Terms & Conditions
Table of Contents
Our Terms & Conditions were last updated 01/07/2023.
- Acceptance of Terms
- Changing the Terms
- Other Documents that Make up our Terms
- Your Privacy
- Your Artsi Account
- Buying on Artsi
- Buyer Relationship with Artsi
- Selling on Artsi
- Vendor Relationships with Artsi
- Your Content
- Your Use of Our Services
- Termination
- What You Can’t Sue Us For (Warranties and Limitation of Liability)
- If Someone Sues Us (Indemnification)
- Disputes with Other Users
- Disputes with Artsi
- Final Legal Note
- Contact Information
1. Acceptance of Terms
These documents, along with the other documents we mention below, make up our Terms of Use (“Terms” for short).
The Terms are a legally binding contract between you and Artsi LLC. We may refer to ourselves as Artsi, we, us, or our in the Terms.
When you use our services, including visiting or browsing our website, registering for an account, participating in the Artsi community, and using our features, you are agreeing to these Terms and entering into a contract with us.
This contract tells you what your rights and responsibilities are when you use Artsi.ai and the other services Artsi provides. This includes all of the websites and services we offer, so please read it carefully.
If you don’t agree with the terms, you can’t use any of our services. (What a bummer.)
IMPORTANT NOTE: Our Terms include waivers you may want to read about in Section 13 that states if there is a dispute between you and Artsi LLC, it will be resolved through binding arbitration. This means that you will not be able to go to court and have a judge or jury decide the case. You will also not be able to take part in class actions, class arbitrations, or representative actions.
2. Changing Our Terms
We may need to change these Terms from time to time. If we make any changes that affect your rights or responsibilities, we’ll give you notice of the changes by (at our option) posting on our blog, sending you an email or push notification, or updating the date listed at the top of these Terms. By continuing to use Artsi after the notification, you’re agreeing to be bound by the revised Terms.
3. Other Documents that Make up our Terms
Our Terms include and incorporate the following documents:
This Privacy Policy explains how Artsi collects, uses, and discloses your personal information when you use our website and services. Please read carefully to understand our practices regarding your information. If you do not agree, please do not use the Services.
We expect our Artsi Vendors to create a safe and respectful environment with the understanding they are responsible for their shop, their actions, and their words. This Vendor Code of Conduct explains what is expected of Artsi Vendors and what will not be tolerated. All Vendors must follow this Code of Conduct.
This Intellectual Property Policy explains how we deal with reports of copyright infringement, how others can report infringement of content on the site, and what Artsi sellers (“Vendors”) can do if their listings or shops are affected by a report.
This Fees, Subscriptions & Payments Policy explains how Artsi charges for use of our marketplace services, subscription plans, and other payments processed through our site.
This Affiliate Links Disclosure is designed to help you understand how Artsi uses affiliate links on our site and how we make money from them.
This Artsi Gallery Curation policy outlines submission details and guidelines to participate in the curation process and the Artsi VIP Vendor program.
This Artsi Affiliate Program Terms policy outlines requirements and expectations that each Artsi affiliate agrees to in order to participate in our affiliate program.
4. Your Privacy
Your privacy is very important to us. Please read our Privacy Policy for more details on how we collect, use, share, and protect your personal information.
A. Both Artsi and sellers (“Vendors”) process members’ personal information. This can include things like buyer name, email address, and shipping address. Because of this relationship, each party is responsible for the personal information it processes while providing the Services.
- For example: If a Vendor accidentally discloses a different buyer’s name and address when fulfilling another order; then that Vendor is liable – not Artsi.
B. If Artsi and the Vendor(s) are determined to be joint data controllers of buyers’ personal information, and if Artsi is sued, fined, or incurs costs as a result of something you did as a joint data controller of buyer personal information, you agree to pay for Artsi’s expenses. For more details about your responsibilities to pay for Artsi’s expenses, see Section 14 below.
5. Your Artsi Account
To use Artsi, you may need to set up an account with us. We have a few rules about how you can manage your account with us:
A. You must be 18 years old to create an account with us and to buy or sell on Artsi.
B. Provide accurate and up to date information about yourself. We need your real name, address, phone number, and email address so that we can provide our services to you and so that we or other members can contact you if necessary.
C. You’re responsible for anything that happens on your account, including any activity by unauthorized users. So keep your password confidential and don’t let anyone else access your account.
D. Pick an appropriate username. Usernames can’t be misleading, offensive, and they can’t infringe someone else’s trademark or other rights.
E. Don’t do anything illegal (a good general rule to follow in life) on Artsi. That includes buying or selling counterfeit items, engaging in fraudulent financial transactions, violating someone’s intellectual property rights, and breaking any laws.
6. Buying on Artsi
A. When you buy something on Artsi, you’re entering into a contract with the Vendor to purchase an item that they’ve offered for sale on our site. The terms of that contract are between you and the Vendor, including the Vendor’s refund policy. Please make sure you read the listing carefully before you buy.
B. We’re not responsible for making sure that buyers actually receive the items they’ve purchased, or items meet the description in the listing. That’s the Vendor’s responsibility, but we encourage you to let us know if there’s a problem with your order. We may take action against a Vendor if we think they’re trying to defraud buyers or otherwise violate our policies.
7. Buyer Relationship with Artsi
We want to make sure as a buyer on Artsi you understand our relationship with you. Here are a few key points:
Artsi currently operates under two main branches of services: Artsi Marketplace and Artsi Gallery.
A. Artsi Marketplace
- Artsi is a marketplace platform that allows third-party Vendors to offer goods and services to you. When you buy something from a Vendor on Artsi, you’re entering into a contract directly with the Vendor, not with Artsi.
- We’re not responsible for the products that Vendors offer on our site. We only provide the platform for buyers and Vendors to connect.
- We’re not responsible for the actions of other members. If another member does something that violates our policies or the law, we’ll take appropriate action, but you may also have legal rights against that member.
- We’re not responsible if something goes wrong with a transaction – for example, if the item you receive is different from the listing description, or if you don’t receive an item at all.
B. Artsi Gallery
- Artsi Gallery provides you access to artwork from our VIP vendors, who we have partnered with in order to offer a unique and exclusive selection of artwork.
- When you purchase artwork through Artsi Gallery, your purchase is made directly with the vendor but Artsi handles all fulfillment and service of the sale.
- Any concerns regarding smooth shopping experience on our platform and helpful customer service will be provided by Artsi rather than the vendor.
8. Selling on Artsi
A. When you sell something on Artsi, you’re entering into a contract with the buyer to provide them with an item that they’ve offered to purchase from your shop. The terms of that contract are between you and the buyer.
B. You’re responsible for making sure that buyers actually receive the items they’ve purchased from you, and for complying with all applicable laws in your jurisdiction, including taxation laws.
C. If Artsi suspects that a sale or multiple sales on a vendor account potentially violate our terms of service, Artsi reserves the right to suspend or terminate the vendor account. This includes instances where there are suspected violations of the prohibited items and activities listed in the terms of service.
D. If the violation involves suspected financial fraud, Artsi reserves the right to hold, verify, or reverse transactions that are deemed potentially fraudulent.
E. Artsi retains the right to deny payout requests related to the vendor account in question as a result of these suspected violations. This ensures that Artsi can take appropriate measures to investigate and address any potential breaches of the terms of service or instances of suspected financial fraud, in order to maintain a secure and reliable platform for all users.
9. Vendor Relationships with Artsi
We want to make sure as a Vendor on Artsi you understand our relationship with you. Here are a few key points:
A. You’re an independent contractor, not an employee, partner, agent or joint venturer with Artsi. This means that:
- You’re responsible for your own taxes and compliance with applicable laws.
- You’re not entitled to any benefits that Artsi may provide to its employees, like health insurance or paid time off.
- You’re not authorized to make commitments on Artsi’s behalf.
B. Vendors may elect to pay Artsi a monthly service fee to handle fulfillment of Gallery sales on their behalf.
- As a VIP Vendor, you’ll become elgible to offer exclusive artwork on Artsi Gallery, and Artsi handles all listing and fulfillment of the sale.
- All orders will be processed through Artsi and we’ll set the terms of sale that are applicable for all vendors using our platform.
C. You’re responsible for following the Artsi Vendor Code of Conduct. This includes making sure that the products you sell on Artsi comply with our policies and applicable laws, don’t infringe anyone’s intellectual property rights, and are not illegal.
10. Your Content
What you post on our Services is called “Your Content.” We don’t own it – you do. This includes anything you submit using our Services (such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, usernames).
You are responsible for the content you post. This includes making sure that you have the rights to use all of the content and that you aren’t infringing on any other person’s or parties rights.
A. When you post Your Content on Artsi, you give us full rights to use it. This way, we don’t infringe on your rights and we can help promote it. For example, we may feature one of your listings on our home page or social media. We might translate your product descriptions into different languages so that more people can see them. You still own Your Content (to the degree that AI-related laws allow – it’s a brave new world out there), but you give us certain rights to use it.
B. Artsi respects the intellectual property rights of others and is committed to following legal procedures for removing any unauthorized content from our Services. If we receive a report that your content infringes on someone else’s intellectual property, we will take appropriate action, such as disabling the content or terminating your account if you are found to be a repeat offender. We will notify you if any of this occurs.
C. You agree not to post any content on Artsi’s Services that is abusive, threatening, defamatory, lewd, obscene, vulgar, or otherwise objectionable. You also agree not to post any information that is false and misleading or uses the Services in a fraudulent or deceptive manner.
11. Your Use of Our Services
We give you a license to use our Services that is limited, not exclusive, not transferrable, and can be taken away. You can use our services but only if you follow the rules we have:
A. You must obey the law when you use the Services. This includes local, state, federal, and international law. You are responsible for getting any permits or licenses required by government regulations. You must also obey the law in any jurisdiction where you plan to run your shop. You must also obey any other applicable laws that apply to your sale or independent businesss. You are not allowed to engage in any criminal activity, such as theft or fraud, against Artsi, another Artsi user, or a third party.
B. You are responsible for any fees that you owe to Artsi. You are also responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. You agree not to use any robot, scraper, or other automated means to access the Services or extract data from the Services (Artsi or Vendor Content) without our express written consent.
D. You agree not to interfere with our Services or try to disrupt them. This includes things like distributing a virus, making too many requests to our site or platform, or creating harmful computer code.
E. Artsi and our other trademarks, phrases, logos, and designs (the Artsi Trademarks) are trademarks, service marks, or trade dress in the United States and other countries. You agree to comply with our Trademark Policy if you choose to use our trademarks.
F. We welcome feedback, suggestions and ideas. They can help us improve our Services. Any ideas or other materials you submit to Artsi (not including Your Content or items you sell through our Services) may be used by us for any purpose, without compensation to you.
G. Sometimes Artsi will give you legal information in writing. You agree that we can send you information electronically (like by email) instead of mailing you paper copies. And your electronic agreement is the same as your signature on paper.
12. Termination
A. If you decide that you no longer want to use Artsi, you can terminate your account at any time. Terminating your account will not affect the availability of some of your content that you posted through the service prior to termination. But, you will still have to pay any outstanding bills.
B. We may terminate or suspend your account and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a right to continue to use our Services. This means that, for example, you can’t sell or buy on our websites or participate in our community anymore. Unless we have legal or regulatory reasons preventing us from notifying you, Artsi will generally notify you that your account has been terminated or suspended.
C. If you or Artsi close your account, you may lose any information associated with your account, including Your Content.
D. Artsi has the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason. This includes changes to Artsi’s policies. We will not be responsible for how this may affect you, including your income or ability to generate revenue through the Services.
E. Even if you stop using the Service or your access to the Service is terminated, the Terms will still apply.
13. What You Can't Sue Us For (Warranties and Limitation of Liability)
A. You cannot sue Artsi for items that you purchase from our Marketplace. Artsi does not make, store, or inspect any of the items sold through our Marketplace Services. We provide the venue for people to sell their products. The products in our marketplace are made and listed by independent Vendors. So Artsi cannot and does not make any warranties about their quality, safety, authenticity, or legality. If you have a problem with something you bought, you have to sue the Vendor, not Artsi. We aren’t responsible for anything that goes wrong with an item you buy from someone else. This includes things like it being defective, the Vendor lying, or the item hurting you (like if it’s a product liability claim). You release Artsi from all claims, demands and damages that you have or could have against us related to items you buy from third-party Vendors.
B. You cannot sue Artsi for content you may access while using our Services. You may come across materials while using our Services that you find offensive, inappropriate, or that you may not be able to access in your country. Artsi does not control the content posted by vendors, nor does it guarantee the accuracy, integrity, or quality of such content. You understand and agree that by using our Services you may be exposed to materials that you find offensive or objectionable. Artsi 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.
C. You cannot sure Artsi for interactions with people you meet through our Services. Our Services may provide you with opportunities to interact with other users, such as for transactions, comments, or forums. You understand and agree that we are not responsible for the conduct of any user. We don’t screen users, so you should be careful when meeting someone in person. You release us from all claims, demands and damages that you have or could have against us related to interactions with other users.
D. You cannot sue Artsi for anything that happens relating to your use of Third Party Services. Some of our services may link to other websites or services that we don’t own or control. You may also need to use a different company’s product or service in order to use some of our services (like using a phone application to allow you to preview artwork in augmented reality). When you access these other services, you do so at your own risk. If you use a third party service, they may require you to agree to their own terms of use. Artsi is not responsible for those agreements. They are between you and the third party service only.
E. Our services are provided “as is” and without any 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.
You use our services at your own risk. We cannot guarantee that:
- The services will be available at any particular time or location.
- Any defects or errors will be corrected.
- The services will be free of viruses or other harmful materials.
- The results of using the services will meet your expectations.
We are not liable to you for any lost profits or revenue, or for any damages that you may suffer. This includes any consequential, incidental, indirect, special, or punitive damages. Our liability is limited to one hundred US dollars ($100) or the amount you paid us in the past twelve months.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of damages, so some of these disclaimers and limitations may not apply to you.
14. If Someone Sues Us (Indemnification)
A. You agree to indemnify and hold Artsi and its employees harmless from any legal claim that arises out of your actions, use (or misuse) of our Services, breach of the Terms, or violation of someone else’s rights. This includes defending us in court and paying any associated attorney’s fees. This means that if we get sued because of something you did while using our Services, you agree to pay for our legal fees and any damages that may result.
B. We retain the right to handle our legal defense in whatever manner we choose, even if you are indemnifying us, and you agree to work with us on our plan.
15. Disputes with Other Users
A. If you have a disagreement with another user of Artsi’s services or someone else, we suggest that you try to resolve the disagreement directly and in a friendly way.
B. If a buyer or Vendor is unable to resolve an issue related to their use of our Services, they may reach out to Artsi customer support for assistance. Artsi will attempt to assist you in resolving your issues in good faith and in accordance with our policies. We won’t get involved in legal disputes or claims. We have no obligation to fix any problems.
C. You release Artsi from any claims, demands, and damages that may come from disputes with other users or parties.
16. Disputes with Artsi
If you have a problem with our service, please let us know. We want to help you and fix the issue. If we can’t, then these rules will govern any legal dispute between us.
A. The Terms are governed by the laws of the State of Indiana. This means that the laws of Indiana will apply to you, no matter where you live in the world. However, if you live outside of the United States, you may be entitled to some protections from your local consumer protection law.
B. If there is a dispute or claim related to the Terms, you agree it will be resolved through final and binding arbitration with the American Arbitration Association, using English, rather than in court.
C. If there is a dispute between us, it will be resolved through arbitration or mediation. This means that we will not have a trial in front of a jury, and you will not be able to participate in class action lawsuits.
D. Each party can go to court to try to get an order that will stop the other party from doing something until a decision is made by the arbitrator or mediator.
E. If the arbitrator or mediator rules against us, you agree that you will not be entitled to recover any more than what is provided in these Terms of Use (up to one hundred US dollars ($100)). You also agree that we will not be liable for any indirect, consequential, incidental, special, or punitive damages, or for any lost profits or revenue.
F. Payment for any and all reasonable filing, administrative, and arbitrator fees will be in accordance with the rules of the American Arbitration Association.
G. We’re based in Indiana, so any legal action against Artsi related to our Services must be filed and take place in Vanderburgh County, Indiana.
17. Final Legal Note
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Artsi 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.