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This document outlines the terms of service for ArtFire.com. By accessing this site, using any function or service of the site or logging in to an account you are agreeing to the terms and conditions outlined here, you (the user) accept that this is a legally binding document between yourself and ArtFire.com. ArtFire.com is a virtual venue that allows the buying and selling of unique artisan made goods. ArtFire.com is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the site (ArtFire.com). ArtFire accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
All users must agree to, and comply absolutely with the terms and conditions set forth by this document. Use of the site constitutes agreement to comply with these terms of use.
Access to buyer account functions and general buyer usage is free. Access to a Pro seller account and seller functions requires a current and up to date pro member subscription. It is the sole discretion of ArtFire to grant site usage, as well as to revoke site usage at any time, for any reason and without notice to you. By your use of the site you agree that ArtFire is not liable to you or any third party for the termination of your account, or restriction from website usage. ArtFire retains the right to refuse service to any member and suspend any users account at its sole discretion.
To access and utilize the resources on this site you must be a registered user or comply with the following restrictions: ArtFire's services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that ArtFire shall not be held responsible for any damages incurred by non-commitment to this policy.
Further, you as either a registered or non-registered user, agree to comply with the TOU of ArtFire and decisions of ArtFire staff, and shall not act in a manner that hinders or prohibits ArtFire from conducting business or damages the integrity of the marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
ArtFire provides a platform for artisans to buy and sell handmade/fine art/design/media/vintage/supply goods. Sellers may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at ArtFire's discretion and the user's account will be evaluated for possible termination. ArtFire reserves the right to review a user's account at anytime and without notice. ArtFire reserves the right to remove content which is deemed to be inappropriate or that could subject ArtFire to legal action.
Registered pro sellers may open a "studio" and sell an unlimited number of items. All users must warrant that the products that they intend to sell on ArtFire are described accurately and completely. Each one-of-a-kind item may only have one listing. Multiple quantity items may be listed by Pro sellers. Items listed by Pro sellers will remain active as long as the Pro account is paid in full.
Studios - All users that choose to open a studio are encouraged to create and post a list of policies outlining the specific details for their studio. These policies should include but not be limited to: shipping and handling fees, payment processors, return policy, and selling policies. All studio policies must conform to the policies for acceptable use and privacy set forth by ArtFire.com. In the event the studio policies conflict with the TOU of ArtFire.com the TOU will supersede any studio policies.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. ArtFire shall not be held liable, nor will ArtFire mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification or customization requests and communication. Sellers are required to confirm customization via email for OOAK or customized products to ensure a record of the request outside of the internal ArtFire systems.
The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user's account without permission. Violation of this policy will result in an investigation by ArtFire, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by ArtFire.com.
The ArtFire cart and checkout process includes the addition of applicable sales taxes where our software can determine a tax nexus between buyer and seller. Tax rates are updated quarterly by independent tax data providers. Due to the complexity of tax rates and application in multiple states, the accuracy of the tax rate identified in the cart and checkout is based on the best information available to the software at the time of checkout and may or may not be accurate based on changes to any particular jurisdictions tax laws. As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county and state or other tax region). ArtFire cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller'ks local jurisdiction remains the sole responsibility and liability of the seller. ArtFire does not collect or make tax payments on any seller's behalf. All Sellers have the ability to turn off the tax calculations at the studio level by going HERE (link to tax settings) and collect tax independently of the suggested tax rates in the ArtFire shopping cart and checkout process.
By using the ArtFire platform you agree that ArtFire is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
All users of ArtFire.com must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. ArtFire will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on ArtFire.com. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on ArtFire.com.
Through the use of the ArtFire.com service, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and or services. ArtFire does not represent either party, and does not charge fees or commissions from the transaction between parties.
Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretence, misrepresentation, and with the intent to commit fraud.
While ArtFire takes precautionary measures to ensure the identity and validity of users who sign up electronically to use the site service, we cannot and do not confirm the identity of all parties who use the ArtFire.com service. We suggest all users employ common sense, and encourage users to contact ArtFire to report any and all suspicious behavior or misappropriation of the site service.
ArtFire does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via service@ArtFire.com. ArtFire provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOU and decisions made by ArtFire.com staff.
For disputes between users and ArtFire, please contact ArtFire directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.
In the event that a dispute arises between one or more users of the ArtFire site or a 3rd party, ArtFire will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, ArtFire has no obligation to mitigate or resolve disputes between users and other parties. ArtFire encourages users to use the proper local, national or international authorities to assist in dispute resolution.
All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by ArtFire, ArtFire staff, or contractors of ArtFire are considered the trade dress of ArtFire.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of ArtFire or its officers, manager's agents and/or staff.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to republish said content for the purposes of promoting or providing benefit to the web community and properties of ArtFire.
This license extends to the reasonable lifetime of any promotional tool. ArtFire.com does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:
ArtFire.com
Attn: Marketplace Integrity Division
283 N Stone
Tucson, AZ 85701
Email: MID@artfire.com
All end users recognize that ArtFire.com has no control over any third party who may harvest or use content from a public website. Additionally, ArtFire.com software allows users to post, publish and store content and information without pre-approval. ArtFire.com is in the business of software rental. ArFire.com does not charge any commission or fee based on the listing or sale of any item, service or information. The totality of revenue for this site is derived from software rental for an e-commerce platform, promotional services and advertising services. As such, ArtFire.com meets the required safe harbor test listed in [512(c)(1)(B)], [512(d)(2)] of the DMCA.
As an OSP, ArtFire.com fully complies with the DMCA and will facilitate, in a neutral conduit role, the claims of any parties. ArtFire.com takes all claims of copyright/trademark infringement seriously. Claims of infringement are to be made by the actual legal holder of the copyright/trademark or by the duly appointed legal agent of said person, party, estate, entity or corporation, and must include the following to be deemed complete and valid:
1. An electronic or physical signature of the complaining party [512(c)(3)(A)(i)]
2. Identification of the copyrighted work or works claimed to be infringed. [512(c)(3)(A)(ii)]
3. Identification of the claimed infringing materials and information that is reasonably sufficient to locate the infringing material [512(c)(3)(A)(iii)].
4. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
Only the actual copyright/trademark owner or legally authorized agent may make a claim. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requestor liable for damages. By submitting a DMCA takedown request you are certifying that you have researched the appropriate rulings and laws regarding takedown requests and you accept the liability for false or damaging takedown requests.
Requesting a DMCA takedown incorrectly or falsely may make the requestor liable for substantial damages. Some of the rulings regarding improper takedown requests can be found here:
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold
http://lightbucket.wordpress.com/2009/08/07/dmca-takedown-misuse-two-cautionary-tales
http://www.tabberone.com/Trademarks/Articles/DMCA/EricGoldmanBlog/articleDMCA20050916.shtml
http://www.webtvwire.com/fair-use-on-youtube-judge-backs-stephanie-lenz-in-overzealous-takedown-notice-case/
If all documents are received in proper order, the sellers' items will be taken down pending a response from the seller. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.
ArtFire.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. ArFire.com will communicate to the affected sellers after a takedown is executed. Sellers whose items are taken down have 3 business days to respond to the claim with a counter claim. As ArtFire.com will forward this response (counter claim) to the claimant, the response should be directed to the claimant and ArtFire.com should be copied on that response.
If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, ArtFire.com will notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, ArtFire.com will restore the material to its location on the site. [512(g)(2)(C)]
The Seller's response should include:
1. The subscriber's (Seller's) name, address, phone number and physical or electronic signature [512(g)(3)(A)]
2. Identification of the material and its location before removal [512(g)(3)(B)]
3. A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
4. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]
If no counter claim is made within 3 business days, the takedown will stand. Re-listing items containing the intellectual property that has been previously taken down but not counter claimed; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the ArtFire.com TOU and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated takedown requests may also constitute grounds for account termination. Harassing, frivolous or other damaging takedown notices that impede the ability of ArtFire to engage in business or substantially impact our resources may also create liability for abusive requestors.
In an effort to ensure clear communication of the concerns of intellectual property rights holders, ArtFire.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to ArtFire.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to ArtFire.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Claims of fair use, homage, artistic use, or other defenses of copyright infringement are the purview of the courts and not sufficient to counter a bona-fide claim of infringement for the application of ArtFire.com policy. Failure to provide a response within 14 business days will be assumed to be an agreement to remove the listings in question and desist from re-listing items containing the specific intellectual property identified in the bona-fide complaint.
ArtFire.com may at its discretion forward the counter-claim and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of ArtFire.com
If no counter claim is made, ArtFire.com will require and enforce the removal of the items in question. Re-listing items containing the intellectual property in violation of court order or successful claim of infringement constitutes a violation of the ArtFire.com TOU and may result in cancellation of the account.
In an effort to ensure clear communication of the concerns of intellectual property rights holders ArtFire.com may at its sole discretion publish any legal communication, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant. In submitting any communication to ArtFire.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to ArtFire.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Please send all correspondence regarding claims of infringement or counterclaim to:
ArtFire.com
Attn: Marketplace Integrity Division (MID)
7739 E. Broadway #167
Tucson, AZ 85710
ArtFire.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. ArtFire.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. ArtFire.com encourages all members to learn about and understand the laws regarding these issues.
A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code can be found here: http://www.copyright.gov/title17/92chap5.html
The full text of the Lanham act can be found here: http://www.bitlaw.com/source/15usc/
More government-provided information on copyrights can be found here: http://www.copyright.gov
Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/
Further Trademark, DMCA and copyright articles, information and resources http://www.tabberone.com/Trademarks/trademarks.html
By registering as an ArtFire.com user or accessing the site you hereby agree that:
You use the ArtFire.com site and service with the knowledge that it is at your own risk. The website and service are provided "as is" and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.
ArtFire and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the ArtFire site and services.
No advice, communication or other information provided by ArtFire and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
These terms and any dispute arising there from shall be governed by the laws of Arizona.
By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to ArtFire.com for services.
By executing any transaction or viewing or using any portion of this site you agree to hold harmless ArtFire.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.
Due to the nature of our membership service, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. From time to time, we may provide a free time period or other service of value in the form of a credit. The amount and form of such credits, and the decision to award them, are at our sole discretion. The creation or award of credits in certain situations does not entitle a user or other users to any credits in the future for similar instances, nor does it obligate ArtFire to award credits in the future.
We may change the fees and charges in effect, or add new fees and charges from time to time at our sole discretion, but we will give you advance notice of these changes by email.
Your Pro membership will continue in effect unless and until you cancel your membership or we terminate it. You must downgrade your membership via the control panel downgrade page found here:
Click Here To Visit The Downgrade Page
You cannot fully cancel (complete removal of buyer account as well) your account until you have downgraded it first. You must downgrade the account 3 business days before it renews each month in order to avoid billing of the next month's membership fees to your payment method. All downgrade requests must be made via the control panel to confirm the user identity and security.
You may downgrade your Pro membership to ArtFire at anytime, and termination of your pro membership (downgraded to buyer only) will be effective upon the completion of the current subscriptions term. We do not provide refunds for partial subscriptions. Though it is not our policy to do so, we reserve the right to cancel your Pro account for any reason.
You will be required to provided a credit card as a payment method for your Pro member subscription, in addition to any relevant information regarding your recurring payment to assist us in processing your request promptly. Please allow at least 3 business days for us to receive and process your request. Account downgrades and cancellation requests are not processed on the weekends or holidays.
Buyer only users may request inactivation of their account at any time. Inactivation eliminates the functionality of an account and removes it from our active system Accounts that are inactive for an extended period may be deleted. Records of deleted accounts and users may be maintained, however, once an account has been inactivated or deleted the user name is no longer reserved and may be used again by the same or another user in the future.
- Acceptance of Terms
- Service
- Eligibility
- Listing and Selling Products
- Infringement of Policy
- Buyer and Seller Transactions
- Dispute Resolution
- Intellectual Properties
- Disclaimer of Warranties
- Severability
- Venue
- Limitation of Liability and Compensation
- Hold Harmless
- Cancellation / Return of Funds
- Item Decision Tree
- Glossary for Item Decision Tree
- Prohibited Items
- Commercial Marketplace
- Artistically Arranged Items
- Username, Account names, Usage, Squatting and Artfire.com Reserved Rights
- Commercial Anchor Accounts (Craft Supplies)
1. Acceptance of Terms
This document outlines the terms of service for ArtFire.com. By accessing this site, using any function or service of the site or logging in to an account you are agreeing to the terms and conditions outlined here, you (the user) accept that this is a legally binding document between yourself and ArtFire.com. ArtFire.com is a virtual venue that allows the buying and selling of unique artisan made goods. ArtFire.com is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the site (ArtFire.com). ArtFire accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
All users must agree to, and comply absolutely with the terms and conditions set forth by this document. Use of the site constitutes agreement to comply with these terms of use.
2. Service
Access to buyer account functions and general buyer usage is free. Access to a Pro seller account and seller functions requires a current and up to date pro member subscription. It is the sole discretion of ArtFire to grant site usage, as well as to revoke site usage at any time, for any reason and without notice to you. By your use of the site you agree that ArtFire is not liable to you or any third party for the termination of your account, or restriction from website usage. ArtFire retains the right to refuse service to any member and suspend any users account at its sole discretion.
3. Eligibility
To access and utilize the resources on this site you must be a registered user or comply with the following restrictions: ArtFire's services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that ArtFire shall not be held responsible for any damages incurred by non-commitment to this policy.
Further, you as either a registered or non-registered user, agree to comply with the TOU of ArtFire and decisions of ArtFire staff, and shall not act in a manner that hinders or prohibits ArtFire from conducting business or damages the integrity of the marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
4. Listing and Selling Products
ArtFire provides a platform for artisans to buy and sell handmade/fine art/design/media/vintage/supply goods. Sellers may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at ArtFire's discretion and the user's account will be evaluated for possible termination. ArtFire reserves the right to review a user's account at anytime and without notice. ArtFire reserves the right to remove content which is deemed to be inappropriate or that could subject ArtFire to legal action.
Registered pro sellers may open a "studio" and sell an unlimited number of items. All users must warrant that the products that they intend to sell on ArtFire are described accurately and completely. Each one-of-a-kind item may only have one listing. Multiple quantity items may be listed by Pro sellers. Items listed by Pro sellers will remain active as long as the Pro account is paid in full.
Studios - All users that choose to open a studio are encouraged to create and post a list of policies outlining the specific details for their studio. These policies should include but not be limited to: shipping and handling fees, payment processors, return policy, and selling policies. All studio policies must conform to the policies for acceptable use and privacy set forth by ArtFire.com. In the event the studio policies conflict with the TOU of ArtFire.com the TOU will supersede any studio policies.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. ArtFire shall not be held liable, nor will ArtFire mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification or customization requests and communication. Sellers are required to confirm customization via email for OOAK or customized products to ensure a record of the request outside of the internal ArtFire systems.
The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user's account without permission. Violation of this policy will result in an investigation by ArtFire, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by ArtFire.com.
The ArtFire cart and checkout process includes the addition of applicable sales taxes where our software can determine a tax nexus between buyer and seller. Tax rates are updated quarterly by independent tax data providers. Due to the complexity of tax rates and application in multiple states, the accuracy of the tax rate identified in the cart and checkout is based on the best information available to the software at the time of checkout and may or may not be accurate based on changes to any particular jurisdictions tax laws. As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county and state or other tax region). ArtFire cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller'ks local jurisdiction remains the sole responsibility and liability of the seller. ArtFire does not collect or make tax payments on any seller's behalf. All Sellers have the ability to turn off the tax calculations at the studio level by going HERE (link to tax settings) and collect tax independently of the suggested tax rates in the ArtFire shopping cart and checkout process.
By using the ArtFire platform you agree that ArtFire is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
5. Infringement of Policy
All users of ArtFire.com must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. ArtFire will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on ArtFire.com. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on ArtFire.com.
6. Buyer and Seller Transactions
Through the use of the ArtFire.com service, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and or services. ArtFire does not represent either party, and does not charge fees or commissions from the transaction between parties.
Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretence, misrepresentation, and with the intent to commit fraud.
While ArtFire takes precautionary measures to ensure the identity and validity of users who sign up electronically to use the site service, we cannot and do not confirm the identity of all parties who use the ArtFire.com service. We suggest all users employ common sense, and encourage users to contact ArtFire to report any and all suspicious behavior or misappropriation of the site service.
ArtFire does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via service@ArtFire.com. ArtFire provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOU and decisions made by ArtFire.com staff.
7. Dispute Resolution
For disputes between users and ArtFire, please contact ArtFire directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.
In the event that a dispute arises between one or more users of the ArtFire site or a 3rd party, ArtFire will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, ArtFire has no obligation to mitigate or resolve disputes between users and other parties. ArtFire encourages users to use the proper local, national or international authorities to assist in dispute resolution.
8. Intellectual Properties
All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by ArtFire, ArtFire staff, or contractors of ArtFire are considered the trade dress of ArtFire.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of ArtFire or its officers, manager's agents and/or staff.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to republish said content for the purposes of promoting or providing benefit to the web community and properties of ArtFire.
This license extends to the reasonable lifetime of any promotional tool. ArtFire.com does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:
ArtFire.com
Attn: Marketplace Integrity Division
283 N Stone
Tucson, AZ 85701
Email: MID@artfire.com
All end users recognize that ArtFire.com has no control over any third party who may harvest or use content from a public website. Additionally, ArtFire.com software allows users to post, publish and store content and information without pre-approval. ArtFire.com is in the business of software rental. ArFire.com does not charge any commission or fee based on the listing or sale of any item, service or information. The totality of revenue for this site is derived from software rental for an e-commerce platform, promotional services and advertising services. As such, ArtFire.com meets the required safe harbor test listed in [512(c)(1)(B)], [512(d)(2)] of the DMCA.
As an OSP, ArtFire.com fully complies with the DMCA and will facilitate, in a neutral conduit role, the claims of any parties. ArtFire.com takes all claims of copyright/trademark infringement seriously. Claims of infringement are to be made by the actual legal holder of the copyright/trademark or by the duly appointed legal agent of said person, party, estate, entity or corporation, and must include the following to be deemed complete and valid:
1. An electronic or physical signature of the complaining party [512(c)(3)(A)(i)]
2. Identification of the copyrighted work or works claimed to be infringed. [512(c)(3)(A)(ii)]
3. Identification of the claimed infringing materials and information that is reasonably sufficient to locate the infringing material [512(c)(3)(A)(iii)].
4. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
Only the actual copyright/trademark owner or legally authorized agent may make a claim. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requestor liable for damages. By submitting a DMCA takedown request you are certifying that you have researched the appropriate rulings and laws regarding takedown requests and you accept the liability for false or damaging takedown requests.
Requesting a DMCA takedown incorrectly or falsely may make the requestor liable for substantial damages. Some of the rulings regarding improper takedown requests can be found here:
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold
http://lightbucket.wordpress.com/2009/08/07/dmca-takedown-misuse-two-cautionary-tales
http://www.tabberone.com/Trademarks/Articles/DMCA/EricGoldmanBlog/articleDMCA20050916.shtml
http://www.webtvwire.com/fair-use-on-youtube-judge-backs-stephanie-lenz-in-overzealous-takedown-notice-case/
If all documents are received in proper order, the sellers' items will be taken down pending a response from the seller. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.
ArtFire.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. ArFire.com will communicate to the affected sellers after a takedown is executed. Sellers whose items are taken down have 3 business days to respond to the claim with a counter claim. As ArtFire.com will forward this response (counter claim) to the claimant, the response should be directed to the claimant and ArtFire.com should be copied on that response.
If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, ArtFire.com will notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, ArtFire.com will restore the material to its location on the site. [512(g)(2)(C)]
The Seller's response should include:
1. The subscriber's (Seller's) name, address, phone number and physical or electronic signature [512(g)(3)(A)]
2. Identification of the material and its location before removal [512(g)(3)(B)]
3. A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
4. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]
If no counter claim is made within 3 business days, the takedown will stand. Re-listing items containing the intellectual property that has been previously taken down but not counter claimed; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the ArtFire.com TOU and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated takedown requests may also constitute grounds for account termination. Harassing, frivolous or other damaging takedown notices that impede the ability of ArtFire to engage in business or substantially impact our resources may also create liability for abusive requestors.
In an effort to ensure clear communication of the concerns of intellectual property rights holders, ArtFire.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to ArtFire.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to ArtFire.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Claims of fair use, homage, artistic use, or other defenses of copyright infringement are the purview of the courts and not sufficient to counter a bona-fide claim of infringement for the application of ArtFire.com policy. Failure to provide a response within 14 business days will be assumed to be an agreement to remove the listings in question and desist from re-listing items containing the specific intellectual property identified in the bona-fide complaint.
ArtFire.com may at its discretion forward the counter-claim and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of ArtFire.com
If no counter claim is made, ArtFire.com will require and enforce the removal of the items in question. Re-listing items containing the intellectual property in violation of court order or successful claim of infringement constitutes a violation of the ArtFire.com TOU and may result in cancellation of the account.
In an effort to ensure clear communication of the concerns of intellectual property rights holders ArtFire.com may at its sole discretion publish any legal communication, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant. In submitting any communication to ArtFire.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to ArtFire.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Please send all correspondence regarding claims of infringement or counterclaim to:
ArtFire.com
Attn: Marketplace Integrity Division (MID)
7739 E. Broadway #167
Tucson, AZ 85710
ArtFire.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. ArtFire.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. ArtFire.com encourages all members to learn about and understand the laws regarding these issues.
A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code can be found here: http://www.copyright.gov/title17/92chap5.html
The full text of the Lanham act can be found here: http://www.bitlaw.com/source/15usc/
More government-provided information on copyrights can be found here: http://www.copyright.gov
Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/
Further Trademark, DMCA and copyright articles, information and resources http://www.tabberone.com/Trademarks/trademarks.html
9. Disclaimer of Warranties
By registering as an ArtFire.com user or accessing the site you hereby agree that:
You use the ArtFire.com site and service with the knowledge that it is at your own risk. The website and service are provided "as is" and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.
ArtFire and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the ArtFire site and services.
No advice, communication or other information provided by ArtFire and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.
10. Severability
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
11. Venue
These terms and any dispute arising there from shall be governed by the laws of Arizona.
12. Limitation of liability and Compensation
By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to ArtFire.com for services.
13. Hold Harmless
By executing any transaction or viewing or using any portion of this site you agree to hold harmless ArtFire.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.
14.Cancellation / Return of Funds
Due to the nature of our membership service, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. From time to time, we may provide a free time period or other service of value in the form of a credit. The amount and form of such credits, and the decision to award them, are at our sole discretion. The creation or award of credits in certain situations does not entitle a user or other users to any credits in the future for similar instances, nor does it obligate ArtFire to award credits in the future.
We may change the fees and charges in effect, or add new fees and charges from time to time at our sole discretion, but we will give you advance notice of these changes by email.
Your Pro membership will continue in effect unless and until you cancel your membership or we terminate it. You must downgrade your membership via the control panel downgrade page found here:
Click Here To Visit The Downgrade Page
You cannot fully cancel (complete removal of buyer account as well) your account until you have downgraded it first. You must downgrade the account 3 business days before it renews each month in order to avoid billing of the next month's membership fees to your payment method. All downgrade requests must be made via the control panel to confirm the user identity and security.
You may downgrade your Pro membership to ArtFire at anytime, and termination of your pro membership (downgraded to buyer only) will be effective upon the completion of the current subscriptions term. We do not provide refunds for partial subscriptions. Though it is not our policy to do so, we reserve the right to cancel your Pro account for any reason.
You will be required to provided a credit card as a payment method for your Pro member subscription, in addition to any relevant information regarding your recurring payment to assist us in processing your request promptly. Please allow at least 3 business days for us to receive and process your request. Account downgrades and cancellation requests are not processed on the weekends or holidays.
Buyer only users may request inactivation of their account at any time. Inactivation eliminates the functionality of an account and removes it from our active system Accounts that are inactive for an extended period may be deleted. Records of deleted accounts and users may be maintained, however, once an account has been inactivated or deleted the user name is no longer reserved and may be used again by the same or another user in the future.
