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Conditions of Use

Accepting These Terms

This documents and all the other documents we will refer to below make up our house rules and we call it our terms of use.

By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions. If artsty wants to solve a case through court then all disputes shall be subjected to Howrah jurisdiction only.

This contract sets out your rights and responsibilities when you use our website, so please read it carefully. By using our website (even just for browsing), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use it further.

Other Documents

Artsty helps you sell and buy items both online and offline. Here’s a guide to help you understand the rules that are relevant for you:

Our Privacy Policy, Anti-Discrimination Policy, intellectual property rights, advertising, and marketing policy, delivery policy, buyers policy, sellers policy, and fees and payments policy.

All of these policies are a part of our Terms of use, so be sure to read the ones that are relevant to you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

Your Privacy

Your personal information is safe with us. By using our website, you’re agreeing that we can process your personal information in the ways set out in our privacy policy, so please read our privacy policy. Artsty and sellers both process personal information like name no. address, photos or email addresses and therefore are considered separate and independent data controllers. If a seller accidentally discloses any personal information of the buyer, the seller, not Artsty, will be responsible for that unauthorized disclosure. In the case of the joint data controller, if Artsty is sued, fined or incurs expenses because of the seller, the seller agrees to indemnify Artsty for the expenses in occurs. The seller will defend us from any legal claims and demands even lawyer’s fees that have to arise cause of your action or breach of our terms of use or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Your Account

You’ll need to create an account with us to buy or sell items. Here are a few rules about creating accounts:

  1. You must be 18 years or above.
  2. Provide accurate information about yourself. Be honest with us.
  3. You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights or otherwise violates the Terms of Use.
  4. You’re solely responsible for any activity on your account even if you are sharing your account with your business associates. Also, your accounts are not transferable.
  5. Don’t share your password with anyone.
  6. Let's be clear about our relationship. These terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Artsty.

Your Content

We don’t make any claim to your contents (like listing descriptions, reviews, comments, shop names, profile pictures, listing photos, videos, usernames, etc.).

  1. Responsibility for Your Content. You have the necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. Once you have posted your content, you give us the rights to use, edit the same for our website, promotion, and sales. For example, you acknowledge and agree we may offer buyers promotions on the site, from time to time, that may relate to your listings or resize or edit photos so that it looks good to a buyer for sale of the item.

  1. Reporting Unauthorized Content. If the content is owned by you or you have the rights and have been posted by someone else without your permission and you want it removed, please contact help@artsty.com.
  2. Inappropriate, False, or Misleading Content. You agree that you will not violate our Prohibited Items Policy nor post any content that is false and misleading in a manner that is fraudulent or deceptive.

Your Use of Our Services

Don’t break any law: Please obtain any permits or licenses that you require; it’s prohibited to sell anything that violates any laws. You may not engage in fraud, theft, anti-competitive, threatening conduct or any other unlawful acts or crimes against Artsty or third party.

Payments of your bills: You are responsible for payment of all your fees to Artsty. We will calculate, collect, and remit sales tax where applicable.  Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

Don’t try to steal or harm our system: You agree not to crawl, scrape, or spider any page or to reverse engineer or attempt to obtain the source code of the Services. You agree not to interfere with or try to disrupt our system, for example by distributing a virus or other harmful computer code.

Follow Our Trademark Policy: Our name "Artsty" and the other Artsty marks, phrases, logos, contents, and designs that we use, are trademarks, service marks, or trade dress of Artsty.

Share your products link on other social media pages: We would love it if you add your products link to your social media page. It will help you grow as much as it may help us grow with you.

Share Your Ideas and views: We love your suggestions and ideas! They can help us improve your experience and our services.

Termination

Termination by you:  We'd hate to see you go, but you can terminate your account with Artsty at any point from your account settings, terminating your account will not affect the availability of some of the Content that you posted through the services before termination. You’ll still have to pay any outstanding bills.

Termination by Artsty: We may terminate or suspend your account (and any related accounts) and your access to us at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services, for example, to sell or buy on our websites. Artsty may refuse service to anyone, at any time, for any reason.

If you or Artsty terminate your account, you may lose any information associated with your account, including Your Content.

We may discontinue the services: Artsty reserves the right to change, suspend, or discontinue any of the services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the Services.

The terms will remain in effect even after your access to the service is terminated, or your use of the service ends.

Rights and Responsibilities:

Items you purchase: You understand that Artsty does not manufacture, store or inspect any of the items sold through our services. The items in our marketplace are produced and sold directly by independent sellers, so Artsty can't and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Artsty from any claims related to items sold through our services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

The content you access: You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. Artsty is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.

People you interact with: You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

 

Third-Party Services: Our services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, etc.). You may also need to use a third party’s product or service to use some of our services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their terms of use. Artsty is not a party to those agreements; they are solely between you and the third party.

Gift cards and promotions: You acknowledge that Artsty does not make any warranties with concerning  Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties

Artsty is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits: To the fullest extent permitted by law, neither artsty, nor our employees or directors shall be liable to you for any lost profits or revenues, or any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms.

Disputes with Other Users

If you find yourself in a dispute with another user of Artsty’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Artsty will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Artsty has no obligation to resolve any disputes.

Release of Artsty: You release Artsty from any claims, demands, and damages arising out of disputes with other users or parties.

 Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Artsty regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 Contact Information

If you have any questions about the Terms, please email us at help@artsty.com.