DOTDAT

DOTDAT TERMS OF USE

DOTDAT Terms of Use

Effective Date: [Insert Date]

These Terms of Use (“Terms”) govern access to and use of the DOTDAT platform, including all websites, mobile applications, and related services (collectively, the “Platform”). The Platform is operated by DOTDAT (“DOTDAT,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not access or use the Platform.

1. Eligibility and Accounts

1.1 Eligibility

You must be at least eighteen (18) years old to use the Platform.

Artists must be currently enrolled undergraduate or MFA students, or have graduated within the past two (2) years. DOTDAT reserves the right to verify artist eligibility at any time.

Collectors must be legally capable of entering into binding agreements.

1.2 Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

You agree to provide accurate, current, and complete information and to update it as necessary.

2. Platform Role and Disclaimer

DOTDAT is an online marketplace that facilitates transactions between artists and collectors.

DOTDAT:

Does not own, store, authenticate, insure, or physically handle artworks
Is not a gallery, dealer, auction house, broker, fiduciary, or agent
Does not provide financial, investment, legal, or tax advice

All transactions occur directly between artists and collectors. DOTDAT is not a party to any sale.

3. Artist Representations and Responsibilities

Artists represent and warrant that:

All listed works are original and created by the artist
The artist owns all rights necessary to sell the artwork
Listings do not infringe intellectual property, privacy, or publicity rights
Artwork descriptions and images are accurate and not misleading
A signed Certificate of Authenticity will be provided for each sold artwork

Artists are solely responsible for pricing, packing, shipping, insurance, taxes, customs, and compliance with all applicable laws.

4. Collector Responsibilities

Collectors acknowledge and agree that:

Artwork values are subjective and not guaranteed
Purchases are made at the collector’s sole discretion
DOTDAT does not guarantee authenticity, appreciation, or resale value

Collectors are responsible for reviewing all listing details prior to purchase.

5. Transactions, Payments, and Fees

5.1 Pricing

Prices are set by artists and may change at any time prior to purchase.

5.2 Payments

Payments are processed through third-party payment processors. DOTDAT is not responsible for processor errors, delays, chargebacks, holds, or failures.

DOTDAT may delay, withhold, reverse, or cancel payments as required by payment processor rules, fraud prevention measures, compliance obligations, or dispute resolution.

5.3 Fees

DOTDAT collects a commission and may charge additional disclosed fees. All fees are presented prior to onboarding or purchase.

5.4 DOTDAT Fees and Commissions
DOTDAT charges a commission and may charge additional platform or service fees in connection with transactions completed through the Platform.

Applicable fees are disclosed to users prior to onboarding, listing, or checkout, as applicable.

DOTDAT reserves the right to modify its fees at any time upon notice. Fees earned on completed transactions are non-refundable unless otherwise required by law.

6. Shipping, Risk of Loss, Returns, and Disputes

Artists are solely responsible for properly packing, insuring, and shipping artworks.

DOTDAT does not provide shipping services or insurance coverage.

Risk of loss transfers to the collector upon confirmed delivery to the shipping address provided at checkout.

All sales are final unless the artwork arrives materially damaged or materially not as described.

DOTDAT may facilitate dispute resolution between users but does not guarantee outcomes and is not liable for shipping carrier actions, customs delays, or improper packing.

DOTDAT is not responsible for delays or failures caused by events beyond its reasonable control, including carrier disruptions, weather events, labor actions, customs processing, or system outages.

7. Intellectual Property, Licensing, and VARA

7.1 Platform Content

All Platform content, excluding user-submitted content, is owned by DOTDAT or its licensors.

7.2 Artist Content

Artists retain all right, title, and interest, including copyright, in their artwork.

Purchasing artwork does not transfer copyright, reproduction rights, or intellectual property rights unless expressly agreed to in writing.

By submitting content, users grant DOTDAT a limited, non-exclusive, worldwide, royalty-free license solely to host, display, reproduce, and promote the content in connection with Platform operations and marketing. This license does not permit resale, commercial exploitation, or derivative works by DOTDAT.

DOTDAT does not make legal determinations regarding fair use.

7.3 Visual Artists Rights Act

Nothing in these Terms waives or transfers an artist’s rights under the Visual Artists Rights Act of 1990, except to the limited extent necessary for technical display, resizing, or formatting without distortion.

8. DMCA and Infringement Policy

DOTDAT complies with the Digital Millennium Copyright Act.

DOTDAT may remove allegedly infringing content and may suspend or terminate accounts for repeat or serious violations, without notice.

9. Prohibited Conduct

Users may not:

Misrepresent identity or eligibility
Upload infringing, unlawful, or deceptive content
Circumvent fees or payment systems
Interfere with Platform operations
Engage in fraud, abuse, or harassment

DOTDAT reserves the right to investigate and take appropriate enforcement action at its sole discretion.

10. Account Suspension and Termination

DOTDAT may suspend or terminate accounts or remove listings at its sole discretion for policy violations, ineligibility, fraud, intellectual property infringement, or legal or compliance concerns.

Termination does not relieve users of obligations incurred prior to termination.

11. Taxes and Compliance

Artists and collectors are solely responsible for determining and paying any applicable sales tax, VAT, customs duties, or governmental charges unless otherwise required by law.

DOTDAT may collect and remit taxes where legally required.

DOTDAT may require identity verification, documentation, or transaction review to comply with KYC (Know Your Customer) and AML (Anti-Money-Laundering) laws.

12. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

DOTDAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

To the maximum extent permitted by law, DOTDAT shall not be liable for indirect, incidental, special, consequential, or punitive damages.

DOTDAT’s total liability shall not exceed the fees paid to DOTDAT by the user in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless DOTDAT from claims arising out of:

Your use of the Platform
Your content or listings
Your violation of these Terms or applicable law

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

All disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class actions, collective claims, and representative actions are waived.

16. Assignment and Survival

DOTDAT may assign these Terms without restriction.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law shall survive termination.

17. Additional Information

Information about platform security and accessibility is available on DOTDAT’s Platform Security and Accessibility Statement pages.

18. Changes to Terms

DOTDAT may update these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms.

19. Contact Information

For questions regarding these Terms, contact:
hello@dotdatart.com

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