Last updated: April 23, 2017
ARTIST TERMS AND CONDITIONS
Thank you for your interest in StoriesToArt. StoriesToArt, LLC, a Virginia limited liability company, (“StoriesToArt,” “we,” or “our”) provides a marketplace (the “Service”) for selling and purchasing original (“Existing”) and commissioned (“Commissioned”) works of art (including all 2D and 3D fine art, fine crafts, industrial designs, poems, animation, lyrics, compositions, and audio files) (“Artwork”) through our website accessible at www.StoriesToArt.com (the “Site”).
These Terms and Conditions (the “Terms”) govern your access to and use of the Site and Service and constitute a binding legal agreement between you and StoriesToArt, so please read them carefully. BY PRESSING THE “I AGREE” BUTTON OR CHECKING THE BOX BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
An “Artist” is any person that offers Artwork for sale through the Service. Only individuals and legal entities may register as Artists on the Site. If you accept and agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and “you” and “your” will refer and apply to that company or other legal entity.
A buyer of Artwork through the Site or Service is referred to as a “Customer.”
To sell your Artwork on StoriesToArt, you must:
- Be a resident of the United States.
- Be at least eighteen (18) years old and able to enter into contracts.
- Fully comply with these Terms.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site.
StoriesToArt makes no representation that the Site and Service are appropriate or available for use outside the United States, and access to the Site or Service from territories where its contents are illegal or restricted is prohibited. If you access the Site and Service from outside the United States, you do so on your own initiative and are solely responsible for compliance with applicable laws and regulations.
You must complete the Artist Account (“Account”) section of the Site in accordance with all instructions provided on the Site. While you remain an Artist, you continually warrant and represent that your Account information is accurate, complete, and current. You must update any changes to the Account as soon as the change takes place.
You alone are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You must immediately notify StoriesToArt of any unauthorized use of your Account.
You agree to have publicly viewable Customer Reviews on your Account and understand that you may not add to, edit, or remove these reviews. You may contact StoriesToArt if you have concerns about the accuracy of the review by emailing info@StoriesToArt.com with Artist Review in the subject heading.
To sell Artwork on the Site and through the Service, you must submit listings for the Artwork. Existing Artwork listings must include digital images of the Artwork. Commissioned Artwork listings must include digital images, audio, or animation files of samples that you have created that are similar to Artwork you would create if commissioned to do so. You may not submit listings, digital images, or audio files created by another person. For your listings to be accepted, you must provide StoriesToArt with all the information requested on the Account page of the Site and comply with any other StoriesToArt requirements on the Site. Your listings must be accurate, complete, and comply with these Terms. StoriesToArt reserves the right to “edit” (correct grammar, usage, spelling, and mechanics) any listings to ensure compliance with these Terms and acceptable presentation.
You must upload accurate and high quality picture, audio, and video files of your Artwork on the Site. Because individual computers and monitors may display colors and audio differently, StoriesToArt is not responsible for the color or audio accuracy of any Artwork displayed on the Site, and disclaims any liability in this regard.
All Artwork is presumed to be unique and one-of-a-kind. Artists may not list multiple copies of the same Artwork for sale as Existing Artwork. If you have a unique production process that requires you to produce multiple Artworks in a limited edition, please contact artistsupport@StoriesToArt.com to determine whether an exception can be made.
StoriesToArt reserves the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from the Site.
You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (up to 48 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include, without limitation, your title, keywords, and price. StoriesToArt retains the right to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all products at StoriesToArt’s sole discretion.
When you submit Existing listings, you grant StoriesToArt a non-exclusive right to display such Existing Artwork through the Site and Service.
You may change your Commissioned Artwork listing to “inactive” if you are unable or unwilling to sell Commissioned Artwork for any period.
SELLING COMMISSIONED ARTWORK
As an Artist, you may be commissioned to create Artwork for a StoriesToArt Customer. When you are commissioned to create Artwork, StoriesToArt will collect a one-half (1/2) non-refundable deposit from the Customer and email you the Customer’s name, contact information, story, and any images uploaded by the Customer. Customers may also ship materials to you to incorporate into Commissioned Artwork, which you agree to use as inspiration and, if requested, return to the Customer or incorporate into the Artwork.
You must complete the Commissioned Artwork within the creation time frame you selected on your Account. Failure to do so may result in the Customer receiving a refund, your removal from the site, or both. This does not eliminate or alter in any way your outstanding liability to the Customer (see Closing Your Account).
You agree to correspond with the Customer and make revisions to your Commissioned Artwork based on the guidelines below.
|Price of Artwork||1 Artist/Customer Emails||2 Artist/Customer Emails||3 Emails/1 Revision||4 Emails/up to 2 Revisions||5 Emails/up to 3 Revisions|
When commissioned to do 2D or 3D Artwork, correspondence includes an email from the Artist with an image of the final Artwork and a response from the Customer confirming receipt of the email when the final 2D or 3D Artwork is completed. No final approval is required for Commissioned Artwork that is not 2D or 3D Artwork.
These guidelines are minimum standards; you may communicate more frequently with Customers or make additional revisions at your discretion.
UPON ARTWORK COMPLETION
ALL COMMISSIONED ARTWORK
For all Commissioned Artwork, you agree to photograph and retain a copy of the image, or retain a copy of the digital animation or audio file, and ship or upload the original Artwork. StoriesToArt will ship separately a copy of the buyer’s story.
2D AND 3D COMMISSIONED ARTWORK
Prior to the shipment of Commissioned 2D and 3D Artwork through StoriesToArt, you agree to email the Customer an image of the completed Artwork and obtain final approval. After verifying that the Customer has approved the final Artwork, you must indicate receipt of final approval on the Site prior to shipping the Artwork. This will trigger StoriesToArt to collect the remainder due from the Customer. If, for any reason, the Customer’s credit card does not accept the charge, you will be notified immediately and directed to contact StoriesToArt.
COMMISSIONED SONGS AND POETRY
You agree to upload the Commissioned Artwork through StoriesToArt. This will trigger StoriesToArt to collect the remainder due from the Customer. If, for any reason, the Customer’s credit card does not accept the charge, you will be notified immediately and directed to contact StoriesToArt.
You are solely responsible for the shipment of any Artwork you sell through the Service. StoriesToArt will not collect a commission on the cost of shipping, contingent upon receiving notice of the final shipping costs when you confirm the shipment on the Site.
You must procure shipping insurance for all shipments of value greater than $100 US dollars.
For all Commissioned Artwork, you agree to complete and ship the Artwork using 2-day shipping within the creation time frame you selected on your Account (up to 12 months). You must fulfill all relevant requirements (see Upon Artwork Completion) before shipping or uploading the Artwork.
For all Existing Artwork, after preparing the shipment as specified below, you agree to mail the shipment to the Customer using 2-day shipping within the shipping time frame you selected on your Account: within 3-5 days, 6-10 days, or 11-14 days of the sale. If the Artwork does not require physical shipping to deliver, you agree to upload the Artwork promptly.
If you encounter an emergency that prevents you from sending Artwork in the allotted time, you must immediately notify StoriesToArt at (info@StoriesToArt.com) and the Customer of the emergency and include a prompt revised shipping date. If you do not ship the Artwork by the revised shipping date, StoriesToArt may remove you from the Site and refund to the Customer any money received from them. This does not eliminate or alter in any way your outstanding liability to the Customer (see Closing Your Account).
After shipment of any Commissioned Artwork, StoriesToArt will email the Customer requesting that the Customer (1) leave a review of your work and (2) give permission to exhibit the Customer’s story on your Account. If permission is granted, the Artwork and the Customer’s story will appear in the Artist’s “available” past commission samples. The Artist may choose whether to make the commission an active sample. The review will be publicly viewable whether or not the Artwork is set to active. You may contact StoriesToArt if you have concerns about the accuracy of a review by emailing info@StoriesToArt.com with Artist Review in the subject heading.
StoriesToArt or its third-party service providers will collect stories and information from Customers and process payment for purchases via the Site. For Existing and Commissioned Artwork, StoriesToArt will provide you with the name, address, and (if applicable) story provided by the Customer.
Artists may cancel an order on the StoriesToArt website within 10 days for causes that are not reasonably foreseeable to the Artist. This does not remove or alter any liability between the Artist and the Customer. If an Artist cancels an order on the StoriesToArt website past the 10 day limit, or for causes that were reasonably foreseeable, StoriesToArt reserves the right to remove the Artist from the Site and Service. In the event of a cancellation by the Artist due to circumstances that were not reasonably foreseeable, that were within the 10 day period, we will reimburse the Customer their down payment.
When uploading Artwork, you must include estimated shipping costs as part of the overall price you set for your Artwork. StoriesToArt provides a shipping calculator to estimate shipping costs for 2-day shipment with USPS. Estimates may also be obtained from the UPS or FedEx websites. Links to both sites are provided within the shipping estimator tool. If the Artwork is valued at $100 or more you must also include shipping insurance costs in your price.
For Artwork being delivered digitally via file upload, shipping costs do not need to be included in the price of the Artwork.
PAYMENT/ARTIST REVENUE SHARE
StoriesToArt accepts payment from the Customer for each sale of Existing and Commissioned Artwork, which payment is the Total Sales Price. We then deduct the sales tax and reimburse the Artist for the final shipping cost. Of the remainder, StoriesToArt pays Artists 60% (“Artist Revenue Share”), while StoriesToArt retains 40% as a commission. StoriesToArt donates 5% of its commission to StoriesToArt Gives Back to support Arts Education.
To receive payment, you must provide StoriesToArt with your banking information. All banking information is stored on a secured third party site. For sales of Existing and Commissioned Artwork via the Site and Service, StoriesToArt will credit the Artist Revenue Share to your payment Account (designated by you in your Account) on the tenth day of each month, so long as each of the following has occurred before that date. (i) StoriesToArt has received payment from the Customer. (ii) StoriesToArt has received confirmation of delivery of the Artwork to the Customer. (iii) For Existing Artwork, the return period described in the Returns section below has expired without a Customer return request. Or, if a request has been received, then all such requests have been denied by StoriesToArt.
By submitting your payment Account information on www.StoriesToArt.com, you authorize StoriesToArt to deposit your pay and, if necessary, to adjust or reverse a deposit for any payroll entry made to your Account in error. This authorization will remain in effect until cancelled by you in writing and accepted by StoriesToArt in turn within a reasonable time.
Upon the termination or cancellation of your Account, StoriesToArt will remit to you any remaining amounts due to you.
YOU UNDERSTAND AND AGREE THAT STORIESTOART IS NOT LIABLE FOR THE FAILURE OF ANY CUSTOMER TO MAKE ANY PAYMENTS DUE FOR THE PURCHASE OF ARTWORK. YOU USE THE SITE AND THE SERVICE AT YOUR OWN RISK.
You agree to follow our Customer Service Policy.
You agree that it is your sole and exclusive responsibility to determine whether Taxes apply to any transactions you conduct through the Site or Service and to collect, report, and remit the correct Taxes to the appropriate tax authority, and that StoriesToArt is not obligated to determine whether Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. Notwithstanding the foregoing, StoriesToArt will collect sales tax on any Artwork sold to Customers in Virginia and will report such sales tax to the Commonwealth of Virginia. “Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption, and other taxes and duties assessed, incurred, or required to be collected or paid for any reason in connection with any offer or sale of Artwork by you on or through the Site or Service.
You agree to provide to StoriesToArt, at the time you create your Account, all information required for StoriesToArt to prepare an IRS Form 1099 for you, and you understand that your Account will not become active until you provide this information. A completed IRS Form 1099 will be prepared and delivered to you if your sales exceed $650 in a given year.
Commissioned Artwork is non-returnable.
Customers may request a return of Existing 2D and 3D Artwork by notifying StoriesToArt within 7 days of delivery if the Existing Artwork either is not as described by the Artist on the Site, or if the Artwork was specified as a gift at time of purchase. StoriesToArt will notify you of approved return requests. For Artwork that was not as you described it on the Site, Customers will receive a full refund, meaning that you will not be reimbursed for your shipping costs. For gift returns, the gift recipient will receive a gift card in the amount of the purchase price, reduced by your shipping costs, meaning that you will be reimbursed for your shipping costs.
You will be reimbursed for shipping costs, when applicable, after you have confirmed receipt of the return on the Site. Customers are responsible for return shipping costs and, if required, return shipping insurance.
If a Customer receives Artwork that was damaged during shipping, the Customer will notify both StoriesToArt and you, and open a claim with the relevant shipping insurer.
If the Artwork was damaged during return shipping, you must check to see if the value was over $100, and if it was, whether the Customer insured it. If the Customer used a shipping insurer, you will finalize the return by confirming receipt of the return on the Site to allow us to reimburse the Customer. You will then notify us of the damaged Artwork, and open a claim with the shipping insurer.
If the Customer was required to use a shipping insurer and failed to do so, then do not finalize the return. Instead, notify StoriesToArt, submit a photograph of the damaged Artwork in its return packaging, as well as the printed confirmation order, and we will pay you the Artist’s Revenue Share. We will not reimburse the Customer.
To complete a return, you must confirm receipt of the returned Artwork on your Artist Account.
Artists may click the “Resolve a Problem” link under the “Return Status” on the Site or contact returns@StoriesToArt.com to submit any questions to StoriesToArt.
You agree to comply with any other provisions of the return policy published by StoriesToArt on the Site.
You may relist returned 2D and 3D Existing Artwork. If a Customer fails to complete payment for a Commissioned Artwork, you may relist the Artwork as an Existing Artwork.
You grant StoriesToArt a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to: (i) use, reproduce, and publicly display copies of the Existing Artwork, sample Commissioned Artwork, and completed Commissioned Artwork you upload (collectively, “Artist Content”) via the Site and Service; and (ii) access, use, crop, resize, copy, distribute, license, publicly display, create derivative works of, transmit, and broadcast copies of the Artist Content in any form, medium, or technology now known or later developed, for the purposes of promoting StoriesToArt, the Site, or the Service. You also grant StoriesToArt the right to use your name in connection with the Artist Content. You agree that your sole compensation, if any, for the grant of this license will be the Artist Revenue Share.
You acknowledge and agree that you are solely responsible for all Artist Content that you make available through the Site and Service. You represent and warrant that: (1) as to Existing Artwork and sample Commissioned Artwork that you make available for sale or display through the Site and Service, you are the creator and sole and exclusive owner of all such Artwork, and that you have all rights, licenses, consents, and releases that are necessary to grant to StoriesToArt the rights to use and exploit such Artwork as contemplated under these Terms; (2) as to Commissioned Artwork that you advertise through the Site and Service, you are the creator and exclusive owner of all such Commissioned Artwork until sold; and (3) neither the Existing Artwork, sample Commissioned Artwork, or completed Commissioned Artwork that you make available for sale or display through the Site and Service, nor StoriesToArt’s use and exploitation thereof as contemplated under these Terms, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral right, other intellectual property right, or right of publicity or privacy, or result in the violation of any applicable law or regulation.
If you would like to sell Artwork and not retain licensing rights on that Artwork, please contact us at info@StoriesToArt.com and include Sell Image Rights in the subject heading.
MUSIC:You agree to grant Customers a limited license to exhibit or perform music for non-commercial personal use or at non-public private events. Customers may not publish or resell music or lyrics purchased through StoriesToArt. All other rights not specifically reserved by StoriesToArt remain with the Artist.
POEMS:You agree to grant Customers a limited license to exhibit poetry for non-commercial personal use or at non-public private events. Customers may not publish or resell poetry purchased through StoriesToArt. All other rights not specifically reserved by StoriesToArt remain with the Artist.
ANIMATIONS:You agree to grant Customers a limited license to exhibit the animation for non-commercial personal use or at non-public private events. Customers may not publish or resell animation (or components thereof) purchased through StoriesToArt. All other rights not specifically reserved by StoriesToArt remain with the Artist.
PHOTOGRAPHS:You agree to grant Customers a limited license to exhibit original numbered photographs, but Customers may not publish, copy, or duplicate, in any manner or forum, photographs purchased through StoriesToArt. Customers may resell the original numbered photograph subject to the same license and restrictions. All other rights, including copyright and the right to commercially exploit the photographic image, that are not specifically reserved by StoriesToArt, remain with the Artist.
OTHER 2D AND 3D ART:You agree to grant Customers a limited license to exhibit other 2D and 3D Artwork, but Customers may not publish, copy, or duplicate, in any manner or forum, 2D or 3D Artwork purchased through StoriesToArt. Customers may resell the other 2D and 3D Artwork subject to the same license and restrictions. All other rights, including copyright and the right to commercially exploit the 2D or 3D image, that are not specifically reserved by StoriesToArt, remain with the Artist.
SALES AND PROMOTIONS
You agree that StoriesToArt may promote and market your Existing and sample Commissioned Artwork options through the use of limited sales, discounts, etc. if your Artwork has been listed but unsold on the Site for over twelve months. You will be offered the option to opt out of the automatic discounting program when uploading your Artwork for sale. If you do not opt out of the automatic discounting program, you will receive an email 7 days before your Artwork is discounted. The sale or discount amount will apply to your listing price (not including estimated shipping price). You always retain the right to remove a listing from your Account.
MANAGING INVENTORY AND SALES OUTSIDE THE SERVICE
You agree to keep the status, quantity, and details of your ready to ship items accurate in your Account. Your Existing Artwork will automatically change to “Sold” status if purchased on the Site.
StoriesToArt does not retain the exclusive right to sell any of your Artwork. You may list and sell your Artwork in other venues. Notwithstanding the foregoing, if you have submitted a listing for Existing or Commissioned Artwork and have been contacted through the Site or Service by a potential Customer, you may not sell such Commissioned or Existing Artwork to that Customer independent of the Site or Service. If you have submitted a listing for Commissioned or Existing Artwork and have been contacted independent of the Site by an individual who found your work by browsing on the Site, you agree to direct that individual to the Site to purchase your Artwork through the Service.
If you sell your Existing Artwork outside of the Site or Service, you agree to immediately update the “Status” of your Artwork to “Inactive” or “Delete” the item to prevent Customers from purchasing already sold art. If a Customer attempts to purchase Existing Artwork that you incorrectly indicate is in stock, you agree to do the following: 1) email the Customer, copying info@StoriesToArt.com, and explain that the purchase was made prior to you updating your portfolio, 2) upon the Customer’s request, offer to make similar Artwork in the same medium, using the same dimensions, and at the same price using your commission timeline, and 3) inform the Customer of the option to request a full refund for the purchased Artwork.
StoriesToArt reserves the right, at its sole discretion, to modify, discontinue, or terminate the Site or Service at any time upon 24 hours’ notice. By continuing to access or use the Site or Service after we have posted a Terms modification on the Site or have provided you with notice of a Terms modification via your StoriesToArt email account, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service. We may change the Site, the Service, or any features of the Service at any time and without prior notice.
StoriesToArt retains the right to determine the content, appearance, design, functionality, and all other aspects of the Site and Service at its sole discretion.
STORIESTOART EMAIL ADDRESS
StoriesToArt will establish an email account for you to facilitate your communication with Customers. You may sync the StoriesToArt email account with your personal email account. You agree to check your StoriesToArt email daily and conduct all communication with Customers from your StoriesToArt email address. You agree that StoriesToArt may review your StoriesToArt email account at any time.
ACCEPTABLE USE POLICY
You agree not to do any of the following:
- Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information, or other material on the Site or using your StoriesToArt email address that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror, or frame the Site, or any individual element within the Site, StoriesToArt’s name, any StoriesToArt trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without StoriesToArt’s express written consent.
- Access, tamper with, or use non-public areas of the Site, StoriesToArt’s computer systems, or the technical delivery systems of StoriesToArt’s providers;
- Attempt to probe, scan, or test the vulnerability of any StoriesToArt system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by StoriesToArt or any of StoriesToArt’s providers or any other third party (including another user) to protect the Site, Services, StoriesToArt content, or information or content provided by Customers (“Customer Content”);
- Attempt to access, search, or download the Site, Services, Artist Content, or Customer Content through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by StoriesToArt or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation to Customers, the StoriesToArt Parties, or using StoriesToArt services in any way;
- Use any meta tags or other hidden text or metadata utilizing a StoriesToArt trademark, logo URL, or product name without StoriesToArt’s express written consent;
- Use the Site, Services, Artist Content, or Customer Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Artist Content, or Customer Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Artist Content, or Customer Content;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services regarding other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
StoriesToArt retains the right to investigate and prosecute violations of any of the above to the fullest extent of the law. StoriesToArt may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that StoriesToArt has no obligation to monitor your access to or use of the Site or Services or to remove any Customer or Artist Content, but has the right to do so to operate the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order of a court, administrative agency, or other governmental body. StoriesToArt reserves the right, at any time and without prior notice, to remove or disable access to any Artist Content or Customer Content, listings for Existing or Commissioned Artwork, StoriesToArt content or any other text, graphics, images, software, music, audio, video, information, or other content or material that StoriesToArt, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Site or Services.
StoriesToArt respects copyright law and expects its users to do the same. Artists who infringe or are reasonably believed to be infringing the rights of copyright holders will have their Account removed.
StoriesToArt may contain links to third-party websites, organizations, or resources. We do not imply any endorsement of them and you acknowledge and agree that StoriesToArt is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites or resources.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent StoriesToArt’s written authorization otherwise, a website that links to this Site:
- May link to, but may not replicate, any content of the Site (including any StoriesToArt logo);
- May not create a browser or border environment around any content of the Site;
- May not imply that StoriesToArt endorses such website or any products, services, or content available through such website;
- May not misrepresent its relationship with StoriesToArt;
- May not present false or misleading information about StoriesToArt, its products, or its services;
- May not contain content that could be construed as distasteful, offensive, or controversial; and
- May only contain content appropriate for all age groups.
CLOSING YOUR ACCOUNT
You may terminate this Agreement for any reason by giving written notice (including by email) to us and ceasing to use the Site and Service. StoriesToArt will remove your Account within 72 hours of your notice.
We may suspend or terminate our Service to you at any time, with or without cause, and for any reason. Once terminated, we may permanently delete your Account and all the data associated with it and close your email account.
Purchase Agreements are between Customer and Artist; closure of any associated StoriesToArt Artist Account, voluntarily or at StoriesToArt’s discretion, in no way cancels, modifies, or otherwise alters the purchase agreement. As such, you must fulfill all orders still outstanding at the time of Account closure, which fulfillment will remain subject to these Terms, including the return policy.
If you would like to close your Account, contact us at info@StoriesToArt.com and include Close Account in the subject heading.
RELATIONSHIP BETWEEN THE PARTIES
StoriesToArt offers a marketplace for Artists to sell Artwork and facilitates such transactions between Artists and Customers. THE AGREEMENT FOR SALE OF ARTWORK IS DIRECTLY BETWEEN THE ARTIST AND CUSTOMERS.
You agree, warrant, and represent that you are neither an employee nor an independent contractor of StoriesToArt, and no partnership or other business relationship exists between you and StoriesToArt except as Artist and facilitator. You have no authority to bind, assume responsibility for, or obligate (whether expressly or by implication) StoriesToArt.
You must maintain any confidential or proprietary business information and strategies of StoriesToArt, and Customer personal information and stories, (“Confidential Information”) in strict confidence and not disclose any Confidential Information to any person except your employees or agents with a need to know such information and who agree to maintain the Confidential Information in strict confidence. Confidential Information does not include (a) any information in the public domain, or otherwise known by you, prior to its disclosure by StoriesToArt or Customer or (b) any information lawfully provided to you without restriction by a third party not under any obligation of confidentiality to StoriesToArt or Customer, or (c) any information which becomes commonly known through other sources.
The ownership of an Account is determined by the information provided by that Account at the time of Account registration with the Site; StoriesToArt will not arbitrate disputes over proceeds of the sale of Artwork on the Site or Service.
- Any dispute, controversy or claim arising out of or relating in any way to these Terms and Conditions, the Site, or the Service, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Terms and Conditions, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to Site, the Service, or the Terms and Conditions, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
- This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
- The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by JAMS in accordance with its rules.
- The arbitrator shall have ten years of experience in the UCC and shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration.
- The arbitration shall be conducted in Charlottesville, Virginia.
- The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
- It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
- Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- The Parties shall be entitled to discovery in the arbitration, except that any Party shall be entitled to request no more than 100 pages of documents and to take three depositions not to exceed eight hours for each such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.
- The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.
- The arbitrator shall have no authority to award punitive, consequential, special, or indirect damages. The arbitrators shall be entitled to issue injunctive and other equitable relief. The arbitrator shall award interest from the time of the breach to the time of award at the highest legal rate.
- The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STORIESTOART AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “STORIESTOART PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES,) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF THESE TERMS (INCLUDING WITHOUT LIMITATION YOUR FAILURE TO SUBMIT ACCURATE LISTINGS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, OR VIOLATION OF APPLICABLE LAWS) OR USE OF THE SITE OR SERVICE. STORIESTOART RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND, IN SUCH CASE, YOU AGREE TO COOPERATE WITH STORIESTOART’S DEFENSE OF SUCH CLAIM.
IF A DISPUTE ARISES BETWEEN YOU AND ANY CUSTOMER, YOU RELEASE STORIESTOART AND ITS EMPLOYEES, OFFICERS, AGENTS, AND ANY AND ALL PERSONS ASSOCIATED WITH STORIESTOART FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE STORIESTOART PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SITE, THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY STORIESTOART PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE, SERVICES, STORIESTOART, ARTIST CONTENT AND CUSTOMER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, STORIESTOART EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STORIESTOART MAKES NO WARRANTY THAT THE SITE, SERVICES, STORIESTOART, ARTIST CONTENT, OR CUSTOMER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STORIESTOART MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STORIESTOART OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY STORIESTOART.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER ARTISTS, CUSTOMERS, OTHER USERS OF THE SITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, STORIESTOART DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ARTISTS, CUSTOMERS, OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES STORIESTOART MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY ARTISTS, CUSTOMERS, OR OTHER USERS OF THE SITE OR SERVICES. STORIESTOART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER ARTISTS, CUSTOMERS, AND USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The law of the State of Virginia will be used to govern, construe, and enforce all rights and duties of the parties arising from or in any way relating to the subject matter of these Terms including, without limitation, the performance, construction, interpretation, and enforcement thereof. All lawsuits arising from or relating to these Terms must be brought in the federal or state courts in Albemarle County, Virginia, and you irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.