terms of use
Last Updated/Effective Date: May 17, 2023
These Terms of Use (“Terms”) govern your access to and use of the curciart.com website (“Site”), made available to you by The Curci Art Company (“CurciArt,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
  1. Privacy Policy
      We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Site.
  2. Commercial Terms
      If you use our Site as an artist/seller, art purchaser, or art critic, the Commercial Terms set forth below will also apply.
  3. Content
      The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the "Content") are exclusively the property of Curci Art or, as applicable, its vendors or its licensors. Except for the rights expressly granted to you in the next section, Curci Art reserves all other rights in and to the Site and Content, including all intellectual property rights.
  4. License
      By posting any of your Content on the Site, including but not limited to, images of your artwork, you grant Curci Art a non-exclusive license to display such Content on the Site.
  5. Use Rights
      You may only use the Site or Content for your personal, non-exclusive use so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by Curci Art.
  6. Accounts
      You have the option to create and use a Stitch account made available to through the Site ("Account"). You are responsible for all activities that occur under your Account. You are responsible for keeping your password and any other verification information used to sign-in to your Account confidential. Do not share your Account or passwords with any other person. Each person using an Account must use their own separate log-in information. Do not access or attempt to access any Account that is not yours. If you believe that your Account has been compromised, you must immediately contact us. We may disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Be careful when accessing your Account on a shared computer, public computer or over an unsecured connection because that increases the risk of fraudulent activity.
  7. Validation of Critics
      If you wish to become an art critic on the Site, you will be required to go through our validation process prior to being able to set up an Account as a critic, including providing us a copy of your educational transcripts. After you have completed the validation process, you will be able to create an Account and set up your profile.
  8. Use of Marks
      Curci Art owns certain trademarks, names, logos, insignia, or service marks ("Marks"). You do not have the right to use any Marks except as expressly agreed to in writing by Curci Art. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those thirdparty marks or materials without such third-party's consent.
  9. Intellectual Property Rights
      The Site and its Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Curci Art, the artists on the Site, or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
  10. Compliance with Laws
      In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
  11. Children's Information
      This Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using this Site.
  12. Restrictions on Your Use of the Site
      • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Curci Art's prior written consent.
      • You will not use the Site for unlawful purposes.
      • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
      • You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
      • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
      • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
      • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
      • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
      • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
      • You may not engage in any conduct while using the Site that Curci Art considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
  13. Feedback and Other Content Submitted By You
      If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
  14. Social Media
      Links to Curci Art's social media pages (e.g., Instagram, Twitter, or Medium) are included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Curci Art's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
  15. No warranty
      THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURCI ART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
      CURCI ART MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. CURCI ART DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. CURCI ART DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
      WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
  16. Limitation of liability
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURCI ART OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “CURCI ART PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A CURCI ART PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
      YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
      WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CURCI ART PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU..
  17. Indemnification
      YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CURCI ART PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
  18. Third-Party Websites and Content
      The Site may link to, or be linked to, websites not maintained or controlled by Curci Art. Those links are provided as a convenience to the visitors of our Site. Curci Art is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Curci Art does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.
      The Site also contains certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that Curci Art has reviewed the third-party Content or that there is any association between Curci Art and any third party. You access third-party Content at your sole risk. Curci Art has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
  19. Linking to the Site
      You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of Curci Art. If Curci Art grants you a right to link to this Site, certain terms may apply, and Curci Art reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Curci Art in enforcing its rights under this Section.
  20. Use in the United States
      This Site is intended for use in the United States only. We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk.
      THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS CURCI ART OR THE CURCI ART PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
  21. Termination
      If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Curci Art may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Curci Art shall not be liable to you or anyone else for any damages arising from or related to Curci Art's suspension or termination of your access to the Site or the Content, or in the event Curci Art modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
  22. Site Unavailability
      Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
  23. Cooperation with Law Enforcement
      Curci Art will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD CURCI ART AND THE CURCI ART PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
  24. Disputes
      These Terms, and your access to and use of the Site, are governed by the laws of the State of Illinois, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Chicago, Illinois. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
  25. Terms Applicable to New Jersey Customers
      No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Curci Art reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
  26. Assignment
      We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Curci Art's successors and assigns.
  27. Entire Agreement
      These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Curci Art with respect to your access to and use of the Site. In the event of a conflict between these Terms and our Privacy Policy, our Privacy Policy will control.
  28. Waiver
      Curci Art's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Curci Art.
  29. Severability
      If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
  30. Electronic Communications
      These Terms and any other documentation, agreements, notices, or communications between you and Curci Art may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
  31. Contact Us
      Please direct any questions and concerns regarding these Terms to us at:
      The Curci Art Company
      1310 Lathrop Avenue
      River Forest, Illinois 60305
      contact@curciart.com
Commercial Terms for Artists/Sellers, Art Purchasers, and Critics
  1. Artists/Sellers This Section 1 applies to you if you use the Site as an artist/seller.
    1. Commission.
      You will be charged a commission on sales of your artwork equal to 25% (“Commission”). For example, if you sell a $1,000 artwork the amount collected by Curci Art is $250 or 25%.
    2. Packaging and Packing.
      You are solely responsible for all packaging and packing costs. Where a buyer selects our Self Ship shipping option, you will receive a shipping label and instructions for properly packing artwork from our logistics provider, and you will be responsible for taking the artwork to FedEx or UPS for shipment. If a purchaser selects White Glove shipping service during checkout, a courier will be sent to your home to professionally pack and pick up the artwork.
    3. Payouts & Tax Forms.
      When you register with us, you will be required to set up a Stripe account in order to receive payments for your artworks sales. Payouts for what you sold during the current month will be available on the 28th. Funds from incomplete artwork sales whose twenty-four (24) hour cancellation policy has not expired will be available on the next payout date of the subsequent month. Additionally, you must fill out appropriate tax forms prior to any amounts being paid, which are as follows:
      • For an artist/seller living within the United States, an IRS W-9 Tax Form must be filled out.
    4. Lifetime Royalties.
      You are entitled to payments for a twenty-five (25) year period following the initial sale of artwork (“Lifetime Royalties”). The foregoing shall not apply in the event Curci Art files for bankruptcy or becomes insolvent prior to the expiration of the Lifetime Royalty period. Lifetime Royalties are only available for artwork resold on the Site by the current owner of record. You are not entitled to receive Lifetime Royalties from Curci Art for artwork resold outside of the Site. Lifetime Royalties will not be available for artwork sold via guest checkout.
    5. Resales.
      Curci Art will charge a flat seller fee in accordance with the below schedule:
      Price of Artwork Seller Fee
      $100,000 or less 10%
      $100,001 - $1,000,000 8%
      Greater than $1,000,000 6%
      Profit minus applicable transaction costs will be split on a 50/50 basis between Curci Art and you. Resellers will be paid when the artwork is sold and its twenty-four (24) hour cancellation policy has expired. See Section 2(iv) below for additional information about Curci Art’s cancellation policy.
    6. Sales Tax & Use Tax.
      Curci Art reserves the right to collect and remit sales and/or use tax subject to applicable marketplace facilitator laws.
    7. Discounts.
      Curci Art may occasionally offer your artwork at a discount to purchasers. Whenever a discount is applied your Commission will be calculated according to the sales in a given order, not the listed retail value of the artwork sold. For example, if you list $100 artwork for sale, and it subsequently sells at a ten percent (10%) discount, a 25% commission will be calculated over the $90 sold, not the original $100 list price.
    8. Critiques.
      You will be charged for costs incurred from critiques of your artwork. Critique costs are limited to 5% of an artwork’s retail value.
  2. Art Purchasers This Section 2 applies to you if you purchase artwork through our Site.
    1. Shipping.
      You are responsible for paying all shipping costs, which are calculated at checkout and charged separately from any purchased artwork. Shipping costs will vary depending on the purchased artwork.
    2. Payment Methods.
      Payment for artwork valued at less than $10,000 must be made by credit card, debit card or bank wire transfer. Payment for artwork valued at $10,000 or more must be made via bank wire transfer. No debit or credit card payments are permitted for artwork valued at $10,000 or more.
    3. Return Policy.
      All sales of artwork are considered finalized after the twenty-four (24) hour cancellation period, and are non-returnable.
    4. Order Cancellations.
      You must submit a cancellation request via phone or e-mail within twenty-four (24) hours of your purchase. If we receive your request within twenty-four (24) hours we will process a full refund for the purchase. If you request cancellation after the twentyfour (24) hour window, you will not be eligible for a refund from order cancellation.
    5. Repairs & Damages.
      All eligible requests for a refund due to damage must be submitted to Curci Art within seven (7) days of delivery. In the event you request a refund due to damage, you must provide photos of the damage and packaging, as well as any additional information Curci Art may request. Curci Art will determine whether the damaged artwork can be repaired, and in the event the artwork cannot be repaired, Curci Art will process and issue a refund contingent on making a successful insurance claim with our logistics provider. Refunds due to damage will be processed once a successful insurance claim has been made.
  3. Art Critics This Section 3 applies to you if you use the Site as an art critic.
    1. Critique Qualifications.
      All critiques must include a minimum of 950 characters and a maximum of 1900 characters. Spaces, letters, numbers, and symbols count as characters.
    2. Payouts and Payment.
      When you register with us as an art critic, you will be required to set up a Stripe account in order to receive payments for your critiques. Art critics with a Bachelor of Arts degree in art history or curatorial studies shall be paid $19 per critique. Art critics with a Master of Arts degree in art history in curatorial studies shall be paid $23 per critique. Art critics with a PhD in art history or curatorial studies shall be paid $29 per critique. All critics shall be paid when the critiqued artwork is sold and the twenty-four (24) hour cancellation policy (see Section 2(iv) above) has expired.