Mepaintsme, LLC, a North Carolina limited liability company ("mepaintsme," "we," "our," or "us") owns and operates the online marketplace located at https://mepaintsme.com (the "Website"), that enables clients ("Clients") to purchase certain works of art ("Artwork").
1. Eligibility. You warrant that your Artwork is your own original work and you have the right to make it available to us for all the purposes identified within these Terms. You also warrant that your submission is not defamatory and does not infringe any law, and that you are 18 years of age or over.
- Artists may submit up to three (3) Artworks per Submission, and no more than one (1) Submission per Artist.
ARTWORKS must be:
- two-dimensional, in any media; or three-dimensional artwork that can be safely packed and shipped
- of any subject matter (figurative, abstract, landscape, etc.)
- less than 40 inches (100 cm) in length and width (2D artwork); less than 20 inches (50 cm) in length and width (3D artwork)
- made within the last year (2022 or 2023)
- available for sale on mepaintsme.com, from July 27 - September 6, 2023, and for 30 days following the close of the exhibition.
- A $20 fee (for United States-based artists) and a $25 fee (for International artists) is required for each Submission. The fee is non refundable and does not guarantee acceptance.
- Submissions which are deemed to not meet the Submission or Eligibility criteria cannot be considered for admission to the exhibition.
- The Submission deadline is Friday, May 26, 2023.
3. Term. In order to avoid “double selling” any Artwork, Artist agrees that it will not make any submitted Artwork available for sale to any third-party or list the Artwork for sale on a third-party website from the date of Artwork Submission until June 30, 2023 for non-accepted submissions, and until October 6, 2023 for accepted submissions.
4. Review of Submissions. Mepaintsme shall be the sole and final judge of all Submissions and may accept or not accept Submissions in its sole discretion. Accepted Submissions will be confirmed in writing by Friday, June 30, 2023.
5. Accepted Submissions. Artist authorizes mepaintsme to use the images and information provided to mepaintsme in their Submission ("Artist/Artwork Information") to list the Artwork for sale on the Website, and to market and promote the 2023 Open Call in any and all media.
6. Copyright. Artist retains all copyright to the Artwork and Artist/Artwork Information, and agrees to grant mepaintsme a worldwide, royalty-free license to use, exhibit and publish the Artist/Artwork Information on the Website and to promote the 2023 Open Call on social media platforms. Mepaintsme must seek and receive approval from the Artist to alter, crop and/or add text to the Artist/Artwork Information before using in our our media or marketing materials.
7. Sales, Shipping, Insurance and Compensation.
- Accepted Artwork will be listed for sale on the Website from July 27, 2023 to September 6, 2023., and thereafter in the Exhibition Archive. Mepaintsme does not guarantee the sale of any Artwork and reserves the right to remove Artwork from the Website at any time and for any reason.
- The "Retail Price" is the public list price, and is determined by the Artist and provided to Mepaintsme on the Submission.
- Mepaintsme and the Artist agree to share in a 10% discount, to be extended by Mepaintsme to its Client at its discretion.
- Artist will receive fifty percent (50%) of the Sale Price and mepaintsme will receive fifty percent (50%) of the Sale Price, for the sale of Artwork listed on the Website. The Sale Price is the Retail Price less any discounts extended to the Client.
- Mepaintsme will email Artist upon sale of any Artwork.
- Mepaintsme is responsible for processing and collecting all sales and shipping charges. Artist is responsible for shipping the Artwork directly to the Client.
- Mepaintsme will pay for shipping the Artwork to the Client, including a stipend of between $5 and $40 for packing materials, scaled according to artwork size.
- Mepaintsme will provide prepaid shipping labels for Artist to download. Artist must pack the Artwork according to mepaintsme shipping guidelines and ship the Artwork to the Client within five (5) days of the sale of the Artwork. Artist agrees to comply with the terms and conditions and any other policies or rules imposed by the carrier (FedEx, UPS, DHL) used to ship the Artwork.
- Failure of Artist to abide by the foregoing shipping guidelines may result in monetary penalties against Artist, which shall be withheld from Artwork sale proceeds.
- Mepaintsme will calculate, collect, and remit applicable federal, national, state or local sales taxes, import taxes or value added taxes (collectively "Taxes") that mepaintsme is legally obligated to collect for its sale of the Artwork. Artist agrees to provide mepaintsme with any forms, documents, or certifications requested by mepaintsme to satisfy any reporting or withholding obligations with respect to any payments under these Terms.
- Mepaintsme will pay Artist the monies due and payable to Artist within thirty (30) days of sale of the Artwork. Mepaintsme will pay Artist electronically via Venmo, Zelle or PayPal.
8. Client Privacy In connection with Artwork sales and delivery, Artist will receive information including the Client name and shipment address ("Client Data"). As between mepaintsme and Artist, mepaintsme shall retain all right, title, and interest in and to Client Data. Artist may only use the Client Data to perform Artist's obligations under these Terms or for purposes of legal compliance. Artist acknowledges that any non-public Client Data shall be confidential, and Artist agrees not to disclose Client Data to any third party.
9. Termination. Either Party shall have the right to terminate these Terms upon thirty (30) days written notice. If either Party materially breaches these Terms and such breach goes uncured for ten (10) days following written notice of the breach, then these Terms shall terminate at the end of the tenth (10th) day.
10. Indemnification. You shall indemnify, defend and hold mepaintsme harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of or incurred in connection with your Submission, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEPAINTSME BE LIABLE TO ARTIST OR ANY THIRD PARTY OR PERSON FOR ANY LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS ADVANTAGE, COST OF COVER, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEPAINTSME'S TOTAL AGGREGATE LIABILITY TO ARTIST FOR ANY DAMAGES OR ALLEGED DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED $100. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Independent Contractor. Artist's relationship with mepaintsme is that of an independent contractor and nothing in these Terms are intended to, or shall be construed to, create a joint venture, partnership, agency, employment, or similar relationship between the parties.
13. Governing Law and Jurisdiction. Any dispute arising under or related to these Terms shall be brought in an arbitration pursuant to the Rules of the American Arbitration Association ("AAA") and in no other forum. The Parties expressly waive any right to bring an action in a court of law for any dispute arising under or related to these Terms. At the option of either party, and notwithstanding any rule of the AAA to the contrary, an arbitration conducted pursuant to this provision may be conducted virtually and not in person.
These Terms shall be governed by the law of the State of North Carolina, United States of America.
Updated: March 30, 2023