Common Use Agreement
Section 1: (de)Artlecture’s Basic Direction of Content Development
Exchanging works that reflect your individuality, and sharing proper creation project-information for these works. It is something to share with everyone who loves art.
Section 2: Member Service Usage Contract
1. Establishment of the Usage Contract
1) The usage contract (link confirmation) is regarded as agreed upon when sign up is complete.
2) The usage contract is established when our company accepts a client’s request for use.
3) Agreeing to this contract and applying for membership admission signifies agreeing to offer relevant membership information for the site run by our company, in order to use the normal services.
4) Establishment time of the contract begins when the membership use application is accepted.
2. Account use application and Automatic Account Formation
1) The application for account use is carried out when the user follows the admission format outlined by our company on the site’s new user membership admission page, and provides the requested membership registration using an email (email address, password, password check) as well as an SNS link.
2) The artist accepts the service application of the client.
3) The account administrator has the right to change the account name to an agent’s new registrant name in the event that you use a name other than your original name, which is that of an existing famous institution, company or museum, or the duplicate name of a deceased artist. (We plan to report this before a change).
3. Artist Member Admission Steps
Artists hoping for membership apply for membership by agreeing to this contract after following the membership format outlined by (de)Artlecture and entering their email address, ID and password, phone number, space type, aspiring field, etc.
Refer to the membership agreement
Section 3: Purpose of Artist Member Management
(de)Artlecture offers funding (or profit) opportunities for the artist through management of a personal artist system, and in exchange we help you sell your work or content. The individual creates a production base in order to make new productions by selling the contents they’ve developed. In turn, we offer an opportunity to apply this content to a wider variety of fields and spaces. Furthermore, we offer a space to promote creations through our system to those hoping to get artist membership. Aspiring members can work on projects in collaboration with “(de)Artlecture”
1. Obligations
Even though the artist releases possession of ordered, purchased, or commissioned products, they fundamentally retain economic and moral rights. However, by completing the separate possession release form, they recognize that they have conceded possession rights.
Section 4: Requirements for Artist / Group Membership
We are open to aspiring artists, professional artists, or even hobby artists. We hope each prospective member completes the registration form and is actively participate.
Section 5: Benefits of Artist / Group Membership
Artists or groups can publicize their works or work lectures through “My Page,”and they can attract students to attend their lectures through a variety of publicity marketing services. (Paid / Free)
Section 6: Format of Contents Supply File
We accept all picture file images, but we request that the image size be at least 1,500 pixels, 150dpi in order to ensure smooth service and future sales. We also accept other program files (Illustration, Photo Shop).
Type of (de)Artlecture’s Content Supply
We deal with all fields related to the visual arts (paintings, photos, videos, media, DIY products, performance, etc), and we sell original works, editions and designed contents (refer to the collection page). The profits go to the artist (excluding a portion for surtax and commission), and they can use these profits to fund new works.
Section 8: Development of Collaborative Design or Exhibition Contents
In the event that (de)Artlecture receives a commission to develop design or exhibition advertisement content from another company, they may participate in collaboration only with an applicant; profits are divided equally with the participant. In the event that they are commissioned for designated design contents of a small scale project, development will proceed by informing artist members and commissioning project development to a member with the requisite ability. A development fee will be paid to the artist selected by the company.
Section 9: Calculation of Artist Design Content Price
The price for design content supplied to (de)Artlecture is calculated for the most part by the fair transaction price of the artwork/product. In the event that there is no standard for price, the individual can freely calculate the price following market transaction principles. In the event that the individual cannot assign a fair price, (de)Artlecture can assign a price for the member artist’s artwork/product.
Section 10: Forceful Content Loading
In the event that the content an artist commissions to (de)Artlecture to sell violates our company’s use contract, or the artwork/product’s standard is unsatisfactory, we can forcefully remove the artwork/product. We also carry out filtering for content that does not fit with the spirit of our service.
Section 11: Prohibited Items and Legal Responsibility of Member Artists
Member artists are prohibited from the following, and are responsible for the civil - criminal situations outlined below; thus, they take responsibility for the following:
The work includes all the content sold on (de)Artlecture.
1) Situations in which (the work) violates relevant laws or the use agreement set out by (de)Artlecture
2) Situations in which there is proof the artist appropriated another person’s content.
3) Situations in which an artist sold duplicates of a product already sold.
4) Situations in which contents that were already sold are commissioned.
5) Situations in which contents that were already sold are commissioned.
6) Situations in which the substance of contents commissioned to be sold are in fact different (than advertised).
7) Situations in which goods are commissioned to be sold, or an individual sells an artwork/product/ design content and does not share that fact with (de)Artlecture
8) Situations in which designs and works containing racially, nationally, religiously or politically prejudiced material are uploaded.
9) Situations in which designs and works violating the Constitution of South Korea are uploaded.
10) Situations in which designs and works opposing general public sentiment are uploaded.
11) Situations in which a design content sales agency violates general commercial transaction.
12) Content that doesn't fit our spirit: illegal products, content and programs that violate copyright,
12. Section 12: tax impositions on individual profit for license information containing personal information, outlined in Section
If individual profit from individual work requests is generated through (de)Artlecture, the user recognizes that they take on the tax impositions.
Section 13: Contractual Standing and Use Rights
Service use rights and miscellaneous use contract status cannot be transferred or given to a third party, nor can it be offered as collateral.
Section 14: Service Use
1. Membership service
1) Members can use the offered service by creating a page using their corresponding (sole) account.
2) In the event that additional services (site) are offered on top of initial service use application, this contract will be remain in effect as long as another separate contract is not clearly stated. Our company will share information about additional service (site) developments on our site or let members know through electronic mail.
2. Service Changes and Discontinuance
1) Our company will share any future service changes or offer dates with members by the methods laid out in Section 3, then change and offer the new service.
2) Our company can either limit or discontinue parts of, or all of the services outlined in each of the following situations:
a. Situations in which a cause arises, such as computer information communication equipment being changed or broken for inspection, or communication is stopped.
b. Unavoidable situations where equipment must be repaired or built for proper service.
c. Situations in which there are impediments to normal service use, such as power outages, obstructions to necessary equipment or a high influx of use.
d. Situations in which users obstruct the company’s business activities.
e. Situations in which service cannot be maintained due to the company’s necessary circumstances, such as termination of a contract with the service supplier.
f. Situations in which there are unavoidable causes, such as natural disasters or emergency national situations.
3. Information Offering, Advertisement Publication, Transactions with Advertising Agencies
1) Our company can post advertisements concerning the service and management we deem appropriate or possible to use on the site, service screen, SMS, or electronic mail. Members can limitedly reject these advertisements by going through the prescribed steps.
2) When members use an advertisement published on the service, or participate in advertising agencies’ promotional activities through our service, these correspondences or transactions are completely restricted to the member and agency. Even in the event of a disagreement between a member and an agency, these two parties must settle it amongst themselves, and our company assumes no responsibility related to these matters. (Except for the content itself)
3) Our company assumes no responsibility for transactions of goods or services independently offered by sites (hyperlinked by our company) to users. (Except for the content itself).
4. Member Obligations and Responsibilities Regarding Email and Mailing Service
1) Our company can offer an email service to members (mailing, newsletter etc.). Our company does not edit or inspect members’ email, and members assume responsibility for content of the mail.
2) Members are prohibited from sending emails with the following content to others:
a. Mail containing obscene or abusive information (message, image or audio) and mail containing information opposing miscellaneous social morals.
b. Mail with content introducing money making sites, illegal pyramid scheme solicitation, or chain letters.
c. Mail contrary to the popular law, such as advertising for pornography sites or sales for illegal reproduction sites.
d. Mail sent with the purpose of spreading a virus, hacking attempts, or crippling the system.
e. Mail sent with the purpose of threatening or ruining the reputation of specific internet users.
f. Mail sent misrepresenting a user.
g. Mail illegally sent to an unspecified large number of email addresses using an email extractor.
h. Advertising mail sent without following the mandates for advertising information at the time of transmission concerning legislation such as information network system encouragement of use and information protection.
i. Situations in which harm is given to another person or our company due to several reasons.
3) According to relevant laws, all legal responsibility for sending lewd or inappropriate material resides with the corresponding sender, and our company assumes no responsibility.
4) The membership account and mail cannot receive protection for using this service to harm another person or commit an act that harms public morals.
5) All responsibility for violating these provisions lies with the member. In these situations, our company can offer access authority of the member’s account to an investigative agency.
5. Removal of Notices and Content
1) Our company has the authority to remove all content without prior notice that members post or send within our service that we conclude fits into the following numbered situations. Our company also assumes no responsibility for this.
a. A situation in which content damages the reputation of our company, another member, or a third party through either slander or libel.
b. A situation in which certain content’s information, sentences, graphics, etc. infringes on public order or public morals.
c. A situation in which content is recognized to be in connection with illegal activity.
d. A situation in which content violates our company’s copyright, a third party’s copyright, or miscellaneous rights.
e. A situation that exceeds the prescribed post time established by the company in the fixed detailed use guide in provision 2.
f. A situation in which the content has no connection to the service offered by our company.
g. A situation in which unnecessary or unapproved advertisement or promotional materials are published.
h. A situation deemed to violate relevant laws or our company’s guidelines.
Our company can establish and enforce separate detailed use guidelines for posts, and members must either register each type of post (correspondence between members included) following those guidelines or delete them.
6. Posts’ Copyright
1) Copyright for posts made within our company’s service are protected according to copyright law, and our company retains copyrights and miscellaneous intellectual property rights for works that we directly create.
2) Members allow our company to use their posts made within our service domestically and abroad for the following numbered purposes:
a. Editing posts made within the site for use by either chaining the size or simplifying posts.
b. Duplicating, transmitting, or displaying posts made on this service or connected services, managed by our company or a related company. However, we will not do so in the event that a member does not allow the duplication, transmission or display of their post by sending an email expressing their opposition.
c. Reporting or broadcasting the content of posts to the media or communications company for the purpose of promoting the service.
3) Despite the stipulations outlined in the previous provisions, our company receives advanced approval from users through phone, email, etc. in the event that we receive financial reward by offering posts to a third party for reasons not outlined by each number of the previous section.
4) Rights and responsibility for posts (including correspondence between members) made within this service remain with the member, and our company has the right to post this within the service.
5) Our company does not assume civil or criminal responsibility for posts made within this service that infringe on another person’s copyright or program copyright. In the event that our another party demands compensation from our company because a member infringed on their copyright or program copyright, the member is required to make an effort to free the company from responsibility. If the company cannot avoid responsibility in this situation, the member is required to cover all of the company’s damages.
6) Our company can eliminate a member’s posts when they end their membership, or when it’s terminated for legal reasons.
7) Members cannot profit from copying, sending, publishing, distributing, broadcasting etc. materials posted on this service or information received by using the service, or have a third party do so without the approval of our company. Intellectual property right infringement of posts is subject to related laws.
7. Use of Personal Account
1) Members must manage the account that they established under their own responsibility, and they must create a backup for this and manage it themselves.
2) It is unacceptable for members to register material on their account that violates public order or morals, or that infringes on another person’s rights. In the event that a member registers such materials, they assume all responsibility for any results.
8. Posts’ Copyright
1) Copyright for a member's post remain with the creator of the post. (Except for indication of another person’s sole creation). Copyright exists for each product’s images and explanations. Therefore, if you want to use them you have to clearly state the copyright, and in the event of unapproved use for business reasons, you can receive legal sanctions.
2) In order to ensure our creators’ smooth operation efficiency and promotion, our company can use the posts of members for the following purposes, and can execute intellectual property rights of the corresponding product (However, creators retain the right to refuse).
– Exposure to an outside site for sales or promotional purposes.
– Exposure to search results of outside online search sites.
– Online advertisements or promotion such as online banner adds and online research material.
– Promotional exposure on a variety of image media, such as TV and cell phones
– Promotional-use printouts of posts such as promotional flyers, posters or billboards.
9. Copyright responsibility
Copyright for each type of post, such as product ratings, Q&A, images etc. created using the member services remains with the member who created them. Furthermore, the member assumes responsibility for posts that infringe on other people’s copyright.
10. Using Request Services
If conflicts between users by 'Request Services' of each content took place, Artlecture will not take all responsibility, legal and otherwise, for your actions.
Section 15: Miscellaneous items
Material not included in the sales contract for artworks and products is subject to (de)Artlecture’s usage contract or other agreements, as well as general electronic transaction law. Miscellaneous items are dealt with using the standard of (de)Artlecture’s member artist usage contract. However, (Guest Id) under the recommendation of an administrator, the observed contract may depend on the registered member’s discretionary choice. But level of a member could be changed by the administrator.
Project Usage Agreement
(de)Artlecture’s Project / Study is a menu where you can share information related to artworks. It is also a platform where you can carry out advanced promotion to enlist users of content registered on the platform. Promotion is generally carried out through the web or on mobile devices. Separate participant enlistment events and profit settlement does not get carried out on this platform. We do so through additional individual commission.
You can use register and use this service for free. Basically, you can register on this platform and manage participant information, participation conclusion, and the schedule for free. We also offer paid services, with which you can promote participant education on the main page with banners and an alarm service (simultaneous publication on web and mobile). For additional details please refer to the Project / Study registration page.
Additional Inquiries
Section 1: Advertisement Transactions (Offer of Information, Transactions with Advertisement Agencies)
:Users promoting lectures can request paid advertising banners on this platform. You can check the paid benefits on the registration page.
1) Our company can post advertisements concerning the service and management we deem appropriate or possible to use on the site, service screen, SMS, or electronic mail. Members can limitedly reject these advertisements by going through the prescribed steps.
2) When members use an advertisement published on the service, or participate in advertising agencies’ promotional activities through our service, these correspondences or transactions are matters that are completely restricted to the member and related agency. Even in the event of a disagreement between a member and a related agency, these two parties must settle it amongst themselves, and our company carries no responsibility related to these matters.
3) Our company assumes no responsibility for transactions of goods or services independently offered by sites (hyperlinked networks) to users.
Section 2: Methods for Payment of Advertisement Fees
Monetary fees for advertisement service use may be paid through the following numbered methods:
1) Account transfer through phone banking, internet banking, and mail banking.
2) Card payment (pre-paid cards, direct payment cards).
3) Online deposit without a bankbook.
4) Payment through coupons provided by our company.
5) Payment through various electronic payment methods.
1. Advertisement Payment Approval and Usage Limits
1) Our company can either deny approval of advertisement payment application or cancel approval at a later time due to the following numbered reasons:
a. A situation in which the payment is not processed or it is impossible to identify the payer.
b. A situation in which a minor under the age of 20 paid without consent of their legal guardian.
c. A situation in which advertisement payment approval is deemed impossible due to a reason for imputation of the user.
d. A situation in which the transaction is carried out by stealing another person’s payment information or through other illegal means.
e. A situation in which the service is used through illegal use of another person’s name or personal information.
f. A situation in which rights concerning the advertisement service are given or transferred to a third party.
g. A situation in which payment means are misused for illegal activities.
h. A situation in which this contract, the contract of another company, or related laws are violated.
2) Our company can limit or withhold approval until the following numbered approval limit issues are resolved:
a. A situation in which it is deemed that service equipment is lacking to the point that satisfactory service cannot be offered to all users.
b. A situation in which there is a technical issue related to the service offering.
c. A situation in which payment services cannot be offered, due to problems with payment methods, such as an obstacle or inspection of the payment method provider.
2. Use Limits and Regulations for Paid Service for Minors
Minors under the age of 20 must receive permission from their legal guardian through the method provided by our company when they first sign up, before they use our paid service. Our company assumes that members that are minors under the age of 20 who followed the prescribed membership steps and use the paid service advertisement obtained the permission of their legal guardian.
3. Refunds and Cancellations
1) Additional Inquiries (Email)
2) In the event that a user does not want any advertisements for the remaining amount of time from a pre-paid advertisement period, they cannot receive a refund for the balance of their pre-payment.
3) Please refer to the registration prices, as they differ depending on the nature of the advertisement or placement within the platform.
Collection Use Agreement
Section 1: Purchase
1. When an artwork/product is purchased, possession rights are transferred to the buyer. However, we inform you that copyright (moral and intellectual property rights) remain with the original artist (creator). Therefore, even a buyer cannot use the copyright without the creator’s additional consent. However, at the time of completion of a separate possession concession agreement, possession is transferred to the buyer.
2. The artwork/product’s sales contract sets up the seller’s (artist’s) price conditions, and the transaction is complete when a member agrees to the seller’s sales conditions, expresses intent to subscribe, and delivery is carried out.
3. Purchased digital licensed images may be used for individual purposes (background screen). Business purposes in relation to the copyright have to make additional inquiries.
4. Our company offers methods for members to pay the dealer price, such as cash, card and miscellaneous methods.
5. In the event that members fail to pay the dealer price within a fixed time period after ordering the artwork/product, our company can cancel the order without the member’s consent.
6. Projects with additional printing are pre-made based on buyer options, so cancellations are only possible within the day you order. Once manufacture orders are submitted the following day, refunds are not allowed.
7. The seller assumes responsibility for defects after delivery. If you contact the head office, we will connect you immediately.
Section 2: Delivery and Purchase Confirmation
1. Our company informs the seller that once we receive confirmation of a buyer’s deposit and payment, they must carry out all the necessary steps for the manufacture and delivery of the artwork/product (applicable only to artists who directly send their artworks/products) within 3-4 business days.
2. When an uncontrollable events occur, such as legal holidays, nonbusiness days or natural disasters, the time period for delivery is excluded from the above necessary delivery time.
3. Original artworks/products are delivered directly by the artist, and in the event that delivery is delayed, the purchase may automatically be cancelled. For cancellation and shipment inquiries, please contact email: collection@artlecture.com.
4. Necessary delivery time is determined by the time period specified by the seller on the site. Any disputes related to delivery between the seller, buyer or Delivery Company must be settled amongst these parties, and as long as we are not involved in the delivery, our company assumes no responsibility. Therefore, quick and safe delivery is important.
5. For open edition products directly delivered by (de)Artlecture: Delivery time for purchases of PRINT only is 7 days, and may be 7-8 if a PRINT is purchased together with a FRAME (excluding weekends and holidays). Because it is produced by order, delivery time may vary slightly (it may change due to circumstances of the delivery company). Delivery between countries may be delayed depending on the region.
6. After confirmation of delivery completion, without indication of intent to exchange or seek a refund, the purchase is automatically confirmed as complete within 5 business days.
* International Delivery
For international deliveries, there is usually a period of around 10 days between order production and the delivery stage. However, in the following situations our company acts as an intermediary, and the delivery time and cost may fluctuate.
1) Overseas product distribution
2) The event of a high-priced artwork/product
3) The event of a special request (different procedure).
Section 3: Refund and Exchange
1. Because of special circumstances of artwork/product transaction and the additional production post-order and seller delivery stages, exchanges and refunds are only possible for irregularities or damage to the artwork/product during the delivery stage. (Exchange and refund requests can only be made within 7 days of the buyer receiving the artwork/product). Furthermore, because the artwork/product is manufactured in a limited number, in the event that the product you want to exchange for is out of stock, exchange may not be possible.
2. Because manufactured image prints and downloaded digital images (open editions and digital licenses) cannot be exchanged or refunded, please use discretion during payment.
3. Delivery costs related to exchanges are paid by the party blameworthy for the exchange.
4. Exchanges and refunds are only applicable for <cases of delivery flaws> items.
5. Application exclusion of returns / exchanges / refunds
The buyer cannot demand refunds or exchanges in the following numbered situations:
1) A situation in which the work (original, limited edition) of art ever sold is art forgery
2) A situation in which the artwork/product is damaged due to the buyer’s fault.
3) A situation in which the artwork/product’s value decreases considerably due to the buyer’s use or partial consumption.
4) A situation in which the artwork/product’s value decreases considerably to the point where resale is difficult due to the passage of time.
5) A situation in which a reproducible artwork/product’s packaging is damaged.
6) A situation in which an artwork/product is produced individually for a buyer’s order.
7) A situation in which there is a rational reason the buyer cannot demand a refund or exchange.
8) After the purchase order is converted to ‘complete’ in the system.
Others:
1) Governing Law: This Contract shall be governed in all respects by the laws of Korea without regard to conflicts of law principles.
2) In the event of a dispute arising from the interpretation, performance or breaching the conditions of this Agreement, the parties shall make their best effort to settle the disputes between them(Artist and Buyer). However, in the course of execution of this contract all disputes not reaching an amicable agreement shall be settled by the Competent Court of Korea whose awards shall be as final and binding upon both parties.