Terms and Conditions

STUDIO ARCHIVE PROJECT MARKETPLACE 

TERMS OF USE

Effective: May 24, 2021

Studio Archive Project, LLC, a New York limited liability company (“Studio Archive Project,” “we,” “our,” or “us”) owns and operates the Studio Archive Project online marketplace platform (the “Marketplace”) located at https://studioarchiveproject.com/ (the “Site”), that enables users to purchase and/or rent certain works of art (the “Artwork”) and purchase framing, installation and other related services (collectively, the “Services”).  When we refer to the “SAP Service” through these Terms of Use (hereinafter, these “Terms”), we mean the Site, Marketplace and any related services provided by us in connection with the use of the Site and/or Marketplace.

IMPORTANT -- PLEASE READ THESE TERMS carefully.  These Terms set forth the legally binding terms and conditions between you and Studio Archive Project governing your use of the SAP Service.  By using or accessing the SAP Service in any manner, including, but not limited to, visiting or browsing the Site and/or marketplace or purchasing and/or renting any Artwork and/or purchasing any services, YOU acknowledge that you have read, understand, and agree to be bound by ALL OF THE TERMS AND CONDITIONS SET FORTH IN these Terms, INCLUDING, without limitation, any additional terms, policies or agreements specified and/or references below or otherwise incorporated into these terms.

Notice of Agreement to Arbitrate: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN, AND SUBJECT TO, SECTION 14.

Notice of warranty & liability disclaimers:  Please be advised that STUDIO ARCHIVE PROJECT does not provide ANY warranties TO YOU and these Terms limit our liability to you. Please see Sections 8, 9 and 12 for further information.

YOU MAY NOT access or use THE Services (or any part thereof) or purchase or rent any artwork and/or services iF YOU DO NOT AGREE TO THESE TERMS or do not meet the eligibility requirements or have the requisite authority as set forth in section 1 below.

  • Eligibility.  You must be at least 18 years old or the age of majority in your jurisdiction to use the SAP Service and to purchase and/or rent any Artwork and/or purchase Services.  You affirm and represent and warrant that you are 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. In addition, if you are offering to purchase and/or rent any Artwork and/or Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

  • Additional Terms & Policies
    • 2.1.Generally.  When using particular services or materials through or in connection with the SAP Service, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including without limitation, our Rental Terms, Privacy Notice, Return Policy, and Infringement Policy (collectively, the “Additional Terms”).  All such Additional Terms, including, without limitation, the Additional Terms listed below in this Section 2, are hereby incorporated into and made a part of these Terms by reference.  In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
    • 2.2.Rental Terms.  If you rent Artwork through the Marketplace, your rental and use of such Artwork is subject to our Rental Terms (the terms of which shall be deemed incorporated herein by this reference and made a part of these Terms as if set forth in full), and you acknowledge and agree that you will be subject to, and agree to comply with the Rental Terms.
    • 2.3.Privacy Policy.  If you provide us any personal information in connection with your access and/or use of the SAP Service, Studio Archive Project will process such personal information as described in these Terms and the Studio Archive Project Privacy Notice.  By using our Services, you acknowledge and agree that Studio Archive Project can process your information in accordance with these Terms and as set forth in the Privacy Notice.
    • 2.4.Return Policy.  Please read our Return Policy carefully prior to each purchase as it describes our policies and procedures regarding permitted returns, if any, of the Artwork you purchase through the Marketplace.
    • 2.5.Infringement Policy.  If you believe that any Artwork and/or content made available through the SAP Service violates your copyright and/or trademark rights, please see Studio Archive Project’s Infringement Policy for instructions on sending us a notice of copyright and/or trademark infringement.
  • Modifications to THESE TERMS; Communications; Changes to the SAP Service
    • 3.1.Modifications to these Terms.  Studio Archive Project reserves the right to update or modify these Terms, including without limitation, any Additional Terms, at any time.  All updates and modifications to these documents will be effective from the day they are posted online (except as otherwise stated in this Section 3.1).  If we make any material changes to these Terms and/or any Additional Terms, we will post a notice of the changes on the Site, and if we have an email address on file for you, we may notify you of these changes by sending a notification to the applicable email address.  It is your responsibility to regularly visit and review these Terms and/or the applicable Additional Terms.  If you do not agree to any updates or modifications to these Terms and/or the Additional Terms, simply do not use or access the SAP Service and terminate your user account (if applicable). Your continued use of the SAP Service after we have posted the revised Terms and/or applicable Additional Terms, or, in the event of material changes, ten (10) days following the date Studio Archive Project first notified you of such material changes either through the Site and/or via email, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Terms and/or Additional Terms, as applicable.
    • 3.2.Electronic Communications.  By using the SAP Service, you consent to receiving electronic communications from Studio Archive Project. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the SAP Service. These electronic communications are part of your relationship with Studio Archive Project and you receive them as part of your use of the SAP Service and any purchase and/or rental of any Artwork and/or purchase of Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    • 3.3.Changes and Modifications. Studio Archive Project reserves the rights to either temporarily or permanently modify, suspend or discontinue the SAP Service (or any part thereof), or remove any listings for Artwork and/or Services, at any time, with or without notice. You agree that Studio Archive Project will not be liable to you or to any third party for any modification, suspension or discontinuance of the SAP Service (or any part thereof) and/or removal of any listings for Artwork or Services.
  • Purchase, rental, & payment terms
    • 4.1.Orders. You agree that by placing an order through the Marketplace or otherwise submitting a written or electronic order to Studio Archive Project through the Site for the purchase and/or rental of any Artwork and/or purchase of any Services (each an “Order”), constitutes an offer to purchase and/or rent the Artwork and/or purchase the Services, as applicable, from us and does not constitute an agreement by Studio Archive Project to sell or rent you the Artwork or sell you the Services.
    • 4.2.Quotes.  In some instances, where special arrangements and/or additional or customized fees are required for the purchase, rental and/or delivery, as applicable, of the Artwork and/or Services request by you, we may provide you a quote via email or other communication method setting forth the special arrangements and/or additional fees for the applicable Artwork and/or Services (each, a “Quote”).  Upon your acceptance of the Quote (as evidenced by you via email or other communication method), your acceptance shall be deemed an Order (as such term is defined above) and an offer by you to purchase and/or rent the Artwork and/or purchase the Services as specified in the Quote, including any applicable special arrangements and/or fees.
    • 4.3.Order Acceptance.  We reserve the right to accept or reject any Order in our own discretion. We will only accept or reject an Order in its entirety.  Should we elect to accept your Order, you will receive a confirming email at the email address that you provide at such time.  Acceptance of any Order by Studio Archive Project is made only on the express condition that these Terms, including, without limitation the Rental Terms, with respect to any Orders for the rental of Artwork, shall govern.  Studio Archive Project’s failure to object to provisions contained in any communication from you will not be deemed a waiver of any provision herein. Any additional or different terms proposed by you are hereby deemed material, are objected to, and are rejected by Studio Archive Project unless specifically accepted in a hand-signed writing by an authorized representative of Studio Archive Project.
    • 4.4.Order Cancellation.  We reserve the right to cancel any Order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.  Without limiting the foregoing, Studio Archive Project reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Artwork and/or Services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Transaction(s) (as defined below); and (d) refuse to provide any user with any Artwork and/or Services.
    • 4.5.Delivery; Returns.  Artwork will be shipped by a third party carrier to the shipping address provided by you in connection with the applicable Transaction.  As a result, the risk of loss, theft, damage or destruction of the Artwork, and, if you purchased the Artwork, the title, will pass to you upon our delivery to (or pick up by) the carrier.  Except as expressly provided in our Return Policy, the artwork and the fees paid by you for artwork and/or services are non-returnable and non-refundable.
    • 4.6.Shipping Charges and Taxes.  You must pay all shipping charges based on the address you provide in your Order. Please note, shipping charges for certain destinations will be calculated at the time when you submit your Order and those shipping charges will be included in the total price that you are charged for your Order.  If shipping costs increase due to a change of address, Studio Archive Project may, in its sole discretion, require you to pay additional shipping fees or cancel your Order and refund the full amount you paid for the Order, if any.  Except where required by law or where otherwise noted below), all posted prices are exclusive of VAT and other sales taxes.  If your purchase and/or rental of the Artwork and/or Services, as applicable, is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout and/or in the Order or Quote. You are solely responsible for the payment of all tariff, import, customs, Taxes, and other charges (other than taxes based on Studio Archive Project’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Artwork, Services, or performance of any services by Studio Archive Project.
    • 4.7.Payment Terms.  You agree to, and shall, pay Studio Archive Project, and hereby authorize Studio Archive Project and its third payment processors to charge you, the fees, charges and taxes, specified in the Order submitted by you to Studio Archive Project for the purchase and/or rental, as applicable, of any Artwork and/or purchase Services through the Marketplace (each such transaction to purchase and/or rental, a "Transaction "), in accordance with the payment terms specified therein.  You will be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information.  You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction.  By submitting such information, you grant Studio Archive Project the right to provide such information to our third party service providers for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of your information may be required prior to the acknowledgment or completion of any Transaction.
    • 4.8.Rights in the Artwork.  Ownership of copyright in the Artwork will remain with applicable artist, and the artist reserves all rights in and to the Artwork not expressly granted or licensed to the purchaser of the Artwork herein, including, without limitation, all right under the Visual Artists Rights Act of 1990 (VARA) and any moral rights relating to the Artwork.  You may not make or authorize, or permit, directly or indirectly, any reproduction, modification, alteration, destruction, distortion or derivative work or public display of the Artwork that you purchase, unless you have obtained Studio Archive Artist’s prior written consent in each case.  If you rent any Artwork, your use of such Artwork shall also be governed by the Rental Terms.
    • 4.9.Compliance with Laws.  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, and use of the Artwork and/or Services, and, if you have purchased Artwork, any re-sale of such Artwork, including, without limitation, any laws, rules or regulations that require the payment of resale royalties to an artist or the artist’s estate.  By placing an Order, you represent that the Artwork and Services ordered will be used only in a lawful manner and in accordance with these Terms, including, without limitation, the Rental Terms, with respect to the rental of Artwork.
  • USE OF THE MARKETPLACE
    • 5.1.Accounts. To access and use certain features of the SAP Service you may need to create and register an account (“Account”).  In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use the SAP Service if you have been previously removed or banned by us from use of the SAP Service, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account.  You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you.  You agree to notify us immediately of any unauthorized use of your Account. Studio Archive Project reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.
    • 5.2.Access to the SAP Service. Subject to your compliance with these Terms, Studio Archive Project hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the SAP Service, over the internet, and view the Content (defined in Section 5.7 below), made available through the SAP Service, in each case on a non-commercial basis, and otherwise in accordance with these Terms.
    • 5.3.Prohibited Use.  By using the SAP Service, you agree that you will not, and will not permit any other person to: 
  • Modify, adapt, translate or create derivative works based on the SAP Service (or any part thereof), Content, or any related documentation;
  • Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Marketplace, except as expressly permitted by applicable law;
  • Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the SAP Service, Content, or any related documentation;
  • Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Studio Archive Project or its suppliers on or within the SAP Service, Content, or related documentation;
  • Use the SAP Service to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
  • Interfere with or disrupt the integrity or performance of the SAP Service or any system, network or data;
  • Attempt to gain unauthorized access to the SAP Service or its related systems or networks;
  • Frame or utilize framing techniques to enclose the SAP Service, Content, or any portion thereof;
  • Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the SAP Service, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Use the SAP Service or provide any User Submissions other than in accordance with these Terms and/or any Additional Terms (if applicable); or
  • Use the SAP Service in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.
    • 12.4.User Submissions.  Subject to the licenses you grant us in these Terms, as between Studio Archive Project and you, you will retain ownership of any messages, photos, video, audio, images, data, information, text and/or any other content or materials that you post, submit, transmit, and/or upload, or otherwise provide us, in connection with the use of the SAP Service (collectively, “User Submissions”).  Please be advised that, any User Submissions posted to public forums, message boards, or other communication tools through the Site and/or Marketplace will be considered non-confidential and non-proprietary.
    • 12.5.License to User Submissions.  By providing User Submissions, you grant Studio Archive Project a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Submissions, in whole or in part, in connection with your use of the SAP Service, and as reasonably necessary to provide the SAP Service to you and other users of the SAP Service.  Studio Archive Project will not review, share, distribute, or reference any User Submissions except as provided in these Terms, the Privacy Notice, or as may be required by law.
    • 12.6.Responsibility for User Submissions.  You acknowledge and agree that you, and not Studio Archive Project, are solely responsible for any User Submissions submitted, transmitted and/or contributed by you, including the legality, reliability, accuracy and appropriateness of such User Submissions.  By providing User Submissions, you represent and warrant that: (a) you own or control all rights in and to User Submission, and have the necessary rights to grant the licenses granted to Studio Archive Project in Sections 5.5 above; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Submissions, or any personally identifiable information therein, in connection with the use of the SAP Service; and (c) all User Submissions do and will comply with these Terms.
    • 12.7.Studio Archive Project Proprietary Rights.  As between you and Studio Archive Project, Studio Archive Project and its licensors retain all right, title and interest in and to (a) any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the SAP Service, including, without limitation, any Artwork Information (defined in Section 8 below), but excluding your User Submissions (collectively, the “Content”), (b) the SAP Service, and (c) any and all modifications, enhancements and updates to the items listed in clause (a) and (b).  All Studio Archive Project trademarks are strictly owned by Studio Archive Project, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any Studio Archive Project trademark without written authorization from Studio Archive Project.  The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the SAP Service or within the Artwork and/or Content may be the trademarks of their respective owners.  Studio Archive Project reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Studio Archive Project. The Services (and its underlying technology) and Content, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
    • 12.8.Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the SAP Service, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (“Feedback”) may be used by Studio Archive Project without compensation or attribution to you, and you hereby grant Studio Archive Project, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for Studio Archive Project to use and exploit for any purpose.
  • Indemnification – OR WHAT HAPPENS IF WE GET SUED.  We hope this never happens, but if Studio Archive Project gets sued because of something that you did, you agree to defend and indemnify us.  This means that you agree to defend Studio Archive Project, its employees, contractors, and/or agents, and hold us harmless from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms, the Rental Terms, and/or any other Additional Terms, (b) your use or alleged misuse of the SAP Service, (c) your use of the Artwork and/or Services you purchase (including without limitation your resale of any Artwork), (d) your use of any Artwork you rent, including, without limitation, any damage, destruction, or alterations thereto, or (e) your breach of any law or the intellectual property and/or privacy rights of a third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
  • Term; Termination.  These Terms will remain in full force and effect as long as you continue to access or use the SAP Service (or any part thereof), or until terminated in accordance with the provisions of these Terms. At any time, Studio Archive Project may (a) suspend or terminate your rights to access or use the SAP Service (or any part thereof), or (b) terminate these Terms with respect to you if Studio Archive Project, in good faith, believes that you have used the SAP Service (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms or rules.  Upon termination of these Terms, your Account and your right to use the SAP Service will automatically terminate.
  • DISCLAIMERS

THE SAP Service (AND ANY PART THEREOF), content, ARTWORK (subject to the RETURN POLICY), SERVICES, AND/or ANY OTHER MATERIALS PROVIDED BY Studio Archive Project, ARE PROVIDED "AS IS" AND "AS AVAILABLE". Studio Archive Project AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

Studio Archive Project AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE SAP Service (OR ANY PART THEREOF), content, ARTWORK (subject to the Return Policy), SERVICES, OR ANY OTHER MATERIALS PROVIDED BY Studio Archive Project: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STUDIO ARCHIVE PROJECT, ANY THIRD PARTY, OR THrOUGH THE services, SHALL CREATE ANY WARRANTY.

All information provided and/or made available through the SAP Service regarding the Artwork, include without limitation, any information, images, pictures and/or materials included in ARTWORK listings, and/or any INFORMATION ABOUT THE ARTIST OF THE ARTWORK (collectively, “ARTWORK Information”) is provided for informational purposes and personal uses only.

You understand and agree that studio archive project uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the SAP Service. However, because individual computer monitors may display colors differently, studio archive project is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the SAP Service, and disclaims all liability in this regard.

Studio Archive Project assumes no liability whatsoever for inaccuracies, misstatements, or omissions related to any artwork Information, INCLUDING, without limitation, color accuracy of ARTWORK displayed on the sap service.  YOUR USE OF OR RELIANCE UPON ANY artwork INFORMATION, INCLUDING, without limitation, any images of ARTWORK displayed on the sap service, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.

  • LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDIO ARCHIVE PROJECT BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, the rental terms, and any other additional terms (including those referenced herein), THE SAP SERVICE (OR ANY PART THEREOF), CONTENT, ARTWORK, SERVICES, AND ANY OTHER MATERIALS PROVIDED BY STUDIO ARCHIVE PROJECT, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF STUDIO ARCHIVE PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO Studio Archive Project BY YOU HEREUNDER WITH RESPECT TO THE APPLICABLE order for the artwork and/or services GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND Studio Archive Project’S REASONABLE CONTROL.  THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  STUDIO ARCHIVE PROJECT DISCLAIMS ALL LIABILITY OF ANY KIND OF STUDIO ARCHIVE PROJECT’S LICENSORS AND SUPPLIERS.
  • Application of Limitations and Disclaimers to Consumers.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in Sections 8 and 9 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer.  The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
  • Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in Section 8 and 9 are fundamental elements of the basis of the agreement between Studio Archive Project and you.  Studio Archive Project would not be able to provide the SAP Service on an economic basis without such limitations.  The warranty disclaimer and limitation of liability inure to the benefit of Studio Archive Project’s suppliers.
  • Third Party Links and Websites.  The Site may contain links to other third party websites which are not controlled or owned by Studio Archive Project (“Linked Sites”).  If you decide to access and use such Linked Sites, be advised that your use is governed solely by the terms and conditions of such Linked Sites. Studio Archive Project does not endorse, is not responsible for, and makeS no representations as to such Linked Sites, their content or the manner in which they handle your data. Studio Archive Project is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Sites, or your reliance on the privacy practices or other policies of such Linked Sites.
  • Availability of the SAP Service. Information describing the SAP Service is accessible worldwide but this does not mean the SAP Service, or certain portions thereof, are available in your country. Studio Archive Project may restrict access to the SAP Service, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the SAP Service is legal in your country of residence. The SAP Service may not be available or accessible in all languages.
  • Governing Law and Dispute Resolution
    • 14.1.Governing Law.  These Terms shall be governed in all respects by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods in its entirety and the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA are expressly excluded from this Agreement.  The Federal Arbitration Act and federal arbitration law apply to the agreement to arbitrate by the parties set forth in this Section 14.
    • 14.2.Disputes.  Except as otherwise set forth in these Terms, you agree that any dispute between you and Studio Archive Project arising out of or relating to these Terms, the SAP Service, Content, Artwork, and/or Services provided or made available by Studio Archive Project hereunder (or any part thereof) (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
    • 14.3.Agreement to Arbitrate. In the interest of resolving Disputes between you and Studio Archive Project in the most expedient and cost-effective manner, and except as described in Section 14.7, you and Studio Archive Project agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the “Agreement to Arbitrate”). Arbitration is less formal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND STUDIO ARCHIVE PROJECT WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL.  THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
    • 14.4.Notice of Arbitration; Instituting Proceedings. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Studio Archive Project’s address for Notice is: Studio Archive Project, LLC, .  The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).  1000 Dean Street, S2, Brooklyn, NY 11238. You and Studio Archive Project agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Studio Archive Project may commence an arbitration proceeding, as set forth above.  A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA.  The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Studio Archive Project. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    • 14.5.Arbitration. Any arbitration between you and Studio Archive Project will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Section 14.5.  You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with the AAA Rules; (b) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (c) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (d) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.  Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 USD or less, the Dispute must be resolved exclusively through binding non-appearance-based arbitration.  Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.  All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.  Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.  During the arbitration, the amount of any settlement offer made by you or Studio Archive Project must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Studio Archive Project in settlement of the dispute prior to the award, Studio Archive Project will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $1,000 USD.
    • 14.6.Fees. If you commence arbitration in accordance with these Terms, Studio Archive Project will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 USD, in which case the payment of any fees will be decided by the AAA Rules.  If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Studio Archive Project for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
    • 14.7.Exceptions to Arbitration.  Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of Studio Archive Project’s intellectual property rights, Studio Archive Project may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.  In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
    • 14.8.Opting-Out of Arbitration.  If you do not wish to resolve disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you agree to these Terms by sending a letter to Studio Archive Project, LLC, Attention: Arbitration Opt-Out, 1000 Dean Street, S2, Brooklyn, NY 11238, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Studio Archive Project receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 14.10 will govern any action arising out of or related to these Terms.  The remaining provisions of this Section 14 will not be affected by your Opt-Out Notice.
    • 14.9.No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH STUDIO ARCHIVE PROJECT ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.
    • 14.10.Enforceability; Venue. If the Agreement to Arbitrate is found not to apply to your or our claim, you and Studio Archive Project agree that any judicial proceeding will be brought in the federal or state courts located in New York, New York. Both you and Studio Archive Project consent to venue and personal jurisdiction there.
    • 14.11.Time Limitation to Bring Claims.  Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the SAP Service, Content, Artwork, and/or any Services provided or made available by Studio Archive Project hereunder must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
  • General. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect.  Any waiver of any provision of these Terms must be in writing and executed by both parties.  The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.  If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between Studio Archive Project and you.  Studio Archive Project may delegate the performance of any services hereunder to its affiliates and contractors.  These Terms, the Privacy Notice, Rental Terms, Infringement Policy, any other Additional Terms and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described.   Any notice to you may be provided by email.  The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms.  As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against Studio Archive Project by virtue of having drafted them.  The official text of these Terms (and any notice submitted hereunder) will be in English.  The parties acknowledge that they require that these Terms be drawn up in the English language only.  In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.  Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
  • QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at hello@studioarchiveproject.com if you have any questions about these Terms.

STUDIO ARCHIVE PROJECT Rental Terms

Effective: May 24, 2021

These Rental Terms set forth additional terms and conditions that apply to the rental of Artwork, and use of such rented Artwork, that is offered through, or otherwise made available by Studio Archive Project, LLC (“Studio Archive Project,” “we,” “our,” or “us”) in connection with, the Marketplace.  These Rental Terms are incorporated by reference into and made a part of Studio Archive Project’s Marketplace Terms of Use, as if fully set forth therein. These Rental Terms, together with the Terms of Use (collectively, the “Rental Agreement”) governs the rental and use of Artwork listed through the Marketplace.  In the event the provisions of these Rental Terms conflict with the Terms of Use, these Rental Terms shall control solely with respect to the subject matter covered by these Rental Terms.  Capitalized terms used in these Rental Terms but not otherwise defined herein will have the meanings given in the Terms of Use.

IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF the Rental agreement, including without limitation, these rental terms and the terms of Use.  BY CLICKING “I ACCEPT,” SUBMITTING AN ORDER FOR THE RENTAL OF ARTWORK, OR PROCEEDING WITH THE RENTAL OF ANY ARTWORK, YOU AS AN AUTHORIZED REPRESENTATIVE OF YOURSELF OR THE ENTITY ON WHOSE BEHALF YOU rent the Artwork (the “Client”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT the rental AGREEMENT WITH Studio Archive Project, LLC, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE RENTAL AGREEMENT, DO NOT CLICK “I ACCEPT,” SUBMIT AN ORDER FOR THE RENTAL OF ARTWORK, OR PROCEED WITH THE RENTAL OF ANY ARTWORK.

  • Rental of the Artwork.  Subject to Client’s compliance with the terms and conditions of the Rental Agreement, Studio Archive Project agrees to rent to the Client the Artwork specified in the applicable Order for such Artwork for the term specified in the applicable Order (the “Rental Term”).  Unless otherwise set forth in the applicable Order, or mutually agreed upon by the Client and Studio Archive Project in writing, the Rental Term shall automatically terminate at the end of the Rental Term.
  • Permitted Use.  Client shall keep the Artwork in the same condition as originally conveyed by Studio Archive Project to Client, in a safe environment.  Client represents that the Client has rented the Artwork for Client’s own use and not intended for resale. Unless otherwise expressly authorized by Studio Archive Project in writing, Client shall have no rights or property interest in the Artwork, except for the right to display the Artwork in its intended manner.  Client shall not grant any third party rights in respect of the Artwork. (by way of a landlord’s lien or otherwise). No photographs of its use other than for display on Client’s premises shall be allowed except for the written consent of Studio Archive Project.
  • Rental Fees; Security Deposit.  Client will pay the rental fees specified in the applicable Order for the Artwork in accordance with the payment terms set forth in the Terms of Use.  In addition, Studio Archive Project may require Client to pay a security deposit, which shall be specified in the Order, and in such case, Client’s credit card or payment method on file will be charged a security deposit before Client may take possession of the Artwork.  Client hereby authorize Studio Archive Project and its third payment processors to charge Client, the rental fees, security deposit, charges and taxes specified in the applicable Order for the Artwork that are due and payable by Client, and any other charges, fees and/or costs Client may incur with Studio Archive Project or otherwise arise from Client’s rental of the Artwork or otherwise due and payable by Client pursuant to the terms of the Agreement.
  • Ownership.  As between, Client and Studio Archive Project, the Artwork shall at all times be the sole and exclusive property of Studio Archive Project.  Client recognizes the copyright interests of Studio Archive Project or its licensors in the Artwork and shall not infringe or allow any infringement of Studio Archive Project’s or its licensor’s rights.  Client shall not grant any third party rights in respect of the Artwork. (by way of a landlord’s lien or otherwise).  Client will not represent or assert any ownership interest in the Artwork and will act as Studio Archive Project’s bailee for the Artwork.  Client agrees that Studio Archive Project may require Client to place a Studio Archive Project ownership or attribution label or recognition on the Artwork at any time during the Rental Term.  Client will keep the Artwork free of liens, attachments and other encumbrances.
  • Compliance with Laws.  Use of the Artwork is subject to all laws, regulations, and ordinances applicable in Client’s jurisdiction. It is solely Client’s responsibility to determine whether Client’s use of the Artwork complies with local laws, regulations, and ordinances, and to ensure that Client’s use complies with all applicable laws, regulations and ordinances. If Client does not have sufficient information to determine whether Client’s use of the Artwork will comply with all applicable laws, regulations, and ordinances, then do not rent or use the Artwork or enter into the Rental Agreement.
  • Risk of Loss; Damages & Liability.  The risk of loss, theft, damage or destruction of the Artwork shall pass to the Client upon delivery, and the Artwork shall remain at the sole risk of the Client throughout the Rental Term and for any period thereafter until it is returned to Studio Archive Project’s physical possession Client shall be solely responsible for any loss or damage to the Artwork. Client hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Artwork from any and every cause whatsoever. No such loss or damage shall impair any obligation of Client under the Rental Agreement, which shall continue in full force and effect. In the event of damage to or loss of the Artwork (or any component thereof), Client shall pay the total of the unpaid rental payments for the remainder of the Rental Term, plus the purchase price of the Artwork prior to such loss or damage, in which case the Rental Agreement shall terminate with respect to such Artwork, except for any Client duties, as of the date such payment is received by Studio Archive Project.
  • Security Interests.  If the rental of any Artwork hereunder is deemed to be a lease intended for security, Client grants Studio Archive Project a purchase money security interest in the Artwork (including any replacements, substitutions, additions, attachments and proceeds). In addition, Client recognizes the security interests of Studio Archive Project in the Artwork and will cooperate in the filing of any forms necessary for Studio Archive Project to perfect such security interests. Recognizing that the Artwork is or may be portable and the security interests of Studio Archive Project could easily be impaired, Client grants Studio Archive Project permission to enter its premises of the place where it has control over access to obtain the Artwork upon the end of the Rental Term or upon default of the terms of the Rental Agreement by Client.
  • Insurance: Client shall obtain insurance and maintain such insurance to the value of the Artwork in regard to fire, theft, natural disasters and liability and will pay over the proceeds of such insurance to Studio Archive Project upon the receipt of such proceeds.
  • Default.  If Client defaults in any performance required herein, and does not cure such default within 10 days following notice thereof by Studio Archive Project, then (a) the Rental Agreement may be terminated by Studio Archive Project, (b) Studio Archive Project shall have the right to enter Client’s premises and remove the Artwork, without notice, and (c) Studio Archive Project shall be entitled to pursue any other remedies available to it at law and in equity.
    • 9.1.Termination.  The Rental Agreement will remain in full force and effect for the Rental Term for the applicable Artwork, or until terminated in accordance with the provisions of the Rental Agreement.  Upon any termination of the Rental Agreement or expiration of the Rental Term, Client shall return the Artwork to Studio Archive Project’s address set forth in the applicable Order, at Client’s expense, in the same condition as received, within two (2) business days following the expiration or termination of the Rental Agreement or Rental Term, as applicable.  Termination of the Rental Agreement shall not prejudice Studio Archive Project’s rights which shall have accrued to the date of such termination, nor its rights to recover any payment or any sum due, if any, at the time of such termination, nor shall it prejudice any cause of action or claims of Studio Archive Project accrued or to accrue on account of any breach by Client, including injunctive relief.
  • General. Neither the rights nor the obligations arising under the Rental Agreement are assignable by Client, and any such attempted assignment or transfer shall be void and without effect.  Any waiver of any provision of the Rental Agreement must be in writing and executed by both parties.  The failure of either party to exercise any right provided for by the Rental Agreement shall not be deemed a waiver of that right.  If any term or provision of the Rental Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from the Rental Agreement and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in the Rental Agreement. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in the Rental Agreement and/or its performance shall be construed as creating a joint venture or agency between Studio Archive Project and Client.  Studio Archive Project may delegate the performance of any services hereunder to its affiliates and contractors.  The Rental Agreement, together with any Orders entered into under the Rental Agreement, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described.   Any notice to Client may be provided by email.  The headings of Sections of these Rental Terms are for convenience and are not to be used in interpreting these Rental Terms.  As used in these Rental Terms, the word “including” means “including but not limited to.”  Client agrees that the Rental Agreement, including these Rental Terms, will not be construed against Studio Archive Project by virtue of having drafted them.  The official text of these Rental Terms (and any notice submitted hereunder) will be in English.  The parties acknowledge that they require that these Rental Terms be drawn up in the English language only.  In the event of any dispute concerning the construction or meaning of these Rental Terms, reference will be made only to these Rental Terms as written in English and not to any translation into another language.  Any delay in performance of any duties or obligations of either party will not be considered a breach of the Rental Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
  • QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at hello@studioarchiveproject.com if you have any questions about the Rental Agreement.

STUDIO ARCHIVE PROJECT MARKETPLACE –INFRINGEMENT Policy

Effective: May 24, 2021

Studio Archive Project, LLC, a New York limited liability company (“Studio Archive Project”, “we,” “our” or “us”) owns and operates the Studio Archive Project marketplace platform (the “Marketplace”) located at www.studioarchiveproject.com (the “Site”), that enables users to purchase and/or rent works of art (the “Artwork”).

This Infringement Policy applies to the Site, Marketplace, Artwork, and any related resources, materials, information and/or services provided by us through the Site and/or Marketplace (all of the foregoing, collectively, the “Services”).

If you are the owner any copyright, trademark, patent or other intellectual property right, or are authorized to act on behalf of one, or authorized to act under any exclusive right under any intellectual property rights, please report alleged claims of infringement taking place on or through the Services as set forth in ‘Reporting Claims of Infringement” below.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf (the “DMCA”), Studio Archive Project will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Studio Archive Project’s designated Copyright Agent, identified below.  Studio Archive Project will also respond expeditiously to claims of infringement with respect to any trademark, patent and/or other intellectual property right in the same manner.

Upon receipt of the Infringement Notice (as defined below), Studio Archive Project will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material on or through the Services.

Reporting Claims of Infringement

The written notice to report infringement (the “Infringement Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive Infringement Notices is:

Lisha Bai

1000 Dean Street

S2

Brooklyn, NY 11238

917.297.3784

studioarchiveproject@gmail.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Infringement Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). The Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided Studio Archive Project with the complaint at issue.

Completed Counter-Notices should be sent to:

Lisha Bai

1000 Dean Street

S2

Brooklyn, NY 11238

917.297.3784

studioarchiveproject@gmail.com 

The DMCA allows us to restore the removed content if the party filing the original Infringement Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others.

QUESTIONS

If you have any questions about this Infringement Policy, please contact us by email at: hello@studioarchiveproject.com.  

STUDIO ARCHIVE PROJECT MARKETPLACE- Return Policy

Effective: May 24, 2021

 

**All sales are final at point of sale with exceptions only for damaged OR lost orders as set forth in this Return Policy**

What if the Artwork I purchased is damaged or lost?

Studio Archive Project will accept the return of damaged Artwork as described in this Return Policy.  All investigation into any damaged and/or lost shall be conducted by Studio Archive Project, and the determination of whether the Artwork is damaged and/or lost shall be at Studio Archive Project’s sole and absolute discretion and is final.

Damaged Artwork:

Artwork may be considered “damaged” if the Artwork arrives with visible damage that renders it visibly/cosmetically intolerable, and such damage is not part of the artistic expression of the Artwork.

“Damaged” Artwork does not include (1) natural variances in the Artwork, including but not limited to grain in wood, bubbles in glass, slight differences in color or print, or appearing slightly different in person as compared to a photograph on the computer; (2) defects or damages arises from a customer’s failure to adhere to applicable use and/or care guidelines, for example, failure to frame the Artwork, failure to comply with installation recommendations, failure to wash hands or wear protective gloves while handling the Artwork, failing to properly transport and/or store the Artwork; or (3) defects or damages resulting from your, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of the Artwork.

Lost Artwork:

Artwork may be considered “lost” if a shipping carrier is unable to locate it or provide reliable insight into its status.

“Lost" Artwork does not include (1) stolen Artwork or Artwork misplaced by you; (2) Artwork that is misdelivered, misplaced, or lost due to a customer’s failure to provide accurate and up to date shipping information; or (3) delays in transit, for any reason.

If your tracking information shows that your package was delivered, but you can't find it please do the following within 48 hours of expected delivery:

  • Verify the shipping address.
  • Look for a notice of attempted delivery.
  • Look around the delivery location for your package.
  • See if someone else accepted the delivery, unless you have health or safety concerns about doing so.
  • Some packages travel through multiple carriers; check your mailbox or wherever else you receive mail.
  • Wait 48 hours - in rare cases packages may say delivered up to 48 hours prior to arrival.

SUBMITTING CLAIMS FOR DAMAGED OR LOST ARTWORK

To submit a claim for a damaged Artwork, you must send us an e mail at hello@studioarchiveproject.com within 7 days of your receipt the Artwork and include (1) a photo of the Artwork, and (2) a description of the damage to the Artwork.

If you have not received your Artwork within 48 hours of expected delivery, you can submit a claim for lost Artwork by emailing us at hello@studioarchiveproject.com and we will look into it.

We will use reasonable efforts to promptly review your claim, and will provide you written notice via email of our acceptance or rejection of your claim.  For the avoidance of doubt, any claim for damaged or lost Artwork shall not be deemed accepted unless and until Studio Archive Project has provided written notice of its acceptance.

If we accept a claim (which shall be in our sole discretion), as described above, you may return the Artwork (in the case of damaged Artwork) and receive a refund of the fees paid for the Artwork (excluding shipping fees). Due to the unique nature of the Artwork, we cannot offer you a replacement of any Artwork.

RETURNS

If you have opted to receive a refund for damaged or lost Artwork, we will process your return, after we have received the returned Artwork with respect to damaged Artwork, and, with respect to lost Artwork, promptly following our confirmation notice to you that we have accepted your claim.  Please allow at least 7-10 business days from our receipt of your item or your receipt of our confirmation notice, as described above, to process your return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company and your billing cycle.  We will notify you by email when your return has been processed.

Please note, that the original shipping charges incurred on your purchase are not refundable as part of your return.  You may request a prepaid shipping label. If you do not use Studio Archive Project’s prepaid return label you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return. 

QUESTIONS

If you have any questions concerning our return policy, please contact us at: hello@studioarchiveproject.com.