Terms & Conditions
Copyright Complaints
LenticulArt respects the intellectual property rights of others. It is our policy to respond promptly any claim that content posted on the site infringes the copyright or other intellectual property infringement of any person. If you believe in good faith that any content or products made available through the LenticulArt Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement
here. In accordance with LenticulArt’s zero-tolerance policy for intellectual property infringement,
if LenticulArt is made aware that an Artist has infringed the copyright or other intellectual property rights of a third party, LenticulArt has the right to terminate the Artist's account and remove all of the Artist's content from LenticulArt’s website.
Terms of Use of lenticulart.co
The Service Provider's statement - LenticulArt is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. LenticulArt has a zero-tolerance policy for intellectual property rights infringement. Therefore, we ask our Artists to keep it in mind each time they are uploading content to LenticulArt. The Artists are required to upload works which do not infringe upon the copyrights, moral rights, publicity rights, privacy rights or any other rights of any person or third party or violate any law or judicial or governmental order. In simple words, stealing other people's works and passing it as their own is against the law and against what LenticulArt stands for.
Terms used herein carry the following meanings:
1. Artist - a natural person engaged in business activity, an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions, or a legal person, all of whom have created and currently maintain an Account in order to provide access to Product Models which they have delivered. Artist is not a consumer within the meaning of the law.
2. Voucher - a multi-purpose voucher issued by the Service Provider to the Subscriber under the Subscription Agreement.
3. Password - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Member/Influencer during the Registration process.
4. Account - ICT resources within the Website which the Artist/User/Member/Influencer may access following one-time Registration, and upon providing, in each case, the Name and Password (logging in). The Artist uses the Account to publish and provide the Users with access to the Product Models.
5. Create and Earn - the functionality of the Website available under the Account's administration panel, which: (a) enables the Artist to provide a link to purchase a Product based on the Product Model published and made available on the Account by the given Artist, on their website, blog, account on Facebook, Instagram, TikTok, Twitter, Pinterest, YouTube or on other websites and social media of the Artist and (b) enables the Influencer to provide a link to purchase any Product on their the website, blog, account on Facebook, Instagram, TikTok, Twitter, Pinterest, YouTube or on other websites and social media of the Influencer.
6. Name (login) - a sequence of signs, including alphanumeric, necessary to perform an authentication process while accessing the Account, determined by the Artist/User/Member/Influencer during the Registration process.
7. Subscription Fee - payment due to the Service Provider from the Subscriber for the provision of the Subscription Plan service.
8. Subscription Plan (LenticulArt Club Bronze/Silver/Gold) - a service provided by the Service Provider to the Subscriber, as part of which the Subscriber obtains an access to numerous benefits within the Website on terms described in the Terms of Use and agreed in the Subscription Agreement.
9. Product - a physical copy of a work or another product of human activity, including but not limited to graphics, posters, 3D Models/Renders, AI generated imagery, paintings, illustrations or photographs, provided to the User or persons who purchased the Product via the Partner by the Service Provider or assembly system. Depending on the type, the Product is available in the sizes Small (A3), Medium (A2), Large (A1) and in the selected frame variants (None, Natural, White, Black) at the price provided by the Service Provider on the Website.
10. Registration - a one-time action which consists in creating an Account by the Artist/User/Member/Influencer with the use of an administration panel provided by the Service Provider on the Website. The Registration is completed upon the Artist/User/Member/Influencer accepting a registration form available on one of the Website pages, filling in appropriate spaces of the form and clicking an appropriate button. The Registration is effective upon successful completion of a verification process by the Service Provider, which is followed by an e-mail with a confirmation of Registration sent to the Artist's/User's/Member's/Influencer's address.
11. Website (lenticulart.co, LenticulArt) - an Internet website which enables Artists to provide access to the Product Models.
12. Force Majeure - an exceptional external occurrence beyond the control of a given Party which was impossible to prevent despite exercising due diligence.
13. Parties - depending on an Agreement to which the Terms of Use refer: the Service Provider and the Artist or the Service Provider and the User.
14. Subscriber - a User who executed the Subscription Agreement with the Service Provider and subscribed to the Subscription Plan.
15. Agreement - an agreement for the provision of Services concluded by and between the Artist/User/Member/Influencer and the Service Provider upon the Artist's/User's/Member's/Influencer's first access to the Account following successful Registration. The agreement is concluded for an indefinite period. In the case of Users not holding an Account, the agreement for the provision of Services is concluded each time upon entering the Website and terminated upon leaving the Website. Moreover, in the case of the agreement between the Artist and the Service Provider, the Agreement also covers the provision of services connected with the Artist delivering the Product Models to the Website on the terms and conditions provided for in these Terms of Use.
16. Subscription Agreement - an agreement concluded between the Service Provider and the Subscriber, based on which the Service Provider provides to the Subscriber the Subscription Plan service and allows the Subscriber to acquire the Voucher.
17. Service - a service provided by electronic means by the Service Provider under the Act on Providing Services by Electronic Means on terms and conditions provided for in the Terms of Use, which consist in: (a) providing the Artist/User/Member/Influencer with an Account and other functionalities of the Website, in particular the Subscription Plan, and (b) making it possible for the User to make an order for a Product.
18. Tools - services allowing the Artist or User to produce, process, store or access data in digital form, joint use of data in digital form that has been sent or created by the Artist or User or other forms of interaction using data in digital form, in particular functionalities enabling Artists to post Products as part of the Account and Subscribers to create personalized Products.
19. Service Provider - LenticulArt registered location: 32 Columbine Crescent, Caboolture, 4510, Australia. Registered Sole Trader under ABN: 38 851 124 150
20. Act on Copyrights and Related Rights - Act on Copyrights and Related Rights under 'Copyright Act 1968 (Commonwealth)' Australia.
21. Act on Providing Services by Electronic Means - Act on Providing Services by Electronic Means under 'Act on Providing Services by Electronic Means 1999' Australia.
22. Act on Consumer Rights – Act on Consumer Rights under 'Competition and Consumer Act 2010' Australia.
23. User - (a) a natural person above 18 years of age (in the case of persons under 18 years of age, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website.
24. Product Model - a digital presentation of a Product in the form of data published and made available by the Artist on the Account.
25. Initial Order - an order for a Product or Products made within the Website during which a Subscription Agreement is concluded; within the Initial Order, the Subscriber may only order Products in size Small (A3), Medium (A2) or Large (A1).
26. Buy Your Own Artworks – the functionality of the Website available under the Account's administration panel, which allows the Artist to purchase a Product based on the Product Model published and made available on the Account by the given Artist, except for the Limited-Edition series Product.
27. Limited-Edition – limited in quantity and/or time series of the Product, having modifications and/or additional variants not available for standard orders, certificate of authenticity and manually marked by assigning an individual number together with information about the quantity of the Product available within a given series, which is available for purchase via the Website at a price provided by the Service Provider on the Website.
28. Influencer – (a) a natural person above 18 years of age (in the case of persons under 18 years of age, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website, who has entered into a separate cooperation agreement with the Service Provider and has created and currently maintain an Account in order to use and derive profits from the usage of Create and Earn. Influencer is not a consumer within the meaning of the law.
29. Partner – website through which it is possible to purchase the Product by users of this website. Under no circumstances should the Partner be considered a subcontractor, agent or any entity acting on behalf of the Service Provider.
30. Gift Card – a tool (represented by a string of characters) that entitles the User to purchase a Product offered on the Website (including covering the shipping and handling costs), under the terms and conditions described in Chapter IX. Gift Cards (LenticulArt Gift Cards).
I. General Provisions
1.1. These Terms of Use set forth: (a) the rules of using the Website by the Artists, Users, Members and Influencers and the rules governing the provision of Services via the Website (b) the conditions for selling the Products and (c) the rules governing the provision of services by the Artists in connection with delivering Product Models to the Website.
II. Scope and Conditions for Using the Website
2.1. The Service Provider undertakes to provide the Service within the Website in the scope and on terms and conditions specified in these Terms and Conditions.
2.2. The Service may be used on condition that the ICT system used by the Artist or the User meets the following minimum technical requirements: (a) Internet Explorer version 9.0 or newer with enabled JavaScript and cookies or (b) Mozilla Firefox version 22.0 or newer with enabled JavaScript and cookies, Google Chrome version 30 or newer with enabled JavaScript and cookies, Safari 5 or newer with enabled JavaScript and cookies, Opera 20 or newer with enabled JavaScript and cookies, minimum display resolution 1200x800 pixels.
2.3. The Service Provider uses cookies solely for the purpose of collecting information connected with the use of the Website, including in particular in order to:
a) maintain the User's/Artist's/Influencer's session.
b) adapt the Website to the needs of the User/Artist/Influencer.
c) create the statistics concerning the traffic on subpages of the Website.
d) use such information for marketing purposes of the Service Provider.
2.4. The Service Provider reserves the right to modify, for important reasons, the manner in which the Service is provided in compliance with the scope and conditions resulting from the authorisations held by the Service Provider, and also in accordance with the technical capabilities of the Service Provider without compromising the quality and with no influence on the scope of rights and obligations of the Parties. An important reason for making a change to the Service is:
a) change, extension, or improvement of the way of displaying the content available in the Service,
b) improving the functionality to improve the quality of the Service,
c) adapting the Services to changes in the Service Provider's technical environment (i.e. hardware or software used by the Service Provider).
2.5. The Service Provider in entitled to periodically suspend the provision of Services on the Website in relation to all or some of the Accounts in connection with carrying out necessary maintenance. The maintenance will be carried out upon prior notification to the Artists/Users/Influencers (e.g. by way of sending an appropriate message to the Accounts and publishing an announcement on the Website) and for the shortest time possible.
2.6. In order to assure the safety of transferring messages connected with the Service provided, the Service Provider undertakes technical and organisational measures which are adequate for the level of risk to the safety of the Service.
III. Providing Access to Product Models and Selling Products.
(Information for the Artist)
3.1. The Artist keeps all rights to Product Models uploaded by the Artist to the Account and may at any time delete any Product Model from the Account. All orders from Users for Products based on Product Models by a particular Artist that are placed before the deletion of the Product Model will be completed.
3.2. A Product Model will be displayed on an Account on condition that a file containing the Product Model or a photograph featuring the Product Model satisfies the following technical parameters:
a) The Artist is the owner of the Product Model.
b) JPG up to 30MB. Minimum 300 DPI in RGB mode.
c) The shortest side at least 2900px.
d) 1.4:1 ratio for best product fit (ex. 4060px x 2900px).
e) No logos. No watermarks. No borders.
f) Text/content shall be from the edge at least 200px for the file with min. size 4060px x 2900px.
g) The whole content of the design is included in one uploaded file.
h) No multiple uploads of the same image with slightly changed color palette or tiny detail.
i) Tags need to correspond directly to the subject of the artwork.
3.3. Without prejudice to sec. 6.8. below and the right and obligations of the Parties, The Service Provider reserves the right to delete the Product Models, which are not in line with the profile of the Website or don't meet the requirements of sec. 3.2. above.
3.4. The Artist and the Influencer undertake to fulfil any and all tax obligations connected with the activities carried out by the Artist and the Influencer on the Website.
3.5. By uploading a Product Model to the Account, the Artist gives consent for the Service Provider and the Service Provider's subcontractors to undertake any activities with respect to the Product Model and its developments (in full or in part) that are necessary to create and market the Product. In addition, the Artist agrees to make the Product Model publicly available to the extent necessary to display the Product for sale through the Partner.
3.6. Furthermore, the Artist gives his or her consent to the following:
a) the Service Provider and entities cooperating with the Service Provider using the Product Model or its development (in full or in part) and photographs of the Product itself solely with a view to promoting the Website or the Artist (in the Internet, press and television, or during presentations or exhibitions).
b) using the Product Model or its development (in full or in part) and photographs of the Product itself within the Influencer's Account.
c) launching discounts by the Service Provider. As a result of launching discounts, the price of the Product and the fee paid to the Artist, or the Influencer is proportionately decreased.
d) the Service Provider and entities cooperating with the Service Provider using the Product Model for the purposes of promoting the Website or the Artist, in particular for transferring the Product as samples to the customers free of charge, as well as using the Product for the purpose
3.7. Moreover, acceptance of LenticulArt Terms and Conditions equals with the Artist's consent for selling the Product Models via the Website and the Partner as well as within the Subscription Plan. The consent can be terminated by termination of the Agreement and closing Account by the Artist.
(Artist Fee)
3.8. For appropriate and verified by the Service Provider providing by the Artist of the services connected with the delivery of Product Models to the Service, the Service Provider undertakes to pay a fee to the Artist (at the request of the Artist expressed by clicking the request payment button) on the terms described in par. 3.10. below.
3.9. The fee will be published on the Artist's Account after the period of 24 (twenty-four) hours of selling the Product and then will be available on the Artist's Account to request the payment after the period of 10 (ten) days of selling the Product.
The settlement between the Artist and the Service Provider will be made only once a minimum of USD 50 (fifty) is accumulated on the Artist's account and within 45 (forty-five) days from the date of requesting it by the Artist. The request to pay a fee shall be submitted by the Artist within 3 (three) years of selling the Product. The settlement will not include a fee for the sale of Products which were returned by the User (on the basis of a complaint or withdrawal from the agreement) or for the sale of Products which has been cancelled.
3.10. The fee will be determined in accordance with the following rules, with the reservation that the fee is in no case charged to the Artist from the price of the Product purchased by the Artist using the Buy Your Own Artwork functionality. A basis for settlement is a net sale price of a Product in USD based on the Product Model provided by a given Artist. The amount of the fee due to the Artist in case of Product in size M is USD 4,50, in case of Product in size L is USD 9,00 and in case of Product in size XL is USD 14,50. In the case of Products from the Limited Edition, Ultra Limited Edition and Lumino series the amount of the fee due to the Artist is provided in the cooperation agreement concluded between the Service Provider and the Artist. The Artist will be notified of any changes to the fee in a manner described in par. 12.4 below, except for the fees due to the Artist in the case of the Limited Edition, Ultra Limited Edition and Lumino series Products.
3.11. The Service Provider reserves the right to deduct an advance payment towards taxes and other official and administrative fees (i.e. WHT, VAT) that Service Provider is obliged to pay in different countries around the world.
3.12. The Artist is solely responsible for the provided data (PayPal email address) during the payment process. The settlement will be lost in case of providing incorrect or invalid data. The Artist waives all and any claims against the Service Provider in this respect.
At the time of pay-out, the Artist commits to provide basic and valid data (tax data) for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, The Service Provider reserves the right to withhold payment until receipt of relevant data.
3.13. The Artist's fee regulated in par. 3.8. – 3.12. above will cover any and all claims that the Artist may have during/in connection with/as a result of the cooperation with the Service Provider in connection with the Website, in particular for giving a consent to the use of the Product Model and Product in the manner specified above.
(Fee for the Sale of the Product made via a Link provided using Create and Earn)
3.14. The Service Provider undertakes to pay to the Artist a fee (at the request of the Artist expressed by clicking request payment button) for the purchase of a Product based on the Product Model made available by the given Artist on his or her the Account, made through the link shared by the Artist using Create and Earn. A basis for settlement is a net sale price of a Product in USD. The amount of payment due to the Artist is 41% of the net sales price of the Product in USD, with the proviso that in the case of Products from the Limited Edition, Ultra Limited Edition and Lumino series the amount of the fee due to the Artist is 10% of the net price in USD of the Product sold. The Artist will be notified of any changes to the fee in a manner described in par. 12.4 below, except for the fees due to the Artist in the case of the Limited Edition, Ultra Limited Edition and Lumino series Products.
3.15. The Service Provider undertakes to pay to the Influencer a fee (at the request of the Influencer expressed by clicking request payment button) for the purchase of a Product made through the link shared by the Influencer using Share and Earn. A basis for settlement is a net sale price of a Product in USD. The amount of payment due to the Influencer is up to 25% of the net sales price of the Product in USD. The Influencer will be notified of any changes to the fee in a manner described in par. 12.4 below. Par. 3.15. - 3.19. are applicable if the cooperation agreement concluded between the Service Provider and Influencer does not provide otherwise.
3.16. The fee will be published on the Artist's/Influencer's Account after the period of 24 (twenty-four) hours of selling the Product and then will be available on the Artist's/Influencer's Account to request the payment after the period of 10 (ten) days of selling the Product.
The settlement between the Artist's/Influencer's and the Service Provider will be made only once a minimum of USD 50 (fifty) is accumulated on the Artist's/Influencer's account and within 45 (forty-five) days from the date of requesting it by the Artist's/Influencer's. The request to pay a fee shall be submitted by the Artist's/Influencer's within 3 (three) years of selling the Product. The settlement will not include a fee for the sale of Products which were returned by a buyer (on the basis of a complaint or withdrawal from the agreement) or for the sale of Products which has been cancelled.
3.17. The Service Provider reserves the right to deduct an advance payment towards taxes and other official and administrative fees (i.e. WHT, VAT) that Service Provider is obliged to pay in different countries around the world.
3.18. The Artist/Influencer is solely responsible for the provided data (PayPal email address) during the payment process. The settlement will be lost in case of providing incorrect or invalid data. The Artist/Influencer waives all and any claims against the Service Provider in this respect.
At the time of pay-out, The Artist/Influencer commits to provide basic and valid data (tax data) for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, The Service Provider reserves the right to withhold payment until receipt of relevant data.
3.19. The Artist's fee regulated in par. 3.14. and 3.16 – 3.18. as well as Influencer's fee regulated in par. 3.15. – 3.18. above will cover any and all claims that the Artist/Influencer may have during/in connection with/as a result of the cooperation with the Service Provider in connection with the Website.
(Sale of Product)
[Sale of Product]
A Product sale agreement made through the Website is concluded upon the User clicking a functionality marked in the path to purchase as “CHECK OUT”, and in the case of purchase through the PAYPAL system, upon clicking a functionality marked as “Pay now”. The agreement does not apply in the case of failure to make the actual payment. The agreement may be concluded solely and exclusively via the Website, i.e. using Website functionalities. The subject matter of the agreement will be specified at the last stage of the path to purchase. The Service Provider is obliged to deliver the Product without any defects. The Service Provider is liable for the conformity of the Product with the sale agreement. The guaranteed price of the Product is the price given in the cart. This means that the Service Provider guarantees that when the User adds a Product to a cart at a specified price in the purchase path, but the User does not purchase this Product during the same visit to the Website, the price of the added Product will remain the same as at the time of adding this Product to a cart, if the User purchases the Product which was previously added to a cart during the other visit to the Website, as long as the Product is still available for purchase. The User may withdraw from the Product sale agreement concluded with the Service Provider via the Website without giving any reason by submitting an appropriate statement within 100 (one hundred) calendar days. This time-limit is calculated from the day the User took the possession of the Product. The User will not cover the costs of withdrawal from the Product sale agreement subject to the following sentence. In the case of withdrawal from the Product sale agreement, the User will cover the following costs: (a) the cost of returning the Product (return shipment); (b) if the User selects a manner of Product delivery other than the least expensive ordinary manner of delivery available on the Website, the Service Provider is not obliged to reimburse the User for any additional costs incurred by the User. Withdrawal is possible if the assembly system contained in the Product is still functioning. As for the purchased assembly system, withdrawal is possible only in case of returning the whole assembly kit and if it is still functioning. The User shall be liable for any diminution in the value of the returned Product resulting from use thereof in a manner other that necessary to establish the nature, features, and functioning of the Product. The right to withdraw from the sale agreement in accordance with this section does not apply to the custom-made Products, therefore such Products are not eligible for return. The User shall return the Product to the Service Provider immediately, but no later than within 14 (fourteen) days from the date of withdrawal from the Product sale agreement. In order to meet the deadline, it is sufficient to dispatch the Product before its expiry. The Service Provider undertakes to immediately, not later than within 14 (fourteen) days from the day of receiving the User's statement of withdrawal from the Product sale agreement, reimburse the User for any and all payments made by the User with the use of the same method of payment as applied by the User, with a proviso that the Service Provider is entitled to suspend reimbursement of payments obtained from the User until the Service Provider receives the Product back or the User submits a confirmation of shipping the Product, depending on which of the events occurs earlier. Moreover, the Service Provider reserves that upon the lapse of 60 (sixty) days following the payment made by the User, independent payment operators may, under their rules and regulations, retain a certain part of the amount paid. A form of the statement of withdrawal from the Product sale agreement is available on the Website (
