Artsy Lane Terms of Service
These Terms of Service were last updated on March 22, 2018.
Welcome to Artsy Lane! We have adopted the following Terms of Service which govern your relationship with us and provide important information about your legal rights (“Terms”).
The Terms are a legally binding contract between you and Artsy Lane.
Please note that Section 8, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
Artsy Lane is the premier marketplace for art teachers, artists, makers, and anyone who craves creativity. But it’s so much more. It’s a community of like-minded creators. Of people who make things and want to share their creations with the world.
Users of the marketplace include members who have registered for an Artsy Lane account (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”).
To use many aspects of our Services, you’ll be asked to become a Member.
When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.
We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.
If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.
If your Account has been closed by Artsy Lane, you are no longer eligible to be a Member of our community.
1.2 Membership Fees & Payouts
Purchases. All Members will be charged, in U.S. Dollars, the price listed at checkout which may include taxes or fees. Members are solely responsible for any other taxes, fees, or other costs they may incur by making a purchase from our Services.
“Fees” may include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per project sold (“Transaction Fees”).
The Fees and Payout Rates for each Seller Membership are incorporated as part of these Terms.
We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Payout Rates associated with each Membership at any time.
Payouts will occur through PayPal Mass Payments. As a seller, you will be required to establish a PayPal account in order to receive payments. Payouts will automatically happen on the 1st of every month, direct into the sellers PayPal account.
Fee Structure for Basic Sellers:
- Membership Fee
- Payout Rate
- 100% to seller
- Transaction Fees
- 0.00 cents/project
- The PayPal payment Fees: 2% of the transaction CAPPED at $1.00 per individual payment each time you are paid
1.3 Refund Policy
All of the projects you purchase at Artsy Lane are delivered electronically. Once we make a project available to you and you have downloaded it, it can’t be returned or refunded.
However, we realize there are sometimes exceptions, and we want our customers to be happy. Artsy Lane will consider refunding your money in the situations listed below.
In order to qualify for a refund, please email firstname.lastname@example.org within one week of your purchase and include the following information: Your first and last name, your order #, the name of the project and the reason you are requesting the refund. Details, examples and screen shots are welcome. Refunds are not guaranteed and are granted on a case-by-case basis.
Reasons for refund:
- You cannot get the project to download
- The project file is damaged or missing content
- The project description misrepresents what’s in the actual downloaded file
- Duplicate purchase – you accidentally purchased the same resource more than once
These Terms are the entire agreement between you and Artsy Lane, and they govern your relationship with us. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and Artsy Lane. Artsy Lane is not the employer of and does not act as an agent for any Member.
1.5 Account Closure
We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice.
You have the right to close your Artsy Lane account at any time, without notice to us. After your account is closed, you’ll no longer have access to your Account information, past purchases, uploaded projects, and any of the features of Artsy Lane that require an Account.
If you’re a Seller, any projects you’ve posted will no longer be searchable and your studio page will not be available to Users, however your paid projects remain accessible to the Accounts of Members who have previously purchased them.
In addition, we may change, suspend, or discontinue offering our Service at any time. Any suspension or discontinuation in our Service may mean that that your Account, including any projects or other materials you may have purchased from our us, and any projects you may have uploaded to our Service, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any projects that you’ve purchased, or loss of income from your temporary or permanent inability to sell projects through our Service.
2. Community Guidelines
When you use our service you will be required to follow our Community Guidelines (which are incorporated as part of these Terms.) We may modify or add to these rules from time to time. If you violate any of these rules, we may take action against your Account, such as removing Content you’ve posted, suspending or terminating your Account, issuing a refund to your Buyer, or any additional action that we deem necessary.
Artsy Lane also has the right, but not the obligation, to monitor any activity and Content associated with our Service. We may investigate any complaints or reported violation of or policies and take any action that we deem appropriate. Such action may include but is not limited to, issuing warnings, suspension, or termination of your Membership, denying access, and/or removal of any Content on the site.
3. Intellectual Property
3.1 The Services and Our Content
Except for Content uploaded or posted by Members, all other aspects of Artsy Lane is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site. Content of our site is protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute this content in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our content.
3.2 Your Content
Some parts of our Service allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. Artsy Lane does not take or claim any ownership (copyright, trademark, or otherwise) over your Content. However, you may not post any projects using the Artsy Lane template to any other websites other than Artsy Lane.
When you post or upload Content to our Service, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Service, such as to display your projects in your studio and in search results, to make your projects available for download, and to display and promote your projects on ArtsyLane.com, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Service to you and our other Users.
If you or Artsy Lane closes, suspends, or otherwise limits your Account or access to our Service, we’ll no longer display your studio page or your Listings, and your content will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or Artsy Lane deletes or deactivates a single Listing, that item will not be available for purchase or download by Members who have not previously purchased or downloaded the content, and the item will no longer be displayed in your studio or in search results. If any of the above situations take place, Artsy Lane will continue to store your content on our servers and will continue to make it available for download by Members who have previously purchased the item subject to other limitations set forth in these Terms. Artsy Lane will continue to display your Communications unless you remove them from the Service before you go. If you do remove them, we’ll no longer display them, but we may continue to store a copy of them in our databases.
4. Your Privacy
You agree to indemnify, defend, and hold harmless Artsy Lane, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Service, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
6. Limitation of Liability and Warranty Disclaimer
Artsy Lane is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Service is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
YOU AGREE THAT ARTSY LANE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Interactions with others. You may have the ability to communicate, interact, or otherwise connect with other Members through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release Artsy Lane from any liability that may arise out of your interactions with another Member of our Service.
Third Party Content. As you use our Service, there may be links, ads, or other ways for you to visit other websites not owned or controlled by Artsy Lane. When you access third party websites, you do so at your own risk. Artsy Lane cannot and does not make any representations or warranties about other websites or services.
7. Changes to these terms
We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you.
The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
8. Other Terms
8.1 Disputes with Artsy Lane
In the case of a dispute between you and Artsy Lane arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
You and Artsy Lane agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND ARTSY LANE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND ARTSY LANE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in California to protect the party’s intellectual property rights pending completion of the arbitration.
These Terms are governed by the laws of the state of California and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Artsy Lane is located in Mountain View; CA. Any dispute subject to Binding Arbitration will take place in Santa Clara County, CA. For any other judicial action that may arise between you and Artsy Lane, or for which our Binding Arbitration clause is found not to apply, both you and Artsy Lane agree to submit to the venue and personal jurisdiction of the state and federal courts located in Santa Clara County, CA.
8.2 No Waiver
Any failure by Artsy Lane to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
8.4 Government Agencies & Public Entities
If you are a federal, state, or local government or government agency in the United States and are using Artsy Lane in your official capacity, the following amendments to these Terms apply:
Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.
State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.
8.5 Contact Information
If you have any questions about the Terms, please email us at: email@example.com