By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, solicitors, readers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
1. ARTSHOP is a Venue
ARTSHOP acts as a venue to allow users who comply with ARTSHOP’s policies to offer, sell and buy certain handmade goods within a fixed-price format. ARTSHOP is not directly involved in the transaction between buyers and sellers. As a result, ARTSHOP has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ARTSHOP does not pre-screen users or the content or information provided by users. ARTSHOP cannot ensure that a buyer or seller will actually complete a transaction. It is also a venue to post writing material. Again, ARTSHOP has no control over the quality, safety, morality or legality of any aspect of the articles posted, or their truth or accuracy.
Consequently, ARTSHOP does not transfer legal ownership of items from the seller to the buyer.
ARTSHOP cannot guarantee the true identity, age, and nationality of a user. You may wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that ARTSHOP is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on ARTSHOP. You use the ARTSHOP service at your own risk.
2. Membership Eligibility
Age: ARTSHOP services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ARTSHOP may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use ARTSHOP services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by ARTSHOP’s policies as stated in the Agreement and the ARTSHOP policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ARTSHOP, each of which is incorporated herein by reference and each of which may be updated by ARTSHOP from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by ARTSHOP from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Location: ARTSHOP is an online space for local artists and designers. Therefore, the buyer agrees that submitting items for sale is a claim of living in the city for which the website was created. ARTSHOP is not responsible for shipping costs or misunderstandings with the sellers’ location.
Right to Refuse Service: ARTSHOP’s services are not available to temporarily or indefinitely suspended ARTSHOP members. ARTSHOP reserves the right, in ARTSHOP’s sole discretion, to the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Browsing on ARTSHOP is free. ARTSHOP charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. ARTSHOP also charges a fee for listing a commission request, and submitting and article. ARTSHOP’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for ARTSHOP’s services are effective after ARTSHOP provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, ARTSHOP may choose to temporarily change the Fees Policy and the fees for ARTSHOP’s services for promotional events (for example, free listing days); such changes are effective when ARTSHOP posts the temporary promotional event on the Site. ARTSHOP may, at ARTSHOP’s sole discretion, change some or all of ARTSHOP’s services at any time. In the event ARTSHOP introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using ARTSHOP. ARTSHOP keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If ARTSHOP fees cannot be completed for any reason, you remain obligated to pay ARTSHOP for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or prohibition of the service and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact the ARTSHOP.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ARTSHOP’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your ARTSHOP listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. If the item listed is sold outside of ARTSHOP, is responsibility of the seller to report it immediately.
Sales Outside of ARTSHOP: The user is free to sell the listed items outside of ARTSHOP services, unless the buyer has contacted him thanks to our services provided. If a buyer uses information on ARTSHOP’s website to buy from the seller. The seller is responsible of paying the commission percentage as stated in our Fees Policy. If the contact was not made through ARTSHOP’s website, the seller should report the sale of the listed object immediately.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding ARTSHOP transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Release of Payment: After a sale is made, the seller agrees to receive his payment after the buyer confirmed the receipt of the product. It is responsibility of the buyer to confirm receipt as soon as possible.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to ARTSHOP and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on ARTSHOP.
Restricted Activities: Your Content and your use of ARTSHOP shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, The ARTSHOP’s Copyright and Intellectual Property Policy)
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Conduct a sale outside of ARTSHOP if the contact was made through the website, failing to pay the commission percentage.
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ARTSHOP staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack ARTSHOP or modify another website so as to falsely imply that it is associated with ARTSHOP;
Appear to create liability for ARTSHOP or cause ARTSHOP to lose (in whole or in part) the services of ARTSHOP’s ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on ARTSHOP.
Re-Posting Content: By posting Content on ARTSHOP, it is possible for an outside website or a third party to re-post that Content. You agree to hold ARTSHOP harmless for any dispute concerning this use. If you choose to display your own ARTSHOP-hosted image on another website, the image must provide a link back to its listing page on ARTSHOP.
Idea Submissions: ARTSHOP considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and ARTSHOP shall not be liable for the disclosure or use of such Material. If, at ARTSHOP’s request, any member sends Material to improve the site (for example through the Forums or to customer support), ARTSHOP will also consider that Material to be non-confidential and non-proprietary and ARTSHOP will not be liable for use or disclosure of the Material. Any communication by you to ARTSHOP is subject to this Agreement. You hereby grant and agree to grant ARTSHOP, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
ARTSHOP does not control the Content provided by users that is made available on ARTSHOP. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using ARTSHOP, you agree to accept such risks and that ARTSHOP (and ARTSHOP’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ARTSHOP. Please use caution, common sense, and practice safe buying and selling when using ARTSHOP.
Other Resources: ARTSHOP is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ARTSHOP does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ARTSHOP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and ARTSHOP, please contact The ARTSHOP.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Bexar County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and ARTSHOP agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release ARTSHOP(and ARTSHOP’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ARTSHOP encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
ARTSHOP, for the benefit of users, may try to help users resolve disputes. ARTSHOP does so in ARTSHOP’s sole discretion, and ARTSHOP has no obligation to resolve disputes between users or between users and outside parties. To the extent that ARTSHOP attempts to resolve a dispute, ARTSHOP will do so in good faith based solely on ARTSHOP’s policies. ARTSHOP will not make judgments regarding legal issues or claims.
9. ARTSHOP’s Intellectual Property
ARTSHOP, and other ARTSHOP graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of The ARTSHOP in the U.S. and/or other countries. ARTSHOP’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
ARTSHOP may contain robot exclusion headers which contain internal rules for software usage. Much of the information on ARTSHOP is updated on a real-time basis and is proprietary or is licensed to ARTSHOP by ARTSHOP’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access ARTSHOP for any purpose whatsoever. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in ARTSHOP’s sole discretion, an unreasonable or disproportionately large load on ARTSHOP’s infrastructure
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass ARTSHOP’s robot exclusion headers or other measures ARTSHOP may use to prevent or restrict access to ARTSHOP
Without limiting any other remedies, ARTSHOP may, without notice, and without refunding any fees, delay or immediately remove Content, warn ARTSHOP’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
ARTSHOP, ARTSHOP’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTSHOP’S SUPPLIERS PROVIDE ARTSHOP’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTSHOP, ARTSHOP’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTSHOP’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTSHOP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL ARTSHOP, AND (AS APPLICABLE) ARTSHOP’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTSHOP’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTSHOP’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ARTSHOP’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTSHOP’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ARTSHOP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ARTSHOP AND (AS APPLICABLE) ARTSHOP’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
ARTSHOP does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ARTSHOP’s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ARTSHOP service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on ARTSHOP’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and ARTSHOP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. ARTSHOP Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (ARTSHOP’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 17 (Severability), 18 (No Agency), 19 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to ARTSHOP; Attn: Legal Department; 4330 Spectrum One # 2107 San Antonio, Texas (in the case of ARTSHOP) or, in your case, to the email address you provide to ARTSHOP(either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ARTSHOP may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ARTSHOP. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in ARTSHOP’s Copyright and Intellectual Property Policy.
The services hereunder are offered by The ARTSHOP located at 4330 Spectrum One San Antonio, Texas 78230. If you are a Texas resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: January 2, 2012