Home> Terms and Conditions


Thank you for visiting our website. By browsing, visiting, or accessing this site, you agree to abide by the terms and conditions set forth below.

IN GENERAL

1. 123soho.com reserves the right to reject artwork or copy for posting without any explanation.
2. 123soho.com reserves the right to keep, delete and edit all copy if assumed necessary.
3. 123soho.com assumes no responsibility for the protection of the proprietary interest of artists in the proprietary displayed.
4. 123soho.com reserves the right to collect a 25%-50% commission fee from all sales made through 123soho.com.
5. 123soho.com does not allow users' contact information being posted on site.
6. Use this site at your own risk: 123soho.com makes no representations or warranties of any kind as to:
(a) the accuracy or completeness of the information or materials contained in this site, and assumes no responsibility for any errors or omissions in the content of this site (which may include factual or typographic errors and/or technical inaccuracies);
(b) the presence or absence of computer bugs or viruses which third parties may imbed in or attach to this site without 123soho.com's knowledge;
(c) the merchantability or fitness for use of any of the artwork displayed;
(d) the security of any data transmitted to 123soho.com. 123soho.com shall treat any data or information transmitted to 123soho.com as non-confidential and non-proprietary.


YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) Provide true, accurate, current and complete information about yourself as promoted by the Service's registration form (such information being the "Registration Data") and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or 123soho has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 123soho has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof).

In addition, you certify that you own all rights, including copyrights of all submitting materials provided to 123soho.com. In accordance with this Agreement, you authorize 123soho.com:
(a) the right to display images of your art works and related information,
(b) the right to sell your art works (only if you wish to sell), and
(c) the right to reproduce your art works (only if you choose to sell a reproduction of your original art works).


MEMBER'S HOME PAGE, PASSWORD AND SECURITY

For member who owns a 123soho Username/ID will receive a password and personal page upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or personal page. 123soho cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


COPYRIGHT NOTICE

This site is protected by the Copyright laws of the United States of America and may be protected by the copyright laws of other countries and jurisdictions as well. Any copy, reproduction, modification, distribution, display, or retransmission of all or any of the contents of this site is strictly prohibited without prior written permission of 123soho.com. All rights reserved.


TRADEMARK NOTICE

The use of any logos, images, and trademarks displayed on this site is strictly prohibited without the prior written consent of 123soho.com.


LINKS

For the convenience of users of 123soho.com, one or more links to other Internet websites will appear on the site. 123soho.com assumes no responsibility for the contents of any linked website, or for any potential damage arising out of or in connection with the use of any such link.

The existence of a link between this site and any other website shall not be considered as an endorsement by 123soho.com of the owner or proprietor of the linked Internet website, or vice-versa.


PAYMENT OF ROYALTY

Commission Rate

For all Artists, Art Galleries, Art Organizations and Others who wish to sell their artwork through 123soho
When sales occur, 123soho takes a commission fee of:
a. for all master/original piece of artworks -
Members of 'Premium' and 'Special' memberships - 25% commission rate off the final sale.
Members of 'Standard' membership - 30% commission rate off the final sale.
Members of 'Free' membership - 35% commission rate off the final sale.
All members at 'FreePosting' category - 35% commission rate off the final sale.
b. for all reproduction piece of artworks -
All type of members - 50% commission rate off the final sale.

123soho will then pay the difference to the artists, art galleries, art organizations or correspondence parities. With each royalty payment, 123soho will provide artists, art galleries, art organizations or correspondence parities with a receipt listing down the calculation of the amount of the royalty payment.

For all Gift Shop Owners
When sales occur, 123soho takes a commission fee of 40% at the total sale price. 123soho will then pay the rest of 60% to the gift shop owners or correspondence parities. With each royalty payment, 123soho will provide gift shop owners or correspondence parities with a receipt listing down the calculation of the amount of the royalty payment.

Membership Registration Fee

All Members from Feature Artists and Individual Artists of 123soho.com
are suggested to pay a member registration fee of U.S.$35 (Thirty Five U.S. Dollars) per account title. Fee is non-refundable. However, registration fee can be wavied/covered by choosing one out of the four type of memberships. For internet on-line registration, payments will be made via credit cards through *www.PayPal.com company. Other forms of payments including personal/company checks, bank checks, and money orders; are acceptable.

For Art Groups including Galleries, Museums, and individual Art Organizations
are suggested to pay a member registration fee of U.S.$70 (Seventy U.S. Dollars) per account title. Fee is non-refundable. However, registration fee can be wavied/covered by choosing one out of the four type of memberships. For internet on-line registration, payments will be made via credit cards through *www.PayPal.com company. Other forms of payments including personal/company checks, bank checks, and money orders; are acceptable.

For all Gift Shop Owners
are subject to pay a "Open A Store - Set-up Fee" of U.S.$35 (Thirty Five U.S. Dollars) per account title. Fee is non-refundable. On-line registration is mandatory. Payments will be made via credit cards through *www.PayPal.com company. No other form of payments is accepted.

*Note: 123soho authorizes www.PayPal.com, a secure on-line payment processing company to handle all 123soho on-line payments.



Single/Additional Service Fee


1. All bounced checks are subject to charge an additional service fee of $U.S.$30 (Thirty U.S. Dollars) per account title.
2. 123soho.com collects a U.S.$5 (Five U.S. Dollars) for each image upload service.
3. 123soho.com collects a U.S.$10 (Ten U.S. Dollars) for each picture scan service.
4. 123soho.com collects a U.S.$10 (Ten U.S. Dollars) for typing service (for every 8.5" x 11" sized paper).


AMENDMENT

123soho reserves the right at any time and from time to time to modify, amend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 123soho shall not be liable to you for any modification, suspension or discontinuance of the Service.


TERMINATION
You agree that 123soho, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 123soho believes that you have violated or acted inconsistently with our terms and agreement. 123soho may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that 123soho may immediately deactivate or delete your personal page and all related information or the Service. Further, you agree that 123soho shall not be liable to you for any termination of your access to the Service.

On the other hand, 123soho agrees that you, in your sole discretion, may write to terminate your 123soho service by providing 30 days written notice when you are not satisfaction with 123soho service.


FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


APPLICABLE LAW
This Terms & Conditions agreement shall be governed by the laws of the State of New York.

 




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