PLATFORM TERMS OF SERVICE

 

 

ART CONTINUM

Operated by The Akari Group LLC
www.artcontinum.com

Effective Date: 29th of October 2025
Last Updated: 12th of November 2025

 

Privacy terms can be found here

Shipping terms can be found here

 

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the platform operated by The Akari Group LLC, a Delaware limited liability company, doing business as ("d/b/a") Art Continum ("Platform," "Website," "we," "us," or "our").

The Akari Group LLC operates in Ghana through its affiliated entity The Akari Group Limited (Ghana), which acts as LLC's agent for shipping coordination, local operations, and artist relations in Ghana. All contracts are with The Akari Group LLC.

By accessing, browsing, or purchasing from the Platform, you ("User," "Buyer," "you") agree to be bound by these Terms. If you do not agree, you may not use the Platform.

The Akari Group LLC reserves the right to modify these Terms at any time. Continued use of the Platform after modifications constitutes acceptance of updated Terms.

 

2. PLATFORM DESCRIPTION

Art Continum represents the African art continuum—the unbroken flow of creativity across time, geography, and medium. The Platform facilitates the sale of:

  • Browse Art: Contemporary fine art and traditional craft by African and diaspora artists
  • The Bazaar: African cultural artifacts, traditional textiles, handcrafted collectibles, vintage Afro-centric items, cultural heritage objects, and artisan goods
  • Stories: Editorial content exploring artist journeys, cultural contexts, traditional practices, and narratives that illuminate African creativity
  • News: Updates on platform activities, artist achievements, cultural events, and developments across the African art community

All transactions are managed by Art Continum. The Platform acts as intermediary between artists/vendors and buyers for marketplace purchases. Stories and News are informational content provided free of charge.

 

3. NO USER ACCOUNTS

The Platform does not offer user accounts or login dashboards. All purchases are completed via guest checkout. Buyers receive email confirmations and tracking information directly from Art Continum.

 

4. PURCHASING & PAYMENT

4.1 Checkout Process

Buyers complete purchases through the Platform's secure checkout using credit card or other accepted payment methods.

4.2 Pricing

All artwork is listed in USD. Total price includes:

  • Artwork price
  • Shipping costs (added at checkout)
  • Insurance costs (added at checkout)
  • Applicable taxes (if required by jurisdiction)

4.3 Payment Processing

Payment is processed immediately upon order completion. By providing payment information, you authorize Art Continum to charge the total amount.

4.4 Pricing Errors

In the event of an honest pricing error, Art Continum reserves the right to cancel the order and issue a full refund.

4.5 Order Confirmation

Buyers receive email confirmation upon successful purchase, including order details and estimated delivery timeframe.

4.6 Currency

All transactions are processed in USD.

 

5. SHIPPING & DELIVERY

5.1 Shipping Arrangements

Art Continum arranges and manages all shipping logistics. Shipping costs are calculated at checkout based on destination and artwork specifications.

5.2 Tracking Information

Buyers receive tracking numbers via email once shipments are dispatched.

5.3 Delivery Timeframes

Estimated delivery times provided at checkout. Actual delivery may vary due to customs, courier delays, or force majeure events.

5.4 International Shipments

For international orders:

  • Import duties and customs fees are the buyer's responsibility
  • Art Continum is not liable for customs delays or seizures
  • Buyers must comply with import regulations in their jurisdiction

5.5 Delivery Signature

Courier may require signature upon delivery. The return window begins upon buyer's signature confirmation of delivery.

5.6 Lost or Damaged Shipments

If a package is lost or damaged during transit, insurance will cover the loss. Buyers must report issues immediately upon delivery.

 

6. RETURNS & REFUNDS

6.1 Inspection Requirement

Buyers must inspect all items immediately upon delivery. Any damage, defects, or discrepancies must be reported within 24 hours of signing for delivery with the courier.

6.2 Return Window - Within 24 Hours

If the buyer contacts Art Continum within 24 hours of signing for delivery:

  • Returns accepted for any reason
  • Buyer must provide photographic evidence (multiple angles) of the item and packaging
  • Buyer pays return shipping costs to Ghana
  • Art Continum will provide return shipping address
  • Refund issued upon receipt and inspection of returned item in original condition

6.3 Returns After 24 Hours

After the 24-hour window, returns are accepted ONLY if:

  • Item is materially different from description (wrong artwork, wrong item shipped)
  • Item is damaged AND buyer has photographic proof taken within 24 hours of delivery

Buyer must prove:

  • Photos taken within 24 hours showing damage
  • Damage was not buyer-caused
  • Item was properly handled upon receipt

Return requests after 24 hours are subject to Platform's sole discretion.

6.4 No Late Authenticity Claims

Authenticity disputes must be raised within 24 hours of delivery with photographic evidence. All sales are final regarding authenticity after this 24-hour period. Buyer's failure to inspect and report within 24 hours waives all authenticity claims.

6.5 Value Disputes

If a buyer believes an item is not worth the stated price:

  • Buyer must submit a written claim within 24 hours of delivery explaining the basis for dispute
  • Art Continum will review the claim at its sole discretion
  • Maximum refund: 50% of purchase price
  • Decision is final and binding

6.6 Return Condition

Returned items must be in the same condition as delivered, with original packaging. Items returned in damaged or altered condition are not eligible for refund.

6.7 Order Cancellation

Buyers may cancel orders before shipping begins for a full refund. Once shipped, standard return policy applies.

6.8 Refund Processing

Approved refunds processed within 15 working days of Art Continum's receipt and inspection of returned item. Refunds issued to original payment method.

6.9 Case-by-Case Discretion

Art Continum reserves the right to address exceptional circumstances on a case-by-case basis but is not obligated to accept returns outside the stated policy.

 

7. THE BAZAAR - SPECIAL TERMS

7.1 Nature of Items

Items in The Bazaar section include African cultural artifacts, traditional textiles, handcrafted collectibles, vintage Afro-centric products, cultural heritage objects, and artisan goods. Unless explicitly marked "ORIGINAL" or "AUTHENTIC ANTIQUE," items are replicas, reproductions, or decorative pieces.

7.2 No Authentication Guarantee

Art Continum does not provide professional authentication services for Bazaar items. Items are sold for decorative and collectible purposes.

7.3 Cultural Heritage Compliance

Art Continum complies with all applicable laws regarding cultural heritage and export restrictions. Buyers are responsible for ensuring compliance with import regulations in their jurisdiction.

 

7.4 Cultural Artifacts & Vintage Items

Cultural artifacts, traditional textiles, and vintage collectibles are sold as-is. Natural variations in condition, age-related wear, patina, and authenticity are expected. Items marked "vintage" or "antique" reflect vendor's representation only; Platform does not independently verify age or authenticity unless explicitly stated.

 

7.5 cultural respect in editorial content

Stories and News content about traditional practices, ceremonies, and sacred objects are created with cultural sensitivity and, where appropriate, guidance from cultural practitioners. Art Continum respects the boundaries of what should and should not be publicly documented.

 

 

8. BUYER OBLIGATIONS & CONDUCT

8.1 Accurate Information

Buyers must provide accurate shipping, billing, and contact information.

 

8.2 Prohibited Conduct

Buyers may not:

  • Engage in fraudulent transactions or payment disputes without legitimate cause
  • Harass, threaten, or abuse Platform staff or artists
  • Attempt to circumvent Platform processes or contact artists directly for sales
  • Use the Platform for money laundering or illegal activities
  • Submit false claims regarding item condition or authenticity

8.3 Direct Artist Contact

If a buyer contacts an artist directly (bypassing the Platform) for any transaction or dispute, Art Continum is not responsible for any issues, damages, fraud, non-delivery, or disputes arising from such direct dealings. Direct buyer-artist transactions are at the parties' own risk.

8.4 Inspection Duty

Buyers must inspect packages immediately upon delivery and report any issues within 24 hours. Failure to inspect promptly waives the right to claim damage or defects.

8.5 Communication

All official communication must be via email to info@artcontinum.com. Art Continum responds to inquiries within 48 hours.

 

9. HIGH-VALUE PURCHASES ($1,000+)

For purchases of $1,000 USD or more, buyers may request:

  • Additional photographs of the artwork
  • Video call to view the artwork in detail
  • Additional condition reports

Requests must be made before purchase completion. Art Continum will accommodate reasonable requests within 48 hours.

 

10. INTELLECTUAL PROPERTY

10.1 Platform Ownership

All content on the Platform, including but not limited to text, images, logos, design, software, Stories, News articles, and editorial content, is the property of The Akari Group LLC or its licensors. Unauthorized use is prohibited.

 

10.2 No Downloads

Users may not download, reproduce, copy, distribute, or create derivative works from any images or content on the Platform without express written permission.

 

10.3 Artist Copyright & Reproduction Rights.

10.3.1 Copyright Retention. Artists retain full copyright in all their works. Purchase of artwork conveys ownership of the physical artwork only. Copyright and all reproduction rights remain with the Artist unless explicitly transferred in a separate written agreement signed by both Artist and Buyer. 10.3.2 What Artists May Do. After selling an artwork through Art Continum, Artists retain the unrestricted right to: • Create prints, editions, or reproductions of the sold work • License the artwork image for commercial use (products, advertising, merchandise, publications) • Use artwork images in their portfolio, website, social media, grant applications, and promotional materials • Include artwork images in published books, catalogs, or exhibitions • Create derivative works inspired by the sold artwork 10.3.3 What Buyers May Do. When you purchase an artwork, you may: • Display, photograph, and enjoy the physical artwork • Include the artwork in personal photography or documentation of your collection • Resell the physical artwork (subject to resale royalty obligations for Exclusive Artists per Section 10.6) • Display photographs of your artwork on personal social media with appropriate artist credit 10.3.4 What Buyers May NOT Do. You may not: • Reproduce the artwork for commercial purposes • Create prints, posters, or merchandise featuring the artwork • License or sell reproduction rights to third parties • Remove, alter, or obscure the artist's signature or attribution • Create derivative works based on the artwork • Use artwork images for advertising, marketing, or commercial purposes without Artist's written permission 10.3.5 Special Designation: Unique/One-of-a-Kind Works. Artworks specifically designated and sold as "Unique/One-of-a-Kind" will be clearly marked in the listing and Certificate of Authenticity. For these specially designated works only, the Artist agrees not to create reproductions or editions without your written consent. This designation is rare and will be prominently displayed when applicable. 10.3.6 Licensing Requests. If you wish to license reproduction rights or use artwork images for commercial purposes, contact info@artcontinum.com to facilitate an agreement with the Artist. Art Continum may assist in negotiations but is not a party to such licensing agreements. 10.3.7 Digital Watermarks. All artwork images on the Platform are watermarked or digitally protected. Unauthorized removal of watermarks or misuse of images constitutes copyright infringement and may result in legal action.

 

 

 

10.4 Watermarked Images

All images on the Platform are watermarked or otherwise protected. Unauthorized use constitutes copyright infringement.

10.5 DMCA Compliance

Art Continum complies with the Digital Millennium Copyright Act. Copyright infringement claims should be sent to info@artcontinum.com.

 10.6 Resale Royalty Rights (Exclusive Artists Only).

10.6.1 Exclusive Artist Designation. Artist profiles clearly indicate whether an artist is represented under "Exclusive Representation" terms. This designation is prominently displayed on the artist's profile page and artwork listings. 10.6.2 Resale Royalty Obligation. For artworks purchased from Exclusive Represented Artists (clearly marked as "Exclusive Representation" on artist profiles), if you resell the artwork through any channel (private sale, auction house, gallery, or any other means), you agree to: (a) Pay the original Artist five percent (5%) of the gross resale price within thirty (30) days of completing the resale transaction. (b) Notify Art Continum at info@artcontinum.com and the Artist in writing within thirty (30) days of the resale, providing: • Sale price • Buyer contact information • Date of sale completion • Proof of sale (if available) (c) Remit payment to Art Continum for forwarding to the Artist, or pay the Artist directly with proof of payment provided to Art Continum. 10.6.3 Continuing Obligation. This resale royalty obligation runs with the artwork for its lifetime and applies to all subsequent owners. By purchasing an artwork from an Exclusive Represented Artist, you agree to: • Inform any future buyer of this continuing resale royalty obligation • Include this obligation in any bill of sale or transfer documents • Ensure the resale royalty continues to be paid on all future resales 10.6.4 Non-Exclusive and Marketplace Artists. Works purchased from Non-Exclusive Representation Artists or Marketplace Artists are NOT subject to any resale royalty obligation. These works may be resold freely without any payment obligation to the Artist or Platform. 10.6.5 Certificate of Authenticity Notation. All Certificates of Authenticity for Exclusive Artist works will include notation of the resale royalty obligation to ensure all parties are informed. 10.6.6 Enforcement. While Art Continum will make reasonable efforts to facilitate resale royalty payments, enforcement of this obligation in secondary market transactions may be limited. However, this is a contractual obligation that runs with the artwork, and breach may result in legal action by the Artist or Platform. 10.6.7 No Retroactive Application. This resale royalty obligation does not apply retroactively to purchases made before the effective date of this provision.

 

 10.7 Editorial content rights

All Stories and News content, including text, photographs, videos, and interviews, are protected by copyright and owned by The Akari Group LLC unless otherwise indicated. Users may not: Reproduce, republish, or redistribute Stories or News content without written permission,  use editorial content for commercial purposes remove attribution, or copyright notices from editorial content, create derivative works based on Platform editorial content.

Sharing links to Stories or News articles via social media or personal communication is permitted.

 

 10.8 Featured Artists in Editorial Content

Artists featured in Stories or News content retain all rights to their artwork. Art Continum's use of artist images in editorial content is for journalistic and informational purposes and does not transfer any reproduction rights to Platform users.

 

 10.9 third-party content editorial

Stories and News may feature interviews, photographs, or content from artists, collectors, cultural practitioners, and partners. All featured content is used with explicit permission. Third parties featured in editorial content do not transfer any rights to Platform users.

 

 

 

11. WARRANTIES & DISCLAIMERS

11.1 As-Is Sale

All artwork and items are sold "AS IS" without warranties of any kind, express or implied, except as required by law.

11.2 No Investment Guarantee

Art Continum makes no representations regarding the investment value, future appreciation, or resale potential of any artwork. Art purchases should be made for aesthetic and cultural enjoyment, not financial speculation.

11.3 No Artist Success Guarantee

Art Continum does not guarantee the future career success, market recognition, or value appreciation of represented artists.

11.4 Condition Representations

Artwork condition is described to the best of Art Continum's knowledge. Natural variations, patina, and minor imperfections consistent with the medium and age of the work are expected.

11.5 Website Availability

Art Continum does not guarantee the Platform will be available at all times or free from errors, viruses, or interruptions.

 

11.6 Editorial Content Accuracy

While Art Continum strives for accuracy in Stories and News content, we do not warrant that all information is complete, current, or error-free. Editorial content represents the Platform's perspective and interpretation at the time of publication.

 

 

12. LIMITATION OF LIABILITY

12.1 Maximum Liability

Art Continum's total liability for any claim arising from or relating to the Platform or a purchase shall not exceed the purchase price paid by the buyer for the specific item in question.

12.2 Excluded Damages

Art Continum is not liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.

12.3 Third-Party Services

Art Continum is not liable for the actions, errors, or omissions of third-party service providers including but not limited to payment processors, shipping couriers, or insurance companies.

12.4 Direct Artist Dealings

Art Continum is expressly not liable for any disputes, damages, fraud, or issues arising from buyers contacting artists directly outside the Platform's official channels.

12.5 Force Majeure

Art Continum is not liable for delays, non-performance, or damages caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, government actions, or courier failures.

 

12.6 Editorial Content Liability 

 Art Continum is not liable for decisions made based on information presented in Stories or News content. Editorial content is provided for informational and cultural purposes only.

 

 

13. INDEMNIFICATION

Buyers agree to indemnify, defend, and hold harmless The Akari Group LLC, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from:

  • Breach of these Terms
  • Violation of any law or third-party rights
  • Misuse of the Platform
  • Fraudulent or abusive conduct
  • Comments or user-generated content you post on the Platform

 

14. FRAUD PREVENTION

14.1 Right to Refuse

Art Continum reserves the right to refuse or cancel any order at any time for any reason, including but not limited to:

  • Suspected fraudulent transactions
  • Unusual order patterns
  • Incorrect or incomplete information
  • High-risk shipping destinations

14.2 Payment Verification

Art Continum may request additional verification for high-value purchases, including but not limited to identity confirmation, payment method verification, or shipping address validation.

14.3 Address Verification

Art Continum may verify shipping addresses to prevent fraud. Orders shipping to unverified addresses may be delayed or cancelled.

 

15. PRIVACY & DATA PROTECTION

15.1 Data Collection

Art Continum collects personal information necessary to process orders, including name, email, shipping address, and payment details.

15.2 Data Use

Personal information is used solely to fulfill orders, provide customer service, and send transactional communications (order confirmations, tracking updates).

15.3 Data Security

Art Continum implements reasonable security measures to protect personal information but cannot guarantee absolute security.

15.4 Third-Party Processors

Payment processing may be handled by third-party services (e.g., Stripe, PayPal). These services have their own privacy policies.

15.5 No Marketing

Art Continum will not use buyer information for marketing purposes without explicit consent.

 

15.6 editorial updates

With explicit consent, Art Continum may send curated updates about Stories, News, cultural events, and platform announcements. Users may unsubscribe at any time. These communications are informational, not promotional.

  

16. MODIFICATIONS TO TERMS

Art Continum reserves the right to modify these Terms at any time. Changes will be posted on the Platform with an updated "Last Updated" date. Continued use of the Platform after modifications constitutes acceptance of the updated Terms. Material changes will be communicated via email to recent buyers.

 

17. GOVERNING LAW & DISPUTE RESOLUTION

17.1 Governing Law

These Terms are governed by the laws of Ghana without regard to conflict of law principles.

17.2 Jurisdiction

The Akari Group LLC submits to the jurisdiction of Ghana for purposes of these Terms.

17.3 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in Accra, Ghana under the Ghana Arbitration Act before any court proceedings.

17.4 Arbitration Process

  • Arbitration administered by the Ghana Arbitration Centre or mutually agreed arbitrator
  • Arbitration costs split equally between parties
  • Arbitrator's decision is final and binding
  • Each party bears its own legal fees

17.5 Class Action Waiver

Disputes must be brought on an individual basis. Class actions, class arbitrations, or representative actions are not permitted.

 

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms constitute the entire agreement between buyer and Art Continum regarding use of the Platform and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

18.3 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision.

18.4 No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms.

18.5 Language

These Terms are provided in English. In the event of any translation, the English version prevails.

18.6 Electronic Communications

All notices, agreements, and communications via email are deemed valid and binding.

18.7 Assignment

Buyers may not assign rights or obligations under these Terms. Art Continum may assign these Terms upon business sale or transfer.

 

19. Comments & user-generated content

 19.1 Commenting Features Art Continum may offer commenting features on Stories and News content to foster community dialogue around African art and culture. Commenting is a privilege, not a right, and may be disabled at any time. 19.2 User Conduct in Comments Users who post comments agree to: Engage respectfully with artists, cultural practitioners, and other community members Refrain from harassment, hate speech, discriminatory language, or personal attacks Not post spam, promotional content, or commercial solicitations Not share false information or impersonate others Respect cultural sensitivities, particularly regarding traditional practices and sacred objects Not post content that violates intellectual property rights or privacy Not use comments to arrange transactions outside the Platform 19.3 Prohibited Content The following content is strictly prohibited and will be removed: Hate speech, racism, sexism, or discrimination of any kind Harassment, threats, or abusive language Sexually explicit or graphic violent content Spam, advertisements, or commercial promotions False claims about artists, artworks, or Platform operations Doxxing or sharing others' private information Content that violates any law or regulation 19.4 Moderation Rights Art Continum reserves the absolute right to: Monitor, review, edit, or remove any comment at any time for any reason Disable commenting on specific Stories or News articles Suspend or ban users who violate comment guidelines Remove comments without notice or explanation Implement automated filters to prevent prohibited content Art Continum is under no obligation to pre-screen comments but reserves the right to do so. 19.5 No Endorsement Comments represent the views of individual users, not Art Continum. The Platform does not endorse, verify, or take responsibility for user-generated content. The presence of a comment does not constitute Platform approval of its contents. 19.6 Intellectual Property in Comments By posting a comment, you grant Art Continum a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and display your comment in connection with the Platform. You retain ownership of your comment but grant these usage rights to Art Continum. You represent and warrant that: Your comment is original or you have rights to post it Your comment does not violate any third-party rights You have authority to grant the above license 19.7 User Liability for Comments Users are solely responsible for their comments. By posting, you agree to indemnify and hold harmless The Akari Group LLC from any claims, damages, or expenses arising from your comments, including but not limited to defamation, copyright infringement, or privacy violations. 19.8 No Guarantee of Preservation Art Continum does not guarantee that comments will be preserved or remain accessible. Comments may be deleted, archived, or lost due to technical issues, moderation, or Platform updates. 19.9 Reporting Violations Users may report comments that violate these guidelines to info@artcontinum.com. Art Continum will review reports but is not obligated to remove content or respond to every report. 19.10 Removal Does Not Imply Liability Art Continum's removal of a comment does not constitute an admission that the content was unlawful, defamatory, or otherwise problematic. Removal decisions are made at Platform's sole discretion. 19.11 Third-Party Disputes Art Continum is not responsible for disputes between users arising from comments. Users must resolve such disputes directly. 19.12 Changes to Comment Features Art Continum may modify, suspend, or terminate commenting features at any time without notice.

 

20. CONTACT INFORMATION

For questions, concerns, or disputes regarding these Terms or any purchase:

Art Continum
Operated by The Akari Group LLC
Email: info@artcontinum.com
Phone (Ghana): +233 55 138 7800
Phone (US): +1 (302) 257 6061

 

Mailing Addresses:

Ghana:
Independence Avenue, Ridge
Mövenpick Ambassador Hotel Accra
Presidential Floor
Accra, Ghana

 

United States:
1111B S Governors Ave STE 40422
Dover, DE 19904
United States

 

21. ACKNOWLEDGMENT

By using the Art Continum Platform, making a purchase, or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

 

© 2025 The Akari Group LLC. All rights reserved.
Art Continum is operated by The Akari Group LLC.

END OF TERMS OF SERVICE