Please read these Terms of Use ("Agreement" or "Terms") carefully before using the ArtFire.com website. These Terms set forth the Conditions of your use of the ArtFire.com website(s), services, and domains provided by ArtFire.com. From time to time, ArtFire.com may amend the Terms of Use. By accessing this site, using any function or service of the site, creating or logging in to an account you are agreeing to these Terms and Conditions.

1. About ArtFire.com

ArtFire.com is a virtual classifieds listing service that connects buyers and merchant(s)/seller(s) by providing enhanced classified listings by category and business type. 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. Payments are made directly to merchant(s)/seller(s) for products or services and tools are provided to merchant(s)/seller(s) and buyers to conduct transactions, communicate and consummate trade. ArtFire.com verifies contact and payment information of merchant(s)/seller(s) during registration but does not guarantee the quality, legality, authenticity, or safety of any products listed; or the accuracy of the representations made by merchant(s)/seller(s) listing items or services on the ArtFire.com site.

ArtFire.com accepts no responsibility, nor shall be held liable for any transactions that occur as a result of usage of the Artfire.com website or services. ArtFire.com has no involvement in the financial transaction(s) between merchant(s)/sellers and buyers, does not take orders or handle money or payment on behalf of any merchant(s)/seller(s), and does not have access to any buyer or merchant’s/seller’s private banking information. ArtFire.com is not a marketplace facilitator and does not hold/stock any products, ship any products, nor inspect any product sold by any independent merchant/seller.

2. Eligibility

To access and utilize the resources on this site you must be a registered user or comply with the following restrictions:
  • ArtFire.com'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 merchant(s)/seller(s). 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 all responsibility for all activities carried out by the user. The user or parent/legal guardian agrees that ArtFire.com 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.com and decisions of ArtFire.com staff, and shall not act in a manner that hinders or prohibits ArtFire.com from conducting business or damages the integrity of the listing service. Users hereby agree to fully comply with and act in accordance with all local, U.S. national, and international laws regarding acceptable content, commerce, and conduct.

3. Service

Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at any time without notice. Access to a merchant/seller account and merchant/seller functions requires a verified payment method and contact information. As part of the Terms of Use, merchant/seller account services require agreement to the fees and billing policy outlined below. It is the sole discretion of ArtFire.com to grant site usage, as well as to revoke site usage at any time, for any reason, and without notice. By your use of the site, you agree that ArtFire.com is not liable to you or any third party for the termination of your account, or restriction from website usage. ArtFire.com retains the right to refuse service to any member and suspend any user’s account at its sole discretion. As a merchant/seller it is your sole responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law.

You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against ArtFire.com, another ArtFire.com user, or a third party.

4. Fees and Billing Policy

Shoppers/Buyers: Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at any time without notice by ArtFire.com. By accessing this site you agree to all terms of use and that ArtFire.com is not liable or responsible for damages or losses that might arise from the use of the site. Merchant/Seller fees include shop hosting fees, item listing fees (ILF), final valuation fees (FVF), promoted items fees, Google shopping fees, and service fees that may be assessed if ArtFire.com incurs additional expense associated with a merchant(s)/seller(s) account such as intellectual property challenges, non-responsive seller or item not as described facilitation fees. As a merchant/seller on ArtFire.com you are required to maintain a positive ledger balance to cover fee assessments. All service fees paid to ArtFire.com are non-refundable, even in the event of suspension of your account.

5. Sales Service Fee Percentage

Joining ArtFire.com as a merchant and opening a shop requires confirmed contact information and a verified payment method. ArtFire.com charges a hosting, listing, and service fee based on a percentage of the total sale when item sales originate through the ArtFire.com platform. Sales service fee is assessed on item and shipping and handling charged to the buyer. ArtFire.com does not assess a sales service fee on sales tax that merchant(s)/seller(s) charged to their buyers. As ArtFire.com is a classifieds listing service and not a marketplace facilitator. Artfire is not responsible for and does not collect or remit any sales or use tax to any taxing authority in any jurisdiction on behalf of any merchant/merchant(s)/seller(s). The calculation, collection, and remittance of all applicable taxes are the sole responsibility of the merchant(s)/seller(s) posting the listing and by listing a product for sale you agree that you, and you alone are liable for all taxes owed and that you will comply completely with all tax regulations and rates owed to any jurisdiction.

Ledger Account Balance & Billing for all New Seller Accounts

ArtFire.com does not collect, hold or escrow funds between buyers and sellers/merchants and is not involved in the actual financial transaction between buyers and merchants/sellers. Sellers/merchants are paid directly by buyers and ArtFire fees for services are assessed and debited from an account ledger for a range of service fees outside of the transaction of buyer and seller/merchant. All fee activity can be found and accounted for on the seller/merchant ledger on the seller/merchant administration (myArtFire) page. A positive reserve ledger balance must be established before selling through ArtFire.com and must be maintained by all merchants/sellers at all times to continue service. Failure to maintain a positive ledger balance may result in a limitation of services or immediate suspension or termination of your merchant/seller account. New sellers/merchants are required to pay a shop hosting fee and add a starting $10.00-$50.00 balance to their ledger. Initial ledger reserve is established on the account type and risk profile, as part of the setup process for a new account. New seller/merchant accounts may be placed in a pending or review status with limited functionality during a review period and/or while an account verification is conducted. During this process, or from time to time your reserve ledger funding amount may be set, adjusted, or increased. Any merchant(s)/seller(s) deemed to be high-risk may require greater ledger reserve funds to be maintained, additional funding sources to be maintained, and additional verification and fees. All seller/merchant fees are non-refundable.

Item Listing Fees (ILF) Starter Shop

Sellers/merchants on Starter Shop (formally commission only) plan types are subject to item listing fees (ILF) assessed on each item listed for sale. Item Listing and service fees will draw down the ledger account balance; if a ledger would be depleted to below a 0.00 balance by an Item Listing or service fee, a cap-up charge equal to the minimum account charge account of $5,$10,$50 or $100 (based on individual account settings) will occur to refill the ledger account balance.

Item Listing Fees (ILF) are assessed and added and debited against the seller/merchant account ledger at the per item level when items are taken live in the Seller’s/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 per item ILF at the time of sale. If multiple quantities of an item are 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 (Starter, Shop, Popular, Featured Store, or Featured Store+) can accrue service fees debited against ledger balance to a zero balance after which an automatic top-up payment will bring the ledger account balance back to $5.00, $10.00, $25.00, $50.00 or $100.00 (based on account type). This limit can be changed on a case-by-case basis for established merchant(s)/seller(s) in good standing and increased without notice.

Promoted Items (Sitewide Ads)

On ArtFire.com our promoted item ads are targeted at similar item shoppers on the listing service platform, the best target group you can advertise to. Promoted item ads are billed against the ledger balance. When activating this feature, your items are shown to shoppers more frequently than other items, leading to more views of your items. When listing an item you have the option to list and promote or just list your item without promotion and when editing your items you can now update and promote or just update. Your promoted items will be displayed where they are most likely to match a buyer’s interest including at the bottom of similar items and page with a high-affinity match to your items.

The daily per item threshold cap has been set at $10 per item to prevent item view saturation and abuse but may exceed this threshold during high volume periods. When you toggle promotion on your promoted item(s), your item(s) will be featured and receive additional exposure until your item sells or set your item(s) to “Stop Promoting” via the actions button on your My Items page. Due to technical limitations, high traffic flow promoted item fees are subject to overages. Promoted item ads and all ArtFire.com service fees are non-refundable.

Liquidated Damages

All service fees paid to ArtFire.com are non-refundable and you further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:

(A) Collecting/harvesting ArtFire.com users' information, including personal or identifying information - $1 per violation.

(B) Publishing/misusing personal or identifying information of a third party in connection with your use of ArtFire.com without that party's express written consent - $1,000 per violation.

(C) Misrepresenting your identity or affiliation to anyone in connection with your use of ArtFire.com, including misrepresenting the banking credentials, charging party, or sale origination - $1,000 per violation.

(D) Posting or attempting to post Prohibited Content - $10 per violation.

(E) Posting or attempting to post Prohibited Content in any section of CL - the price per post applicable to that section of ArtFire.com.

(F) Sending an unauthorized/unsolicited email to an email address or obtained from ArtFire.com or on an internal message system on ArtFire.com - $25 per violation.

(G) Using ArtFire.com user information to make/send an unauthorized/unsolicited text message, call, or communication to an ArtFire.com user - $500 per text/call/communication.

(H) Creating a misleading or unlawful ArtFire.com account or buying/selling an ArtFire.com account - $10 per violation.

(I) Abusing or attempting to abuse ArtFire.com flagging or reporting processes - $1 per violation.

(J) Distributing any software to facilitate violations of the USE Section - $1,000 per violation.

(K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting ArtFire.com content for any purpose without our express written consent - $3,000 for each day you engage in such violations.

(L) Requesting, viewing, or accessing more than 1,000 pages of ArtFire.com in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages.

(M) Bypassing or attempting to bypass our moderation efforts - $10 per violation.

(N) Listing any product or service that results in an intellectual property violation notice trademark and/or copyright challenge, or DCMA takedown notice to ArtFire.com will incur a service fee of $25 for the first takedown request, $50 for the second takedown request, and further action may be taken for repeat incidents of copyright or trademark challenges or alleged violations. Receiving a takedown request for items that you have indicated and declared that you have the legal right to sell, may result in additional fees; your shop being placed in a high-risk category, or your account being suspended or closed. High-risk merchant(s)/seller(s) are subject to higher minimum ledger balance reserves.

(O) Falsely initiating credit card or payment provider disputes to circumvent fees - $50 per dispute.

You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above-liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

By displaying items on ArtFire.com you declare that you are in possession of, and legally have the right to sell every item that you have listed on the ArtFire.com online classifieds platform. You acknowledge that you will promptly ship all items that you sell and that if a buyer reports non-receipt of an item or non-receipt of tracking information; or reports you to be unresponsive to their requests for more than 48 hours, or that an item you sold a buyer through ArtFire.com was “not as described” that your account ledger will require a higher non-refundable minimum balance of not less than $100 to cover service fees that ArtFire.com may assess your account to mediate the complaint. You acknowledge and agree that these fees will be a minimum of $25 per occurrence and that if these fees exhaust your ledger balance that ArtFire.com will charge your ledger and subsequently your payment method on file for an additional non-refundable service fee up to $200 per complaint. Additionally, your account may be levied service fees, then terminated, if excessive complaints are received. All fees paid to ArtFire.com by you are non-refundable.

Refunds & Credits

All fees paid to ArtFire.com are non-refundable, even in the case of an item being removed or services being terminated or interrupted for violation of terms of use.

In cases where a Merchant has requested account cancellation and the deletion of their merchant(s)/seller(s) 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. When a Merchant is removed for violation of Terms of Use fees paid for services to ArtFire.com are not refundable.

Handmade Category Listing Commission Reduction

In some cases by invite only, some handmade artisans or Charter Artisans may list products on ArtFire.com for a reduced service sales fees. These merchant(s)/seller(s) are moved to this lower listing service sales service fee structure after only upon invitation after a review period. ArtFire.com reserves the right to move any merchant/seller back to the normal listing fee sales service fee structure at our sole discretion and at any time.

Plans

ArtFire.com may offer additional plan packages that include but are not limited to increased inventory space, fewer third-party advertisements, reduced sales service fee 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.

UPGRADING TO A PLAN WITH A REDUCED LISTING SERVICE COMMISSION DOES NOT RETROACTIVELY CHANGE PENDING LISTING SERVICE COMMISSION CHARGES, ALL LISTING SERVICE COMMISSION CHARGES ARE CALCULATED BASED ON YOUR COMMISSION RATE AT THE TIME OF THE SALE. ALL FEES PAID TO ARTFIRE.COM ARE NON REFUNDABLE.

Fee Circumvention

Intentionally listing items in the wrong category or listing shop type will result in the automatic reclassification of the shop and a plan price adjustment to the proper account. Accounts are classified at the sole discretion of ArtFire and classification decisions are final. Items will be removed and back fees and penalties will be assessed. Any violation of this section will result in the merchant(s)/seller(s) account being placed in a probationary, high-risk status and additional reserve funds will be required to be maintained on the account ledger based on an internal risk assessment. Liquidated damage assessments as agreed to above may be immediately charged. Listing items in incorrect categories to obtain additional placement or site exposure will result in the takedown of the items and merchant(s)/seller(s) 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 listings, shop, and listing service sales service fees and will not be eligible for a refund of ledger balance upon account closure. Multiple accounts under the control of a single merchant(s)/seller(s) 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 another restricted status.

Termination

Failure to complete funding of a base plan payment or ledger top-up payment for any reason will trigger a shop suspension which will prevent further sales from being made from your account. During a suspension, your items will be removed from search engine feeds and all services and site promotion will be suspended until the suspension is lifted. Once payment and your account standing are restored your shop will go back live with items available for sale again. During this type of payment-related account suspension, your merchant account functions will remain intact so that open orders and communications with your buyers can still occur. Failure to deliver orders previously made or communicate with buyers during account suspension may result in account termination.

  • Suspension due to payment failure may also result in the recalculation of any sales service fee assessed during any period in which your account was functioning in an alternate fee tier or free account rate and an adjustment to your minimum ledger reserve balance amount.

6. Cancellation / Return of Funds

Due to the nature of our service, all fees and charges are non-refundable and there are no refunds or credits for partially used services. From time to time, for promotional purposes, we may provide a trial service offer or another service of value in the form of a listing service ledger or similar platform credit. The amount and form of such credits, and the decision to award them, are at our sole discretion. The creation of 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.com 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 or site posting. When a Merchant is removed for violation of Term of Use fees paid for services to ArtFire.com are not refundable.

7. Listing and Selling Products

ArtFire.com 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.com's discretion and the user's account will be evaluated for possible termination. Liquidated damages as outlined above may also apply and be immediately levied on merchant(s)/seller(s) listing items that violate either this our terms of use or applicable laws. ArtFire.com reserves the right to review, restrict, suspend or terminate a user's account at any time without explanation or notice. ArtFire.com reserves the right to remove content that is deemed to be inappropriate, damaging, harmful or illegal.

By accessing and using the site merchants warrant that the products that are being offered 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 merchant(s)/seller(s) shall be considered a legally binding contract between those two parties. ArtFire.com shall not be held liable, nor will ArtFire.com be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The merchant(s)/seller(s) 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 merchant(s)/seller(s). Buyers and merchant(s)/seller(s) are responsible for all communication, specification, or customization requests and communication.

Merchants/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.com systems.

The merchant(s)/seller(s) 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.com and possibly lead to the termination of the user account, liquidated damages, or other corrective actions deemed appropriate by ArtFire.com.

The ArtFire.com cart and checkout process includes the addition of applicable sales taxes where our software can determine a tax nexus between buyer and merchant(s)/seller(s) (United States sales only). Tax rates are updated periodically by independent tax data providers but should not be relied upon. 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 jurisdiction's tax laws. As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county, state, or other tax regions). ArtFire.com cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.

Collection of appropriate taxes and remittances to appropriate authorities within the regulations and laws of a merchant(s)/seller(s)'s local jurisdiction remains the sole responsibility and liability of the merchant(s)/seller(s). ArtFire.com does not collect or make tax payments on any merchant(s)/seller(s)'s behalf. All Sellers have the ability to turn off the tax calculations at the shop level by going HERE and collect tax independently of the suggested tax rates in the ArtFire.com shopping cart and checkout process.

By using the ArtFire.com platform you agree that ArtFire.com is a listing service only, is not a marketplace facilitator, and 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 and that you, the merchant(s)/seller(s), accept sole responsibility for calculating, collecting and remitting all appropriate and applicable taxes and will be solely liable for the failure to do so.

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 by 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.

8. Buyer and Seller Transactions

Through the use of the ArtFire.com service, buyers and merchant(s)/seller(s) 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.

ArtFire.com cannot independently verify the identity of all parties who use the ArtFire.com service. We suggest all users employ common sense and encourage users to contact ArtFire.com to report any and all suspicious behavior or misappropriation of the site service. Any user who misrepresents their identity, the product or service listed, or the nature of the transaction will be liable for liquidated damages as outlined above.

ArtFire.com 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.com 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.

9. Dispute Resolution

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

For disputes between users and ArtFire.com, please contact ArtFire.com directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

ArtFire.com will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims.

While we try and maintain a safe, free trade environment, ArtFire.com has no obligation to mitigate or resolve disputes between users and other parties. ArtFire.com encourages users to use the proper local, national, or international authorities to assist in dispute resolution.

By accessing this site and using this platform you agree to release ArtFire.com from any claims, demands, and damages arising out of disputes with other users or parties.

10. Community Guidelines

ArtFire.com users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with newfound 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.com 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 the constant supervision of a parent or guardian.
  • Use the ArtFire.com 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.com 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.com community, you have the opportunity to flag or report an item or a shop that doesn't meet these ArtFire.com Community Guidelines. Flagging and reporting behavior that you believe to be damaging to another member of the community, in general, is handled confidentially.

11. 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.com 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.

12. Marketplace Category Guidelines

Products on ArtFire.com are currently listed into specific top-level categories based on how the product is made or the type of product. Your product listing must not misrepresent to buyers the origin or condition of the product and must be accurately represented to the best of your ability. ArtFire.com may review and recategorize listings that do not fit in a specified category at its own discretion and without notice or reject the placement of items that are erroneously categorized. 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 following guidelines can be used to help determine the most appropriate top-level category for your listings:

Handmade and Indie Merchants/Sellers

Shops that are substantially handmade and select indie merchants/sellers are eligible to list in handmade categories. Handmade categories are restricted and available by invite only. Items must be altered to add value by the merchant/seller using handmade or finished components. Digital items or items printed by a merchant that includes licensed imagery are considered commercial works and must be listed in a non handmade category.

Fine Art

Item's copyright is owned by the merchant. Items may include original works or quality reproductions made by the merchant or a qualified third party.

Media

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.

Design

Item must be designed by the merchant. Third-party manufacturing of the merchant's original designs is acceptable.

Vintage

Item must be at least 20 years old and have some collectible or artistic value.

Upcycle, Destash or New Craft Supplies

Item must be a traditional craft supply or manipulated and packaged with the intent to be a craft supply.

ArtFire Closet, Estate, Warehouse, Beauty & Wellness Used and Commercial Categories.

Artfire.com offers non handmade classifieds categories in up to 80,000 subcategories for merchants/sellers wishing to connect with buyers. These non handmade categories include upcycled clothing, used clothes, antiques, vintage toys, games, collectibles, new and used electronics, sports items, auto accessories, home decor, exercise equipment, skin, hair, makeup, vitamins, health supplements and commercially produced items of all sorts. Merchants/sellers are responsible to be fully aware of the laws and regulations pertaining to the item they list and should additionally be aware of the nonexhaustive list of Prohibited Items that are not authorized on the site. The sale of commercial items requires a higher reserve ledger balance and sales service fees that are higher than that which is charged handmade merchants/sellers. See the Fees section for further details.

Loopholes / Pass-throughs: 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.

13. Prohibited Items

  • Firearms
  • Explosives
  • Dangerous Chemicals
  • Any item that which in whole or in part is subject to a recall.
  • Stolen Items
  • Fireworks
  • Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
  • Drugs
  • Alcohol
  • Tobacco
  • Protected antiquities
  • Real estate
  • Ivory or animal products from endangered species collected illegally
  • 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
  • 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.

14. Sanctions Policy

As a U.S. based merchant/seller you must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. This means that you cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarize yourself with these restrictions.

For example, these restrictions generally prohibit, but are not limited to, transactions involving:

  • Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
  • Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List;
  • Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
  • Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.

15. Usernames, Account names, Usage, Squatting and Artfire.com Reserved Rights

All domains, URLs, sub-domains, account names, usernames, and other functional or identifying elements of the site are the property of ArtFire.com. ArtFire.com reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business. It is not permitted to use the name ArtFire.com or the ArtFire.com logo in your shop name, product images, or product titles, banking identification fields, credit card processing summaries, identifying charge fields, or any other financial implement that may give the impression that ArtFire.com received any payment for any item. Liquidated damages may immediately be levied in cases where ArtFire.com trade dress, names, or logos are improperly used in violation of these terms. 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.

16. Intellectual Property

All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers, and site themes created by ArtFire.com, ArtFire.com staff, or contractors of ArtFire.com 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.com or its officers, managers, agents, and/or staff.

Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retain 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.com.

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 8987 E Tanque Verde Suite 309-300 Tucson, AZ 85749 Email: MID@artfire.com No. DMCA-1030669

17. 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.com’s designated agent can be reached via email at mid@artfire.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.

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 mid@artfire.com or to the address listed above. Please note the type of intellectual property your notice addresses and include all of the following:

  1. An electronic or physical signature of the complaining party or person authorized to act on their behalf.
  2. Identification of the material or works claimed to be infringed. For patents or trademarks please include a number sufficient to locate the registration.
  3. 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.
  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)].
  6. Contact information for the notifier including the name of the property owner, name of the owner’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 challenges to merchant(s)/seller(s)(s) items.

Please note that falsely or incorrectly requesting take down 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 party’s contact information.

Takedown of Alleged Infringing Material

If proper notice is received by ArtFire.com’s Designated Agent, items or other material will be taken down pending a response from the merchant/seller that listed the item. 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 merchant/seller after a takedown is executed. Merchant/seller whose content is removed have three 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 merchant/seller account. Repeated violations of intellectual property or being subject of similar or repeated infringement notices may also constitute grounds for service cancellation.

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 merchants/sellers response should include:

  1. The User’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)]

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 bonafide 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 bonafide 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 counterclaim 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.

Designated Agent

Please send all correspondence regarding notices of infringement or counter notices by email to: mid@artfire.com

You may also contact the Designated Agent at the following address:

ArtFire.com Attn: Marketplace Integrity Division 8987 E Tanque Verde, Ste., 309-300 Tucson, AZ 85749

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, counterclaim 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

18. 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.com 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.com site and services.

No advice, communication, or other information provided by ArtFire.com and its officers, managers, staff, suppliers, subsidiaries, and affiliates shall create any warranty or guarantees.

19. Severability

If any portion of this agreement shall be held invalid by a court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect the 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.

20. Venue

These terms and any dispute arising therefrom shall be governed by the laws of Arizona.

21. 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 directly to ArtFire.com for services.

22. Warranties and Limitation of Liability

By accessing this site, engaging in any listing, communication, or transaction or viewing any content on this site or any related application you agree that you cannot sue us for, and ArtFire.com is not liable for:

Items You Purchase. You understand that Artfire does not manufacture, store, ship, distribute, hold or inspect any of the items sold through our listing services. We provide the electronic listing service only. The items in our marketplaces are produced, listed, and sold directly by independent merchant(s)/seller(s), so ArtFire.com cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the merchant(s)/seller(s) of the item. You release ArtFire.com from any claims related to items sold through our Services, including for defective items, misrepresentations by merchant(s)/seller(s), or items that caused physical injury (like product liability claims).

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

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

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

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example,

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ArtFire.com, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL ArtFire.com’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID DIRECTLY TO ArtFire.com IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

23. 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 a violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.

24. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ArtFire.com.COM HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes Section, the term “related third parties' ' includes your and ArtFire.com’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, ArtFire.com’s, and these entities’ respective employees and agents.

You and ArtFire.com agree that any claim or dispute at law or equity that has arisen, or may arise, between you and ArtFire.com (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of ArtFire.com or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State Arizona, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and ArtFire.com, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and ArtFire.com each agree that any and all disputes or claims that have arisen, or may arise, between you and ArtFire.com (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of ArtFire.com or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Arizona , without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

    YOU AND ArtFire.com.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ArtFire.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and ArtFire.com's right to appeal the court's decision. All other claims will be arbitrated.

  2. Arbitration Procedures

    Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

  3. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court (pursuant to Section 18.C below) shall select the administrator.

    A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice").

  4. The Notice to ArtFire.com must be sent to ArtFire.com Litigation Department, Re: Notice of Dispute, 8987 E Tanque Verde, Ste., 309-300, Tucson, Arizona 85749. ArtFire will send any Notice to you to the physical address we have on file associated with your ArtFire.com account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.

  5. If you and ArtFire.com are unable to resolve the claims described in a valid Notice within 30 days after ArtFire.com receives that Notice, you or ArtFire.com may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to ArtFire.com at the following address: ArtFire.com, 8987 E Tanque Verde, Ste., 309-300, Tucson, AZ 85749 In the event ArtFire.com initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your ArtFire.com account. Any settlement offer made by you or ArtFire.com shall not be disclosed to the arbitrator.

  6. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Pima County, Arizona, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000 the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or ArtFire.com may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English.

    The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same ArtFire.com user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  7. Costs of Arbitration

    Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement ("Arbitration Procedures") and the value of the relief sought is $10,000 or less, at your request, ArtFire.com will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by ArtFire.com should be submitted by mail to the AAA along with your Demand for Arbitration and ArtFire.com will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ArtFire.com for all fees associated with the arbitration paid by ArtFire.com on your behalf that you otherwise would be obligated to pay under the AAA's rules.

  8. Severability

    With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  9. Opt-Out Procedure

    IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO ArtFire.com INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 8987 E Tanque Verde, Ste. 309-300, Tucson, AZ 85749.

  10. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the ArtFire.com Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  11. Future Amendments to the Agreement to Arbitrate

    Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ArtFire.com prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and ArtFire.com. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.ArtFire.com.com at least 30 days before the effective date of the amendments and by providing notice through the ArtFire.com Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Pima County, Arizona. You and ArtFire.com agree to submit to the personal jurisdiction of the courts located within Pima County, Arizona.

25. Native American Crafts

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.com 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.