First off, you need to understand that Artist’s Alley is just a venue that allows users to offer, buy and sell things using a fixed-price format. We are not directly involved in the transaction between the person buying the stuff and the person selling the stuff. Because of this, We have no control over things like the quality or safety of the stuff being sold. We also cannot control whether or not the stuff being sold is legal, or even moral, or any other aspect of the items listed. We can’t even control the truth or accuracy of the listings, or whether the person selling the item actually has it for sale, or whether the buyer will actually pay for it. We can’t promise that the buyer or seller will even complete the transaction. We don’t transfer the legal ownership of items from the seller to the buyer. It’s just not what we do, friend. We’re just the venue.
Artists alley doesn’t screen people that want to join the Site, so we can’t make any guarantee about the true identity, age, or pretty much anything else about a user. You are strongly encouraged to communicate directly with users with whom you’re going to make any type of transactions, using the tools available on the Site. If you would like to have more control over things like who you’re selling your items to or ensuring payment, you should consider using a third-party escrow service or a similar service that could possibly provide you with additional user verification.
We’ve already stated this, but we’re going to say it one more time. Artist’s Alley is a venue. It’s just a venue. We are only a venue, and therefore We are not responsible or legally liable for any content (like data, text, graphics, pictures, profiles, usernames, audio, video, items, user posted links, or links posted by anyone other than Artist’s Alley). You are using the services provide by Artist’s Alley at your own risk.
Secondly, You have to be 18 to use the services of Artist’s Alley. You must be old enough to enter into a legally binding contract under the applicable law. If You use our site, you represent and warrant that you are at least 18 years old, and that all of the information you provide for registration is truthful, complete, and accurate. We may, as we see fit, refuse to offer access to the Site, or use of the Site, to any person (or entity) at any time. We also have the right to change the eligibility criteria of the Site at any time. If the law prohibits us from having this provision, then it is void and the right to access the Site is revoked in such jurisdictions.
If you’re under 18 years old, you can only use Artist’s Alley if you are working with and supervised by a parent or legal guardian (who is also at least 18 years old). In these situations, the adult is the user and is therefore responsible for any and all transactions. You agree to comply with any and all of the local laws regarding online conduct and acceptable content.
Taxes. Everyone always throws up a big sigh at that word. You are responsible for all applicable taxes. There’s a bit more about taxes further down on this page. (See, wasn’t that simple!)
You agree to follow the policies set up by Artist’s Alley, which are listed in this Agreement, as well as the other policy documents and all other operating rules, policies, and procedures that Artist’s Alley may post on the Site. All of these items are part of this Agreement because we make reference to them here, and We may update these without notice to You:
- Artist’s Alley Guidelines
- Fees Policy
There may be times when Artist’s Alley will promote that some of the services We offer have additional terms and conditions; Your use of those services is subject to those additional terms and conditions, which are made part of this Agreement because we mentioned them here.
Right to Refuse Service: Artist’s Alley reserves the right to refuse service to anyone, at any time, for any reason. We reserve the right to cancel accounts that are inactive or unconfirmed. Artist’s Alley’s services are not available to temporarily or indefinitely suspended Artist’s Alley users.
It seems pretty reasonable that you understand the nature of a password, but just in case, here are the rules about your password. Keep your password secure. If you fail to keep your password confidential and secure, then you are responsible for all activity, damage, and liability that results from your failure to maintain the confidentiality of your password; Artist’s Alley is not liable for any loss or damage that comes from your failure to keep your password secure. You agree to contact Artist’s Alley immediately in the case of any unauthorized use of your password or any breach of security. You agree not to provide your username and password to any other party other than Artist’s Alley without first getting Artist’s Alley’s express written permission.
You agree to keep your account information current and accurate at all times. You agree to provide and keep current a valid email address. If you sell items on the Site, you must provide and maintain a valid PayPal account. You cannot sell or transfer your Artist’s Alley 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.
Artist’s Alley doesn’t charge you for registering and setting up a shop on the Site. Artist’s Alley doesn’t charge you for the first three items that you post for sale. In order to list more than three items for sale, You need to purchase a Standard or Premium level access. The price for these are listed on the upgrade page and on the Fees Policy page. Because we’ve listed it here, Artist’s Alley’s Fees Policy, which is subject to change, is part of this Agreement. Anytime that Artist’s Alley changes the Fees Policy and/or the fees for Artist’s Alley’s services, these changes will become effective after Artist’s Alley provides you with at least fourteen (14) days’ notice by posting the changes on the Site. Artist’s Alley may choose to temporarily change the Fees Policy and the fees for Artist’s Alley’s services for promotional events (like free listing weekends, for example). These changes are effective when We post the temporary promotional event on the Site. Should Artist’s Alley introduce 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).
You are responsible for paying all fees and applicable taxes associated with using Artist’s Alley.
If You close your account, or if We close your account, or if (for whatever reason) the payment of your Artist’s Alley’s fee cannot be complete, you are still obligated to pay Artist’s Alley for all unpaid fees plus any penalties (if there are any). If your account is not paid, you risk possible suspension of privileges and/or termination of your account. Artist’s Alley can use other methods of collection (including retaining collection agencies and legal counsel). Please contact Artist’s Alley if you have any questions about your account, or if you wish to dispute charges on your account.
Let’s talk about listing and selling your items. Everything you post on Artist’s Alley must be for sale. By putting something up for sale, you are promising that you and all aspects of the item you are selling meet Artist’s Alley’s policies. You also are making the promise that you are legally able to sell the item.
You must accurately describe your item and all terms of sale in your Artist’s Alley shop. You are not allowed to include anything other than text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Artist’s Alley currently allows users to create tags for their items, and all items must be listed with appropriate tags, if used. Each listing must accurately and completely describe the item/items for sale in that listing.
You can create (and are urged to create) policies for your store. Your policies may cover, for example, such things as shipping and returns. Your policies must comply with Artist’s Alley’s site policies. If you chose to post policies for your store, you must have created them in good faith, and must abide by them. Artist’s Alley reserves the right to request that you modify your store policies.
All sales are binding. Sellers are responsible for accurately listing your items, and buyers are responsible for thoroughly reading the item description prior to making a purchase. Sellers must ship the order (or otherwise complete the transaction) in a prompt manner, but may wait until payment has been completed. Seller may delay or cancel shipment if there are exceptional circumstances, such as being unable to authenticate the buyer’s identity, or if the buyer does not complete the payment transaction (for example). The buyer must deliver payment in full for the items purchased.
All prices listed in the item description must be an accurate representation of the sale for the item. Sellers may charge reasonable shipping and handling fees to cover the cost for packing the item and mailing the item. Sellers may not use another user’s account with or without permission, or misrepresent the location of the item. Sellers determined to have engaged in this behavior may, at the discretion of Artist’s Alley, have their account settings altered to impose set shipping fees, or have their account suspended.
Artist’s Alley expects that the users of the Site will operate their stores with respect to other sellers and their unique style and artistic creations.
Guess what? There’s a lot of things you just plain can’t do as a seller or buyer on Artist’s Alley. Here they are:
- Don’t lie, or attempt to mislead or to be inaccurate.
- Don’t sell illegal items. Don’t sell counterfeit or stolen items. Don’t be fraudulent.
- Don’t buy or sell any items, or use any pictures or text, etc., that in any way infringes on a third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Don’t violate this Agreement or any of Artist’s Alley’s guidelines or policies.
- Don’t violate 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).
- Don’t offer for sale any items that the United States Consumer Products Safety Commission has identified as hazardous or subject to recall.
- Don’t impersonate, intimidate or harass any person (including Artist’s Alley staff) or other users, or interfere with a seller’s business or store by any method.
- Don’t impersonate any person, or lie about your relationship or affiliation with any person (like using a similar email address or nickname, or by creating false account(s) or by any other means).
- Don’t tamper with or in any way attempt to manipulate online reviews or feedback.
- Do not be obscene.
- Do not post or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Do not post images that are not part of an item listed for sale.
- Do not promote another website in such a manner as to imply that it is affiliated with Artist’s Alley.
- Do not hack Artist’s Alley, or modify or adapt it in any way.
- Do not cause Artist’s Alley to lose (in whole or in part) the services of Artist’s Alley’s ISPs or any other affiliates or suppliers.
- Do not appear to create liability for Artist’s Alley.
- Do not post items or comments that directly or indirectly link or contain descriptions of products or services that violate any part of this Agreement or any of Artist’s Alley’s policies or guidelines.
You may not list any item on Artist’s Alley that could cause Artist’s Alley to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.
By posting items for sale on Artist’s Alley, you grant Artist’s Alley a license to use any content or information you post so that Artist’s Alley is not violating any rights you may have in that content. You grant Artist’s Alley a non-exclusive, perpetual, royalty-free, irrevocable, worldwide, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content, in any media now known or not currently known, with respect to your content.
Personal information from other users (buyers and sellers) obtained in any manner through transactions on the Site, shall only be used for that transaction or for communications related to that Artist’s Alley transaction. We have not granted you license to use the information in any other manner, such as unsolicited messages. Without waiving any part of this limitation, and prior to any transaction, you must receive express consent from the user to add that user to your email or physical email list.
It is possible for an outside website or a third party to re-post part of the content that you post on Artist’s Alley (like pinterest, for one example). You agree to hold Artist’s Alley completely harmless for any dispute that may arise from this issue. In addition, if you chose to display your own Artist’s Alley-hosted image on another website, you must provide a link on that image back to the item’s listing on Artist’s Alley.
If you post or submit ideas to Artist’s Alley (like suggestions, proposals, etc), other than the items you are posting for sale, We consider those ideas to be non-confidential and nonproprietary. We will not be liable for how we share this material or how we use this material, as it related to any ownness to you on our part. Any communication by you (from email, forums, etc.) to Artist’s Alley is subject to this Agreement. You grant Artist’s Alley a non-exclusive, perpetual, royalty-free, irrevocable, worldwide, sub-licensable right to use, in any manner, commercial or otherwise, your submission without any compensation or accounting to you.
As mentioned earlier in this Agreement, Artist’s Alley does not control what is posted on the Site. It is quite possible that content may be found to be offensive, harmful, inaccurate, or deceptive, or that you may be dealing with people that are lying about their age, location, or other things.
Because you cannot be sure about the credentials and information provided by the people you are conducting business with on Artist’s Alley, you risk dealing with international trade and foreign nationals. You agree to accept these risks, and fully acknowledge that Artist’s Alley (and any of our staff or owners) is not responsible for any and all acts or omissions of users on Artist’s Alley. It is your responsibility to use extreme caution when buying and selling on Artist’s Alley. A little common sense goes a long way.
It’s possible that a user could post links to outside websites. If this occurs, We are not responsible for any resources or website linked to or referenced on the Site.
If a dispute arises between you and Artist’s Alley, please contact us. We will attempt to resolve the situation. Failing that, the following paragraph outlines how disputes will be resolved. It’s actual lawyer-type language.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Oakland County, Michigan, using an arbitration service chosen by Artist’s Alley. You will be responsible for your own expenses (including attorney fees, expert witness fees, and all other fees) as related to any arbitration. Should Artists Alley be the prevailing party in any arbitration or other proceeding arising under this Agreement, you will be required to reimburse, in addition to any amount awarded as part of a Judgement, any expenses (including attorney fees, expert witness fees, and all other fees) incurred by Artist’s Alley as related to the arbitration. 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. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Eastern District of Michigan. 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 Artist’s Alley 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.
You may report user-to-user disputes to your local law enforcement or postmaster general, or to a certified mediation or arbitration entity as necessary.
This Agreement releases Artist’s Alley (and it’s owners, agents, 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.
Artist’s Alley, ArtistsAlley, and ArtistAlley, along with Artist’s Alley graphics, logos, designs, page headers, button icons, scripts, and service names are registered servicemarks of Artist’s Alley, LLC. in the U.S. and/or other countries. Artist’s Alley’s servicemarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion.
- Bypass any measures Artist’s Alley may use to prevent or restrict access to the Site.
- Interfere (or attempt to interfere) with the proper working of the Site or any activities conducted on the Site.
- Cause in any manner an unreasonable (or disproportionately large as determined solely by Artist’s Alley’s discretion) load on Artist’s Alley’s infrastructure.
Artist’s Alley reserves the right to, without notice, remove content or delay the posting of content, post information about a user’s actions to the Artist’s Alley community, issue a warning to a user, suspend indefinitely or temporarily a user’s account privileges, prohibit a user’s access to the Site, and take any technical or legal steps deemed necessary by Artist’s Alley (without refunding any fees) and/or refuse to provide service to a user if Artist’s Alley suspects (by any means at it’s disposal), that a user has breached this Agreement or any other of Artist Alley’s guidelines, policies or terms (posted on or referenced by this Agreement), and/or if We are unable to verify or authenticate user provided information, and/or if We are unable to verify your content, and/or if Artist’s Alley suspects that a user is not acting in a consistent manner with Artist’s Alley’s policies, and/or if We suspect that a user has engaged in fraudulent activity on the Site, and/or that the actions of the user may cause Artist’s Alley (or their users) to incur financial loss or legal liability.
Artist’s Alley reserves the right to suspend (and/or terminate) a user’s account. Artist’s Alley reserves the right to suspend and/or terminate or any accounts held by a user, including all usernames under which that user operates.
Artist’s Alley and it’s employees, owners and suppliers, provide the Site and Artist’s Alley’s services without any warranty or condition, express, implied or statutory. Artist’s Alley and it’s employees, owners and suppliers disclaim any implied warranties of title, merchantability, performance, non-infringement, and fitness for a particular purpose. No advice or information, in any form or format, obtained by the user from Artist’s Alley, creates any type of warranty. If your state does not allow the disclaimer of implied warranties, then this disclaimer may not apply to you.
ARTIST’S ALLEY, IT’S EMPLOYEES, OWNERS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR DAMAGED IN ANY FORM OR FORMAT, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, 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, ARTIST’S ALLEY’S SERVICES, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INJURY TO YOUR PERSON OR PROPERTY, EMOTIONAL DISTRESS, OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. ARTIST’S ALLEY’S LIABILITY, ALONG WITH THE LIABILITY OF IT’S OWNERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO ARTIST’S ALLEY IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY, or $100, WHICHEVER IS THE GREATER AMOUNT. Some states do not allow this 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 ARTIST’S ALLEY, IT’S OWNERS, EMPLOYEES, AGENTS AND SUPPLIERS, 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.
We cannot and do not guarantee continuous, uninterrupted access to the Site. Operation of the Site may be interfered with by numerous factors outside of Artist’s Alley’s control.
Buyers and sellers shall be responsible for collecting and paying any and all taxes applicable to any purchases or sales of items made by them on the Site (excluding taxes on Artist’s Alley’s net income). Check with your state of residence to learn your responsibility for collecting sales tax.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artist’s Alley service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.
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 Artist’s Alley are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Michigan, excluding its conflicts of laws rules, and the United States of America.
Sections of this Agreement that relate to Fees and Services, Fees and Termination, Content, Information Control, Meetings, Groups or User Fees, Resolution of Dispute and Release, Intellectual Property, Access and Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guaranty, Severability, No Agency, and Choice of Law shall survive any termination or expiration of this Agreement.
Notices, unless stated otherwise, shall be given by postal mail to Artist’s Alley, 15982 Meadowood Ave, Southfield, MI 48076 (for Artist’s Alley) or to the email address you list in your Artist’s Alley profile (in your case). We shall deem a notice as having been given 24 hours after the email is sent, unless the email is returned as invalid. Artist’s Alley may give you notice by certified mail, to the address provided to Artist’s Alley. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Artist’s Alley, LLC, located at 15982 Meadowood Ave, Southfield, MI 48076.
Effective Date: May 14, 2014