Terms and Conditions
Last Modified March 15, 2019

  • 1. General

    Your use of the artgoobi.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

    Artgoobi reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

  • 2. Rights to Contents and Intellectual Property

    The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Artgoobi, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Artgoobi. Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Artgoobi or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Artgoobi or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

  • 3. Use of this Website

    Artgoobi maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Artgoobi's express written consent. All rights not expressly granted here are reserved to Artgoobi. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

  • 4. No Warranties

    Artgoobi DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. Artgoobi assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

  • 5. Limitation of Liability

    In no event shall Artgoobi, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

  • 6. Indemnification

    You agree to defend, indemnify and hold Artgoobi harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

  • 7. Additional Terms and Conditions

    Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

  • 8. Communications with this Website

    You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Artgoobi will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Artgoobi cannot prevent the harvesting of information from this Website, and You may be contacted by Artgoobi or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Artgoobi, may or may not be posted to this Website at the sole discretion of Artgoobi and may be used by Artgoobi or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Artgoobi is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Artgoobi without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Artgoobi may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Artgoobi is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Artgoobi assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

  • 9. Notice and Procedure for Making GoB Claims of Copyright Infringement

    If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Head Office:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A detailed description of the copyright work that You claim has been infringed;
    3. A description of precisely where the material that You claim is being infringed is located on the Website;
    4. Your address, telephone number, and email address;
    5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
  • 10. Artgoobi's address for Notice is:

    1/1, Block D, Lalmatia, Dhaka 1207, Bangladesh

  • We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Adviser. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
    4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Local Court for the judicial district in which Your physical address is located, or if Your physical address is outside of Bangladesh, for any judicial district in which Artgoobi may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

    Artgoobi may terminate user accounts that have been the subject of notification under the Copy Right Act, 2000 (CRA). In the event a user's materials are removed due to a CRA notice and then subsequently restored due to the filing of a CRA counter-notification, Artgoobi will treat the underlying CRA notice as withdrawn. Artgoobi reserves the right to terminate user accounts that are the subject of fewer than five (5) CRA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding Artgoobi's Terms of Service.

  • 11. Termination

    At its sole discretion, Artgoobi may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

  • 12. Unaffiliated Products and Websites

    Descriptions of, or references to, products, publications or Websites not owned by Artgoobi or its affiliates do not imply endorsement of that product, publication, or Website. Artgoobi has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

  • 13. Linking Policy

    This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Artgoobi. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. Artgoobi does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Artgoobi does not endorse the content, or any products or services available, on such web sites.

  • 14. Artgoobi’s Service

    1. With your account as an artist or art collector—
      1. You can upload artwork-image(s) for archive and sale
      2. You can purchase artworks
      3. You can share content(s) of artgoobi on social media
      4. You can add art relevant event to Event Calendar
      5. You can write an article on Artgoobi Journal
      6. You can let people know about yourself
      7. You can publish write-ups and news links on your profile
      8. You can donate image(s) to other profile with permission
      9. Publish Advertisements
    2. With your account as an artist or art collector—
      1. You can purchase artworks
      2. You can add any event to Event Calendar
      3. You can share any content(s) of artgoobi on social media
      4. You can write an article on Artgoobi Journal
      5. You can donate image(s) to other profile with permission
  • 15. Image Upload and Removal

    Artgoobi Initiatives is provided a fare place for artists, art collectors, art-appreciators through ‘artgoobi.com’ and requested to follow the guidelines stated below--

    1. You can upload image(s) of artwork, only produced or owned by you.
    2. You must have proper permission of contents of your artwork(s)
    3. You must fill mandatory fields of information regarding the image.
    4. You must be very careful about copyright. Make sure that you are not uploading any copy work or fake art.
    5. Only you will be responsible about artwork’s content and subject, which you uploaded.
    6. Make sure that the subject and content of image(s) uploaded by you does not violating or conflicting with any law(s) of the Peoples' Republic of Bangladesh.
    7. Make sure that you are not uploading any image(s) depicting or reflecting any humiliation to the modesty of children or women, dignity of community, religion or social ego, with its subject and content.
    8. Make sure that you are not uploading any image(s) promoting pornography, extremism, crime, violence or terrorism, with its subject and content.
    9. Only you will be responsible to face any legal action or claim for copyright violation for image(s) uploaded by you.
    10. You may need Artgoobi’s approval to upload image(s).
    11. Artgoobi will be authorized to remove any image(s) from your profile any time.
    12. You may remove any image(s) from your profile any time.
  • 16. Report and Claim

    1. Only you will be responsible to defend yourself for any report or claim against image(s) uploaded by you.
    2. Artgoobi will monitor this mediation and ask you to present clarification, argument and proof within time.
    3. If you fail to present any satisfactory clarification or proof within time and, Artgoobi may:
    4. Take disciplinary action by close/freezing your profile or remove image(s)
    5. Take legal action for any falsification.
  • 17. Art Sale

    1. You will be liable to deliver original artwork(s), not different than its image you uploaded for sale before, to the designated place through designated method within 15 days from email notification.
    2. You may ask for time extension in written within 7 days from email notification.
    3. You must sign a MoU with Artgoobi at this stage.
    4. Artgoobi will pay you the price of the artwork only after the collector receipt and satisfaction.
    5. If collector returns your artwork, Artgoobi will not pay you for its price. You will collect the artwork from designated place within time with the same condition as you delivered. You may get compensation, which will be subject to insurance, for any damage of your artwork if applicable.
    6. Artgoobi will deduct a total of 15% of artwork’s price as service charge.
    7. Artgoobi will deduct VAT and taxes (if applicable) from your payment as par GoB’s rule and deposit towards concern authority in favor of you. Artgoobi will provide you the tax receipt anytime on your demand.
    8. For any purchase process other than Artgoobi’s mediation, Artgoobi will no longer be responsible about your payment and VAT or taxes.
  • 18. Art Purchase

    1. You can purchase any artwork from and through artgoobi.com presented for sale
      1. You have to send a purchase request through designated method
      2. You have to pay the price (and shipment charge if applicable) online through designated guaranteed method. You may get ‘cash on delivery’ service within Bangladesh
      3. You will receive artwork and authorization certificate trough reliable method
      4. After your satisfactory confirmation artgoobi.com will pay the artist and taxes. At this stage the purchase process will be completed.
      5. Artgoobi will be liable to pay any taxes.
      6. You may cancel purchase request any time before shipment and get you payment back equally. You may get your payment back with deduction of shipment charge (if any) after we receive the artwork you sent back to artgoobi.com with no damage.
    2. You may contact the artist (or owner) via email and purchase from them directly. In this purchase process artgoobi.com will no longer been responsible for any:
      1. Falsification or cheating
      2. Standard assurance
      3. Money guarantee
      4. Certification or authorization
      5. Tax payment
  • 19. Admin Control

    1. Artgoobi admin will reserve all rights to take any decision
    2. Artgoobi admin will reserve all rights to permit any kind of content before published on artgoobi.com
    3. Artgoobi admin will reserve all rights to remove or filter any content(s) of any profile on artgoobi.com even without showing any clarification.
    4. Artgoobi admin will reserve all rights to apply any disciplinary action as service prohibition, suspension or termination on any profile.