Terms of Service

1. Acceptance of Terms

By accessing or using the Art In Session website, platform, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

Art In Session is a non-profit organization dedicated to supporting artists by connecting them with collectors, supporters, and the broader community.

2. Eligibility

You must be at least 18 years of age and capable of entering into a binding contract to use our Services. By creating an account, you represent and warrant that you meet these requirements.

3. Account Registration

To access certain features, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Bidding — Binding Commitment to Purchase

4.1 Bids Are Binding

By placing a bid on any item through the Art In Session platform, you are making a binding commitment to purchase that item at the bid price if you are the winning bidder. Bids are not offers to negotiate — they are irrevocable commitments to buy.

4.2 Winning Bids

If your bid is the highest at the close of the auction or sale event, you are obligated to complete the purchase at the final bid amount plus any applicable taxes, fees, or shipping costs.

4.3 No Bid Retraction

Once submitted, bids cannot be retracted, canceled, or modified except in limited circumstances at Art In Session's sole discretion (e.g., a clear typographical error reported immediately).

4.4 Consequences of Non-Payment

Failure to complete a purchase after placing a winning bid may result in:

  • Forfeiture of the item to the next highest bidder.
  • Suspension or termination of your account.
  • Collection efforts for amounts owed.
  • Being barred from future bidding.

5. Payment Terms

5.1 Card on File

By creating an account and placing a bid, you agree to provide and maintain a valid credit or debit card on file ("Card on File"). You authorize Art In Session to store this payment method securely through our third-party payment processor.

5.2 Authorization to Charge

If you are a winning bidder and we are unable to reach you within [7] business days following the close of the auction to arrange final payment terms, you expressly authorize Art In Session to charge your Card on File for the full amount of the winning bid, plus any applicable taxes, fees, and shipping costs.

This authorization remains in effect until the transaction is fully settled.

5.3 Final Payment Terms

Art In Session will make reasonable efforts to contact you following a winning bid to arrange payment. Payment options may include:

  • Immediate charge to your Card on File.
  • Alternative payment arrangements (wire transfer, check, etc.) at our discretion.
  • Payment plans, if offered and agreed upon.

5.4 Disputes

If you believe a charge to your Card on File was made in error, you must contact us within 14 days of the charge. Chargebacks initiated without first contacting Art In Session may result in account suspension.

6. Fees & Pricing

  • All bid amounts are in U.S. Dollars unless otherwise stated.
  • Art In Session may charge a buyer's premium or service fee on top of the winning bid amount. Any such fees will be disclosed prior to bidding.
  • Artists may set reserve prices at their discretion.

7. Communications Consent

By creating an account, you consent to receive communications from Art In Session via:

  • Email: Transactional messages (login verification codes/OTP, bid confirmations, payment receipts, account updates) and promotional messages (event announcements, featured artists).
  • SMS/Text Messages: Login verification codes/OTP, bid notifications, outbid alerts, payment reminders, and event updates.

Security messages (including one-time passcodes for login and account verification) are essential to account access and cannot be opted out of.

You may opt out of promotional communications at any time. Transactional communications related to active bids and purchases cannot be opted out of while a transaction is pending.

Message and data rates may apply for SMS. Reply STOP to opt out of text messages.

8. Intellectual Property

All content on the platform — including but not limited to artwork images, descriptions, logos, and website design — is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from platform content without express written permission.

Artists retain ownership of their artwork. By listing on the platform, artists grant Art In Session a limited license to display and promote their work.

9. User Conduct

You agree not to:

  • Place bids you do not intend to honor.
  • Provide false or misleading information.
  • Manipulate bidding (shill bidding, bid rigging, etc.).
  • Use the platform for any unlawful purpose.
  • Interfere with the operation of the Services.
  • Harass, abuse, or harm other users or artists.

10. Disclaimers

  • Art In Session acts as a platform connecting artists and buyers. We do not guarantee the authenticity, quality, or condition of any artwork unless explicitly stated.
  • The Services are provided "as is" and "as available" without warranties of any kind, express or implied.
  • We are not responsible for disputes between buyers and artists, though we may assist in resolution at our discretion.

11. Limitation of Liability

To the fullest extent permitted by law, Art In Session, its directors, officers, employees, and volunteers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

Our total liability for any claim shall not exceed the amount you paid to Art In Session in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Art In Session and its directors, officers, employees, and volunteers from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your breach of these Terms, or your violation of any law or third-party rights.

13. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, any outstanding payment obligations survive.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Your State], without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in [Your City, State], except where prohibited by law.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. Contact Us

If you have questions about these Terms, please contact us at:

Art In Session Email: artinsessionnow@gmail.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.