Preamble

ToningDrum is pleased to offer you an opportunity to advertise your artwork on our platform free of charge. This is a great chance for you to showcase your talent to a wider audience and potentially increase your sales. We do require a commission on any sales that result from your advertisement on our site. This commission will be agreed upon beforehand and separately by email between the Artist and ToningDrum and will be deducted before payment is made to you.

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By advertising on ToningDrum, you agree to the following terms and conditions:

1. You are the legal owner of the artwork you are advertising, and you have the right to sell it.

2. You will provide accurate and complete information about your artwork, including a description, photographs, and pricing.

3. You will promptly respond to any inquiries or orders from potential buyers.

4. You agree to ship the artwork to the buyer in a timely manner and in the condition described in your advertisement.

5. You agree to pay ToningDrum the agreed-upon commission on any sales resulting from your advertisement on our site.

6. You will indemnify and hold ToningDrum harmless from any claims, damages, or expenses arising from your advertisement or the sale of your artwork on our site.

 

We reserve the right to remove any advertisement that violates these terms and conditions or for any other reason at our sole discretion. Thank you for considering ToningDrum as a platform to advertise your artwork. We look forward to working with you and helping you to achieve success in your art sales.

          

The Agreement

This agreement (the "Agreement") is made and entered into by and between [ToningDrum] ("Company") and the artist ("Artist"), collectively referred to as the "Parties".​

Scope of Agreement

1. This Agreement shall govern the relationship between the Parties with respect to the advertisement and sale of the Artist's artwork on the Company's website.

Advertising

1. The Artist may advertise their artwork on the Company's website free of charge. The Artist agrees to provide accurate and complete information about their artwork, including a description, photographs, and pricing. The Artist agrees to promptly respond to any inquiries or orders from potential buyers.

Sale of Artwork

1. The Company will facilitate the sale of the Artist's artwork on its website. The Company will collect payment from the buyer and deduct the agreed-upon commission before remitting the balance to the Artist.

Artwork Limitations 

1. The artist will be allowed to advertise up to 5 pieces of artwork on ToningDrum's website free of charge. Any additional artwork will be subject to negotiation between the artist and the company, including the commission rate and any other terms and conditions.

Commission

1. The commission rate for artwork sold on the Company's website shall be agreed upon separately by email between the Artist and the company at the time of placing the artwork. 

Payment

1. The Company agrees to pay the Artist the agreed-upon commission for any artwork sold on the Company's website within 30 days of receipt of payment from the buyer.

Ownership

1. The Artist represents and warrants that they are the legal owner of the artwork they are advertising, and that they have the right to sell it. The Artist agrees to indemnify and hold the Company harmless from any claims, damages, or expenses arising from the sale of the artwork on the Company's website.

Shipping

1. The Artist agrees to ship the artwork to the buyer in a timely manner and in the condition described in their advertisement. The Artist is solely responsible for packaging and handling their artwork ready for shipping. 

Termination

1. Either party may terminate this Agreement upon written notice to the other party. Upon termination of this Agreement, any advertisement of the Artist's artwork on the Company's website will be removed.

Force Majeure

1. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, fires, floods, or other natural disasters.

Governing Law

1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located.

Dispute Resolution

1. Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the rules of the company's jurisdiction of registration, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notices

1. Any notice or other communication required or permitted hereunder shall be in writing and shall be deemed to have been given when delivered personally or by overnight courier or sent by email to the address of the other party as set forth below:

Entire Agreement

1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the Parties.

Amendments

1. This Agreement may only be amended in writing and signed by both Parties.

2. Assignment

3. The Artist may not assign this Agreement without the prior written consent of the Company.

Counterparts

1. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Submitting

1. By submitting an advertisement to the company's website, the Advertiser acknowledges that they have read and understand the terms of this Agreement and agree to be bound by its provisions. The advertiser further represents and warrants that all information provided in their advertisement is accurate and truthful to the best of their knowledge.