Terms of use · Interartive

Draft for review by counsel. Bracketed notes [like this] are questions for the lawyer and are removed before publishing.

1. Who we are and what this covers

Interartive ("Interartive", "we") runs interartive.com and its apps, where artists, galleries, museums, schools and collectives build exhibitions in 3D houses that anyone can visit, and where people in the United States can ask to buy the works shown. These Terms of Use are an agreement between you and [Interartive legal entity name, state of formation, address]. By creating an account or using Interartive you agree to them, to the Privacy Policy and to the rules they point to: the Buying and selling rules, Offers and bidding rules, Prohibited items, Community guidelines and the Exhibitor pass refund policy.

2. Accounts

You may visit exhibitions without an account. To build exhibitions, save, make offers, bid, sell or join meet-the-artist times you need one.
You must be at least 13 to have an account, and at least 18 (and able to form a binding contract) to make offers, bid, sell or buy a pass. [Counsel: confirm age thresholds; school programs for younger students run under separate school agreements.]
Give accurate information and keep it current, keep your password and sign-in codes private, and tell us at once if you think someone else used your account. You are responsible for what happens under your account.
One person, one personal account. Organizations (galleries, museums, schools, collectives) use an organization with members.

3. Exhibitor passes

Building, uploading, arranging and previewing exhibitions is free. Opening exhibitions to the public needs an exhibitor pass for one month or a multi-month bundle, for individuals or organizations, with an optional 3D add-on.
A pass is a single payment. It never renews automatically. When it ends, the exhibitions it kept open close: they are not deleted, and they stay visible as an archive if you allow it. You can buy another pass at any time; time you buy while a pass is running starts when that pass ends.
We may send one optional reminder before a pass ends. It is never a charge.
Prices are shown before you pay and include [sales tax treatment — counsel/accountant]. A change in prices never affects a pass already bought.
Codes (for example for founding artists) are personal, have no cash value and may expire.
Refunds follow the Exhibitor pass refund policy.

4. Your content

You keep every right you have in the works, photos, 3D models, texts and other material you upload ("your content").
You give Interartive a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, light, scale and arrange your content in 3D houses, to show it on Interartive and in VR and AR, to make thumbnails, previews and QR codes, to translate your texts automatically into other languages (marked as machine translation), and to feature it, with credit, to promote your exhibition and Interartive. The license ends when you delete the content or your account, except for copies in backups for a limited time, content others have already saved or shared as links, and records we must keep (for example of sales and reports).
You promise that you own your content or have every permission needed, that what you say about a work (artist, title, size, medium, edition, condition) is true, and that your content does not break the law or the rights of anyone else.
We may check uploads automatically, for example to find images already uploaded by someone else.

5. Buying and selling art

Interartive is a venue, not a party to sales. While payments on Interartive are off, buyers in the United States say "I want to buy this" or bid; the owner chooses which offer to accept; a chat opens between the two, and they agree payment and delivery or pickup directly. Interartive does not hold the money, is not the seller or buyer, does not inspect or guarantee works, and is not responsible for whether a sale is completed. [Counsel: marketplace facilitator status for sales tax in each state; disclaimers for an "outside-platform" sale.]
Buying and selling are open to people located in the United States. We check location and ask buyers and sellers to confirm their state and ZIP code.
An offer or a bid is a serious expression of intent to buy at that price; it becomes a sale only when buyer and owner agree the details. See the Offers and bidding rules.
Sellers must follow the Buying and selling rules and never list prohibited items.
When payments on Interartive are switched on, additional terms will apply to those sales (held payments, fees, shipping, returns and disputes), and we will tell you before they take effect.

6. Meet-the-artist times, voice and chats

Exhibitions may have scheduled times when the artist is present, live voice for up to ten speakers chosen by the host, guest books and sale chats. Be respectful and follow the Community guidelines. Voice is not recorded by Interartive. Hosts may mute or remove people.

7. Notifications by email and text

If you give us your mobile number and agree, we send texts about offers, sale chats, reminders you asked for and your pass. Message frequency varies; message and data rates may apply; reply STOP to stop and HELP for help. You can change what reaches you by email or text at any time in Settings › Notifications.

8. What you may not do

Do not: break the law; infringe anyone's rights; list or sell prohibited items; misdescribe a work; bid on your own works or have others do it for you (shill bidding); harass people; send spam; try to move people to fraudulent payment methods; collect other people's data; upload malware or anything that attacks devices; scrape the service; get around location, safety or rate limits; or pretend to be someone else.

9. Safety, enforcement and reports

We may warn, limit, suspend or close accounts, hide or remove content and exhibitions, cancel offers, and keep information needed for safety and the law when we believe these terms or our rules were broken or someone is at risk. Report problems from any work, exhibition or chat, or at [safety contact]. Copyright owners may send notices to our designated agent: [DMCA agent name, address, email — counsel to register with the U.S. Copyright Office].

10. Services we rely on

Payments are processed by Stripe; texts are sent through Twilio; emails through [Resend]; files are stored with [hosting provider]. Their own terms may also apply to you when you use them through Interartive.

11. Disclaimers and limits

Interartive is provided "as is". To the extent the law allows, we disclaim implied warranties and are not liable for indirect, incidental, special or consequential damages, or for the acts of buyers, sellers or other users. Our total liability for any claim is limited to the greater of what you paid Interartive in the 12 months before the claim or US$100. [Counsel: New York consumer law limits; carve-outs.]

12. Disputes

These terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. [Counsel: choose between New York courts and arbitration with a small-claims option and class-action waiver; informal resolution period first.] Disputes between users (for example about a sale) are between those users; we may help but are not obliged to.

13. Changes and contact

We may change these terms; for material changes we give notice in the product or by email at least 14 days ahead. Questions: [hello@interartive.com], [postal address].