Terms of use

This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.

User Agreement

This User Agreement ("Agreement," or "Terms") derives from the TATAVO Principle to empower Artists of all kind, and is our terms of service that governs our relationship with users and others who interact with TATAVO, as well as TATAVO brands, products and services, which we call the “TATAVO Services” or “Services”. By using or accessing the TATAVO Services, you agree to this Agreement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how TATAVO works. Because TATAVO provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Agreement, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

About TATAVO

TATAVO has a marketplace (ArtPlace) that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. TATAVO is not a traditional auctioneer. While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, TATAVO has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use TATAVO to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on TATAVO, and you can control how it is shared through your privacy and application settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with TATAVO (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Privacy Policy)
  4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of TATAVO, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about TATAVO, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety

We do our best to keep TATAVO safe, but we cannot guarantee it. We need your help to keep TATAVO safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on TATAVO.
  2. You will not collect users' content or information, or otherwise access TATAVO, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TATAVO.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not use TATAVO to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of TATAVO, such as a denial of service attack or interference with page rendering or other TATAVO functionality.
  11. You will not facilitate or encourage any violations of this Agreement or our policies.
4. Registration and Account Security

TATAVO users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on TATAVO, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal timeline primarily for your own commercial gain, and will use a TATAVO Page for such purposes.
  5. You will not use TATAVO if you are under 13.
  6. You will not use TATAVO if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
  • You will not post content or take any action on TATAVO that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on TATAVO if we believe that it violates this Agreement or our policies.
  • We provide you with tools to help you protect your intellectual property rights.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not TATAVO) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on TATAVO.
  • You will not tag users or send email invitations to non-users without their consent. TATAVO offers social reporting tools to enable users to provide feedback about tagging.
  • 6. Mobile and Other Devices
    1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on TATAVO within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
    3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on TATAVO.
    7. Payments
    You must have a payment method on file when selling through TATAVO Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel
    8. Special Provisions Applicable to Developers and/or Web Designer
    If you are a developer or web designer, you must follow any instructions we include in our technical documentation.
    9. About Advertisements and Other Commercial Content Served or Enhanced by TATAVO
    Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

    1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
    2. We do not give your content or information to advertisers without your consent.
    3. You understand that we may not always identify paid services and communications as such.

    10. Special Provisions Applicable to Advertisers
    If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Terms. In addition, your advertising or other commercial or sponsored activity or content placed on TATAVO or our publisher network will comply with the following:

    Ads must not promote the sale or use of adult products or services, except for ads for family planning and contraception. Ads for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older.

    Ads must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.

    Ads must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

    Ads must not contain shocking, sensational, disrespectful or excessively violent content. Ads must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name. 11. Special Provisions Applicable to Pages
    If you create or administer a Page on TATAVO, or run a promotion or an offer from your Page, you agree to comply with all applicable laws and regulations, including by ensuring that you provide all necessary disclosures to people using TATAVO, such as any disclosures needed to indicate the commercial nature of content posted by you.

    12. Special Provisions Applicable to Software
    4. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    5. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.


    13. Amendments
    6. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
    7. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Agreement, we may provide notice on the Site Governance Page.
    8. Your continued use of the TATAVO Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.


    14. Termination
    If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of TATAVO to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Agreement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.


    15. Disputes

    9. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Agreement or TATAVO exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    10. If anyone brings a claim against us related to your actions, content or information on TATAVO, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on TATAVO and are not responsible for the content or information users transmit or share on TATAVO. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on TATAVO. We are not responsible for the conduct, whether online or offline, of any user of TATAVO.
    11. WE TRY TO KEEP TATAVO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TATAVO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TATAVO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TATAVO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TATAVO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TATAVO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR TATAVO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TATAVO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


    16. Special Provisions Applicable to Users Outside the United States
    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with TATAVO outside the United States:

    12. You consent to having your personal data transferred to and processed in the United States.
    13. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on TATAVO (such as advertising or payments) or operate a Platform application or website. You will not use TATAVO if you are prohibited from receiving products, services, or software originating from the United States.


    17. Definitions

    14. By "TATAVO" or” TATAVO Services” we mean the features and services we make available, including through (a) our website at www.TATAVO.com and any other TATAVO branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. TATAVO reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this Agreement.
    15. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from TATAVO or provide data to us.
    16. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with TATAVO.
    17. By "content" we mean anything you or other users post, provide or share using TATAVO Services.
    18. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from TATAVO or provide to TATAVO through Platform.
    19. By "post" we mean post on TATAVO or otherwise make available by using TATAVO.
    20. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    21. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.


    18. Other

    22. If you are a resident of or have your principal place of business in the US or Canada, this Agreement is an agreement between you and TATAVO, Inc. Otherwise, this Agreement is an agreement between you and TATAVO Ireland Limited. References to “us,” “we,” and “our” mean either TATAVO, Inc. or TATAVO Ireland Limited, as appropriate.
    23. This Agreement makes up the entire agreement between the parties regarding TATAVO, and supersedes any prior agreements.
    24. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
    25. If we fail to enforce any of this Agreement, it will not be considered a waiver.
    26. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
    27. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
    28. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    29. Nothing in this Agreement shall prevent us from complying with the law.
    30. This Agreement does not confer any third party beneficiary rights.
    31. We reserve all rights not expressly granted to you.
    32. You will comply with all applicable laws when using or accessing TATAVO.


    By using or accessing TATAVO Services, you agree that we can collect and use such content and information in accordance with the Privacy Policy as amended from time to time.

    To access the User Agreement in several different languages, change the language setting for your TATAVO session by clicking on the language link in the left corner of most pages. If the Agreement is not available in the language you select, we will default to the English version.
    What are the TATAVO Services?

    TATAVO offers a wide variety of products and services, including communications and advertising platforms. Many of these products and services such as the TATAVO mobile app, and Messenger are part of your TATAVO experience. Other services may not require you to register for or sign in to the service using your TATAVO account. All of these Services are covered by our Data Policy, which describes how we collect, use and disclose your information. Sometimes supplemental terms may also apply to specific products or services, which we will tell you about through those services.
    Please note that in some cases, products and services that we offer have their own separate privacy policies and terms.


    What are the bidding and paying rules?

    You can't use TATAVO if your account contains false contact information.
    Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact our members.

    You must pay for any item you commit to buying.
    Some TATAVO sellers use an auction-style format, allowing you to bid on an item. Keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences, including limits on or loss of buying privileges. Even if you don't have excessive unpaid items, we may limit your buying until you've established a good buying history or paid for the items you've committed to.

    You can only bid if you really intend to buy the item, even if you're making a non-binding bid.
    This type of bid still means that you intend to buy the item. The bottom line is, don't place a bid unless you mean to buy the item.

    You can't bid on your own item.
    We call this shill bidding and it not only violates our policies, it's against the law in many places.

    Be careful about bidding on several items if you only want one.
    If you're the winning bidder of more than one auction-style listing, you need to purchase all the items you've won, even if they're the same or similar.

    Make sure that you read the listing description before you bid.
    Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and the terms of the sale. For example, some sellers only want to sell to bidders who live in a certain country, or who will pay using PayPal. Only bid on or buy an item if you can meet the requirements described in the listing. If you bid on an item and you don't meet the seller's requirements, we consider that unwelcome and malicious buying.

    If you know the seller, you can't bid on the item with the intent to increase its price or desirability artificially. This rule applies to family, friends, roommates, employees, and online connections.
    Buying items from someone just to increase their Feedback score or improve their search standing is called shill bidding, and it's against our policies.

    You can't offer to buy items outside of TATAVO.
    Our policies don't cover items bought outside of our site. If you buy items outside of TATAVO, we don't protect you against fraud. Sellers must follow the same rule, so if a seller offers to sell you something outside of TATAVO, don't accept the offer.

    If you buy an item from a seller in another country, you can't ask the seller to mark the item as a gift in the customs declaration. This is illegal, and against our policies.

    What are the general member conduct?

    ● TATAVO members aren't allowed to:
    ● Interfere with the TATAVO site
    ● Use profanity on the site
    ● Infringe on TATAVO's intellectual property
    ● Create a new account or buy and sell on other existing accounts to avoid restrictions or limits
    ● Make offers to buy or sell outside of TATAVO
    ● Falsely report that another member has violated an TATAVO policy


    What are the Feedback rules?

    Feedback is for members to leave comments about their experiences with their transaction partners. It's important to remember that, in most cases, the Feedback you leave is permanent.

    Buyers aren't allowed to use threats of poor Feedback or low detailed seller ratings to get something that wasn't part of the original listing. Sellers aren't allowed to demand positive Feedback from buyers.

    Members aren't allowed to exchange Feedback for the sole purpose of increasing Feedback scores, gaining TATAVO privileges, or enhancing reputation. Buyers aren't allowed to attempt to damage a seller's Feedback through a series of repeat purchases, or to leave negative comments with a positive feedback rating.

    Sellers can't include terms or conditions in a listing that limit or restrict the buyer's right to leave Feedback.

    Ratings and comments are generally a permanent part of a member's Feedback Profile. However, there are a few situations when we might remove or adjust Feedback related to a defect that's been removed, or Feedback comments that include, for example, links, profanity or other inappropriate content.

    When a buyer or seller issue comes up, depending on the particular situation, we may consider an individual's performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement, as long as that decision doesn't result in TATAVO requiring payment from another member. We reserve the right to do the right thing for both buyers and sellers.




    Last updated: March 12, 2018