By using the Services 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 herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site or App.
If you have any questions, please contact us in email@example.com
Artisapp acts as a venue to allow users who comply with Artisapp's policies to offer, sell and buy certain goods within a fixed-price format. Artisapp is not directly involved in the transaction between buyers and sellers. As a result, Artisapp 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. Artisapp does not pre-screen users (except for services that require an application) or the content or information provided by users. Artisapp cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Artisapp does not transfer legal ownership of items from the seller to the buyer.
Artisapp cannot guarantee the true identity, age, and nationality of a user. Artisapp encourages you to communicate directly with potential transaction partners through the tools available on the Site or the App. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Artisapp 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 Artisapp. You use the Artisapp service at your own risk.
Joining, setting up a shop on Artisapp and listing any item is free. Artisapp only or will only charges a percentage of the sale price when the item sells.
When you make a sale on Artisapp, you may be (when the payment system in the application is ready) charged a transaction fee of 5% of the item price. This percentage does not include the shipping cost or tax. Transaction fees are discounted on the amount you receive for the transaction.
Artisapp's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Artisapp's services are effective after Artisapp provides you with at least fourteen (14) days' notice by posting the changes on the Site.
Unless otherwise stated, all fees are quoted in Euro.
Age: Artisapp'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.
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 Artisapp's policies as stated in the Agreement and the Artisapp policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Artisapp, each of which is incorporated herein by reference and each of which may be updated by Artisapp from time to time without notice to you.
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 Artisapp of any unauthorized use of your password or any breach of security. You also agree that Artisapp cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
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 Artisapp you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Right to Refuse Service: Artisapp's services are not available to temporarily or indefinitely suspended Artisapp members. Artisapp reserves the right, in Artisapp's sole discretion, to cancel unconfirmed or inactive accounts. Artisapp reserves the right to refuse service to anyone, for any reason, at any time.
Listing Description: All listings on Artisapp must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Artisapp'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 Artisapp shop.
Shop Policies: All sellers are urged to outline shop policies for their Artisapp shop. 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 shop policies must comply with Artisapp's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Artisapp reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. 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 Artisapp transaction fees, misrepresent the item's location, or use another user's account without permission.
You are solely responsible for your conduct and activities on and regarding to Artisapp 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 Artisapp.
Restricted Activities: Your Content and your use of Artisapp shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
4. Violate this Agreement, 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)
5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Artisapp 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
6. Interfere with a seller’s business or shop
7. Take any action that may undermine online reviews or feedback
8. Be obscene or contain child pornography
9. 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
10. Host images not part of a listing
11. Modify, adapt or hack Artisapp or modify another website so as to falsely imply that it is associated with Artisapp;
12. Appear to create liability for Artisapp or cause Artisapp to lose (in whole or in part) the services of Artisapp's ISPs or other suppliers
13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.
License: Artisapp does not claim ownership rights in your Content. You grant Artisapp a license solely to enable Artisapp to use any information or Content you supply Artisapp with, so that Artisapp is not violating any rights you might have in that Content. You grant Artisapp 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 Artisapp to store, translate, or re-format your Content on Artisapp and display your Content on Artisapp in any way Artisapp chooses. Artisapp will only use personal information in accordance with Artisapp's Policies.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Artisapp user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Artisapp-related communications. Artisapp has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Artisapp user to your email or physical mail list.
Artisapp does not control the Content provided by users that is made available on Artisapp. 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 Artisapp, you agree to accept such risks and that Artisapp (and Artisapp's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artisapp. Please use caution, common sense, and practice safe buying and selling when using Artisapp.
Other Resources: Artisapp is not responsible for the availability of outside websites or resources linked to or referenced on the Site or App. Artisapp does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Artisapp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Artisapp's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Artisapp is not involved with user generated groups, the groups' requirements, or the Meetings.
Artisapp does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Artisapp does not in any way screen its users.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Artisapp encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Artisapp, they may choose to participate in Artisapp’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Artisapp. Artisapp provides its dispute resolution process for the benefit of users. Artisapp does so in Artisapp's sole discretion, and Artisapp has no obligation to resolve disputes between users or between users and outside parties. To the extent that Artisapp attempts to resolve a dispute, Artisapp will do so in good faith based solely on Artisapp's policies. Artisapp will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Artisapp (and Artisapp'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 disputes with one or more users, or an outside party.
ARTISAPP, and other Artisapp graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Artisapp, SL. in the E.U and/or other countries. Artisapp'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.
Without limiting any other remedies, Artisapp may, without notice, and without refunding any fees, delay or immediately remove Content, warn Artisapp'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:
Artisapp suspects a user has breached this Agreemen; Artisapp is unable to verify or authenticate any of your personal information or Content; or Artisapp believes that a user is acting inconsistently with the letter or spirit of Artisapp's policies, has engaged in improper or fraudulent activity in connection with Artisapp or the actions may cause legal liability or financial loss to Artisapp's users or to Artisapp.
Artisapp reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Artisapp.
Except as provided in Artisapp's Policies Artisapp will not sell or disclose your personal information to third parties without your explicit consent. Artisapp stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
ARTISAPP, ARTISAPP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTISAPP'S SUPPLIERS PROVIDE ARTISAPP'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTISAPP, ARTISAPP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTISAPP'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 ARTISAPP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL ARTISAPP, AND (AS APPLICABLE) ARTISAPP'S SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR ARTISAPP'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, ARTISAPP'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ARTISAPP'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTISAPP'S SUBSIDIARIES, OWNERS, 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 ARTISAPP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ARTISAPP AND (AS APPLICABLE) ARTISAPP'S PARENT, OWNERS, 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.
Artisapp does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Artisapp's control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artisapp 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 using the Services (excluding any taxes on Artisapp's net income).
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.
You and Artisapp are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Effective Date: APRIL 15, 2015
© 2014 ArtisApp