Buyers Terms of Use

When you use our Services or buy from our platform, 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 buyers in violation of the Terms of Use are subject to permanent ban from the marketplace at the discretion of FOKAL LLC. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted, when required under applicable law.

General Terms

Fokal provides a marketplace for buyers to discover and purchase directly from artists listed on our site. Fokal is not a part of that transaction. By purchasing on Fokal, you understand:

• You are engaging in a transaction with the seller of the artwork and not Fokal directly
• Fokal does not pre-screen art that is uploaded to its site. We do not endorse any artist or artwork on the platform
• Each seller on Fokal has their own processing times and delivery methods

As a member of the community, you have the opportunity to contact Fokal by emailing info@fokal.us if any item or seller seems to be in violation of Fokal's Terms of Use. A good rule of thumb is if you're not sure if something should be reported, then it probably should. Please help keep Fokal a safe place for all its community members.

Payment and Refunds

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.

Fokal does not issue refunds. When you purchase a piece from an artist you are engaging in an independent monetary transaction with the seller. Fokal will not be held liable for any issues with the transaction. When purchasing a piece you are accepting the risk that comes with buying. Any problems with the delivery or quality of the artwork and any requests for refunds must be handled between the artist and the buyer after the initial sale.

Any and all sales must be negotiated and settled off the Fokal platform. As such, any issues with a purchase must be taken up directly with the artist who is an independent seller. Fokal does not offer any remediation or refund services through our site.

The buyer acknowledges and accepts risk when making a contact with an artist 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.

Delivery

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 buyer acknowledges and accepts risk when making a contact with an artist 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.

Messaging and Communication

Some cases may require you to message an artist directly via their preferred method of communication. Cases such as facilitating delivery of purchased artwork, requesting artists 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 from the Fokal marketplace and a cancellation of all in progress communications, deliveries, transactions, etc.

• Sending unsolicited advertising or promotions, requests for donations, or spam
• Harassing or abusing another member or otherwise behaving in any discriminatory manner
• Contacting someone after they have explicitly asked you not to; or interfering with a transaction or the business of another member
• Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Fokal, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
• Always use caution when exchanging any personal information which is not strictly necessary for the completion of a transaction

If you receive communication that violates any of these policies, please let us know right away by emailing us at info@fokal.us.

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.

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.

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 is protected under U.S. copyright law. You may not copy or reproduce any of the artwork listed on our site. You may not use any images of artwork listed on our site with the intent of personal gain without express written permission from the Artist that owns the artwork. Any attempt to reproduce or fraudulently pass off any artwork as your own could result in permanent ban from the marketplace.

The names, look, and feel of the Services are copyright© to 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 the Services of 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 Use or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.