access to such content or The Fine Art Café LLC. Further, you agree that The Fine Art Café LLC shall not be liable to you or any third-party for any termination of your access to The Fine Art Café LLC. To cancel, go to your Vendor area and change your status to “Cancel”. Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone.

 

 

 

Anti-Discrimination and Hate Speech Policy

The Fine Art Café connects thoughtful consumers artists around the globe. We provide an atmosphere where individuals of all backgrounds inspire each other and build relationships through enjoying, making, selling, and buying art.
It is our intention that everyone who visits and interacts at The Fine Art Cafe LLC to feel safe, and our priority is fostering an inclusive environment. This policy defines what we consider prohibited behaviour on The Fine Art Café LLC.

 This policy is a part of our Terms of Use. By using The Fine Art Café, you’re agreeing to this policy and our Terms of Use.

The Fine Art Café prohibits the use of our Services and Platform to discriminate against people based on the following personal attributes (collectively, “protected groups”):

Race
Color
Ethnicity
National origin
Religion
Gender
Gender identity
Sexual orientation
Disability
Any other characteristic protected under applicable law

It is your responsibility of the user to understand local laws and any other legal regulations on discrimination that might apply to you. Under no circumstances does The Fine Art Cafe LLC allow hate speech. Hate speech is when offensive, derogatory, violent or demeaning language is used towards a person or group based on one or more protected group attributes mentioned above.

If you believe discrimination or hate speech has occurred on The Fine Art Cafe LLC, please report it by emailing hello@The Fine Art Cafe.com, and we will investigate.

Privacy Policy

The Fine Art Cafe LLC respects and protects the privacy of the individuals that use The Fine Art Cafe LLC, as explained in this privacy policy (“Privacy Policy”).

 

1. INFORMATION COLLECTION AND USE

The Fine Art Cafe LLC does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. The Fine Art Cafe LLC collects personal information and information about your transactions when you use The Fine Art Cafe LLC services, such as buying and selling items. When you register, The Fine Art Cafe LLC asks for your email address. Additional information is requested when you buy and sell items, such as your name, address, and phone number. Once you register with The Fine Art Cafe LLC and sign in, you are no longer anonymous to The Fine Art Cafe LLC. The The Fine Art Cafe LLC server logs automatically receive and record information from your browser, including your IP address, The Fine Art Cafe LLC cookie information, and the page requested, and other standard information.

 

2. INFORMATION SHARING AND DISCLOSURE

Your email address and other personal information is kept private. The Fine Art Cafe LLC does not rent, sell, or share personal information about you with other people or companies. The Fine Art Cafe LLC may divulge aggregate information about users but will not share personally identifiable information with any third party without your express consent. For example, The Fine Art Cafe LLC may disclose how frequently the average The Fine Art Cafe LLC user visits The Fine Art Cafe LLC, or which sort of photography or art is most popular. The Fine Art Cafe LLC will only release specific personal information about you if required to do so in order to comply with a valid legal process such as a search warrant, subpoena, statute, or court order, or if The Fine Art Cafe LLC believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law.

 

3. CONFIDENTIALITY AND SECURITY

The Fine Art Cafe LLC limits access to personal information about you to employees who The Fine Art Cafe LLC believes reasonably need to come into contact with that information in order to do their jobs. The Fine Art Cafe LLC has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. Your The Fine Art Cafe LLC account information is secure, protected by password or via an email login link.

 

4. COOKIES

The Fine Art Cafe LLC uses cookies to remember your shopping cart, to keep you signed in, and various tasks related to The Fine Art Cafe LLC. The Fine Art Cafe LLC will not disclose cookies to third parties except as required by a valid legal process such as a search warrant, subpoena, statute, or court order.

 

5. PREFERENCES

The Fine Art Cafe LLC reserves the right to send you certain important communications relating to The Fine Art Cafe LLC, such as service announcements and administrative messages, which are considered critical to The Fine Art Cafe LLC membership, without offering you the opportunity to opt-out of receiving them.

 

6. CHANGES TO THIS PRIVACY POLICY

By using The Fine Art Cafe LLC, you consent to the collection and use of your information as outlined in this policy and to the Terms of Service. The Fine Art Cafe LLC may update this Privacy Policy from time to time. The most current version of the Privacy Policy can always be found at: https://thefineartcafe.com/terms-of-service-privacy-policy/