Listing Works on the Services

For Artists, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art that were created by another artist. You may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Yikuo Art with all the information requested by Yikuo Art and you must comply with any other Yikuo Art requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Yikuo Art with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Yikuo Art’s then-current listings content guidelines. Yikuo Art reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords, and price.

You acknowledge that Yikuo Art reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Services – please see below for instructions.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Yikuo Art the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Services nor Yikuo Art’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant Yikuo Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Saatchi Art, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service.

If you submit listings for Digital Works, you hereby grant Yikuo Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Yikuo Art and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Yikuo Art may appoint one or more third-party subcontractors, who may exercise the license rights above for the purpose of enabling Yikuo Art to process and fulfill orders for Printed Works.

If an Original Work of Art and/or Printed Works are sold via a third-party website, the terms and conditions of the third-party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Yikuo Art, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.

Yikuo Art and/or its third-party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Yikuo Art’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Yikuo Art and the third party website or Yikuo Art’s Offline Sales partner, as applicable, to Yikuo Art and share related shipping information, including the contact details of the purchaser where necessary, with Yikuo Art.

For Original Works of Art only, Yikuo Art will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Yikuo Art you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Yikuo Art will provide you with information regarding its preferred shippers with which Yikuo Art maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be canceled. If you ship the purchased Original Work of Art via a Yikuo Art preferred shipper account, Yikuo Art will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions, and shipping address to Yikuo, if you are using a Yikuo Art, preferred shipper. If actual shipping weight, shipping dimensions, and shipping origination information at the time of shipment varies from the information provided by you, Yikuo Art (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Yikuo Art preferred shipper or if you pay for the cost of shipping yourself, Yikuo Art will reimburse you for the amount you paid for shipping, up to the amount that Yikuo Art or the third party website charged the purchaser for shipping.

For sales of Original Works of Art via the Online Sales channels, Yikuo Art will credit your account in an amount to be determined in accordance with Yikuo Art’s then-current standard pricing and revenue share terms(the “Artist Revenue Share”); for sales of Original Works of Art via the Services, subject to Yikuo Art’s receipt of confirmation of delivery to the purchaser, Yikuo Art will credit your account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, Yikuo Art will credit your account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third-party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Yikuo Art, in its sole discretion.

You agree to comply with the terms and conditions of Yikuo Art’s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Services.

You will have the right to request Yikuo Art to remit the Artist Revenue Share in your Account in accordance with a Yikuo Art-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Yikuo Art will remit to you the remaining balance of Artist Revenue Shares in your Account.

If you want to remove a listing for a Digital Work from the Services,（please tell us or email at email:[email protected]）, the license rights granted by you to Yikuo Art with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Yikuo Art and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Yikuo Art or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Yikuo Art with respect to using such Digital Work to promote Yikuo Art, the Services will remain in full force and effect for only as long as necessary for Yikuo Art to fulfill any current obligations that require using the Digital Work for such promotional purposes.