Esrac Art Policy | Terms

Terms and Conditions

By creating an account and using this platform, you confirm that you have read, understood, and accepted the following documents:

  1. Terms of Use
  2. Internal Policies
    1. Selling and Auction Policy
    2. Shipping Policy
    3. Payment Policy
    4. Return Policy
    5. Resale Royalty Right Policy
    6. Terms of Use and Privacy
    7. Code of Ethics and Conduct
  3. Selling and Auction Terms (see Detailed Policy)
  4. Code of Conduct Principle
  5. Privacy Terms
  6. Data Protection Terms
  7. Complaints and Feedback Terms

1. Terms of Use

Who We Are and How to Contact Us

This website and domain are owned and operated by César Ramos (@Esrac), a multidisciplinary artist (painting, photography and music), who is accountant, auditor and real estate broker in Brazil. The domain was registered on 2023-09-18 for an initial period of 10 years. César Ramos also operates all transactions under the legal entity CÉSAR RAMOS LTDA, registered in Brazil under CNPJ 17.688.279/0001-40, with its registered office located in São Paulo, Brazil. For any questions regarding these Terms or how we handle your data, you can contact us at: 👉 dm@esrac.art

About the Platform

The platform acts as a unified art ecosystem, encompassing: (i) the Primary Market for artworks by César Ramos (artist known as @ESRAC); (ii) a Secondary Market hub for provenance tracking and resale facilitation; and (iii) a Social Network for community engagement. These Terms may be updated at any time without prior notice. It is your responsibility to review this page periodically to check for updates.

User Roles and Platform Features

@ESRAC.ART is designed to serve as a community. Below, we outline the specific functionalities.

For Collectors (Buyers)

Collectors can discover unique artworks.

  • Artwork Acquisition: Browse and acquire artworks.
  • Auction Participation: Participate in online and private auctions for artworks. The platform is not a public auction house or an official auctioneer service.
  • Direct Negotiation: Engage in private negotiations with other art collectors.

For Art Lovers & Community Members

Art Lovers can immerse themselves in the art world and connect with like-minded individuals.

  • Community Access: Access and participate in all community features and forums.
  • Member Directory: Utilize the member directory to connect with other art enthusiasts.
  • Educational Content: Access any free educational content or resources provided on the platform.
  • Restricted Areas: Access membership restricted areas, as per their membership level.

Terms of Use

  • Accurate information: You agree to provide truthful and accurate information when registering and using your profile. False, misleading, or fraudulent information may result in the suspension or termination of your account.
  • Personal use: The account is strictly for the personal use of the user alone. The user is forbidden to cede, transfer or sublicense his/her rights as a user to anyone whatsoever. The user may not allow other persons to use his/her account, password and username. You are responsible for keeping your profile information up to date.
  • 18 Years: You must be at least 18 years old to use this platform.
  • Limitation of responsibility: @ESRAC.ART is not liable for any lost data resulting from the operation of the Site, provision of Services, and/or the enforcement of the Terms.
  • Brazilian Law: This contract is subject to Brazilian law, shall come into effect on the date it is first accepted, and remain in force until the closure of the account.

Site Content

  • Policies and Terms: This platform is designed to foster a vibrant community around art. Your engagement with all features is governed by our Usage Policies.
  • Content: All content available on @ESRAC.ART, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of @ESRAC.ART or its content suppliers and is protected by Brazilian and international copyright laws. The compilation of all content on this site is the exclusive property of @ESRAC.ART.
  • Users: Users may submit, post, display, or transmit content to the platform, including but not limited to artwork, descriptions, comments, and profile information (“User-Generated Content”). You retain all rights in, and are solely responsible for, the User-Generated Content you post to @ESRAC.ART. By posting User-Generated Content, you grant @ESRAC.ART a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User-Generated Content on @ESRAC.ART for the purposes of operating, developing, providing, and using the platform. This license ends when you delete your User-Generated Content or your account, unless your content has been shared with others, and they have not deleted it.
  • Ethical behavior: By using @ESRAC.ART, you agree to uphold ethical behavior and respect all members. We expect you to contribute positively to our community. You are responsible for ensuring that any User-Generated Content you post adheres to our Code of Conduct and does not violate any laws or third-party rights. @ESRAC.ART reserves the right to remove any User-Generated Content that violates these terms or is otherwise objectionable, in its sole discretion, and may terminate a user’s access to the platform for such violations.
  • Confidentiality: Please be aware that all internal platform information is confidential and should not be shared externally. While @ESRAC.ART strives to ensure the accuracy of content, we do not warrant or guarantee the accuracy, completeness, or usefulness of any information presented by other users or third parties. Any reliance you place on such information is strictly at your own risk.
  • “As seen”: All information in the @ESRAC.ART databanks is provided “as seen” and @ESRAC.ART offers no express or implied guarantee as to the content of this information which has been collected and collated from other pre-existing elements which may themselves contain errors.

2. Internal Policies

Our operations are guided by a strict legal and ethical framework. We encourage you to read our internal policies that are part of our terms and conditions.

  1. Selling and Auction Policy
  2. Shipping Policy
  3. Payment Policy
  4. Return Policy
  5. Resale Royalty Right Policy
  6. Terms of use and Privacy
  7. Code of Ethics and Conduct

3. Selling and Auction Terms

Primary Sale, Artwork Status, Certificates, Provenance, Pricing and Resale rights (Droit de Suite)

Provenance & Resale Rights (Droit de Suite): To ensure the authenticity and market value of artworks by César Ramos (@ESRAC), the platform maintains a proprietary Provenance Database.

  • Primary Sales (Primary market): Upon a successful primary sale, @ESRAC will issue a Certificate of Authenticity (CoA) to the new owner of the artwork. The artwork will be listed in our catalog of artworks with the status “Sold”. The Owner’s Certificate Reference code will be visible in the listing of the artwork to guarantee the authenticity of ownership.
  • Artwork Status: All artworks by @ESRAC will be listed in the artist catalog with a status: in progress, not for sale, available for sale, sold, open to offers and private collection.
    • In progress: Artwork currently being created by @ESRAC. It is not yet available for acquisition, but users may follow its development through the social network features.
    • Not for sale: Completed artwork that is part of the artist’s permanent archive or reserved for exhibitions. It is not available for purchase at this time.
    • Available for sale: Completed artwork available for Primary Sale directly from the artist’s studio. Pricing is set by @ESRAC.
    • Donated by artist: Completed artwork has been donated by the artist.
    • Sold: Artwork is in the secondary market. Last transaction Price and Owner’s Certificate Reference code are listed.
    • Open to Offers: Artwork that is in the Secondary Market. By default, last transaction Price and Owner’s Certificate Reference code are listed. The actual owner that is interested in receiving offers may request us to change the status of the artwork from “Sold” to “Open to offers”. Offers do not guarantee the sale. Sellers are solely responsible for any tax obligations arising from capital gains in secondary transactions.
    • Private Collection: Artwork is in the secondary market. The current owner does not wish to sell the artwork. By default, last transaction Price and Owner’s Certificate Reference code are listed. The owner may request us to change the status from “Sold” to “Private Collection”. Note that some artworks in the secondary market may have been donated by the artist and therefore do not have transaction price yet.
    • Lost: Artwork is in the secondary market. The actual owner has lost his artwork. Any resale of that artwork is illegal.
  • Provenance: The listing of the actual Owner’s Certificate Reference code in our catalog guarantees the authenticity of the Certificate of Authenticity.
  • Secondary Sales (Secondary market): Users agree that any resale of @ESRAC artworks facilitated through the platform’s networking features (Chat, DM, Forum) or not, is subject to a 5% resale right (droit de suite) as per Brazilian Law (Art. 38, Law 9.610/98).
  • Certification: Upon a successful secondary sale by the current owner with a new buyer and payment of the applicable fees, @ESRAC will void the previous Certificate of Authenticity and issue a new, updated Certificate to the new owner. Only artworks recorded in our database with an active certificate are recognized as ‘Platform Validated’.
  • Pricing listing:
    • In the primary market, pricing is defined by the artist when the artwork is available for sale.
    • In the secondary market, only historical transaction prices are listed in the catalog. Pricing required by the actual owner of the artwork will not be listed. The description of the artwork include details of all successive transactions, certificates codes and transaction prices.

Invoices

Brazilian invoice related to your private acquisition of artworks by @ESRAC (César Ramos) will be issued by César Ramos Ltda.

Online Art Auctions

  • The platform allows collectors to acquire artworks by César Ramos (@ESRAC) during online auctions.
  • All auctions are online and private sales between @ESRAC and members. The platform is not a public auction house.
  • After an auction ends or a private negotiation occurs, the selling process is performed manually by @ESRAC. Delivery will occur after full payment is received.
  • The artist (@ESRAC) reserves the right to cancel any auction or bid in case of technical failure or suspected fraud.

4. Code of Conduct Principle

Principles:

  • Respect copyright and intellectual property rights of other members.
  • Do not share, upload, or distribute any content that infringes copyrights or violates laws.
  • Harassment, hate speech, offensive behavior, or illegal activities are strictly prohibited.
  • This platform is a space for creativity, collaboration, and ethical conduct.
  • If you do not agree with any of our terms and policies, including those outlined in this “Site Content” section, you must delete your account immediately. Your continued use signifies your full acceptance.

Read and accept our Code of Ethics and Conduct.

5. Privacy Terms

  • We respect your privacy. Your personal data will not be shared with third parties without your explicit consent, unless required by law.
  • Registration data is confidential. We do not sell or share user data.
  • We do not collect browsing data beyond what is necessary for website functionality (such as login, session management, and security cookies).
  • Your contact information may be used to send notifications related to your account or platform updates.

6. Data Protection Terms

  • Security: We adopt strong security measures to protect your data from unauthorized access, modification, disclosure, or destruction.
  • Brazilian LGPD: Our processes comply with international data protection standards, including Brazil’s LGPD (Lei Geral de Proteção de Dados pessoais Lei nº13709).
  • Personal data: All personal data is collected voluntarily with user consent and securely stored.
  • Full control: Users have full control over their personal information, with rights to update or request removal at any time by contacting us. User account may be deleted at any time (Members/My account/Delete Account).
  • No Data monetization: We do not use cookies for advertising. We do not monetize your data in any form.
  • Encryption: All connections and Data backups are encrypted (SSL/HTTPS).

7. Complaints and Feedback Terms

  • We value your feedback and are committed to resolving any issues quickly and fairly.
  • You can send complaints, suggestions, or questions using the Contact Form on the website or via email: dm@esrac.art.
  • We aim to respond to all inquiries as soon as possible and improve the platform based on community feedback.

Acceptance of Terms

If you do not agree with these Terms and Policies, please do not proceed with account registration or use of the platform.

By creating an account, you declare: “I have read, understood, and accepted the Terms and Policies of the @ESRAC.ART platform.”

This document establishes clear guidelines for the responsible, ethical, and secure use of @ESRAC.ART. We encourage all users to read and understand these terms before participating in our community.

Version 1.6 | São Paulo, Brazil | 28/08/2026.

IP: 216.73.216.206