Terms of use


 

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ARTYOU, INC. ("ARTYOU"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE WEBSITE AT HTTP://WWW.ARTYOU.COM (THE "SITE") AND ALL SERVICES PROVIDED BY ARTYOU ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

1. ArtYou is a Venue

ArtYou acts as a venue to allow users who comply with ArtYou's policies to offer, sell and buy certain goods within a fixed-price format. ArtYou is not directly involved in the transaction between buyers and sellers. As a result, ArtYou has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ArtYou does not pre-screen users or the content or information provided by users. ArtYou cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, ArtYou does not transfer legal ownership of items from the seller to the buyer.

ArtYou cannot guarantee the true identity, age, and nationality of a user. ArtYou encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that ArtYou is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on ArtYou. You use the ArtYou service at your own risk.

2. Membership Eligibility

Age: ArtYou's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ArtYou may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use ArtYou's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by ArtYou's policies as stated in the Agreement and the ArtYou policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ArtYou, each of which is incorporated herein by reference and each of which may be updated by ArtYou from time to time without notice to you:

·        The Rights and Responsibilities of ArtYou

·        Fee Policy

·        Privacy Policy

·        Copyright and Intellectual Property Policy

·        Trademark Guide

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by ArtYou from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ArtYou of any unauthorized use of your password or any breach of security. You also agree that ArtYou cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than ArtYou without ArtYou's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ArtYou you must provide and maintain valid PayPal account.

Account Transfer: You may not transfer or sell your ArtYou account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: ArtYou's services are not available to temporarily or indefinitely suspended ArtYou members. ArtYou reserves the right, in ArtYou's sole discretion, to cancel unconfirmed or inactive accounts. ArtYou reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a store on ArtYou is free. ArtYou charges only a percentage of the sale price when the item sells. ArtYou's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for ArtYou's services are effective after ArtYou provides you with at least fourteen (14) days' notice by posting the changes on the Site. ArtYou may, at ArtYou's sole discretion, change some or all of ArtYou's services at any time. In the event ArtYou introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, ArtYou may issue a credit for the applicable fees to a seller's billing statement.

You are responsible for paying all fees and applicable taxes associated with using ArtYou. ArtYou will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

Fees and Termination: If ArtYou terminates a listing or your account, if you close your account, or if the payment of your ArtYou fees cannot be completed for any reason, you remain obligated to pay ArtYou for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact ArtYou.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ArtYou's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your ArtYou store. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Store Policies: All sellers are urged to outline store policies for their ArtYou store. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All store policies must comply with ArtYou's site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. ArtYou reserves the right to request that a seller modify a store policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding ArtYou transaction fees, misrepresent the item's location, or use another user's account without permission.

 

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to ArtYou and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on ArtYou.

Restricted Activities: Your Content and your use of ArtYou shall not:

·        Be false, inaccurate or misleading

·        Be fraudulent or involve the sale of illegal, counterfeit or stolen items

·        Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

Violate this Agreement, The Terms of ArtYou, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

·        Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ArtYou staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

·        Be obscene or contain child pornography

·        Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

·        Host images not part of a listing

·        Modify, adapt or hack ArtYou or modify another website so as to falsely imply that it is associated with ArtYou;

·        Appear to create liability for ArtYou or cause ArtYou to lose (in whole or in part) the services of ArtYou's ISPs or other suppliers

·        Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the Rights & Responsibilities of ArtYou, or other policy documents as posted on ArtYou.

Furthermore, you may not list any item on ArtYou (or consummate any transaction that was initiated using ArtYou's service) that, by paying to ArtYou the fees, could cause ArtYou to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: ArtYou does not claim ownership rights in your Content. You grant ArtYou a license solely to enable ArtYou to use any information or Content you supply ArtYou with, so that ArtYou is not violating any rights you might have in that Content. You grant ArtYou a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow ArtYou to store or re-format your Content on ArtYou and display your Content on ArtYou in any way as ArtYou chooses. ArtYou will only use personal information in accordance with ArtYou's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another ArtYou user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ArtYou-related communications. ArtYou has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ArtYou user to your email or physical mail list. For more information, see ArtYou's Privacy Policy.

Re-Posting Content: By posting Content on ArtYou, it is possible for an outside website or a third party to re-post that Content. You agree to hold ArtYou harmless for any dispute concerning this use. If you choose to display your own ArtYou-hosted image on another website, the image must provide a link back to its listing page on ArtYou.

Idea Submissions: ArtYou considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and ArtYou shall not be liable for the disclosure or use of such Material. If, at ArtYou's request, any member sends Material to improve the site, ArtYou will also consider that Material to be non-confidential and non-proprietary and ArtYou will not be liable for use or disclosure of the Material. Any communication by you to ArtYou is subject to this Agreement. You hereby grant and agree to grant ArtYou, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

ArtYou does not control the Content provided by users that is made available on ArtYou. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using ArtYou, you agree to accept such risks and that ArtYou (and ArtYou's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ArtYou. Please use caution, common sense, and practice safe buying and selling when using ArtYou.

 

9. Resolution of Disputes and Release

In the event a dispute arises between you and ArtYou, please contact ArtYou.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Toronto, Ontario, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Canada Courts or provincial courts located in the Ontario. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and ArtYou agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release ArtYou (and ArtYou's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ArtYou encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

ArtYou, for the benefit of users, may try to help users resolve disputes. ArtYou does so in ArtYou's sole discretion, and ArtYou has no obligation to resolve disputes between users or between users and outside parties. To the extent that ArtYou attempts to resolve a dispute, ArtYou will do so in good faith based solely on ArtYou's policies. ArtYou will not make judgments regarding legal issues or claims.

 

10. ArtYou's Intellectual Property

ARTYOU, and other ArtYou graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of ArtYou, Inc. in Canada and/or other countries. ArtYou's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

11. Access and Interference

ArtYou may contain robot exclusion headers which contain internal rules for software usage. Much of the information on ArtYou is updated on a real-time basis and is proprietary or is licensed to ArtYou by ArtYou's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access ArtYou for any purpose whatsoever.

Additionally, you agree that you will not:

·        Take any action that imposes, or may impose, in ArtYou's sole discretion, an unreasonable or disproportionately large load on ArtYou's infrastructure

·        Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in the Rights and Responsibilities of ArtYou from the Site except to the extent expressly permitted by and in compliance with ArtYou's Terms of Use or otherwise without the prior express written permission of ArtYou and the appropriate third party, as applicable

·        Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Bypass ArtYou's robot exclusion headers or other measures ArtYou may use to prevent or restrict access to ArtYou

 

12. Breach

Without limiting any other remedies, ArtYou may, without notice, and without refunding any fees, delay or immediately remove Content, warn ArtYou's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

ArtYou suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The Rights and Responsibilities of ArtYou, or other policy documents and community guidelines incorporated herein; ArtYou is unable to verify or authenticate any of your personal information or Content; or ArtYou believes that a user is acting inconsistently with the letter or spirit of ArtYou's policies, has engaged in improper or fraudulent activity in connection with ArtYou or the actions may cause legal liability or financial loss to ArtYou's users or to ArtYou.

13. Privacy

Except as provided in ArtYou's Privacy Policy ArtYou will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. ArtYou stores and processes Content on computers located in Canada that are protected by physical as well as technological security.

 

14. No Warranty

ARTYOU, ARTYOU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTYOU'S SUPPLIERS PROVIDE ARTYOU'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTYOU, ARTYOU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTYOU'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTYOU SHALL CREATE ANY WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

15. Liability Limit

IN NO EVENT SHALL ARTYOU, AND (AS APPLICABLE) ARTYOU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTYOU'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTYOU'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ARTYOU'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTYOU'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ARTYOU IN THE 1 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ARTYOU AND (AS APPLICABLE) ARTYOU'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

17. No Guarantee

ArtYou does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ArtYou's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ArtYou service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on ArtYou's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and ArtYou are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. ArtYou Service

ArtYou reserves the right to modify or terminate the ArtYou service for any reason, without notice, at any time. ArtYou reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If ArtYou makes a material change ArtYou will notify you here, by email, by means of a notice on our home page, or other places ArtYou deems appropriate. What constitutes a "material change" will be determined at ArtYou's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Ontario, excluding its conflicts of laws rules, and Canada.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to ArtYou; Attn: Legal Department; 2042 Jans Blvd, Innisfil, Ontario, L9S 4Y8 Canada (in the case of ArtYou) or, in your case, to the email address you provide to ArtYou (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ArtYou may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ArtYou. In such case, notice shall be deemed given three days after the date of mailing.

25. Disclosures

The services hereunder are offered by ArtYou Inc., located at 136 Bayfield St, Barrie, ON L4M 3B1, Canada

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