Terms of Use | Charleston Art Shop

Effective Date: Dec 1, 2012
Last Updated: September 1, 2014

Terms of Use Agreement

The following terms and conditions govern all use of the CharlestonArtShop.com website and all content, services and products available at or through the website (the "Website"). The Website is owned and operated by CharlestonArtShop.com, LLC ("CharlestonArtShop.com"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CharlestonArtShop.com's Privacy Policy) and procedures that may be published from time to time on the Website (collectively, the "Agreement").

Please read this Agreement carefully before using this website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. This includes all users of the Website, whether or not you signup for a membership plan as an Artist ("Artist Signup") to list artwork for sale or register as a Customer ("Customer Registration") to make orders and purchase artwork. Please read this Agreement in full and indicate your acceptance of it when you complete the Artist Signup or Customer Registration process in order to make use of the CharlestonArtShop.com services (the "Services") by following the instructions provided. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by CharlestonArtShop.com, acceptance is expressly limited to these terms.

This Agreement sets out the legally binding terms for your use of the Website Services. CharlestonArtShop.com may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by CharlestonArtShop.com. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes CharlestonArtShop.com's policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Services.

CharlestonArtShop.com Services

The CharlestonArtShop.com e-commerce Website connects art customers (the "Customers") and local artists based in the Charleston, South Carolina area (the "Artists") to facilitate the sale of artwork created and owned by the Artists. CharlestonArtShop.com provides a venue for Artists to showcase and sell their artwork (the "Art Listings" or "Artwork Listing") directly to Customers. CharlestonArtShop.com facilitates the purchasing of artwork and the transfer of funds from the website Customers (art buyers) to the Artists (art sellers).

Artwork on CharlestonArtShop.com is listed, sold, and shipped directly by the Artist.

How It Works

A Customer places an order for artwork from Artwork Listings created by an Artist
The Customer makes a secure payment via PayPal electronic funds transfer and payment is processed directly to the Artist's PayPal account. If the Customer is in South Carolina, then the order is considered a "Local Order" and he/she may chose to pay the Artist offline via check/cash.
CharlestonArtShop.com sends a copy of the order email to the Artist, who begins to process the order
The Artist packages and ships, or otherwise safely delivers, the Artwork to the Customer. For Local Orders, arrangement may be made for pickup with the Artist.
The Artist updates the status of the order (e.g. "Shipped") via their CharlestonArtShop.com account. If shipped, the Artist must include the Tracking Number. If the artist cannot provide a tracking number for their shipment, then they will be liable for any refund requested by the customer due to lost shipments. USPS provides tracking numbers for all Priority Mail shipments.
The Customer must acknowledge receipt of the artwork by email to CharlestonArtShop.com. The Customer has 24 hours to inspect and approve the artwork and verify that it arrived in acceptable condition. To request a return, the Customer must completed the appropriate Return Request form on the website.

All Artwork Listings are supplied by the Artists and CharlestonArtShop.com only lists information about them for Customers to browse and purchase. CharlestonArtShop.com has no control over the truth or accuracy of the Art Listings, the ability of Artists to sell items or the ability of Customers to pay for items. CharlestonArtShop.com is a marketplace venue that facilitates sales. CharlestonArtShop.com never owns and does not transfer legal ownership of the Art Listings.

Non-Exclusive Right to Sell

Artists retain the right to sell their artwork at any other location!

CharlestonArtShop.com does NOT retain any exclusive right to sell the Art Listings. Artists retain the right to sell their artwork to others. If the Art Listing is sold and/or otherwise becomes unavailable (e.g. exhuasted supply), CharlestonArtShop.com requires that the Artist disable the Artwork Listing or notify us within 24 hours and the listing will be promptly removed. CharlestonArtShop.com reserves the right to cancel any Artist Memberships in the event the Artist fails to earnestly comply with this request. In the event that a Customer purchases an unavailable Art Listing: (1) a full refund will be issued to the Customer for that item; and (2) if the Artist did not properly notify CharlestonArtShop.com within the required 24 hour period following the sale of the item, then CharlestonArtShop.com reserves the right to charge the Artist the full commission fee on that item to help cover any expenses incurred (e.g. refund processing fees) from such negligence.

Account Registration

Artists and Customers must register an account ("Account Registration") with CharlestonArtShop.com in order to make full use of the Website Services. Customers must register an account (the "Customer Account") to track order status, create a wishlist, view order history, and more. Artists must register an account (the "Artist Account") as part of the Artist Signup process and to list artwork for sale (the "Artist Membership"). Account Registration requires certain personal information to be collected and saved (the "Account Info"), including: name, address, phone number, e-mail address, and more. Account Info will not be disclosed on the Website. After placing an order, Customer Account Info will be disclosed with the Artist selling the Artwork purchased in order to complete the transaction. The owner of the Customer Account is the person who created the account.

Artist Profile Webpage

The Website includes a Artist Index and individual webpages (the "Artist Webpage") for each Artist who completes the Artist Signup and joins the Artist Membership. The Artist Webpage may contain detailed personal information (the "Artist Info"), including: name, address, phone number, e-mail address, website address, other contact information, biography and/or Artist Statement, images of artwork and artwork details, and potentially more. Artist Info is provided and approved by the Artists during Artist Signup. All of this information is fully disclosed on the CharlestonArtShop.com website. Any and all potential Customers and Website visitors can view the Artist Webpage; login is NOT required.

Cancellation of Artist Membership / Customer Account

An Artist may cancel his/her Artist Membership with CharlestonArtShop.com and the owner of the Customer Account may close his/her account with CharlestonArtShop.com any time by notifying the Website by e-mail. CharlesontArtShop.com will cancel the Artist Membership / close the Customer Account as soon as possible. All Artist Info / Customer Info will be removed from the Website. Upon cancelation, the Artist will not be entitled to a refund of any previously charged subscription or advertising fees, if applicable. CharlestonArtShop.com reserves the right to cancel an Artist Membership / Customer Account at any time and for any reason.

After 30 days accounts without artwork listings may be deleted.

Eligibility

Engaging in use of the Website and the Services, including registering for an Artist Membership or Customer Account, is void where prohibited. By using the Website and the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of CharlestonArtShop.com shall not violate any applicable law or regulation. Artists' residence must be in the greater Charleston, South Carolina area. You are solely responsible for all content published or displayed through your account, including any comments or email messages.

Website User Responsibility

The Website user assumes complete responsibility for any and all risks associated with using or accessing the Website. This includes, but is not limited to, computer viruses infecting the user's computer and/or other electronic equipment. Furthermore, be advised that CharlestonArtShop.com makes no guarantee that connection to the Website will occur in a timely manner or that the connection to the Website will not become interrupted.

Thus, the user agrees that at no time shall any CharlestonArtShop.com owner, affiliate, director, officer, employee, agent, representative, licensor, contractor and/or their respective heirs be held liable for damages of any kind related to or arising from access or use of this Website.

CharlestonArtShop reserves the right to revise, suspend or discontinue any portion of the website without notice.

Returns, Claims, and Order Cancellations

Customers who wish to return an order must do so by submitting a return request via the appropriate form on the Website and contactin the Artist who sold them the Artwork Listing. The Customer has 24 hours to inspect and approve the artwork and verify whether or not it arrived in acceptable condition. Returns will only be authorized for verified shipping damage or found to be misrepresented by the Artist. In the case of misrepresentation, return packaging and shipping costs are the responsibility of the Artist and any commission paid by the Artist to CharlestonArtShop.com is final. For any claims of damage incurred by shipping with insurance, the Website will notify the Artist and assist as possible. Customer must take photographs and save packing materials. All claims for artwork shipped without insurance will be denied.

CharlestonArtShop.com reserves the right to cancel any order placed on our website at any time and for any reason. When an order is canceled, the Customer will receive a full refund, and the Artist will not be entitled to any profits from the sale.

Term & Fees

This Agreement shall remain in full force and effect while you use the Website, the Services, and/or have an Artist Membership / Customer Account. You may terminate your Artist Membership / Customer Account at any time and for any reason by notifying CharlestonArtShop.com. CharlestonArtShop.com may terminate your Artist Membership / Customer Account for any reason, effective upon sending notice to you at the email address you provide during Artist Signup / Customer Registration or such other email address as you may subsequently provide to CharlestonArtShop.com. If CharlestonArtShop.com terminates your Artist Membership / Customer Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after your Artist Membership / Customer Account is terminated, this Agreement will remain in effect. CharlestonArtShop.com's Terms of Use and/or subscription fees that were provided to you at Artist Signup / Customer Registration may change from time to time. By using the Services and by Artist Signup / Customer Registration, you acknowledge that CharlestonArtShop.com reserves the right to charge for the Services and has the right to terminate an Artist Membership / Customer Account should the Artist / Customer breach this Agreement or fail to pay for the Services, as required by this Agreement.

When an order is placed, Customers are responsible for paying shipping costs, insurance, and taxes (if applicable) as calculated and collected at checkout for the order and Artists are responsible for packaging costs and any difference between actual shipping and insurance costs and those collected from the Customer.

Proprietary Rights in Content on CharlestonArtShop.com

CharlestonArtShop.com owns and retains all proprietary rights to the digital content in the Website and involved with the use of the Services. The Website contains copyrighted material, trademarks, logos, and other proprietary information of CharlestonArtShop.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

I. You understand and agree that CharlestonArtShop.com may review and delete any content, message, photo or Account Info (collectively, "Content") that in the sole judgment of CharlestonArtShop.com violates this Agreement or which may be offensive, illegal or violates the rights, harm, or threatens the safety of any Customer or Artist.

II. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website or any material or information that you transmit to other Artists or Customers.

III. By posting any Content to the public areas of the Website, such as writing a review on an Artwork Listing, you hereby grant to CharlestonArtShop.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

IV. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. CharlestonArtShop.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership or account of such violators. Prohibited Content includes Content that:

is mean, offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
conduct that is abusive, threatening, obscene, defamatory or libelous
harasses or advocates harassment of another person
involves any unsolicited mass mailing or spamming
promotes information that you know is false or misleading
promotes illegal activities
promotes an illegal or unauthorized copy of another person's copyrighted work
contains restricted or password only access pages
provides material that is too sexual in nature
provides instructional information about illegal activities
solicits passwords or personal identifying information from others

V. You must use the Website and Services in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, logos, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CharlestonArtShop.com to terminate membership or account privileges of any Artist or Customer who repeatedly infringes copyright upon prompt notification to CharlestonArtShop.com by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify CharlestonArtShop.com by email and provide the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
a description of the copyrighted work that you claim has been infringed
a description of where the material that you claim is infringing is located on the Website
your address, telephone number, and email address
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy. Except as provided in our Privacy Policy, CharlestonArtShop.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent, unless required by law. CharlestonArtShop.com stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

Disclaimers

CharlestonArtShop.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Artists or Customers of the Website or by any of the equipment or programming associated with or utilized in the Services. CharlestonArtShop.com is not responsible for the conduct, whether online or offline, of any user of the Website or the Services. CharlestonArtShop.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. CharlestonArtShop.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances shall CharlestonArtShop.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Services are provided "AS-IS" and CharlestonArtShop.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CharlestonArtShop.com cannot guarantee and does not promise any specific results from use of the Website and/or the Services.

Limitation on Liability

IN NO EVENT SHALL CharlestonArtShop.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF CharlestonArtShop.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CharlestonArtShop.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO CharlestonArtShop.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of South Carolina without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of South Carolina.

Indemnity

You agree to indemnify and hold CharlestonArtShop.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Miscellaneous

This Agreement is accepted upon your use of the Website and is further affirmed by you registering a Customer or Artist Account and/or becoming a Member of the Services. This Agreement constitutes the entire agreement between you and CharlestonArtShop.com regarding the use of the Website and/or the Services. The failure of CharlestonArtShop.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.