Last updated: April 23, 2017
BUYER 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 Services, including your purchase of any Artwork, 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.
A buyer of Artwork through the Site or Service is referred to as a “Customer,” “you,” or “your.” If you accept or 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.
An “Artist” is any person that offers Artwork for sale through the Service.
To purchase 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.
A Customer Account with StoriesToArt is required to purchase Artwork through the Services. You create a Customer Account by entering your name and email, establishing a password, providing a shipping address, agreeing to these Terms, and following any other instructions set forth on the Site. At all times while making use of the Site or Service you continually warrant and represent that your Customer Account information is accurate, complete, and current.
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 Customer Account, whether or not you have authorized such activities or actions. You must immediately notify StoriesToArt of any unauthorized use of your Account.
RELATIONSHIPS BETWEEN YOU, STORIESTOART, AND ARTISTS
THE AGREEMENT FOR SALE OF ARTWORK IS DIRECTLY BETWEEN YOU AND THE ARTIST. StoriesToArt provides a marketplace for Artists to sell Artwork and facilitates such transactions, but does not, itself, sell Artwork to Customers. StoriesToArt has limited control over the items advertised and does not guarantee the existence, quality, safety, or legality of the items advertised, the truth or accuracy of Artist’s content or listings, or the ability of Artists to sell items.
You acknowledge that Artists are neither employees nor independent contractors of StoriesToArt, and no partnership or other business relationship exists between Artists and StoriesToArt except as seller and marketplace provider. Artists have no authority to bind, assume responsibility for, or obligate (whether expressly or by implication) StoriesToArt.
As a Customer, you may purchase Existing Artwork or Commissioned Artwork listed by Artists on the Site. When you purchase Existing or Commissioned Artwork through the Site and Services, you are purchasing the Artwork from the Artist identified as selling the Artwork (and not from StoriesToArt). Prices for Existing and Commissioned Artwork are on the applicable listings and include the cost of shipping.
When you purchase any Artwork through the Service, StoriesToArt or its third party service providers will collect your story and payment information and process payment. Your name, contact information, story, and any images you upload will be sent to the Artist.
When you order Commissioned Artwork, StoriesToArt will collect a one-half (1/2) non-refundable deposit from you at the time of the order. Commissioned Artwork is non-returnable and non-refundable.
You may correspond with the Artist and request revisions to the Commissioned Artwork based on the guidelines below. If appropriate for the medium of Artwork, you may also send the Artist an item to incorporate into Commissioned Artwork.
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
You understand that correspondence regarding commissioned 2D and 3D Artwork includes an email from the Artist with an image of the final piece and a response from you approving the final piece as completed. You may not unreasonably reject such finalization notices. No final approval is required for Commissioned Artwork that is not 2D or 3D Artwork.
When the Artist creates the shipment for the Artwork, StoriesToArt will charge your credit card for the remaining amount due. If, for any reason, your credit card does not accept the charge, the Artist will not ship the Commissioned Artwork until the problem is remedied.
Existing Artwork will be shipped within 3 to 14 days, as indicated in the Artist’s Account as their Shipping Timeline. Commissioned Artwork ships based on the creation time frame specified by the Artists in their Artist Account. All Artwork is shipped using 2-day delivery.
Artists may cancel orders of Commissioned Artwork within 10 days if they are prevented from completing the commission by events that are not reasonably foreseeable. If the Artist cancels an order placed on the Site and Services, StoriesToArt will send you an email confirmation of such cancellation, and you will be refunded the ½ deposit.
Descriptions of Artwork and Artist qualifications are provided solely by the Artists and are not reviewed or verified by StoriesToArt. You acknowledge and agree that StoriesToArt is not responsible for the truthfulness or accuracy of any product descriptions or other representations submitted by Artists.
You understand that StoriesToArt uses commercially reasonable efforts to display the colors and audio of Artwork samples provided by Artists accurately on the Site and Services. However, because individual computer monitors may display colors or audio differently, StoriesToArt is not responsible for the color or audio accuracy of any Artwork sample displayed on the Site and Services, and disclaims all liability in this regard.
Customers should not return damaged Artwork to Artists. See Damaged Artwork. If an issue arises in the return process, you may contact help@StoriesToArt.com and include “Return Issue” in the subject heading.
You may request to return Existing 2D and 3D Artwork within 7 days of delivery if the 2D or 3D Artwork is either not as described by the Artist (e.g., the Artwork is in the wrong dimensions), or was marked at time of purchase as a gift. To do so, you must send a request to StoriesToArt, including any relevant pictures or documentation. If the request conforms to these requirements, StoriesToArt will instruct you to ship the Artwork in its original condition, with the printed order confirmation, back to the Artist using trackable 2-day shipping and, if the Artwork is valued at $100 or more, with shipping insurance.
IF YOU FAIL TO PURCHASE SHIPPING INSURANCE WHEN REQUIRED TO DO SO, YOU WILL NOT BE REIMBURSED IF THE ARTWORK IS DAMAGED DURING SHIPMENT BACK TO THE ARTIST.
For Artwork that is not as described, once the Artist confirms receipt of the Artwork, StoriesToArt will reimburse you for the purchase price. This does not include the price of shipping to return the Artwork. For Artwork purchased as a gift, once the Artist confirms receipt of the Artwork, StoriesToArt will send a giftcard to the gift recipient at the e-mail address you provided at time of purchase in the amount of the original purchase price less the initial cost of shipping paid by the Artist. You will not be reimbursed for the cost of shipping the item back to the Artist.
Commissioned Artwork is non-returnable and non-refundable.
If you receive Artwork that was damaged during shipping and the shipment was insured, you agree to notify StoriesToArt and open a damage claim with the shipping company the Artist used. Any and all payouts from the shipping insurer will be directly to you. You will not receive any compensation or reimbursement from StoriesToArt. If the shipment was not insured, please contact help@StoriesToArt.com.
DO NOT RETURN DAMAGED ARTWORK TO THE ARTIST.
The intellectual property rights you derive from Artwork you purchase are described below. THE PURCHASE OF ARTWORK FROM AN ARTIST DOES NOT GIVE YOU ALL RIGHTS IN AND DERIVING FROM THE ARTWORK. If you would like to purchase all rights in and deriving from particular Artwork, please contact us at help@StoriesToArt.com and include “Purchase Intellectual Property Rights” in the subject heading.
MUSIC:You receive a limited license to exhibit or perform the music for non-commercial personal use or at non-public private events. You may not publish or resell music or lyrics you purchase through StoriesToArt. All other rights remain with the Artist.
ANIMATION:You receive a limited license to exhibit the animation for non-commercial personal use or at non-public private events. You may not publish or resell animation (or components thereof) you purchase through StoriesToArt. All other rights remain with the Artist.
PHOTOGRAPHY:You receive a limited license to exhibit original numbered photographs, but may not publish, copy, or duplicate, in any manner or forum, photographs you purchase through StoriesToArt. You may resell the original numbered photographs subject to the same license and restrictions. All other rights, including copyright and the right to commercially exploit the photographic image, remain with the Artist.
POETRY:You receive 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 remain with the Artist.
OTHER 2D AND 3D ART:You receive a limited license to exhibit other 2D and 3D Artwork, but you may not publish, copy, or duplicate, in any manner or forum, 2D or 3D Artwork you purchase through StoriesToArt. You 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, remain with the Artist.
You may not purchase Existing Artwork you first discovered through the Site or Service, nor Commissioned Artwork you first discovered through the Site or Service, independently of the Site and Service.
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 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.
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 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 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 Artists or Customers (collectively, the “Site Content”);
Attempt to access, search, or download the Site 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;
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 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 use the Site 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 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 from 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 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.
CLOSING YOUR ACCOUNT
If you would like to close your Account, contact us at help@StoriesToArt.com and include Close Account in the subject heading.
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 laws of the State of Virginia shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
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 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 ARTIST, YOU RELEASE ALL STORIESTOART PARTIES FROM 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 (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED DOLLARS (US $100.00) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ARTIST’S FAILURE TO ACCURATELY DESCRIBE ARTWORK OR TO COMPLY WITH AN AGREEMENT WITH CUSTOMER), 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.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any StoriesToArt Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the StoriesToArt Party’s liability will be the minimum permitted under such applicable law.
THE SITE, SERVICES, STORIESTOART, ARTIST CONTENT, AND ARTWORK 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 ARTWORK 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 HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH ARTISTS 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 INQUIRE INTO THE BACKGROUND OF ARTISTS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES STORIESTOART MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY ARTISTS 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 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.
CUSTOMER SERVICE POLICY
Please see our Customer Service Policy.