Last Updated: Feb. 28, 2023
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “ArtCall.org”, “ArtCall™”, “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party” refers to either the Client or Us, “Parties” refers to both the Client and Us.
We are committed to protecting your privacy. Only authorized employees within The Company on a need to know basis use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
We will not sell, share, or rent Your personal information to any third party. Any emails sent by The Company will only be in connection with the provision of agreed services and products and properties owned by Ballyhoo LLC. All users registered to any call register an ArtCall™ account. We reserve the right to contact & market direcly to all users who use ArtCall™'s platform for support, promotional, marketing, and other related events.
We own all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not to use or copy any part thereof without our express permission. All individual call postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) You and your respective users upload, retain the original copyrights said "content" creators have. The Company makes no claim on "content" and cannot use said "content" for any manner without consent of the Client and or users. The Company nor the Client shall not be held responsible for third party claims that use of The Company's products and services violate or infringe such third party intellectual property rights.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, The Company:
The Company will provide 100% refund on call related dues if refund is requested within 15 days of original purchase. Refunds will not be granted after 15 days of original purchase. If Clients collect fees from their respective users for user registration payments, user submission payments, booth payments, buyer payments, or any additional call related fees, each unique credit card transaction will be subject to our credit card processing fees. These fees are auto-deducted before user payments are distributed into the Clients Stripe Account. These fees include Stripes processing fees and are the total fee associated with each transaction. The following table shows the current fee structure associated with different types of payments.
| Payment Types | Processing Fee Amount |
|---|---|
|
Registration Payments Submission Payments |
$0.89 + 4.9% |
|
Booth Payments Buyer Payments Custom User Payments |
$0.89 + 3.4% |
| Prepaid Shipping Labels | $0.50 per label |
The Company does not collect or maintain any credit card data on our servers for any transactions that occur. We use an industry standard third party billing and processing agent Stripe for all credit card related transactions. This ensures that the user data is kept safe and secure at all times. In addition, all URL's and processes on The Companies website are protected by SSL encryption, adding an additional layer of security. Clients wishing to charge fees related to their call must create a Stripe account. This enables to Client to have their business name on the Credit Card statement, as well as issue refunds & request direct payment to associated bank accounts. Details on setting up Stripe so are found within your Administration Dashboard.
The Company enables publishing and selling of user submissions via 2 methods. 1) Public Web Gallery - any visitor of your public web gallery can purchase submissions. 2) Managed selling - the 'attendant' user role can sell submissions and manage buyers/payments. Both of these options allow for an optional Shipping Module enabled, allowing for live rate quotes, prepaid shipping labels, package tracking numbers, and insurance. The Company enables these features through ShipEngine API and ShipInsurance. Clients who use and enable the shipping module are subject and agree to the ShipEngine terms of service and Shipsurance terms of service The Company will not be held liable for any lost, damaged, stolen, or any other shipping and or buyer purchasing related claims as a result of enabling public or managed submission purchasing. Clients are responsible for validating legitimacy of buyer purchases before shipping artwork.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within The Company on a need-to-know basis. Except as required by law, any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.
Like most interactive web sites The Company’s website [or ISP] uses cookies to enable Us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
If You create a link to a page of this website, You do so at Your own risk and the exclusions and limitations set out in this document will apply to Your use of this website by linking to it.
We do not monitor or review the content of other parties’ websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Us and We should not be regarded as the publisher of such opinions or material. Please be aware that We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.
The Company will store and maintain all data associated with calls conducted the Company for one full year from the time of call activation. After one year of elapsed time the call site will go into 'Archive Mode' where read-only access is granted with an active Master Site License. Without an active Master Site License, after one year of elapsed time the Company reserves the right to remove all call data and associated user contributed data. Master Site License enables indefinite access to past call data. All call textual data is backed up every 3 hours in case of a database failure
The Company subscribes all new registered users to a newsletter. Newsletter frequency varies in frequency, but is typically sent once per month. Newsletters contain opportunities of upcoming calls for entry for artists and additional Company promotional and marketing content. Users can unsubscribe to newsletters via one-click un-subscription link in any newsletter email and can update their newsletter subscription preferences when logging in to their ArtCall.org accounts.
A Master Site License gives the Client access to all current and past calls and allows indefinite access and usage of call sites. Clients with Master Site License data access never expires so long as Master Site License is maintained and current. See 'Master Site' tab to see all of the additional benefits, features, & pricing included with active Master Site subscriptions.
The Company shall not be liable to the Client for any delay or failure to perform any obligation under these terms and conditions which is due to an event beyond the control of such Party including but not limited to any Act of God (or other imaginary entity), terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of the control of such Party, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with these terms and conditions where it remains possible to do so.
Failure of either Party to insist upon strict performance of any provision of these terms and conditions or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations hereunder. No waiver of any of the provisions of these terms and conditions shall be effective unless it is expressly stated to be such and signed by both Parties.
By accessing this website You consent to these terms and conditions and to the exclusive jurisdiction of the United States of America courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of The Company to enforce any of the provisions set out in these Terms and Conditions, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of The Company. The Company retains the right to refuse or terminate services to the Client for any reason.
The Company provides end-users with full control over their data, including what data is retained and what data is deleted. End users can request all or part of their data to be deleted by sending a contact message via the 'Contact Us' web form. Data removal can take up to 7 business days from time of request and cannot be restored after purge request is completed.
The Company reserves the right to change these conditions from time to time as it sees fit and Your continued use of the site will signify Your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, We will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how We use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis, as changes will be posted and regularly updated.
These terms and conditions form part of the Agreement between the Client and Ourselves. Your accessing of this website and/or undertaking of a Service Agreement indicates Your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.