Artist Terms of Use

When you use our Services, now or in the future, you are agreeing to the latest Terms of Use. There may be times where we do not exercise or enforce any right or provision of the Terms of Use; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability. Any accounts in violation of the terms of use are subject to termination at Fokal's discretion. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted or terminating the account when required under applicable law.

Account Terms

Authenticity

Artists cannot upload artwork that is not their own to the Fokal platform. If ownership of the artwork is called into question, the artist may be required to provide some form of identification that proves the artwork is authentic, either by signature on the artwork itself or documentation of them making the artwork through the form of pictures or videos. Any artwork that is determined to be fraudulent will lead to the deletion of said artwork from the platform and in some cases also the termination of the associated account.

Liability

The artist retains and assumes the risk of their artwork while it is listed on Fokal. Fokal does not claim physical possession of any of the artwork on the site and therefore liability for each artwork falls to the artist. Damage of the artwork in any kind will not be covered by Fokal.

Community Guidelines

Failure to comply with any of these terms could result in the termination of the artist account on the Fokal platform, and re-entry will be up to consideration by Fokal management.

You are responsible for maintaining the security of your account and password. Fokal cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Services for any purpose outlined below. This includes any depictions of the below behavior through any uploaded content to the site as well.

• Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use Fokal products to plan, perpetrate, or threaten that activity
• Hate speech: You cannot use Fokal to advocate or depict the extermination, domination, or oppression of people
• Harassment: Intimidating or targeting people or groups through repeated communication
• Phishing or otherwise attempting fraud: It is not okay to lie about who you are or what you are offering to steal from, extort, or otherwise harm others
• Spamming: We don't tolerate users (including their bots) using Fokal for spamming purposes
• Infringing on intellectual property: You can't use Fokal to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use

While our user restrictions are comprehensive, it's possible an offense could defy any current categorization. Fokal reserves the right to remove any account, artwork, depictions or otherwise from its site for any reason whatsoever. Fokal is not to be harnessed for harm, whether mental, physical, personal or civic.

You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have access to your logged in device.

Messaging and Communication

Some cases may require you to message a buyer directly via their preferred method of communication. Cases such as facilitating delivery of purchased artwork, working with buyers for commissions, asking general questions, etc. In doing so you are required to be a good shepherd of Fokal's community values. Using communication for any of the purposes listed below will not be tolerated and could lead to a permanent ban and termination from Fokal and a cancellation of all in progress communications, deliveries, transactions, etc.

Harassment and Discrimination

Any use of communication to harass other members is strictly prohibited. Similarly, communication may not be used to support or glorify hatred.

Payment

Fokal does not sell artwork on its site, nor does it accept payments for artwork on behalf of any artists. Fokal hosts a "Marketplace" on its website, but this simply refers to a collection of artist profiles that prospective buyers can discover. The "Marketplace" does not allow artwork to be directly purchased off the website.

Each artwork uploaded to an artist profile gets an artwork information page created for it which can be discovered on the Fokal “Marketplace”. There will also be a button labeled “purchase”on the information page that prompts a user to contact you via email. All sales must be conducted off platform, Fokal simply offers an introduction to the negotiation process that is to be conducted outside of the bounds of the Fokal services.

As an artist who is selling art, you are responsible and liable for reporting any income made from sales on your own personal taxes. Fokal is not responsible for collecting or paying tax on behalf of the artist due to the fact that no payments are processed by the platform.

Delivery and Disputes

As is with any sales, any terms established between the buyer and seller are handled on a case by case basis between the parties. You may choose to arrange a pickup, dropoff, or shipment of the artwork between buyer or seller, but Fokal is not involved with that process and rather gives you the freedom to do what works best for you.

The artist acknowledges and accepts risk when making a contact with a buyer on Fokal's marketplace through the purchase mechanic. Fokal is not responsible for any damages incurred through the delivery process or any other process initiating from the Fokal Platform.

Cancellation and Termination

You may cancel your Fokal account at any time. To cancel your account visit the settings page inside your user profile and select the “Delete Account” button in your profile details page.

All of your content will be inaccessible from Fokal immediately upon account cancellation. Within 60 days, all content will be permanently deleted. We cannot recover this information once it has been permanently deleted.

We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause to protect against the possibility of a user using their account for something harmful other than its intended purpose.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of a company employee or officer will result in immediate account termination.

Modifications to the Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. When you use our Services, you entrust us with your data. You agree that Fokal may process your data as described in our Privacy Policy and for no other purpose. If necessary, we may also access accounts as part of an abuse report investigation.

We use third party vendors and hosting partners to provide the necessary software, networking, storage, and related technology required to run Fokal.

Copyright and Content Ownership

All content posted on the Services must comply with U.S. copyright law. We claim no intellectual property rights over the content you provide to Fokal. All content uploaded remains yours. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

The names, look, and feel of the Services are copyright© to the Fokal. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

You must not modify another website so as to falsely imply that it is associated with Fokal.

Features and Bugs

We have designed our Services with care, based on our own experience and the experiences of users who have shared their time and feedback. However, we make no guarantees that our Services will meet your specific requirements or expectations.

Fokal is a free to use platform. We make no promises to track or address bugs on our site that are reported to us by any means. The platform is an “as is” experience provided to users to use at their discretion, but improvements to the features are not guaranteed and artists acknowledge this fact.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.