- About ArtFire.com
- Fees and Billing Policy
- Cancellation / Return of Funds
- Listing and Selling Products
- Buyer and Seller Transactions
- Dispute Resolution
- Community Guidelines
- Infringement of Policy
- Marketplace Category Guidelines
- Artistically Arranged Items
- Prohibited Items
- Usernames, Account names, Usage, Squatting and Artfire.com Reserved Rights
- Commercial Anchor Accounts (Craft Supplies)
- Intellectual Properties
- Disclaimer of Warranties
- Limitation of Liability and Compensation
- Hold Harmless
- Native American Crafts
ArtFire.com is a virtual venue that allows the buying and selling of handmade, vintage, antique, designer and commercially sourced crafting 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). As such, ArtFire.com can not guarantee the quality, legality, authenticity or safety of any products listed or the accuracy of the listings. ArtFire accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
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.
Shoppers: Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by ArtFire.com
Joining ArtFire as a merchant and opening a shop requires confirmed contact information and a verified payment method. ArtFire.com charges a percentage commission of the total sale when items sell through the ArtFire platform. Sales commission is assessed on item and shipping and handling charged to the buyer. ArtFire does not assess a sales commission on sales tax charged to buyers.
Account Balance & Billing for Per Item(Formerly Free Commission Only) Plan
Merchants on the Per Item Plan are required to maintain a positive account ledger balance. (Note - This is the ledger that keeps track of commissions and Item Listing Fees, ILF). New Merchants on the Ad Supported plan are required to add a $5.00 balance to their ledger as part of the setup process. Item Listing and sale Commission fees will draw down the account balance when sales are made; if a ledger would be depleted to below a 0.00 balance by an Item Listing or Commission fee, a charge sufficient to bring the ledger balance back to $5.00 will be processed.
Item Listing Fees (ILF) is assessed and added to Merchant’s Accounting Ledger at the per item level when items are taken live in the Merchant’s shop. Listings stay live until sold or for a period of 60 days. Listing an item with a quantity greater than one available will apply a single ILF fee to the Accounting Ledger at the time of listing and an additional ILF fee for each item sold over the first. Additional quantities of an item sold will be assessed the per item ILF at the time of sale. If multiple quantity of an item is available and one or some of the total available are sold the remaining quantity of that item available will stay active and only be assessed an additional ILF when each item sells. Items will automatically renew if not sold at the expiration of the 60 day listing period. Merchants can disable auto renew preferences on the My Items page.
Account Balance & Billing for all Paid Plans
Merchants on any paid plan level (Shop, Store, Featured Store or Featured Store+) can accrue commission or other ledger charges up to a -$5 limit after which an automatic payment will bring the account balance back to $0.00. This limit can be changed on a case by case basis for established sellers in good standing.
Account balances that are more 20 days old will be collected on the 1st of the next Month. The minimum charge for account balance payments is $5.00, If you owe less than $5.00 any remainder will be added as a positive balance on your account.
Refunds & Credits
Upon request or in certain situations such as canceled or fraudulent transactions, ArtFire.com may issue a commission credit back to a merchant.
In cases where a Merchant has requested account cancellation and the deletion of their seller account and data, a refund of any remaining positive balance on their account ledger can be requested and obtained via the last known valid method of payment.
Commercial Category Commission Premium
ArtFire.com may offer additional plan packages that include but are not limited to increased inventory space, fewer third party advertisements, reduced commission rates, premium tools and featured site placement.
All payments for plan packages are prepaid and grant immediate access to the plan level features and benefits associated with the respective plan level. Merchant users at the free plan level who begin any paid plan start a recurring billing subscription that automatically renews that plan level on (approximately) the same date each month. Automatic renewal can be canceled at any time and your plan will revert to the free plan level once your remaining pre-paid time has expired. Merchant users who are upgrading from one paid plan level to another will be charged a one time pro-rated amount to immediately receive the new plans benefits, regular billing will continue on the user's next billing date.
UPGRADING TO A PLAN WITH A REDUCED COMMISSION DOES NOT RETROACTIVELY CHANGE PENDING COMMISSION CHARGES, ALL COMMISSION CHARGES ARE CALCULATED BASED ON YOUR COMMISSION RATE AT THE TIME OF THE SALE.
Intentionally listing commercial items as handmade or vintage will result in the automatic reclassification of shop and a plan price adjustment to a commercial account. Items will be removed and back fees and penalties will be assessed. Any violation of this section will result in the seller account being placed in a probationary, high risk status and additional reserve funds will be required to be maintained on account ledger based on an internal risk assessment. Listing items in incorrect categories to obtain additional placement or site exposure will result in the take down of the items and seller account being placed in a probationary, high risk status requiring an increased minimum account ledger balance. Accounts designated as probationary, high risk may be assessed a special admin fee of $50 per month on top of all other listing, shop and FVF fees and will not be eligible for refund of ledger balance upon account closure. Multiple accounts under the control of a single seller may be affected and restricted under this policy. Establishing a new account when a current or prior account is delinquent will result in all related accounts being placed in probationary, high risk or other restricted status.
Failure to complete a base plan payment for any reason will trigger a five day past due grace period. A successful payment during this period will keep an account in good standing and all benefits intact. Payments that are not completed within the five day grace period will result in the immediate termination of your paid plan package benefits and may also result in the recalculation of any commissions assessed during the grace period to that of a free account rate.
Failure to complete a commission payment for any reason will trigger a five day past due grace period during which your merchant account functions remain intact. Payments that are not completed during the grace period will result in the loss of merchant account functionality and the eventual termination of all merchant account services. A user with any past due commission payment must pay the amount in full before resuming any merchant account activity.
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.
ArtFire provides a platform for shoppers and independent merchants to buy and sell goods. Merchants 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, restrict, suspend or terminate a user's account at anytime without explanation or notice. ArtFire reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.
By accessing and using the site merchants warrant that the products that are offering for sale are described accurately and completely. An individual listing may only offer for sale one unique item or set of items; products cannot be combined into listings to avoid inventory limits or fees.
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 be required to 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 one of a kind 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 (United States sales only). 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's 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 shop 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.
Independent Shop Policies
All users that choose to open a shop are encouraged to create and post a list of policies outlining the specific details for their shop. These policies should include but not be limited to: shipping and handling fees, accepted payment processors, return policy, and selling policies. All shop policies must conform to the policies for acceptable use and privacy set forth by ArtFire.com. In the event that shop policies conflict with the TOU of ArtFire.com the TOU will supersede any shop policies.
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.
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 pretense, 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.
ArtFire users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with new found friends and indie business owners. Community space includes all areas where user submitted content is published and available for the public or other users to review or read. These areas include the forums, blogs, messages, comment sections, favorite lists, shop introductions, vacation messages, bios, tutorials and policies.
To ensure that ArtFire continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:
- Users must be 18 years of age or older to participate in the community spaces unless under constant supervision of a parent or guardian.
- Use the ArtFire Messaging system to conduct business or converse with other users privately. Spamming or harassment via the message system is not allowed.
- Respect everyone's privacy. Don't share personally identifying information about yourself, your buyers, or other users in public areas of the site.
- Do not use any of the community spaces or tools to interfere with or denigrate another user or the ArtFire marketplace in general.
- Be respectful and professional. Aggressive, threatening, harassing, vulgar or hateful language posted in community spaces is not tolerated.
As a member of the ArtFire community, you have the opportunity to flag or report an item or a shop that doesn't meet these ArtFire Community Guidelines. Flagging and reporting behavior that you believe to be damaging to another member or the community in general is handled confidentially.
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.
Products on ArtFire.com are currently listed into specific top-level categories based on how the product is made. Your product listing must not misrepresent to buyers the origin or condition of the product. ArtFire.com may review and recategorize listings at its own discretion and without notice. Failure to consistently categorize products accurately may result in the restriction of category options available to a user, suspension or removal from the site.
The follow guidelines can be used to help determine the most appropriate top-level category for your listings:
Item must be altered to add value by the merchant using handmade or finished components. Digital items or items printed by a merchant that include licensed imagery are considered commercial works and must be listed in the commercial top-level category.
Item's copyright is owned by the merchant. Items may include original works or quality reproductions made by the merchant or qualified third party.
Item's copyright is owned by the merchant who is selling authorized digital or physical reproductions of their own work. Any media whose copyright is not owned by a merchant should be listed in the commercial top-level category or vintage category depending on age.
Item must be designed by the merchant. Third party manufacturing of the merchant's original designs is acceptable.
Item must be at least 20 years old and have some collectible or artistic value.
Item must be a traditional craft supply or manipulated and packaged with the intent to be a craft supply.
Loopholes / Passthroughs: Items that are considered by ArtFire.com to be loopholes or passthroughs attempting to circumvent the category guidelines may be removed or recategorized at ArtFire.com's discretion without notice.
Depending on the intent of an item and the components used, an artistically arranged item can be categorized using the following guidelines:
Handmade Artistically Arranged Items
Wreaths, Cakes, Centerpieces:
- The item arrangement is artistically created with intent to be used as decoration in the short-term and potentially as a long-term keepsake.
- There exists no clear intent to resell finished components (loophole) without artistic or added value.
- The item arrangement does not include prohibited items.
- Handmade basket with handmade items (made by the seller).
Commercial Artistically Arranged Items
Provided the items being arranged are not otherwise prohibited, any artistically arranged item can be sold in the commercial marketplace.
- Dangerous Chemicals
- Any item that which in whole or in part is subject to a recall.
- Stolen Items
- Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
- Mass produced electronics
- Protected antiquities
- Real estate
- Ivory or animal products from endangered species collected illegally
- Motor vehicles, or parts for motor vehicles or recreational vehicles
- Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
- items not in your possession or items you don't intend to deliver
- Illegal, counterfeit or contraband items of any sort.
- Items, materials or products that are copyrighted, trademarked or patented by another party.
- Pirated materials.
- Replica items, including designer items.
- Personal data or information.
- Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
- Misrepresented items or products.
- Harmful, harassing, intimidating or defamatory materials, products or items.
- Hazardous materials, products, or items.
- Prostitution or other similar services.
- Any product or service that Artfire.com determines to be inappropriate, harmful, fraudulent, or illegal.
- Mature items intended for adults due to language or imagery that falls outside of the traditional acceptable standards for broadcast television that are not properly identified as "mature" in the listing process.
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of ArtFire.com. ArtFire reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
A) Cost of Commercial Anchor Accounts: Commercial Anchor Accounts are created only at the mutual request of ArtFire and the Anchor Account Holder and require a negotiable setup fee which varies based on the size of account and complexity of setup. In addition, commercial accounts will pay a 9% commission on all product sales exclusive of taxes and shipping costs. This commission will be collected by ArtFire at the time of transaction via the credit card processor.
B) Payment Form limitations for Commercial Anchor Accounts: Commercial Anchor Accounts may only accept credit card payments for goods and services on ArtFire and only via the preferred ArtFire Gateway and processor (ProPay).
C) Product Listings - Commercial Anchor Account holders will provide, in an acceptable format, accurate and complete product information for each product listed in the ArtFire Marketplace as required by ArtFire. Commercial Anchor Accounts will maintain reasonably accurate and up to date inventory numbers for all items via an agreed upon software mechanism.
D) Order Processing - ArtFire will provide Commercial Anchor Account holders order information for each sale of their products through the site. Commercial Anchor Account Holders must begin processing orders within 24 hours and must ship products within three days of the original order's transaction date unless otherwise instructed by ArtFire. Orders that cannot be processed in this timeframe for any reason must immediately be reported to ArtFire. Initiation of order shipping within 3 business days of receipt of order is considered reasonable. Commercial Account Holders are expected to outline shipping time frames and process on their policies page on the ArtFire platform.
E) Customer Feedback - Mechanisms may be provided by ArtFire that allow customers to rate their order and/or experience with a particular transaction or seller. Feedback gathered by ArtFire concerning ArtFire transactions may be made publicly available.
F) Shipping and Handling - Commercial Anchor Account holders will process and ship orders in a reasonable manner. This includes adequately packaging orders so that they arrive undamaged, including an order specific packing slip, and shipping an order within the standard order processing timeframe.
G) Refunds/Returns: Any refunds or returns will be handled by the Commercial Account Holder. A full refund of the 9% commission will be paid to the Commercial Account Holder for any refunds or discounts issued in the last 30 days. To facilitate this the Commercial Anchor Account holder must provide a report listing the ArtFire transaction number, customer information, and total dollar amount refunded within 10 days of the close of the month. ArtFire will disburse the refund amount within 5 business days from receipt of that report.
H) Customer Service inquiries and Complaints: All customer inquiries and complaints will be directed to the customer service department of the Commercial Anchor Account holder. ArtFire provides no customer service support for end consumers of the Commercial Anchor Account.
I) Pricing and multiple channels: The Commercial Account holder will not offer for sale duplicate products on any other marketplace e-commerce channel for a lower price than on ArtFire.com, inclusive of any promotional or sale pricing or other promotion offered by the Commercial Account Holder. Both the Commercial Account Holder and ArtFire understand that it is impossible to match all brick and mortar or brand specific channel promotions, this price match requirement applies to API driven prices or sales as offered on similar marketplace e-commerce channels.
J) Fee Avoidance: The Commercial Account Holder will not attempt to transition any transaction off site, to another channel or to any other commerce outlet that is initiated on ArtFire.com to avoid paying commission. The Commercial Account Holder will limit shipping and handling to a reasonable cost and will not use handling charges or other costs to avoid paying commission to ArtFire on the actual sale of the item. Commercial Account holder maintains the right to add shoppers to marketing lists and contact them directly with future offers and promotions either on or off ArtFire.
K) Taxes: Commercial Account Holder will provide all applicable zip codes in which it does business as a legal entity that qualify for sales or use tax nexus. ArtFire will apply tax rates based on data from Tax Data systems and the stated nexus of the Commercial Account Holder. The ArtFire commission rate is not applied to sales tax charged or collected.
L) Shipping: Shipping rates must be set for individual items based on one of the following systems.
- A dollar amount schedule for total retail sale.
- Shipping per item per country plus a weight per pound charge.
- A hybrid shipping system as outlined in ArtFire API documentation.
M) Inventory/Over Selling: Commercial Account Holders are responsible for managing inventory and ensuring that overselling is minimized. Consistent overselling will be cause for account status review by ArtFire and may result in a termination of the Commercial Anchor Account Status.
N) Additional content, comments and cross item promotion: ArtFire may place end user, reviewer, or purchaser comments and ratings as well as similar or cross-promoted items from the commercial account holder on the item and shopping or search results page for all Commercial Account items and pages to improve the overall shopping experience.
O) Credit Card Fraud/Chargebacks: As Commercial Account Holders have individual processor agreements with ProPay they are responsible for handling chargebacks and fraud reports if they arise. ArtFire will provide supporting documentation or other information to assist in processing such cases upon written request from the Commercial Account Holder including the ArtFire transaction number and date. Any commission paid to ArtFire for a sale that is later rescinded due to chargeback or fraud claim will be returned to the commercial account holder upon confirmation of the chargeback or fraud claim.
P) Existing Supply Sellers who wish to transition to Commercial Account Status: At present ArtFire has not released a final mechanic and policy for such a process. Based on interest, ArtFire will review the possibility of offering this selection in the future.ArtFire Community
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, managers, 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 re-publish 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:
Attn: Marketplace Integrity Division
8987 E Tanque Verde Suite 309–300
Tucson, AZ 85749
Copyright and Intellectual Property Infringement Policy
ArtFire.com uses the following policy to handle all forms of intellectual property infringement in accordance with the Digital Millennium Copyright Act and U.S. intellectual property laws in general. ArtFire.com responds to this form of notice from any country or jurisdiction. ArtFire.comâ€™s designated agent can be reached via email at email@example.com, an address for physical mail is listed above.
ArtFire.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.
Preferred Intellectual Property Infringement Notice Procedure
Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting ArtFire.com.
To send a notice of infringement for material residing on ArtFire.com that you believe infringes your intellectual property you may send notice to ArtFire.com's Designated Agent via email to firstname.lastname@example.org or to the address listed above. Please note the type of intellectual property your notice addresses and include all of the following:
- An electronic or physical signature of the complaining party or person authorized to act on their behalf.
- Identification of the material or works claimed to be infringed. For patents or trademarks please include a number sufficient to locate the registration.
- Identification of the claimed infringing materials and information that is reasonably sufficient to locate the infringing material. For products please include a full url of each product you claim is infringing.
- 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)].
- 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)].
- Contact information for the notifier including name of property owner, name of the ownerâ€™s agent contacting ArtFire.com (if applicable), address, telephone number and email address.
Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. 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 notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. ArtFire.com may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying partyâ€™s contact information.
Takedown of Alleged Infringing Material
If a proper notice is received by ArtFire.comâ€™s Designated Agent, items or other material will be taken down pending a response from the user. 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 users after a takedown is executed. Users whose content is removed have 3 business days to respond to the notice with a counter notice. As ArtFire.com will forward this response (counter notice) to the claimant, the response should be directed to the claimant and ArtFire.com should be copied on that response.
Re-listing items containing the intellectual property that has been previously removed without sending a counter notice; 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 infringement notices may also constitute grounds for service cancellation.
Preferred Counter Notice Procedure
If a user provides a proper "counter-notice" claiming that the material does not infringe the intellectual property at issue, ArtFire.com will inform the notifying party of the individual's objection. If the property owner does not file for legal action with a court within 14 days, ArtFire.com will restore the material to its location on the site. [512(g)(2)(C)]
The Userâ€™s response should include:
- The Userâ€™s name, address, phone number and physical or electronic signature [512(g)(3)(A)]
- Identification of the material and its location before removal [512(g)(3)(B)]
- A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
- Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]
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 notice of infringement for the application of ArtFire.com policy. Failure to provide a counter-notice within 14 business days is taken as agreement to the removal of the material in question and agreement to desist from publishing any content on ArtFire.com containing the specific intellectual property identified in the bona-fide notice.
ArtFire.com may at its discretion forward the counter-notice 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 material question. Adding any content to ArtFire.com that contains 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.
Transparency in Communications
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.
Please send all correspondence regarding notices of infringement or counter notices by email to: email@example.com
You may also contact the Designated Agent at the following address:
Attn: Marketplace Integrity Division
1101 N. Wilmot Rd Ste 233
Tucson, AZ 85712
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
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.
The Indian Arts and Crafts Act is a truth-in-advertising law that prohibits misrepresentation in the marketing of Native American or American Indian arts and crafts products within the United States.
ArtFire Merchants who are listing items that are inspired by Native American or American Indian craft, be sure to label those items truthfully and accurately. It is illegal to list or sell any item in a manner that falsely suggests it is Native American or American Indian produced or the product of a particular tribe or arts and crafts organization within the United States.
Here is more information directly from the Indian Arts and Crafts Board:
When consumers unwittingly purchase art or craftwork misrepresented as a Native American product, the integrity and vitality of the authentic Native American art and craft market is seriously eroded.
Congress passed the Indian Arts and Crafts Act in 1990. The Act is a truth-in-marketing law designed to prevent the marketing of art and craft products as Indian made when they are not, in fact, made by Indians as defined by the Act. The Act is designed to help protect this vital indigenous heritage from unfair competition.
The Act does not prohibit non-Indians from creating Indian-style or Indian-inspired art or craft items. The Act does, however, require that products sold as Indian, Native American, or the product of a particular Indian Tribe be made by an enrolled member of a federally or officially State recognized Tribe, or a certified non-member Indian artisan by the Tribe of their direct descent.
For more information on the Act, visit this website.