Terms and Services Agreement

Last Updated: November 20, 2024.

This Terms and Services Agreement (the “Agreement”) governs the use of the Monochronicle marketplace, network, software, and production services, operated by GNV Urban Art LLC (DBA Monochronicle) (“we,” “us,” or “our”). By accessing and using the Monochronicle platform (“Platform”), you agree to be bound by this Agreement. Please read these terms carefully before using the Platform.

1. Overview of the Platform

The Platform is an online network designed to connect artists, designers, architects, developers, government organizations, and other users with public art products and services. Features include:

  • Facilitating the discovery, sale, and management of public art projects.
  • Offering listings, artist network memberships, and premium tools for art professionals.

For inquiries, contact us at [email protected].

2. User Accounts

2.1 Creating an Account

  • Account creation is optional for basic and standard listings or project applications.
  • Premium features, such as artist rating tools, require account registration.
  • Artists may create profiles for additional visibility and promotional opportunities.
  • To place an artwork for sale requires artist registration. 
  • Agents and other partners may register accounts to utilize Platform features.

2.2 Responsibilities of Account Holders

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to provide accurate, current, and complete information and update it as necessary.
  • Monochronicle reserves the right to suspend or terminate accounts for violations of these terms.

2.3 Temporary Accounts

Temporary accounts may be required for certain activities (e.g., finalist selection or artwork sales). Monochronicle reserves the right to approve or deny account creation at its sole discretion.

3. User Content

3.1 Ownership and Licensing

  • Users retain ownership of content submitted to the Platform.
  • By submitting content, you grant Monochronicle a perpetual, worldwide, non-exclusive, royalty-free, transferable license (including sublicensing rights) to use your content for promotion, marketing, and operational purposes.
  • You warrant that you have the necessary rights to grant this license.

3.2 Responsibility for Content

  • Users are solely responsible for materials they upload or post.
  • Monochronicle reserves the right to monitor, remove, or modify content at its discretion.

4. Payments and Fees

4.1 Commission on Sales

  • Monochronicle applies a 20% commission on all artwork sales conducted through the Platform. This commission is deducted from the final sale price before funds are transferred to the artist.

4.2 Payment Methods

  • Payments can be made via PayPal, checks, or wire transfers as specified in your contract.
  • For PayPal transactions, users agree to PayPal’s terms of service.
  • Payments via checks or wire transfers are subject to clearance timelines and additional processing fees, if applicable.

4.3 Refunds

  • Payments for services, including listings, memberships, or premium features, are non-refundable once services commence.
  • Refunds are only provided if Monochronicle declines a submission or listing before the service begins. See our Refund Policy.

5. Communication and Conduct

5.1 Appropriate Use of Contact Information

  • Users must use contact information consistent with the Platform’s mission.
  • Misuse, including spam or harassment, may result in account suspension.

5.2 Communications from Monochronicle

  • By using the Platform, you agree to receive communications via email.
  • You may opt-out of promotional emails by clicking the unsubscribe link or contacting us.

6. AI Usage on the Platform

Monochronicle uses AI technologies to analyze and process text data submitted by users to enhance the user experience and optimize content visibility.

  • Image Data: AI is not used to create or generate artwork based on images uploaded by artists.
  • Data Use: All user-submitted content is used solely for purposes outlined in this Agreement. See our Privacy Policy.

7. Intellectual Property

  • All Platform content, except user-submitted content, is owned or licensed by Monochronicle.
  • Users may not reproduce or distribute Platform content without prior authorization.

8. Limitations of Liability

Monochronicle and its affiliates are not liable for:

  • Indirect, incidental, special, or consequential damages arising from Platform use.
  • Losses resulting from user-generated content.

Users agree to indemnify Monochronicle against claims arising from violations of this Agreement or third-party rights.

9. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Florida. Users consent to the exclusive jurisdiction of the state and federal courts in Gainesville, Florida, for disputes arising under this Agreement.

10. Privacy Policy

The collection and use of personal information on the Platform are governed by our Privacy Policy. By using the Platform, you agree to the terms outlined in the Privacy Policy.

11. Changes to the Agreement

Monochronicle may modify this Agreement at any time. Continued use of the Platform constitutes acceptance of revised terms.

12. Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree, please refrain from using the Platform.

For further assistance, contact us at [email protected].