By accessing or using QuRated.art (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. The Service is operated by Ignite Websites Marketing and Graphic Design, Inc., doing business as QuRated.art ("Ignite," "we," "us," or "our").
QuRated.art provides artists and art galleries with tools to manage artwork listings, generate QR codes for physical gallery labels, process and log sales through third-party payment processors or manual payment methods, display public-facing gallery pages, manage artist and gallery profile information, and promote art shows and events. The Service is offered on a subscription basis.
To use the Service, you must create an account. You agree to:
Your username will be your registered email address. You are responsible for keeping your contact information current.
The Service is provided on a paid subscription basis. By selecting a subscription plan, you authorize us to charge your payment method on a recurring basis at the rate associated with your selected plan (monthly, semi-annual, or annual).
Platform-processed payments: QuRated.art may act as the merchant of record for artwork transactions processed through the Service. In this capacity, QuRated.art facilitates payment collection on your behalf and remits proceeds to you according to the terms of your merchant agreement with us. By accepting these terms and enabling payment processing through the Service, you agree to operate as a sub-merchant under QuRated.art's merchant account. You are responsible for accurately representing your artwork, fulfilling orders, handling buyer disputes, and complying with applicable laws. QuRated.art reserves the right to withhold or delay remittance in cases of suspected fraud, chargebacks, or violations of these Terms.
Artwork checkout rates: Fees are deducted from the seller's payout for each completed artwork sale processed through QuRated.art. The applicable rates are:
At launch, buyers are charged the displayed artwork price only. Subscription fees are separate from artwork checkout fees.
Directly-integrated payment processors: Where you choose to connect your own payment processor account to the Service, you are solely responsible for your relationship with that processor, including compliance with their terms of service, fee structures, and applicable tax obligations. QuRated.art is not a party to transactions processed through your directly-connected account.
Manual and alternative payment methods: The Service also allows you to log artwork sales made through alternative payment methods (including but not limited to cash, check, Venmo, Zelle, PayPal, and Cash App). You are solely responsible for collecting and verifying such payments. QuRated.art does not process, hold, or guarantee any manually recorded payments and is not responsible for disputes, failed payments, or uncollected balances.
Installment and deposit arrangements: Where you use the Service to record deposit or installment payment plans with buyers, you are solely responsible for collecting outstanding balances. The Service may provide optional payment reminder notifications as a convenience only - these do not constitute a guarantee of payment collection or a legal obligation on QuRated.art's part.
Representation agreement required. Gallery account holders who designate any artist as "Permanently Represented" on their QuRated.art account represent and warrant that a valid, current, written representation agreement exists between the gallery and that artist, and that the gallery has full legal authority to list, display, and facilitate the sale of that artist's work through the Service. The representation agreement must specify the scope of the gallery's authority, including the right to accept payment on the artist's behalf.
Accuracy of representation status. Gallery account holders are solely responsible for the accuracy of artist representation status on their account at all times. Galleries are required to remove any artist from "Permanently Represented" status promptly upon the conclusion or termination of any representation agreement. Failure to do so - including retaining an artist on the account after a representation relationship has ended - constitutes a material misrepresentation and a breach of these Terms.
Liability for sales involving represented artists. In the event that a gallery facilitates the sale of an artist's work through the Service after the representation relationship has ended or without valid authorization, the gallery account holder assumes sole and complete legal and financial responsibility for that transaction, including any obligation to the artist for proceeds. QuRated.art is not a party to gallery-artist representation agreements, will not adjudicate disputes between galleries and artists, and bears no liability for any claims arising from misrepresented representation status. QuRated.art will cooperate with lawful requests for transaction records but is not responsible for resolving any resulting dispute.
Show guest artists. Artists participating in a single show or exhibit under a gallery or artist account ("Show Guests") are distinct from permanently represented artists. Their work is visible through the Service only for the duration of the show. Upon show expiration, their artworks are automatically deactivated and cannot be reactivated by the account holder. This limitation exists to prevent non-subscribing artists from receiving ongoing platform benefits through another account holder's subscription. Attempting to circumvent this limitation - including re-listing a show guest's work under a different classification - constitutes a breach of these Terms.
Misrepresentation and account termination. Any of the following constitute grounds for immediate permanent account termination without refund:
Annual representation review. QuRated.art may periodically send gallery account holders a reminder to review and confirm that all permanently represented artists on their account reflect current, valid representation relationships. Responding to or acting on such reminders is the sole responsibility of the gallery account holder. The issuance of such reminders does not transfer any compliance obligation to QuRated.art or limit the gallery account holder's responsibility to maintain accurate representation status at all times.
Individual artist account holders may add guest artists to a specific show or exhibit. Guest artists added in this capacity are not represented by the platform and their work is governed by the same show guest limitations described in Section 6. The artist account holder is solely responsible for obtaining permission from any guest artist to list their work through the Service, and for ensuring that any sale of a guest artist's work is conducted with that artist's knowledge and consent. QuRated.art is not a party to any arrangement between an account holder and a guest artist.
The Service generates unique QR codes for each artwork listing and each show. These QR codes are linked to your public artwork and show pages and may be printed on physical gallery labels, show posters, and handouts. When a QR code is scanned, the Service logs anonymized data including approximate geographic location (derived from IP address), device type, and timestamp. This scan data is made available to you through your admin dashboard for analytics purposes. Scan logs are retained for the duration of your subscription and for a reasonable period thereafter.
You may optionally provide profile information for public display, including your name or gallery name, bio or artist statement, profile photo, phone number, Instagram handle, website URL, and studio or gallery address. You acknowledge that any information you choose to make public through the Service will be visible to anyone who visits your gallery page. You are solely responsible for the accuracy of this information and your decision to make it publicly available.
You retain all ownership rights to artwork images, descriptions, and other content you upload to the Service ("Your Content"). By uploading Your Content, you grant Ignite a limited, non-exclusive license to display and transmit Your Content solely for the purpose of operating the Service.
The QuRated.art platform, including its design, software, and branding, is the exclusive property of Ignite Websites Marketing and Graphic Design, Inc. and may not be copied, reproduced, or reverse-engineered without written permission.
You agree not to use the Service to:
Ignite facilitates the technical infrastructure for artwork sales but is not a party to any transaction between you and a buyer. All sales are conducted directly between the artist or gallery and the buyer. You are solely responsible for fulfilling orders, handling returns or disputes, collecting outstanding balances on installment or deposit arrangements, and complying with applicable consumer protection laws.
We collect and process personal data as described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to such processing. Buyer information collected during checkout (name, email, shipping address) is shared with you for order fulfillment purposes only and must not be used for unsolicited marketing.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance, server issues, or circumstances beyond our control may result in temporary unavailability. We will make reasonable efforts to notify you of planned downtime in advance.
We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, misrepresentation of artwork or artist relationships, or any other reason we deem necessary to protect the integrity of the Service or the safety of other users and artists. Account termination for cause - including but not limited to violations described in Section 6 - will result in permanent termination without refund. You may cancel your subscription at any time through your account settings or by contacting us.
To the maximum extent permitted by law, Ignite Websites Marketing and Graphic Design, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service, including but not limited to lost revenue, lost data, uncollected payments, or business interruption. Our total liability to you for any claims arising under these Terms shall not exceed the amount you paid us in the 90 days preceding the claim.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free or that defects will be corrected.
These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Denver, Colorado.
We may update these Terms at any time. We will notify you of material changes by email or by posting a notice on the Service. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
Questions about these Terms may be directed to:
Ignite Websites Marketing and Graphic Design, Inc. (QuRated.art)
[email protected]