kids of dada

Terms and Conditions of Service

Terms. May 22, 2016

Kids of Dada Limited (“KOD”) provides a service for selling and purchasing original works of art (“Original Works”), fine art prints and other printed media (“Printed Works”), art-related merchandise incorporating Original and Digital Works (collectively “Works”), and fashion, art & design-related merchandise (“Merchandise”) through the website www.kidsofdada.com (the “Site“). Collectively, these activities are the “Service”.

The use of the Service and Site is governed by these Terms and Conditions of Service (“Terms”) and constitute a binding legal agreement between you and KOD. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

BY REGISTERING, ACCESSING, USING, BROWSING, EXHIBITING, LISTING, OFFERING FOR SALE, SELLING OR BUYING ON THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or otherwise use the Site.

1. Account Registration: In order use the Services through the Site, you must first create an account (“Account”) by completing our registration process you will establish a member name and a password. Upon successful completion of the Account creation process, you will become a registered user (a “Member”). You agree to provide accurate, current and complete information (“Personal Information”) during the registration process and to update such information on a timely basis. KOD reserves the right at its sole discretion to deny registration or to suspend or terminate your Account. You are responsible for safeguarding your password and agree not to disclose it to any third party. You are solely responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify KOD by email at info@partners.kidsofdada.com of any unauthorized access.

KOD may require you to verify your identity by providing KOD with a copy of a government-issued ID or similar documentation. KOD reserves the right, in our sole discretion, to terminate Accounts and prevent their further access to the Site for violating these Terms or the law.

2. Privacy & Confidentiality: KOD respects the privacy or its Members. 

KOD reserves the right at all times to disclose any information as necessary or deemed desirable by KOD to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Works or other materials, in whole or in part, in our sole discretion.

You agree to keep KODs Confidential Information confidential and not to disclose it to any third party except as expressly permitted by these Terms. “Confidential Information” means information, in any form, of a confidential or proprietary nature relating to the KOD’s business (including, but not limited to our products, operations, processes, plans or intentions, trade secrets, know-how, design rights, market opportunities, pricing, personnel, Members, customers or suppliers, and all information derived from the above) disclosed by KOD to you (including, but not limited to, in these Terms) or otherwise obtained by you in any way as a result of your being a Member or accessing the Site and Services.

You agree not to commercially or artistically exploit the Confidential Information without the prior written consent of KOD.

These restrictions and obligations do not apply to information which you can clearly demonstrate by documentary or other evidence is or becomes publicly available other than as a result of breach of these Terms, was rightfully in your possession prior to disclosure or was developed independently without access to, or use or knowledge of, the Confidential Information.

Seller Terms and Conditions

3. Listing of Works (Original, Printed & Digital Art) and Merchandise on the Site: As a Member, you may submit a request for listings to sell Original Works and Merchandise and to exploit Digital Works. You must be the creator and own the copyright or are acting as an authorized agent for the copyright owner.

4. Responsibility for Works and Merchandise: You acknowledge and agree that you are solely responsible for all Works that you make available through the Site and Services. You may not submit listings for Works that were created by another artist or for Merchandise which you are not the creator unless you represent the artist as an agent or established gallery and have provided evidence of such representation to KOD in advance. Accordingly, you represent and warrant that:
   1. as to Original Works or Merchandise, you are the creator and the sole and exclusive owner of all such Original Works or Merchandise, or the legally appointed agent or representative thereof;
   2. as to Digital Works, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to KOD the rights in such Digital Works as contemplated under these Terms;
   3. neither the Original Works, Digital Works or Merchandise that you make available through the Site and Services, nor KOD‘s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secrets, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
      
      
5. Commission, Shipping & Payments: Monies which are due to you  from sales of Original Works, Digital Works, Printed Works and Merchandise are calculated based on the Sales Price, Art & Merchandise Commission, Digital Royalty and any other fees or charges applicable (the “Commission”).

1. Within one (1) business days, KOD will alert you to the sale of your artwork;
2. You will be responsible for preparing the Original Work or Merchandise for shipping in accordance with best industry practice, to complete a condition report for the artwork and to complete all shipping documents given to you by KOD staff or partner shippers;
3. You agree to ship the purchased Original Work or Merchandise within five (5) business days following the date of purchase (the “Shipping Period”);
4. KOD will arrange the pick up by our international and local shippers. This pick up will be arranged for the fifth (5th) business day following the date of purchase. You are responsible for being available to handover the artwork to the shipper as required, unless otherwise stated by KOD
5. If you do not ship the purchased Original Work or Merchandise prior to the expiration of the Shipping Period, then the sale may be cancelled by KOD at its sole discretion;
6. You are responsible for any damage due to incorrect packaging.
7. You are responsible for all costs of packaging.
8. If incorrect shipping weights and dimensions are given to KOD or our shippers you are responsible for any extra fees incurred in shipping. KOD reserves the right to deduct the resulting increased shipping costs from your Commission.
9. You agree to comply with the terms and conditions of KOD’s then-current Return Policy at www.kidsofdada.com/returns-policy that are applicable to any Original Works or Merchandise that are sold through the Site and Services;
10. Subject to the expiry of the Returns Period (if any), you will be paid an amount to be determined in accordance with KOD’s then current standard pricing and commission terms, which you will be notified of when you register as an artist and from time to time thereafter;
11. Within 30 days of receipt of confirmation of delivery to the purchaser from the preferred shipper, KOD will credit the bank account nominated in your Account with the Commission;

6. Sales through third parties: If Original Works, Printed Works and/or Merchandise are sold via a third party website, the terms and conditions of the third party website or store will apply to the purchase in question by the applicable purchaser. However, as between you and KOD, these Terms will apply to all sales except that KOD will pay you the Commission within a commercially reasonable time after the goods have been confirmed to have been successfully delivered to the purchaser and KOD has received payment from the third party website, as determined by KOD, in its sole discretion.
   
   
7. Promotions: You acknowledge that KOD reserves the right to promote and market Original Works, Digital Works, Printed Works and/or Merchandise through the use of sales and/or discounts. The sale or discount amount will apply to the Listing Price. You always retain the right to remove a listing from the Site.

Purchaser Terms and Conditions

8. As a Member, you may purchase Original Works, Digital Works, Printed Works and Merchandise that are listed by other Members on the Site.

Terms for both Sellers and Purchasers

9. Transaction Restrictions: If you are a Member and have submitted a listing for an Original Work, a Digital Work, Printed Work or Merchandise and have been contacted by another Member with respect to purchasing directly, you may not sell to such Member independently of the Site and Services. Similarly, if you are a Member and desire to purchase a Work, Printed Work or Merchandise for which another Member has submitted a listing, you may not purchase from such Member independent of the Site and Services.
   
   
10. Taxes: All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in UK Pounds (GBP) unless otherwise stated or indicated in the Site and Services. All amounts do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
    
    
11. Returns: The terms and conditions of KOD’s then current Return Policy apply to all purchases through the Site and Services. The Returns Policy can be viewed at kidsofdada.com/returns
    1. If you are a seller of Original Works, Printed Works or Merchandise, you acknowledge that KOD will withhold the Taxes required to be withheld from the payments KOD makes to you;
    2. If you are a purchaser of Original Works, Printed Works or Merchandise. You acknowledge that KOD will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so;
    3. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes;
    4. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
       
       
12. Site Content
    Unless specifically requested, KOD does not solicit nor wish to receive any confidential, secret or proprietary information or other material from you through the Site. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to KOD, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived and you grant KOD and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. KOD cannot be responsible for maintaining any Submitted Material that you provide KOD may delete or destroy any such Submitted Material at any time.
    KOD may make available through the Site and Services, text, graphics, audio, video and images of works of art (collectively, “KOD Content”), some of which is owned by KOD, and some of which is made available under license by a third party. KOD authorizes you to download, view and print KOD Content solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. The scope of your rights thereto will be solely as set forth in these Terms or any applicable additional license terms that govern the use of such content as identified on the page of the Site where such content appears.
    No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by KOD or its licensors, except for the licenses and rights expressly granted in these Terms.
    WE DO NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY MEMBER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY MEMBERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER MEMBERS WILL BE AT YOUR OWN RISK.
    KOD will, if notified by a Member or other third party of Member Content that allegedly do not conform to any term of these Terms, KOD may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Member Content. KOD has no liability or responsibility to Members for performance or non-performance of such activities.
    
    
13. Use of the Site and Services: The Site, Services and KOD Content are protected by copyright, trademark and other laws of the United Kingdom, United States and foreign countries. Except as expressly provided in these Terms, KOD and its Licensors exclusively own, or have right of use of, all right, title and interest in and to the Site, Services, KOD Content, Printed Works and Merchandise, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or KOD Content. You may not:

1. Use, display, mirror or frame the Site, or any individual element within the Site, KOD’s name, any KOD trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KOD’s express written consent;
2. Access, tamper with, or use non-public areas of the Site, KOD’s computer systems, or the technical delivery systems of KOD’s providers;
3. Attempt to probe, scan or test the vulnerability of any KOD system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented on the Site;
5. Attempt to access, download or search the Site, Services, KOD Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KOD or other generally available third party web browsers;
6. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, KOD Content or Member Content;
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
8. Use any meta tags or other hidden text or metadata utilizing a KOD trademark, logo URL or product name;
9. Use the Site, Services, KOD Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
10. Forge any TCPIIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, KOD Content or Member Content to send altered, deceptive or false source-identifying information;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
12. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
13. impersonate or misrepresent your affiliation with any person or entity;
14. Violate any applicable law or regulation;
15. Encourage or enable any other individual to do any of the foregoing.

14. Limitation of Liability: OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL KOD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER‘S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR MEMBER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, OR OBTAINED FROM A LINKED SITE.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL WORKS, PRINTED WORKS AND MERCHANDISE AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS ONE HUNDRED DOLLARS (U.S. $100.00).

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Merchandise. This does not affect your statutory rights as a consumer.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

15. Indemnity and Release: You agree to defend, indemnity, and hold KOD, 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 Site, Services, KOD Content or Member Content, or your violation of these Terms.

16. Changes to Terms: KOD reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, and we will post the revised version on the Site. Changes in the Terms will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms are posted will be considered acceptance of those changes.

17. Appropriateness: KOD makes no claim that the Site, Services, KOD Content and Member Content are appropriate for any particular purpose or audience, or that they may be downloaded in any jurisdiction. Access to the Services or content may not be legal by certain persons or in certain countries. You are responsible for compliance with the laws of your jurisdiction.

18. Governing Law: These Terms shall be exclusively governed by, and construed in accordance with, the laws of England. Each party hereby submits to the non-exclusive jurisdiction of the Courts of England.

19. Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between KOD and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between KOD and you regarding the Site and Services.

20. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, KOD’s prior written consent. KOD may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

You may contact Kids of Dada Limited by email at info@kidsofdada.com

and/or by writing to:

Kids of Dada Limited
Long Lane
London SE1 4PA
United Kingdom