1. Who we are & acceptance
The Bubble Art (the "Platform," "Company," "we," "us," or "our") is a seasonal digital-art marketplace, accessible at thebubbleart.com and related domains and applications (collectively, the "Services"). The Bubble Art is owned and operated by its founder, Matthew Ayaz, as a distinct business.
These Terms & Conditions ("Terms"), together with our Privacy Policy, Refund Policy, Copyright & DMCA Policy, and Cookie Policy (each incorporated by reference), govern your access to and use of the Services. If you do not agree to these Terms, do not use the Services.
2. Definitions
- "User" — any person who accesses the Services, including Buyers, Artists, and visitors.
- "Buyer" — a User who purchases, bids on, or collects digital artworks or related items.
- "Artist" or "Seller" — a User who lists, offers, or sells artworks through the Platform.
- "Artwork" — any digital work, edition, file, collectible, or related certificate offered through the Services.
- "Content" — any text, image, file, listing, description, profile, or other material submitted to or displayed on the Services.
3. Eligibility & accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. By using the Services you represent that you meet these requirements and that all information you provide is accurate and current.
You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately at info@thebubbleart.com of any unauthorized use. We may refuse, suspend, or cancel accounts at our discretion, including for suspected fraud, abuse, or violation of these Terms.
4. Our role as a marketplace
The Platform is a venue that connects Buyers and Artists. Except where we are expressly identified as the seller, The Bubble Art is not a party to any transaction between a Buyer and an Artist. We do not manufacture, create, own, appraise, or independently verify the authenticity, provenance, quality, legality, or value of Artworks listed by Artists.
We do not guarantee that any Artist or Buyer will complete a transaction or behave lawfully. Any dispute arising from a transaction is primarily between the Buyer and the Artist, although we may, at our discretion, provide tools or assistance to help resolve disputes.
5. Buying on the platform
Prices are displayed in U.S. dollars unless otherwise indicated; any currency conversions shown are estimates. By placing an order or confirming a purchase, you submit a binding offer to purchase the Artwork at the stated price, subject to acceptance and successful payment.
- Payment. Payments are processed by third-party providers (including Stripe). You authorize us and our processors to charge your selected payment method for the total amount, including applicable taxes and fees.
- Delivery. Digital Artworks and any associated certificates are delivered electronically to your account or a designated address after payment is confirmed. Delivery times for any physical components or third-party certificates may vary.
- Risk & ownership. What you receive (for example, a license to use a digital file, an edition, or a certificate of authenticity) is described on the relevant listing. Unless a listing expressly transfers copyright, purchasing an Artwork does not transfer the underlying intellectual-property rights — see Section 9.
- Cancellations & refunds. Refunds and cancellations are governed by our Refund Policy.
6. Auctions & bidding
Some Artworks are sold by auction. By placing a bid you make a binding, irrevocable offer to purchase the Artwork at your bid amount (or, with proxy/automatic bidding, up to your stated maximum). Key rules:
- Bids cannot be retracted once placed, except as required by law or expressly permitted by us.
- Auctions may use proxy bidding (we bid on your behalf up to your maximum), reserve prices, and "buy now" options. An Artwork may not sell if its reserve is not met.
- The highest valid bid at the close of the auction wins, subject to reserve and our verification. We may extend, cancel, re-open, or void any auction or bid in cases of error, suspected manipulation, technical failure, or fraud.
- If you win, you must complete payment promptly. Failure to pay is a breach of these Terms and may result in cancellation, suspension, or forfeiture, and re-listing of the Artwork.
7. Artists & sellers
If you list Artworks, you additionally agree that:
- You own or control all rights necessary to list and sell the Artwork and to grant the licenses in Section 9, and your Artwork does not infringe any third party's intellectual-property, privacy, publicity, or other rights.
- Your listings are accurate and not misleading, including with respect to authorship, edition size, provenance, and condition.
- You will honor sales and auctions you initiate, deliver Artworks as described, and comply with all applicable laws (including tax and consumer-protection laws).
- You are an independent seller, not an employee, agent, partner, or joint venturer of The Bubble Art.
- Payouts. Subject to your subscription and these Terms, proceeds from your sales are remitted to you through our payment partners after deducting applicable processing fees, taxes, refunds, chargebacks, and amounts you owe us. Payout timing depends on the processor and may be delayed for risk, verification, or compliance reasons.
- We may remove, hide, or decline any listing at our discretion.
8. Fees, subscriptions & taxes
Use of certain features (such as Artist listing tiers) may require a paid subscription or fees, described at the point of purchase. Subscription fees are billed in advance on a recurring basis and renew automatically until cancelled. You may cancel future renewals at any time from your account; cancellation stops future charges but does not retroactively refund the current period except as stated in our Refund Policy or required by law.
Payment-processing fees may apply to transactions. You are responsible for all taxes associated with your purchases, sales, or earnings, except taxes based on our net income. Where required, we may collect and remit taxes or report transactions to authorities.
9. Intellectual property & licenses
Our property
The Platform, including its software, design, logos, trademarks, text, and compiled content, is owned by The Bubble Art or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not copy, modify, reverse-engineer, scrape, or create derivative works of the Platform except as permitted by law.
Artist & user content
You retain ownership of Content you submit. By submitting Content (including Artworks and listings), you grant The Bubble Art a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt (for formatting/thumbnails), and promote that Content for the purpose of operating, marketing, and improving the Services. This license ends when you remove the Content, except for residual copies and as needed for legal, backup, or enforcement purposes.
What buyers receive
Unless a listing expressly states otherwise, a Buyer who purchases an Artwork receives a personal, non-exclusive license to access, display, and enjoy the Artwork for personal, non-commercial use, and does not acquire copyright, trademark, or reproduction rights. The Artist retains all rights not expressly granted.
10. Acceptable use
You agree not to, and not to permit others to:
- violate any law or third-party right, or list or buy unlawful, stolen, infringing, or fraudulent items;
- upload malware, attempt to gain unauthorized access, or disrupt the Services or other users;
- manipulate prices, bids, reviews, or rankings (including shill bidding, wash trading, or bid manipulation);
- impersonate any person, misrepresent authorship or affiliation, or use the Services to launder money or evade sanctions;
- scrape, harvest, or use automated means to access the Services except as expressly permitted;
- post content that is defamatory, harassing, hateful, sexually exploitative, or otherwise objectionable.
11. User content & moderation
You are solely responsible for your Content and the consequences of posting it. We may, but are not obligated to, review, moderate, remove, or restrict any Content or account at any time, with or without notice, including Content we believe violates these Terms or the law. We comply with valid takedown requests under our Copyright & DMCA Policy.
12. Third-party services
The Services rely on and may link to third parties (for example, payment processors such as Stripe, certificate or authentication providers, and analytics or hosting providers). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and disclaim liability for their acts or omissions.
13. Disclaimers
THE SERVICES AND ALL ARTWORKS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AUTHENTICITY, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any Artwork is authentic, original, or of any particular value. Any reliance on Content or Artworks is at your own risk. Some jurisdictions do not allow certain disclaimers, so some may not apply to you.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BUBBLE ART AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR THE VALUE OF ANY ARTWORK, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limits apply to the fullest extent permitted by law; some jurisdictions do not allow certain limitations, so portions may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless The Bubble Art and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your Content, your use of the Services, your transactions, or your violation of these Terms or any law or third-party right.
16. Suspension & termination
We may suspend or terminate your access to all or part of the Services at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Services and close your account at any time. Sections that by their nature should survive termination (including Sections 9, 13–15, 17, and 19) will survive.
17. Governing law & dispute resolution
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules, and applicable U.S. federal law.
Informal resolution. Before filing a claim, you agree to contact us at info@thebubbleart.com and attempt to resolve the dispute informally for at least 30 days.
Arbitration. Except for claims that may be brought in small-claims court and claims for injunctive relief regarding intellectual property, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered under the rules of a recognized arbitration body, seated in New Jersey, rather than in court. You and The Bubble Art waive any right to a jury trial and to participate in a class or representative action. If this class-action waiver is found unenforceable, the arbitration agreement shall be void as to that claim and litigated in the courts of New Jersey.
Venue. To the extent any matter is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey.
18. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, where appropriate, provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes acceptance.
19. General
These Terms (with the policies incorporated by reference) are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Neither party is liable for delays or failures due to events beyond its reasonable control (force majeure). Notices to you may be provided through the Services or to your account email; notices to us should be sent to the contact below.
20. Contact
The Bubble Art
Email: info@thebubbleart.com