SF Camerawork Benefit Auction 2021: Terms and Conditions of Sale
*(as of September 17, 2021)
San Francisco Camerawork, Inc. (“SF Camerawork” or “we” or “us”) hereby sets forth the Terms and Conditions of the Sale of works (“Terms and Conditions”) in the San Francisco Camerawork Benefit Auction 2021 (the “Benefit Auction”).
The Benefit Auction shall be managed by Art.sy, Inc. d/b/a Artsy (“Artsy”). To register to bid, visit the Benefit Auction 2021 site on Artsy.com, which terms and conditions will also govern online bidding. Notwithstanding the above, non-fungible tokens (“NFTs”) will be for sale via the website Foundation (“Foundation”). To register to bid for NFTs visit foundation.app, which terms and conditions will also govern online bidding. All of Artsy’s or Foundation’s applicable terms and conditions applying to the Benefit Auction and to respective registered bidders are herein incorporated by reference. In the event of any conflict between the terms, those of Artsy or Foundation, as applicable, shall be deemed to control.
San Francisco Camerawork will not directly manage the bidding, nor any operations of the Benefit Auction as they relate to bidding and purchasing works. Therefore, the Benefit Auction catalog is provided solely for informational purposes and may not not be relied upon as definitive for final sale.
The Benefit Auction shall be open for bidding Tuesday, September 14, 2021 at 12pm PDT to Tuesday, September 28, 2020 at 12pm PDT solely via the Artsy platform, except in the case of NFTs, which shall be offered and sold solely on Foundation.
Following the opening of the Benefit Auction, an erratum will be produced, if needed, and any changes will be reflected accordingly as corrections or updates.
Any property may be withdrawn by SF Camerawork, Artsy, or Foundation at any time before the actual sale without any liability therefor.
We make no representation as to the condition of any lot sold, and no reference to imperfection is made in the catalog description. All lots are sold “AS IS.” Prospective purchasers may contact us to request to inspect the property before bidding to determine its condition, and we will grant permission to inspect solely at our discretion.
Following the closing of the Benefit Auction, purchases may be shipped for additional charges at the purchaser’s request. If packing and handling of purchased lots is performed by SF Camerawork, it is performed at the entire risk of the purchaser.
The catalog description includes an estimated price for each lot. These estimates are the approximate prices we expect to be realized. They are not definitive. The name listed at the top of each lot indicates the artist who, in our best judgment, is the author of the work. (No unqualified statement regarding authorship is made or intended.) When one date is given it refers to the date of the negative from which the print was made in the same year or soon thereafter. Some prints show two dates, the first referring to the negative and the second to the print. When the print date is unknown, but assumed later, “printed later” appears following the negative date. Measurements generally refer to image size (sometimes paper size) and are given in inches. The height appears first, followed by the width.
Certain lots are subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Reserves are indicated on the Artsy and Foundation sites. Opening bids are set at the discretion of SF Camerawork. Reserves, if any, have been set at the discretion of SF Camerawork in consultation with the respective artist.
Governing law shall be that of the State of California without regard to conflicts of laws rules. These Terms and Conditions are effective as of the date above and subject to update by change to the online auction catalog.
Additional terms that apply specifically to the NFTs sold on Foundation:
A lot may be or include an NFT (or more than one NFT), and the term “NFT” may be used to refer to any such lot. NFT means a non-fungible token established on a blockchain. “Referenced Content” means with respect to an NFT, the metadata, content, digital asset and/or physical item, if any, to which the NFT relates.
If the featured lot is an NFT, you acknowledge, understand, and agree that
our staff are not information technology or data experts, and that by bidding in the auction of the NFT, you accept that NFTs are subject to inherent technological risks which may affect their performance now or in the future. You further acknowledge and agree that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology is uncertain and undetermined, that your purchase and receipt of the NFT complies with applicable laws and regulations in your jurisdiction, and that new regulations or policies may materially adversely affect the auction or the NFT;
the NFT may be subject to resale royalties through application of the smart contract on any subsequent resales of the NFT. On any such resale by you, you may be obligated to collect and remit to the appropriate party resale royalties as applicable, and you are responsible for any network fees that may apply to such payments as well as any transaction duties imposed by law;
neither we nor the respective NFT artist make any representations or warranties as to the following: (1) whether any Referenced Content is subject to copyright or whether the you acquire any copyrights, including but not limited to, any reproduction rights in any Referenced Content; (2) the nature, character, contents, condition, behavior, operation, performance, security, integrity, metadata, persistence, quality, technical details or terms of the NFT or the Referenced Content, including without limitation any further iterations of the same; (3) that the NFT or Referenced Content or the delivery mechanism for the NFT does not contain viruses or malware or other harmful components, or that either will function as any bidder or buyer expects or without error or mistake; (4) the uniqueness of the Referenced Content; (5) the authenticity of the Referenced Content; (6) that an NFT is reliable, correctly programmed, compatible with your or others’ computer systems, up-to-date, error-free, compatible with your digital wallet or meeting your requirements, or that defects in the NFT can or will be corrected; or (7) the accuracy or reliability of any simulation or videos depicting the intended performance of the NFT or the Referenced Content, whether displayed on our website or on any other platform;
to bid on a lot containing an NFT, prior to bidding, you must have a digital wallet capable of supporting and accepting the NFT;
in order to receive the NFT, you must purchase the NFT through foundation.app/@sfcamerawork, have a digital wallet that is capable of supporting and accepting the NFT, and to which you have access. You understand and acknowledge that not all digital wallets can support storage of a non-fungible token, and that if your wallet does not support storage of the NFT purchased by you, you may lose access to that NFT;
the NFT artist or Foundation will transfer the NFT to the digital wallet that you have specified, after you have met their conditions. You agree that the NFT artist or Foundation may require you to follow a security protocol to ensure that the NFT is safely received by you. The NFT artist or Foundation will transfer the NFT to the wallet address specified by you, and we bear no responsibility for the transfer of the NFT to you or if your wallet fails;
after transfer of the NFT to the digital wallet specified by you, you are thereafter responsible for secure storage of the NFT in the wallet or other storage mechanism you use to receive and/or hold the NFT;
you are solely responsible for any risks associated with the transferring, creating, holding, storing, or use of NFTs or a digital wallet, as applicable, including network failures or disruptions; corrupted wallet files; viruses, phishing, bruteforcing, hacking, security breaches, mining attacks, or other means of attack against the NFT; risk of losing access to the NFT due to loss of private key(s); custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; failure to provide appropriate maintenance (including without limitation hosting); and other unanticipated risks. Neither we nor the NFT artist will be responsible for any such risks or losses;
we will not be liable for any loss related to damage or corruption to the Referenced Content, failure of the NFT to reference the Referenced Content, or loss of, or other security or persistence issues related to, the Referenced Content;
NFTs are not issued, minted or tokenized by us;
we are only the beneficiary of the sale of the NFT and are in no way are we associated with or responsible for any resales or secondary market sales of the NFT or the Referenced Content or any iterations of the same. Any copyright(s) in and to the NFT and Referenced Content remain with the creator(s) thereof, and the purchase of the NFT does not constitute an assignment thereof
transfer of ownership to an NFT will not guarantee continuing access to the Referenced Content to which it relates and you further acknowledge and agree to the risks associated with purchasing, using, transferring, and owning NFTs, as applicable, including, but not limited to, telecommunications, network, server, or blockchain failures, malfunctions, or disruptions; risk of losing access to the NFT due to lost or forgotten private key(s) or password(s) or corrupted wallet files; mis-typed addresses or incorrectly constructed transactions; viruses, phishing, bruteforcing, hacking, security breaches, mining attacks, or other means of cyber-security attack; custodial or buyer error; regulatory interference in one or more jurisdictions; token taxation; personal information disclosure; uninsured losses; and other unanticipated risks.
we shall not be liable for any special, consequential, indirect, incidental or punitive damages, including, as applicable, damages relating to any of the risks or disclaimed attributes set forth herein. In addition to the above, we will not be liable for any loss whatsoever related to damage or corruption to the Referenced Content, failure of the NFT to reference the Referenced Content, or loss of, or other security or persistence issues related to, the Referenced Content.
you have sufficient understanding of NFTs, digital wallets and other storage mechanisms, cryptocurrencies, blockchain technology, and the use, characteristics, functionality, programming, and/or other material characteristics of all of the foregoing, to fully understand and agree to these conditions and the disclaimers and risks outlined herein, or have consulted with professional advisors in relation to the foregoing such that any participation by you in the auction of any NFT constitutes an informed acceptance of such disclaimers and risks.
notwithstanding anything to the contrary herein, with respect to NFTs, any claims to authorship refer solely to the authorship of the NFT itself and not to the authenticity or origin of the Referenced Content.
as tax laws vary from state to state we recommend that questions regarding the application of taxes to NFTs purchased at auction seek tax advice from their tax advisors.
