About Urban Art Space UAS
UAS is a specialist marketplace that allows users to offer, sell, buy and trade street and urban art.
UAS does not have possession of anything listed or sold through UAS and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller, or traders.
UAS has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using UAS – WHAT YOU CAN AND CANNOT DO
• To use UAS you must be 18 years of age or over;
• You must register as a member of the site to be able to buy, sell or trade items of street and urban art;
• You will be asked to supply personal information such as your full name, email address, date of birth when registering as a member of the site;
• You must be able to form legally binding contracts;
• You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
• You may not open more than one membership account;
• You may not provide your telephone number or email address to another member via our messaging service;
• You must not provide another member with photographs of the art you are selling or trading outside the UAS site;
• You must not breach or circumvent any laws, third party rights or our systems or policies;
• You must not sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• You must not fail to pay for items purchased by you, unless you have a valid reason for doing so such as the seller has materially changed the item’s description after you have purchased or traded the item, a clear typographical error is made, or you cannot contact the seller;
• You must not fail to deliver items sold by you, unless you have a valid reason for doing so;
• You must not manipulate the price of any item or interfere with any other user’s listings;
• You must not post false, inaccurate, misleading, defamatory, or libellous content;
• You must not take any action that may undermine the Feedback or ratings systems;
• You must not transfer your membership of UAS and user ID to another party without our consent;
• You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• You must not use the contact information of other members for any purpose other than in relation to a specific transaction;
• You must not distribute viruses or any other technologies that may harm UAS, or the interests or property of members;
• You must not infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to UAS. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eBay or someone else;
• You must not infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• You must not harvest or otherwise collect information about members, such as email addresses, without their consent;
• You must not circumvent any technical measures we use to provide the Services;
• We may cancel unconfirmed membership accounts or accounts that have been inactive for a long time or modify or discontinue our Services;
• We reserve the right to suspend, or terminate your membership account and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel , remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
A) we think that you are creating problems or possible legal liabilities;
B) we think that such restrictions will improve the security of other members;
C) we think that you are infringing the rights of third parties;
D) we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
E) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
We only charge fees for the number of photographs placed with the listing, which are currently charged at £1.20 per photograph. We reserve the right to change our fees or introduce new fees from time to time by posting the changes on our site or via the messaging section.
We reserve the right to charge you for any photographs you send to another member using the functionality of the site or the services we provide.
You may close your account at any time.
The escrow service we provide is subject to separate terms and conditions of business supplied by Mango Pay which can be accessed here. None of those terms and conditions of business affect the validity or amend the terms of this USER AGREEMENT.
When listing an item, you agree and are responsible to comply with the rules for listing which are as follows:
• you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
• your listing may not be immediately searchable by keyword or category for up to 24 hours;
• content that violates any of our policies may be modified, obfuscated or deleted at our discretion;
• we may revise data in the product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
• where your listing appears in search and browse, results may be based on certain factors such as title, keywords and price;
• Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results.
When buying an item, you agree to comply with the rules for buyers and that:
• you are responsible for reading the full item listing before making a commitment to buy;
• you enter into a legally binding contract to purchase an item when you commit to buy an item.
International buying, selling and trading
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover.
Members are solely responsible for arranging the secure packing and delivery of any items of art they buy, sell or trade. We recommend that the method of delivery is agreed in advance, and the method is by way of a tracked and signed for service that can be proven in the event that a dispute arises in the future.
We try to keep UAS and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
• your use of or your inability to use our Services;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of our Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach by you of our membership;
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our members, member verification on the internet is difficult. UAS cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
If a dispute arises between you and another member, or between you and us; we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will try to resolve the dispute through alternative dispute resolution procedures and will involve a Solicitor Mediator qualified in England and Wales to assist with the resolution.
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and UAS both agree to submit to the non-exclusive jurisdiction of the English Courts.
“Non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us or another member in Court, an acceptable court would be a court located in England and Wales. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the messaging service of our website.
This User Agreement may not be otherwise amended except through mutual agreement by you and an UAS representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on our site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.