DEPICTURA - Digital Art Marketplace

Last Updated: May 1, 2025

1. ACCEPTANCE OF TERMS

By accessing or using DePictura's website, services, applications, marketplace, or any other content (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms form a legal agreement between you and DePictura, Inc. ("DePictura," "we," "us," or "our").

These Terms apply to all users of DePictura, including artists, collectors, curators, and visitors. If you do not agree to these Terms, you may not access or use the Services.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. ACCOUNT REGISTRATION

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information when necessary.

You are responsible for safeguarding your password and all activity under your account. You agree to notify us immediately of any unauthorized use.

4. USER CONTENT

Our Services allow you to upload, submit, store, and share content, including artworks, text, images, videos, reviews, playlists, or commentary ("User Content").

Artists retain full copyright and intellectual property rights in their artworks. By uploading, you grant DePictura a limited, non-exclusive, royalty-free license to display, distribute, and promote your work solely for the purpose of operating and marketing the Services.

Curators and experts retain rights to their critiques, reviews, or playlists, granting DePictura a similar limited license for Service operation and promotion.

You represent and warrant that:

You own or have the necessary rights to your User Content.
Your User Content does not violate any third-party rights.
Your User Content complies with all applicable laws and regulations.

5. MARKETPLACE RULES

DePictura operates a curated marketplace for art in digital form.

Artists' responsibilities: Artists are responsible for ensuring they have all necessary rights to sell their artworks on DePictura.
Collectors' rights (primary sales): When purchasing an artwork, collectors receive ownership of the digital file and a certificate of authenticity and provenance. They may download, store, and display the artwork for personal use.
Artists' rights: Artists retain copyright and moral rights. Purchased works may not be modified, reproduced, or used commercially without explicit artist consent.
Limited editions: Artists may set edition sizes for unique or limited works. Once defined, edition sizes cannot be expanded.
Commission (primary sales): DePictura charges a 15% commission on all primary sales. This covers platform maintenance, curation, security, marketing, and support.
Secondary sales: Collectors may resell artworks they own on the DePictura secondary marketplace, but only once all editions of that artwork are sold out on the primary marketplace. Secondary sales benefit from the same provenance and authenticity protections as primary sales.
Artist royalties (secondary sales): Artists automatically receive a 5% royalty on every secondary sale made through the DePictura platform. This royalty applies indefinitely, with no limitations, ensuring artists continue to share in the long-term value of their work.
Currency: All prices must be listed in the currency specified on the platform.
NFTs (optional): Artists may choose to mint or import works as NFTs by connecting their wallets. This adds blockchain-based provenance but is not required.
DePictura reserves the right to remove any listing that violates these Terms or our Community Guidelines.

6. PAYMENTS & PAYOUTS

Collectors may purchase artworks using:

Major credit and debit cards
E-wallets (e.g., PayPal, Apple Pay, Google Pay)
Cryptocurrencies (when supported by our payment partners)

Artists receive payouts via:

Bank transfers (via Stripe)
E-wallets (e.g., PayPal)
Cryptocurrency withdrawals (where supported)

Payments are processed securely. Artist payouts are released after a 7-day security period. DePictura ensures transparency: no hidden fees, all charges are disclosed upfront.

7. PROHIBITED CONDUCT

Users may not:

Violate laws, regulations, or these Terms.
Infringe intellectual property rights of others.
Upload plagiarized, misrepresented, or AI-generated works without disclosure.
Upload harmful, harassing, obscene, or otherwise objectionable content.
Impersonate others or misrepresent affiliation.
Interfere with or disrupt the Services.
Use the Services for fraud, scams, or illegal activity.
Create multiple accounts for abuse or disruption.

8. INTELLECTUAL PROPERTY

The Services, and their original content, features, and functionality, are owned by DePictura and protected by intellectual property laws.

Collectors own the purchased digital file and certificate of authenticity but not the underlying copyright, which remains with the artist unless otherwise agreed.

9. TERMINATION

We may suspend or terminate your account at any time for breach of these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that naturally survive termination (ownership, indemnity, liability limits) shall remain in effect.

10. DISCLAIMER OF WARRANTIES

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted or error-free operation.

11. LIMITATION OF LIABILITY

In no event shall DePictura, its directors, officers, employees, or agents be liable for indirect, incidental, or consequential damages, including lost profits, data, goodwill, or other intangible losses.

DePictura does not guarantee the future value, resale potential, or investment return of any artwork purchased on the platform.

12. INDEMNIFICATION

You agree to indemnify and hold harmless DePictura and its officers, employees, and agents against claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

13. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law. You agree to the exclusive jurisdiction of the courts located in Delaware.

14. CHANGES TO TERMS

We may modify or update these Terms at any time. If changes are material, we will provide at least 30 days' notice before they take effect. By continuing to use the Services after updates, you agree to the revised Terms.

15. CONTACT US

If you have questions about these Terms, contact us at: legal@dpctr.art

TERMS OF SERVICE