|Type of art||Medium||Technique||Object type||Style||Theme||Surface||Color|
Mixed media 21
Spray paint 12
Wheel thrown 13
For the wall 41
Pop art 23
Avant garde 14
Pop culture 28
Wood panel 20
Bare clay 11
Last Updated: August 29th, 2012
Welcome to Dizbe, where we share and appreciate your enthusiasm for art! Please read this document carefully, as it contains the terms and conditions that govern your use of our website.
1. By signing up for Dizbe, or by accessing, visiting, browsing, using, or attempting to interact with any part of this website, or other Dizbe software, services, websites, or any of Dizbe's licensees' services or software ("Services"), you agree that you have read, understand and agree to be bound by this agreement.
2. If you do not agree to be bound by this agreement, do not access or use any part of this website.
1. Dizbe reserves the right, with or without notice to you, to make changes to this agreement in Dizbe's sole discretion. Continued use of any part of this website constitutes your acceptance of such changes.
1. In addition to those who generally access the site, Dizbe also deals with two specific types of users.
2. The first type of user is the individual who places item(s) of work for sale on Dizbe's website ("Artist"). The actual item(s) of work placed on sale by the artist are hereafter referred to as "Artwork."
3. The second type of user is the individual who purchases the artwork ("Buyer").
4. A user may be both an artist and a buyer.
1. Artist agrees and warrants that:
a. Artist is sole creator of the artwork;
b. Artist owns the copyright and all other legal rights to artwork;
c. Artist will use his or her real name;
d. Artist will not sell artwork posted to Dizbe outside of Dizbe, including but not limited to sale through other websites or brick and mortar institutions;
e. Artist will not send to buyer artwork that has been damaged in any way, or is otherwise not in accordance with what the artist represented the artwork to be;
f. Artist will purchase insurance on items to be shipped, and will file a claim if necessary with that entity (such as UPS), and will not seek such payment from Dizbe;
g. Artist will promptly send artwork to buyer upon buyer's placement of order;
h. Artist will open a Paypal Premier account, which allows the artist to accept credit card payments, and such account shall be in the artist's name;
i. Artist grants Dizbe a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute artwork, in whole or in part, worldwide, and/or to incorporate artwork into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such artwork, including without limitation any marketing materials related to Dizbe;
j. Artwork for sale expires every six months and will be removed, but artist may repost that same item up to two additional times;
k. Artist will not remove artwork from Dizbe without Dizbe's consent;
l. Artist irrevocably waives any claims based on moral rights or similar theories, if any;
m. Artist appoints Dizbe as an agent with full power to enter into and execute any document and/or do any act it considers appropriate to confirm the grants of rights, consents, agreements, assignments and waivers set forth in this agreement;
n. Artist will participate in the Dizbe Rewards Program;
o. If Artist desires to take a break from Dizbe, artist can enter "vacation mode" so that the artist's account is invisible to buyers but still intact such that the account can later be reactivated;
p. Artist will comply with all terms in this agreement in good faith.
2. Nothing in this section shall be construed as limiting the obligations, promises, and warranties of the artist found in other parts of this agreement.
1. Buyer agrees and warrants that:
a. Buyer will pay for artwork;
b. Buyer will promptly notify artist and Dizbe of delivery problems or damaged artwork.
c. If buyer purchases artwork, any PayPal account used to purchase such artwork must be in buyer's name;
d. Though Dizbe will attempt to rectify buyer's complaints, buyer waives all claims against Dizbe for delivery problems or damaged artwork;
e. Buyer may not return artwork outside of seven days from receiving shipment of artwork, and will not be compensated or remunerated in any way for artwork not returned within this seven day window;
f. Buyer will participate into Dizbe Rewards Program as described below;
g. Buyer will comply with all terms in this agreement in good faith.
2. Nothing in this section shall be construed as limiting the obligations, promises, and warranties of the buyer found in other parts of this agreement.
1. There is no charge to join Dizbe.
2. An artist who sells work to a buyer must pay Dizbe 35% commission on the sale price, with 1% of that commission fee going to benefit artists as described in the section titled "Artist Fund."
3. Artists are responsible for all shipment fees, except for delivery fees associated with return of artwork, as further described in the section titled "100% Satisfaction Guarantee."
4. Artist shall be responsible for listing the appropriate shipment fee for artwork.
5. Unless otherwise indicated, all prices are in U.S. dollars.
6. Artist is responsible for collecting any duties, sales taxes, or other applicable taxes.
1. If a buyer wishes to return artwork for any reason, buyer may return the artwork to the artist within seven days of receiving the artwork.
2. Dizbe will cover all shipping costs up to $100 for artwork returned within seven days of receipt, unless such artwork is returned within seven days on account of being damaged, in which case artist shall be responsible for the cost of return.
3. Neither artist nor Dizbe will compensate buyer for artwork not returned within seven days of receipt.
1. In order to get into Dizbe's collection, you may apply to Dizbe by submitting a resume, artist statement, photography of work, a five dollar application fee, and an application for entrance (collectively, "Application").
2. Each application will be reviewed by seven randomly selected artists who have already been accepted into Dizbe's collection, or independently by Dizbe;
3. If a majority of the randomly selected artists indicate that the applicant should gain entrance into the collection, or if Dizbe in its discretion decides as such, then the applicant will gain such admission.
4. Dizbe, in its sole and absolute discretion, reserves the right to veto the decision of the seven-member jury or otherwise deny the artist entrance into its collection.
5. If your artwork is not accepted then you may reapply for admission two months after you have been denied entry.
6. You may reapply as many times as you desire, so long as you complete the two month waiting period before reapplying.
1. You shall participate in the Dizbe Rewards Program, where you have the opportunity to profit from referring your friends to the Dizbe website, if such friends activate a valid link provided to them.
2. Every time your friend buys artwork on Dizbe, then you will receive 10% of the artist's share of the sale.
3. Every time your friend sells artwork on Dizbe, then you will receive 4% of the artist's share of the sale.
4. If a user has credited funds available, then those funds will automatically be applied to cover the cost of purchasing art (if the user is a buyer) or to cover the cost of commission (in case the user is a selling artist).
5. If a buyer pays an artist with rewards credit, then such credit shall first be applied to covering artist's commission, and then the artist will be reimbursed for any excess credit (if any) via PayPal within fourteen days.
6. A user may not withdraw rewards credit in exchange for cash, unless otherwise provided.
a. Buyer uses $20 in rewards credit for purchasing $100 artwork. Buyer thus only owes the artist $80 via PayPal. Artist uses the $20 received in rewards credit to pay the $35 commission fee, and thus only owes $15 to Dizbe via PayPal.
b. Buyer uses $50 in rewards credit for purchasing $100 artwork. Buyer thus only owes artist $50 via PayPal. Artist uses $35 of $50 received in rewards credit to pay the $35 commission fee, and thus Dizbe will pay artist $15 via PayPal in exchange for the $15 of remaining rewards credit.
c. In all examples, artist is still is responsible for ensuring that all applicable sales tax, duties, delivery fees, and other applicable fees are paid.
1. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dizbe or its content suppliers and is protected by United States and international copyright laws.
2. All software used on this site is the property of Dizbe, its software providers, and/or distributors and is protected by United States and international copyright laws.
1. You will resolve any claim, cause of action or dispute (collectively, separately, or in any combination, "Claim") you have with us arising out of or related to this Agreement or Dizbe exclusively in a state or federal court located in Summit or Cuyahoga County, Ohio. The laws of the State of Ohio will govern this agreement, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Summit or Cuyahoga County, Ohio, for the purpose of litigating all such claims.
2. If you have questions about the above forum selection clause, please contact us.
1. As required by the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of alleged potential copyright infringement: Justin Crowe, 1587 Hunting Hollow Dr., Hudson , OH 44236, 330-802-1070, Justin@Dizbe.com.
2. If you believe material on Dizbe infringes a copyright, please provide the following information to the person identified above, pursuant to section 512 of the Copyright Act of 1976:
a. A physical or electronic signature of the copyright owner or authorized agent;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed, or have access to disabled;
d. Information that is specific and sufficient to permit us to locate the material;
e. The following contact information:
c.i. mailing address
c.ii. telephone number
c.iii. e-mail address
f. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1. If Dizbe in its sole discretion has reason to believe that you are violating this agreement, then Dizbe has the right to remove any content posted by you and refuse you access to Dizbe.
2. Such remedies are in addition to any other remedies provided for by contract, law, equity or otherwise.
1. You may only use this site for purposes expressly permitted by this site.
2. All the information you provide on this site must be correct, current, and complete.
3. You may not use Dizbe's website(s) in any manner which could disable, overburden, damage, or impair Dizbe or interfere with any other party's use and enjoyment of Dizbe.
4. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through Dizbe.
5. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
6. You shall not post content or items in an inappropriate category or areas on our sites and services, or violate any laws, third party rights, or our policies.
7. You shall not use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site.
8. You shall not manipulate the price of any item or interfere with other user's listings, circumvent or manipulate our fee structure, the billing process, or fees owed to Dizbe, or post false, inaccurate, misleading, defamatory, obscene, inappropriate, or libelous content (including personal information).
9. You may not message other users outside the Dizbe system in order to buy or sell art, and are not allowed to share personal contact information such as email addresses or phone numbers via Dizbe's private messaging system.
10. You shall not transfer your Dizbe account to another party without our consent.
11. You shall not distribute or post spam, chain letters, or pyramid schemes.
12. You shall not distribute viruses or any other technologies that may harm Dizbe, or the interests or property of Dizbe users.
13. You shall not copy, modify, or distribute content from Dizbe's copyrights and trademarks.
14. You shall not harvest or otherwise collect information about users, including email addresses.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIZBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIZBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
1. THE MATERIALS IN DIZBE'S WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY COMPANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY COMPANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY COMPANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
2. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM ANY COMPANY SITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS TO OR FROM ANY COMPANY SITE OR THIRD-PARTY CONTENT ON OUR SITES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF, ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY SITES OR CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.
1. CALIFORNIA RESIDENTS, AS A CONDITION TO USING DIZBE, WAIVE THEIR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
2. IF ANOTHER JURISDICTION HAS LAWS WITH SIMILAR PURPOSE, YOU WAIVE ALL RIGHTS UNDER THOSE LAWS AS WELL.
1. You agree to indemnify and hold Dizbe and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
1. This agreement constitutes the entire agreement between you and Dizbe.
2. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
3. Headings are for reference purposes only and do not limit the scope or extent of such section.
4. We do not guarantee we will take action against all breaches of this agreement.
5. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
1. If you have any questions about these terms, or wish to report violators of these terms, contact email@example.com.