Bluethumb Membership Agreement
Bluethumb acts as a service provider for Artists looking to sell their artwork, and those individuals interested in purchasing artwork, through an online gallery. At this point in time, Bluethumb only services the Australian community. This site is operated by Bluethumb, whose operations are based in the state of Queensland, Australia.
Before you may become a member of the Bluethumb website you must read, agree with and accept all of the Terms and Conditions contained in this Membership Agreement and Bluethumb's policies, including its Privacy and Security Policy, Shipping Policy, and Refunds and Returns Policy. These policies change from time to time, and you agree that they form part of this Membership Agreement.
Bluethumb reserves the right, at its absolute discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon publishing on the website (www.bluethumb.com.au). Your continued use of the membership sections of the Bluethumb website after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Bluethumb. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership sections of the Bluethumb website.
Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Membership Agreement, including all policies. You must familiarise yourself with and comply with the policies relevant to your use of the Bluethumb website and the services provided under this Membership Agreement (as may be amended from time to time).
If you do not agree to accept and abide by this Membership Agreement, you should not access or use the membership sections of the Bluethumb website. In the event of any inconsistency between this Membership Agreement and the Terms and Conditions of Use, the terms of this Membership Agreement shall govern.
This Membership Agreement is separated into three sections:
Terms & Conditions of Agreement
Contact & Acknowledgement
|Artist||Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Bluethumb website.|
|Purchaser||Purchaser is defined as the person who has made a purchase on the Bluethumb website through an online payment.|
|Member||Member is defined as any person who has created an account on the Bluethumb website, whether they are an Artist or a Purchaser.|
|User||User is defined as any person, member or not, who browses or uses the Bluethumb website for any purpose.|
|Content||Content is defined as data, text, images, user names, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Bluethumb or a member of the website.|
|Artwork||Artwork is defined as any piece of original work that is offered for sale on, or sold via the website.|
|Copyright||Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.|
|Original||Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints (photography and electronically altered works must be approved by Bluethumb before listing) must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.|
|ICIP Rights||ICIP Rights refer to Indigenous peoples' rights to their cultural heritage, which includes songs, music, dances, stories, ceremonies, symbols, languages and designs.|
|Service Region:||Bluethumb services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia.|
|Governing Law:||This agreement is governed by the laws of Queensland and the parties submit to the jurisdiction of the courts of that State.|
|Age and Responsibility:||The user represents and warrants that they are of sufficient legal age to use the Bluethumb website and to create binding legal obligations for any liability they may incur as a result of the use of the Bluethumb website. The user agrees to be responsible for all of their use of the Bluethumb website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account. The user agrees that they reside in Australia. Bluethumb is an online art gallery, you will need access to a desktop, laptop or mobile devise with internet cabailities to use the site and our service.|
All members must always provide and maintain valid and complete contact details, including name, billing and delivery addresses, contact information and a valid email address.
The Artist is responsible for ensuring that their bank account details or Pay-to and address details (where paid by cheque) remain current in their Bluethumb account, so that payment can be processed to them on the sale of their work.
|Password:||All members agree that they will not disclose their password to any other party, and will ensure that their password is safe and protected. Bluethumb does not take responsibility for any loss caused by the misuse of accounts due to password sharing or inappropriate storage of passwords.|
|Unauthorised Use:||The Bluethumb website must not be used for any illegal or un-authorised purpose. The Bluethumb website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from Bluethumb.|
Bluethumb aims to promote hand-made, original artworks and only allows digitised or electronically produced or enhanced mediums, such as photographs or other works created and/or modified by a computer, on a discretionary basis.
Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc. Textiles, craft, jewellery etc. are generally not accepted but may be at the discretion of Bluethumb. Contact us if your art falls in the latter categories.
Artists wanting to list photography, sculpture or digital art must apply here for approval.
Digital Art Requirements
If artworks are framed, they must be packaged extremely carefully and labeled as fragile. Artworks must be photographed as framed if they are framed, or unframed if they are not.
Users posting content on the Bluethumb site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
Bluethumb does not accept AI generated art for sale.
|Resale Royalty Rights Scheme:||Bluethumb will provide the collecting organisation nominated by the Australian Government any necessary information required under the Resale Royalty Rights Scheme for all applicable sales of artwork made via the Bluethumb website.|
|ICIP Rights:||If the Artist intends to sell and therefore post an artwork that incorporates, is sourced from or refers to Indigenous objects, knowledge or works, ICIP Rights should be considered. Permission should be obtained from the traditional owners of the Indigenous heritage before using Indigenous objects, knowledge or works. The traditional owners should be consulted on how the community should be attributed, and given the opportunity to approve the way in which the content is used.|
|License to Reproduce:||By posting an artwork on the Bluethumb website, the Artist gives Bluethumb license to use the image of the artwork throughout the Bluethumb website wherever Bluethumb deems fit.|
For taxation purposes only, Bluethumb acts purely as an agent to the Artist to facilitate the sale of artworks via the Bluethumb website.
Note: The Agency agreement for Artists selected in Bluethumb International marketing campaigns does not apply. Whereby Bluethumb is appointed to sell an Artists artworks overseas accompanied by Bluethumb's online international marketing campaigns a separate legal agreement is entered by both parties whereby;
[a] Bluethumb takes control and ownership of the selected artworks for international sales. Bluethumb will pay a deposit for the selected artworks and complete the payment when either the artwork has sold, and in accordance with standard sales payment timeframes or at the completion of the marketing campaign.
Should the artwork fail to sell within 180 days, Bluethumb at its discretion may complete the purchase by paying the balance owed to the artist (less the deposit) and continuing its efforts to sell the painting, or it may elect to sell the artwork back to the Artist at the same price less the deposit paid effectively forgoing its deposit.
[b] The selected artworks can only be available for sale on Bluethumb during the Interational Marketing campaigns, as Bluethumb is the owner. After 180 days, should Bluethumb sell back the artwork and forgo its deposit, the Artist is permitted to list the artworks elsewhere.
[c] The Artist agrees to deliver the artworks to Bluethumb's appointed gallery, office or warehouse.
***COVID-19 update: due to health requirements, the need for social distancing and compliance with new laws, artists are requested to hold selected artworks at their premises until such time it is safe and they are advised by Bluethumb. Please keep all selected artworks separated from ordinary stock, and tagged as Bluethumb property.
|Exclusivity:||Bluethumb does not demand exclusivity in the sale of an artwork, unless separately negotiated by Bluethumb and the Artist (for example in Bluethumb's International Marketing campaigns). The Artist may attempt to sell their work via other means. However should an artwork be sold via other such means, the artist is required to mark the artwork as sold on Bluethumb immediately to avoid the risk of it being 'sold twice'. The artist has a responsibility to maintain a current profile at all times. Artwork that is listed as available on Bluethumb, may be sold by Bluethumb at any time.|
|Guarantee to Supply:||
Where the duplicate sale of an artwork occurs (e.g. sold via Bluethumb's website at the same time as sold via other means), the Artist must supply the sold artwork to the Bluethumb Purchaser as priority.
Artists are required to log into their account at least once every six months to ensure profile and listing information is accurate and up to date. If artist fail to log in within this period their account may be deactivated.
Prices Sale Practice:
Promotions Dicount Codes:
All prices shown on the Bluethumb website are in Australian Dollars ($AUD). Prices of artworks shown on the Bluethumb website are set by the Artist.
All artwork prices displayed on Bluethumb must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on Bluethumb at a lower price on personal websites, exhibitions, other online galleries marketplaces (including online discounts and sales).
By using Bluethumb, Artists are required to complete all sales on Bluethumb which come from a Bluethumb lead. This includes studio visits as organised by Bluethumb, artist to collector introductions, Bluethumb initiated exhibitions and leads to an Artist directly eg via social media where buyers are known to have discovered the artist via Bluethumb. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises Bluethumb then the artist should direct the buyer to complete the transaction on Bluethumb. All discussions between artists and buyers on Bluethumb (eg direct chat) bind artists to concluding the sale or resulting commission on Bluethumb. In any scenario where the sale concludes off site by accident or deliberately the artist is required to pay Bluethumb the full commission component.
From time to time Bluethumb may run sales, site wide promotions or offer discounts to specific collectors. If your art is sold during a promotion or with a specific discount, this is applied by Bluethumb to your listed artwork of 5, 10 or 15%. These discount are designed to run special campaigns or offers that will generate even more engagement with our buyers and increase your exposure. The discount also allows greater intgration with industry buyers such as interior designers, encouraging them to work with both Bluethumb and artists. If a promotional discount code is redeemed, the discount will be deducted from the total listed price of the artwork and the usual 67/33 split woll then to calculated. This means that you as the artist and Bluethumb will share the discount comparative to the 67/33 commission splt. Note, promotional discounts do not apply to framing, commissions, retrospectively to past orders, or sales using ArtMoney or Bluethumb Layby payment methods.
If the Artist is selling artworks as a registered business in Australia, the Artist will notify Bluethumb as to whether they are registered for GST during the sign-up process. The Artist will provide their ABN (Australian Business Number) and company name. Should these details change, or the Artist ceases to be registered, the Artist must update their account details to reflect the same.
The Artist is responsible for ensuring their record keeping and taxation responsibilities are met. Bluethumb takes no responsibility for the recordkeeping of the Artist. Bluethumb will ensure that a copy of any invoices issued on the Artist's behalf will also be sent to the Artist.
Any Artist registered for GST is responsible for notifying the Australian Taxation Office of the GST made on sales of their artworks. Bluethumb indemnifies the GST registered Artist for any liability for GST and penalty that may arise from an understatement by Bluethumb, on an invoice it issues, of the GST payable on any of the purchases.
|Cancellation of Order:||
Bluethumb may cancel orders at any time if it is believed that the Purchaser or the Artist is in breach of this agreement or any other governing law.
Orders placed on the Bluethumb website cannot be cancelled at any time by the Purchaser or the Artist.
|Third Party Invoicing:||
Bluethumb will invoice the Purchaser of an artwork on behalf of the Artist in all cases. The Artist must not issue a further invoice to the Purchaser.
Bluethumb will charge GST to the Purchaser only when the Artist is registered for GST and has notified Bluethumb of the same.
Artists are responsible for packaging their own artwork. This includes meeting our minimum packaging requirements and any associated costs to do so. Packaging should be professionally and clearly labelled on the outside.
Artworks must be packaged to the minimum specifications outlined below:
If packaging does not meet our minimum packaging requirements, one of the following (or more) scenarios may apply:
In addition to the above minimum packaging requirements, photographs are also required to be taken by the artist of:
The artist is required to hold onto these photographs until the order is finalised and paid out. In the unlikely event your work is damaged or lost in transit, copies of these photographs will be requested by Bluethumb for insurance purposes.
If photographs cannot be provided when requested by the Bluethumb team, your work will not be eligible for an insurance claim. If we can not submit an insurance claim we can not pay you for the work.
As such where possible the work will be returned to you in the original packaging it was sent to the collector in. In damages cases that aren't eligible for insurance claims, Bluethumb will not be liable for any damages in return transit of the artwork to the artist. This does not apply to artists that are self shippers.
Artwork packaging is no bigger than 10cm greater than the artwork listing size. If work is packaged greater than this and additonal fees are incured as a result, Bluethumb may, at its discression, pass on these charges to the artist.
Bluethumb has at its absolute discretion the right to manage freight and artwork delivery including but not limited to; booking, selecting the appropriate carrier and insuring artwork.
Artists may be responsible for covering any additonal fees Bluethumb incurs as a result of the artist providing false or missleading information, or as a result of artist error or change of mind.
Bluethumb will not insure glass frames that are sent by artists. Any damage to the frame or galss will not be covered and will be at the artist expense to repair or replace.
|Payment to Artist:||
Payment to the Artist on sale of their artwork will be made by Bluethumb after a period of eight (8) business days have passed, of the artwork being delivered to the Purchaser. Bluethumb makes every effort to pay the Artist the week following the eight (8) day as quickly as possible where conditions of delivery are met (refer "Delivery of Sold Work" and Refunds and Returns Policy). Once the eight (8) period has passed without a buyer claim (insurance or other) or request for artwork return, the artist will be eligible for payment run in the next week. A minimum of two (2) artist payment runs are done each week.
Bluethumb will pay the Artist all monies collected, including GST where relevant, less a commission fee as defined by the Artist's membership option (refer "Membership"), and less any extra delivery charges incurred due to shipping after five (5) business days since sale (refer "Delivery of Sold Work").
If a refund claim is made by the Purchaser, and accepted by Bluethumb, the Artist will not be paid for the sale of the artwork. The artwork will be returned to the Artist. The Artist will not be liable for freight and administrative costs associated with the original delivery and return of the artwork. A commission will not be applied to refunded and returned artworks. Please refer to the Refunds and Returns Policy for full detail.
All artworks are to be shipped with insurance. All artists must correctly package their artworks, and retain photo evidence of the packaged artwork in order to be covered by insurance. Bluethumb insures all artwork that booked by Bluethumb or where an artist ships via our carriers under our instruction. Claims can only be made for payment by an artist where the artist provides proof of correct artwork packaging (see 'Packaging Artwork') for the damaged item. Artists who are Bluethumb approved designated 'self shippers' send all their own artworks and are responsible for their own insurance. The buyer is protected by insurance at all times.
|Trademark:||The Bluethumb logo is trademarked. Use of the Bluethumb logo is not authorised without express written permission from Bluethumb.|
All content on the Bluethumb website are copyright of either Bluethumb or the Artist. Content must not be downloaded or used without express written permission from Bluethumb, or the Artist where the content is their own work.
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
|Refusal Termination of Service:||
Bluethumb reserves the right to refuse service to anyone at any time and at its absolute discretion. Bluethumb reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Bluethumb may terminate member accounts that have been completely inactive for an extended period of time, as reasonably determined by Bluethumb.
The Artist or Purchaser understands that they may remove their account at any time and that doing so will remove all user-associated content from throughout the entire website.
Bluethumb reserves the right to terminate the Bluethumb service at any time and at its absolute discretion without prior notice. In the unlikely event of this occurring, Bluethumb will make every reasonable effort to close out existing sales, in which case the Artist will continue to be paid as per normal, and will follow through to ensure Purchasers receive purchased artworks.
This agreement will terminate automatically should the service be terminated. This agreement will terminate if the member commits a breach or is in default of any warranty of this Agreement.
Upon termination, any rights granted by the Artist to Bluethumb under this agreement immediately revert to the Artist.
|Warranties:||Bluethumb offers an "as is" service. Bluethumb does not supply any warranties in relation to content represented on the Bluethumb website.|
|Disputes Release:||Bluethumb is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.|
The user assumes all responsibility and risk for use of the Bluethumb website including and without limitation any of the content or information contained therein. Bluethumb accepts no liability for any failure to comply with this agreement where such failure is due to circumstances beyond its reasonable control.
If Bluethumb waives any rights available to it under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Bluethumb does not represent or guarantee that the Bluethumb service or the Bluethumb website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Bluethumb does not represent or guarantee that access to the Bluethumb service or these websites will be uninterrupted.
The user acknowledges that the Bluethumb service or the Bluethumb website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Bluethumb's or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Bluethumb does not warrant that any members' uploads to this website will be protected against loss, or misuse or alteration by third parties. Bluethumb does not warrant that all uploaded content will be available on our website. If Bluethumb elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.
It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
Bluethumb does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user's use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into the terms and conditions of this Membership Agreement is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
|If you have concerns relating to the Bluethumb website or this Membership Agreement, please contact Bluethumb via any of the following means:|
|Acknowledgement:||You acknowledge that you have read this Membership Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Bluethumb, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Bluethumb relating to the subject of this Membership Agreement.|