Terms & Conditions
Please read these Terms of Use carefully before using the Artcraftr.com
website. These Terms set forth the Conditions of your use of the Artcraftr.com
website(s), services and domains provided by Artcraftr.com.
From time to time, Artcraftr.com may amend the Terms of Use. By accessing this site, using any function or service of the site, creating or logging in to an account you are agreeing to these Terms and Conditions.
Artcraftr.com is a virtual venue that allows the Promotion and publication of Art & Craft Shops & Owners also the buying and selling of handmade Craft Supplies & Tools to the general Art & Craft community.
To access and utilize the resources on this site you must be a registered user or comply with the following restrictions: Artcraftr’s services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that ArtCraftr shall not be held responsible for any damages incurred by non-commitment to this policy.
Further, you as either a registered or non-registered user, agree to comply with the TOU of ArtCraftr and decisions of ArtCraftr staff, and shall not act in a manner that hinders or prohibits ArtCraftr from conducting business or damages the integrity of the Community/marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice. Access to a merchant seller account and seller functions requires a verified payment method, contact information and account may require approval by an administrator or Staff member. As part of the Terms of Use, seller account services requires agreement to the fees and billing policy outlined below. It is the sole discretion of ArtCraftr to grant site usage, as well as to revoke site usage at any time, for any reason and without notice. By your use of the site you agree that ArtCraftr is not liable to you or any third party for the termination of your account, or restriction from website usage. ArtCraftr retains the right to refuse service to any member and suspend any users account at its sole discretion.
Shoppers: Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by ArtCraftr.com
Commissions
Joining ArtCraftr as a merchant/Supply Vendor and opening a shop requires confirmed contact information, a verified payment method and requires an Administrator or Staff member Approval. ArtCraftr.com charges a percentage commission of the total sale when items sell through the ArtCraftr platform. Sales commission is assessed on item and shipping and handling charged to the buyer or Vendor respectively. ArtCraftr does not assess a sales commission on sales tax charged to buyers.
Refunds & Credits
Upon request or in certain situations such as canceled or fraudulent transactions, ArtCraftr.com may issue a commission credit back to a merchant.
In cases where a Merchant has requested account cancellation and the deletion of their seller account and data, a refund of any remaining positive balance on their account ledger can be requested and obtained via the last known valid method of payment.
Plans
ArtCraftr.com may offer additional plan packages that include but are not limited to increased inventory space, fewer third party advertisements, reduced commission rates, premium tools and featured site placement.
5. Cancellation / Return of Funds
Due to the nature of our membership service, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. From time to time, we may provide a free time period or other service of value in the form of a credit. The amount and form of such credits, and the decision to award them, are at our sole discretion. The creation or award of credits in certain situations does not entitle a user or other users to any credits in the future for similar instances, nor does it obligate ArtCraftr to award credits in the future.
We may change the fees and charges in effect, or add new fees and charges from time to time at our sole discretion, but we will give you advance notice of these changes by email.
6. Listing and Selling Products
ArtCraftr provides a platform for shoppers and independent merchants to buy and sell goods. Merchants may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at ArtCraftr’s discretion and the user’s account will be evaluated for possible termination. ArtCraftr reserves the right to review, restrict, suspend or terminate a user’s account at anytime without explanation or notice. ArtCraftr reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.
By accessing and using the site merchants warrant that the products that are offering for sale are described accurately and completely.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. ArtCraftr shall not be held liable, nor will ArtCraftr be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification or customization requests and communication.
The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user’s account without permission. Violation of this policy will result in an investigation by ArtCraftr, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by ArtCraftr.com.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller’s local jurisdiction remains the sole responsibility and liability of the seller. ArtCraftr does not collect or make tax payments on any seller’s behalf.
By using the ArtCraftr platform you agree that ArtCraftr.com is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
Independent Shop Policies
All users that choose to open a supply shop are encouraged to create and post a list of policies outlining the specific details for their shop. These policies should include but not be limited to: shipping and handling fees, accepted payment processors, return policy, and selling policies. All shop policies must conform to the policies for acceptable use and privacy set forth by ArtCraftr.com. In the event that shop policies conflict with the TOU of ArtCraftr.com the TOU will supersede any shop policies.
7. Buyer and Seller Transactions
Through the use of the ArtCraftr.com service, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and or services.
Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretence, misrepresentation, and with the intent to commit fraud.
While ArtCraftr takes precautionary measures to ensure the identity and validity of users who sign up electronically to use the site service, we cannot and do not confirm the identity of all parties who use the ArtCraftr.com service. We suggest all users employ common sense, and encourage users to contact ArtCraftr to report any and all suspicious behaviour or misappropriation of the site service.
ArtCraftr does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via [email protected]. ArtCraftr provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOU and decisions made by ArtCraftr.com staff.
For disputes between users and ArtCraftr, please contact ArtCraftr directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.
In the event that a dispute arises between one or more users of the ArtCraftr site or a 3rd party, ArtCraftr will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, ArtCraftr has no obligation to mitigate or resolve disputes between users and other parties. ArtCraftr encourages users to use the proper local, national or international authorities to assist in dispute resolution.
ArtCraftr users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with new found friends and indie business owners. Community space includes all areas where user submitted content is published and available for the public or other users to review or read. These areas include the forums, blogs, messages, comment sections, favourite lists, shop introductions, vacation messages, bios, tutorials and policies.
To ensure that ArtCraftr continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:
- Users must be 18 years of age or older to
participate in the community spaces unless under constant supervision of a
parent or guardian. - Use the ArtCraftr Messaging system to conduct
business or converse with other users privately. Spamming or harassment
via the message system is not allowed. - Respect everyone’s privacy. Don’t share
personally identifying information about yourself, your buyers, or other
users in public areas of the site. - Do not use any of the community spaces or tools
to interfere with or denigrate another user or the ArtCraftr marketplace
in general. - Be respectful and professional. Aggressive,
threatening, harassing, vulgar or hateful language posted in community
spaces is not tolerated.
As a member of the ArtCraftr community, you have the opportunity to flag or report an item or a shop that doesn’t meet these ArtCraftr Community Guidelines. Flagging and reporting behavior that you believe to be damaging to another member or the community in general is handled confidentially.
All users of ArtCraftr.com must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. ArtCraftr will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on ArtCraftr.com. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on ArtCraftr.com.
11. Marketplace Category Guidelines
Products on ArtCraftr.com are currently listed into specific categories based on how the product is made. Your product listing must not misrepresent to buyers the origin or condition of the product. ArtCraftr.com may review and recategorize listings at its own discretion and without notice. Failure to consistently categorize products accurately may result in the restriction of category options available to a user, suspension or removal from the site.
- Firearms
- Explosives
- Dangerous Chemicals
- Any item that which in whole or in part is
subject to a recall. - Stolen Items
- Fireworks
- Adult material, erotica, or pornography inclusive
of any material unsuitable for children under the age of 18. - Drugs
- Alcohol
- Tobacco
- Protected antiquities
- Real estate
- Ivory or animal products from endangered species
collected illegally - Motor vehicles, or parts for motor vehicles or
recreational vehicles - Items that violates Terms of Service or Terms of
Use - Any item or service that violates applicable
local, state, federal, or international law in regard to manufacturing,
distributing, advertising, or transporting said item. - items not in your possession or items you don’t
intend to deliver - Illegal, counterfeit or contraband items of any
sort. - Items, materials or products that is copyrighted,
trademarked or patented by another party. - Pirated materials.
- Replica items, including designer items.
- Personal data or information.
- Items or products that carry or transmit hidden
code or signals with the intention of causing harm or tracking personal or
transactional information of any sort. - Misrepresented items or products.
- Harmful, harassing, intimidating or defamatory
materials, products or items. - Hazardous materials, products, or items.
- Prostitution or other similar services.
- Any product or service that ArtCraftr.com
determines to be inappropriate, harmful, fraudulent, or illegal. - Mature items intended for adults due to language
or imagery that falls outside of the traditional acceptable standards for
broadcast television that are not properly identified as
“mature” in the listing process.
13. Usernames, Account names, Usage, Squatting
and ArtCraftr.com Reserved Rights
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of ArtCraftr.com. ArtCraftr reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by ArtCraftr, ArtCraftr staff, or contractors of ArtCraftr are considered the trademark of ArtCraftr.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of ArtCraftr or its officers, managers, agents and/or staff.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to re-publish said content for the purposes of promoting or providing benefit to the web community and properties of ArtCraftr.
Copyright and Intellectual Property Infringement Policy
ArtCraftr.com uses the following policy to handle all forms of intellectual property infringement in accordance with the Digital Millennium Copyright Act and U.S. intellectual property laws in general. ArtCraftr.com responds to this form of notice from any country or jurisdiction. ArtCraftr.com designated agent can be reached via email at [email protected].
ArtCraftr.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.
Preferred Intellectual Property Infringement Notice Procedure
Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting ArtCraftr.com.
To send a notice of infringement for material residing on ArtCraftr.com that you believe infringes your intellectual property you may send notice to ArtCraftr.com’s Designated Agent via email to [email protected]. Please note the type of intellectual property your notice addresses and include all of the following:
- An electronic or physical signature of the
complaining party or person authorized to act on their behalf. - Identification of the material or works claimed
to be infringed. For patents or trademarks please include a number
sufficient to locate the registration. - Identification of the claimed infringing
materials and information that is reasonably sufficient to locate the
infringing material. For products please include a full url of each
product you claim is infringing. - A statement by the owner that it has a good faith
belief that there is no legal basis for the use of the materials
complained of [512(c)(3)(A)(v)]. - A statement of the accuracy of the notice and,
under penalty of perjury, that the complaining party is authorized to act
on the behalf of the owner [512(c)(3)(A)(vi)]. - Contact information for the notifier including
name of property owner, name of the owner(s) agent contacting ArtCraftr.com
(if applicable), address, telephone number and email address.
Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requestor liable for damages. By submitting a notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. ArtCraftr.com may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying party contact information.
Takedown of Alleged Infringing Material
If a proper notice is received by ArtCraftr.com Designated Agent, items or other material will be taken down pending a response from the user. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.
ArtCraftr.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. ArtCraftr.com will communicate to the affected users after a takedown is executed. Users whose content is removed have 3 business days to respond to the notice with a counter notice. As ArtCraftr.com will forward this response (counter notice) to the claimant, the response should be directed to the claimant and ArtCraftr.com should be copied on that response.
Re-listing items containing the intellectual property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the ArtCraftr.com TOU and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated infringement notices may also constitute grounds for service cancellation.
Preferred Counter Notice Procedure
If a user provides a proper “counter-notice” claiming that the material does not infringe the intellectual property at issue, ArtCraftr.com will inform the notifying party of the individual’s objection. If the property owner does not file for legal action with a court within 14 days, ArtCraftr.com will restore the material to its location on the site.
The User response should include:
- The User name, address, phone number and physical
or electronic signature. - Identification of the material and its location
before removal. - A statement under penalty of perjury that the
material was removed by mistake or misidentification. - Subscriber consent to local federal court
jurisdiction, or if overseas, to an appropriate judicial body.
Claims of fair use, homage, artistic use, or other defences of copyright infringement are the purview of the courts and not sufficient to counter a bona-fide notice of infringement for the application of ArtCraftr.com policy. Failure to provide a counter-notice within 14 business days is taken as agreement to the removal of the material in question and agreement to desist from publishing any content on ArtCraftr.com containing the specific intellectual property identified in the bona-fide notice.
ArtCraftr.com may at its discretion forward the counter-notice and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of ArtCraftr.com
If no counter claim is made, ArtCraftr.com will require and enforce the removal of the material in question. Adding any content to ArtCraftr.com that contains the intellectual property in violation of court order or successful claim of infringement constitutes a violation of the ArtCraftr.com TOU and may result in cancellation of the account.
Transparency in Communications
In an effort to ensure clear communication of the concerns of intellectual property rights holders, ArtCraftr.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to ArtCraftr.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to ArtCraftr.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Designated Agent
Please send all correspondence regarding notices of infringement or counter notices by email to: [email protected]
ArtCraftr.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. ArtCraftr.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. ArtCraftr.com encourages all members to learn about and understand the laws regarding these issues.
A summary of the Digital Millennium Copyright
Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code can be found here: http://www.copyright.gov/title17/92chap5.html
The full text of the Lanham act can be found here: http://www.bitlaw.com/source/15usc/
More government-provided information on copyrights can be found here: http://www.copyright.gov
Many universities maintain useful public information regarding copyrights,
including:http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/
Further Trademark, DMCA and copyright articles, information and resources http://www.tabberone.com/Trademarks/trademarks.html
By registering as an ArtCraftr.com user or accessing the site you hereby agree that:
You use the ArtCraftr.com site and service with the knowledge that it is at your own risk. The website and service are provided “as is” and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.
ArtCraftr and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the ArtCraftr site and services.
No advice, communication or other information provided by ArtCraftr and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty or guarantees.
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
17. Limitation of Liability and Compensation
By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to ArtCraftr.com for services.
By executing any transaction or viewing or using any portion of this site you agree to hold harmless ArtCraftr.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.