Terms

Terms and Conditions – Esrac.art

Welcome to Esrac.art

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. Code of Conduct
  3. Privacy Policy
  4. Data Protection Policy
  5. Complaints and Feedback Policy

Who We Are and How to Contact Us

This website and domain are owned and operated by César Ramos (Esrac), a multidisciplinary artist, licensed accountant, auditor, and real estate broker in Brazil. The domain was registered by César Ramos on 09/18/2023 for 10 years (Check). César Ramos also operates under the legal entity CÉSAR RAMOS & CIA 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

Esrac.art is an independent platform designed to connect artists, collectors, and art enthusiasts worldwide.

The platform functions as a social network, online art marketplace, and private auction tool.

  • This is not a public auction house or an official auctioneer service.
  • César Ramos acts as an independent art broker and intermediary in sales and auctions, based on non-exclusive brokerage agreements.

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 a diverse community. Below, we outline the specific functionalities and opportunities available to each user profile:

For Artists (Including Art Partners)

Artists on Esrac.art can showcase their talent and connect with a global audience.

  • Portfolio Display: Create and manage a personal profile to display your artworks.
  • Community Engagement: Participate in forums, groups, and direct messaging with other members.
  • Listing Artworks (General Artists): Artists may list artworks for sale or auction on the platform. In such cases, César Ramos (Esrac) acts as an independent intermediary (art broker) under a non-exclusive brokerage contract. Commission terms and conditions are detailed in the specific brokerage agreement, which will be presented before any listing or sale.
  • Special Privileges for Esrac’s Art Partners: Artists who establish an “Art Partnership” with Esrac (César Ramos), as defined by a separate contractual agreement, may list their artworks on the platform free of charge under the terms of their partnership. These partners benefit from a direct and integrated production and sales model with Esrac.

For Collectors

Collectors can discover unique artworks and participate in a curated marketplace.

  • Artwork Acquisition: Browse and acquire artworks listed by Esrac and other artists.
  • Auction Participation: Participate in online and private auctions for artworks. All auctions are online and private sales between members. The platform is not a public auction house or an official auctioneer service.
  • Direct Negotiation: Engage in private negotiations with sellers for listed artworks.
  • Assistance with Sales Process: After an auction ends or a private negotiation occurs, Esrac will assist both parties in arranging payment and delivery.

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, including the chat system, social network functionalities (friends, groups), internal app for private messaging, 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

  • You agree to provide truthful and accurate information when registering and using your profile.
  • 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.
  • False, misleading, or fraudulent information may result in the suspension or termination of your account.
  • You are responsible for keeping your profile information up to date.
  • You must be at least 18 years old to use this platform.
  • 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.
  • 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

  • Welcome to Esrac.art! This platform is designed to foster a vibrant community around art. Here, you’ll find a chat system, an auction system, social network features (friends, groups), internal app for private messaging, a membership restricted area, a forum, and a member directory. Your engagement with all these features is governed by our Usage Policies.
  • 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 may submit, post, display, or transmit content to the Esrac.art 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.
  • 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.
  • 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.
  • All information in the Esrac.art.br databanks is provided ‘as seen’ and Esrac 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.

Code of Conduct

  • 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.

Privacy Policy

  • 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.

Data Protection Policy

  • We adopt strong security measures to protect your data from unauthorized access, modification, disclosure, or destruction.
  • Our processes comply with international data protection standards, including Brazil’s LGPD (Lei Geral de Proteção de Dados pessoais Lei nº13709).
  • All personal data is collected voluntarily with user consent and securely stored.
  • Users have full control over their personal information, with rights to update or request removal at any time by contacting us.
  • We do not use cookies for advertising. We do not monetize your data in any form.
  • All connections are encrypted (SSL/HTTPS). Data backups are encrypted and stored securely.

Art Brokerage and Auctions

  • The platform allows collectors to acquire Esrac’s artworks or other artworks during auctions.
  • The platform allows also other artists to list artworks for sale or auction. In that case, César Ramos (Esrac) acts as an independent intermediary (art broker) under a non-exclusive brokerage contract.
  • All auctions are online and private sales between 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 parties and Esrac will assist both parties in arranging payment and delivery.
  • Commission terms and conditions are detailed in the brokerage contract, which will be presented before any listing or sale. These contracts are elaborated by Esrac, prior to any listing.
  • Artists are always free to sell their artworks elsewhere, there is no exclusivity required to participate to the platform, except during the auction period.

Invoices

Any Brazilian invoice issued related to your private auction acquisition or any other service provided by the platform like intermediation services of artworks provided by Esrac (César Ramos) will be issued by César Ramos & Cia Ltda.

Complaints and Feedback Policy

  • 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 1.3 | São Paulo, Brazil | June 18th, 2025 – 09:00 AM.

IP: 216.73.216.241