Agreement between user and ArtYah.com
Welcome to ArtYah.com. The www.ArtYah.com website (the "Site") is comprised of various web pages operated by ArtYah. ArtYah.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of ArtYah.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
ArtYah.com is an E-commerce/auction website for artists to sell their original artwork
and sellers to sell antique, vintage and craft supply items listed in the categories that we have provided.
Before listing your item, make sure we allow it on ArtYah, and find out if we have specific rules and conditions on how you should list it.
Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of Artyah.com. Artyah 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.
If you see a listing that violates one of our policies, report it by sending an email to firstname.lastname@example.org.
If we determine that a listing has violated a policy, we will email the seller and the bidders or the buyer to let them know that we've removed the listing from ArtYah.
ArtYah is a marketplace where you can sell your handmade goods, antiques, vintage items and craft supplies directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on ArtYah. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
By selling on ArtYah, you agree that you will:
Provide honest, accurate information in your About page should you choose to have one. Honor your Shop policies, should you choose to publish them. Accurately represent your items in listing photos. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to ArtYah. Not engage in fee avoidance. Not create duplicate shops.
Custom orders outside of ArtYah
A. Items purchased in person via the sale on ArtYah
B. Subscriptions or other transactions in which the buyer submits a single payment for recurring deliveries (like item-of-the-month clubs).
C. Transactions processed outside of ArtYah, for example, through standalone PayPal or a personal check, money order etc.
You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for ArtYah-related communications or for ArtYah-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any ArtYah member to your email or physical mailing list or store or misuse any payment information.
Extortion is not allowed on ArtYah. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on ArtYah. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive feedback.
Shilling is strictly prohibited on ArtYah. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Feedback must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.
Visiting www.ArtYah.com or sending emails to ArtYah constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
We expect our sellers to provide a high level of customer service. By selling on ArtYah, you agree to:
If you are unable to complete a transaction, you must notify the buyer and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:
Your account fees:
When an item is listed, there will be a $0.10 listing fee added to the seller account. Fees can be viewed in the account fees section.
Joining ArtYah as a merchant and opening a shop requires confirmed contact information and a verified payment method. ArtYah.com charges a percentage commission of the total sale when items sell through the ArtYah platform. Sales commission is assessed on item(s). ArtYah does not assess a sales commission on sales tax charged to buyers.You are responsible for paying all accrued commission fees associated with using your ArtYah.com seller account. ArtYah.com uses an automatic billing system that issues a pending charge notice approximately 3 business days prior to your payment due date.
Upon request or in certain situations such as canceled or fraudulent transactions, ArtYah.com may issue a commission credit back to a merchant.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that artyah is not responsible for third party access to your account that results from theft or misappropriation of your account. artyah and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
ArtYah.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use www.ArtYah.com only with permission of a parent or guardian.
Buyer Ineligible Transactions
The following purchases are not eligible on ArtYah
Links to Third party sites/Third party services:
ArtYah.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ArtYah.com and ArtYah is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.ArtYah is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ArtYah of the site or any association with its operators.
Certain services made available via www.ArtYah.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ArtYah.com domain, you hereby acknowledge and consent that artyah may share such information and data with any third party with whom artyah has a contractual relationship to provide the requested product, service or functionality on behalf of www.artyah.com users and customers.
No unlawful or prohibited use/Intellectual Property:
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of artyah or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. ArtYah content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of artyah and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of artyah or our licensors except as expressly authorized by these Terms.
Pornography of any sort is prohibited on Artyah.
Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content.
No Mature content
We define mature content as depictions of male or female genitalia, sexual activity or content, profane language and/or violent images.
Mature content is not accepted.
If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content and should not be produced in any form on Artyah.
Third Party Accounts
You will be able to connect your artyah account to third party accounts. By connecting your artyah account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by ArtYah from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ArtYah Content accessed through www.ArtYah.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless ArtYah, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ArtYah reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with artyah in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTYAH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARTYAH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTYAH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ArtYah reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ArtYah as a result of this agreement or use of the Site. artyah's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ArtYah's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by artyah with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ArtYah with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ArtYah with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms:
ArtYah reserves the right, in its sole discretion, to change the Terms under which www.artyah.com is offered. The most current version of the Terms will supersede all previous versions. artyah encourages you to periodically review the Terms to stay informed of our updates.
ArtYah welcomes your questions and/or comments regarding these Terms and Conditions
UNITED STATES OF AMERICA
Contact phone number - 530-492-3140
Effective as of July 23, 2015