- ACCEPTANCE OF TERMS.
The following terms and conditions ("Agreement") govern all use of the www. artisouls.com website (the "Website") and the services and software available on or through the Website (the "Website", services and software shall be referred to collectively as the "Service"). The Service is owned and operated by S&T Network, LLC d/b/a artisouls.com ("artisouls "). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by artisouls BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE. This Agreement applies to you and your use of the Service regardless of whether you are a Seller, Buyer or other user of the Service. You use the artisouls service at your own risk.
Artisouls reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
- MODICATION, SUSPENSION OR
DISCONTINUATION OF THE SERVICE.
Artisouls may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole discretion, at any time, without prior notice. Artisouls will not be responsible to you for a refund, in whole or part. You agree that artisouls shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- DESCRIPTION OF artisouls.
artisouls is an ecommerce website that allows people to buy and sell handmade and vintage goods and products within a fixed-price format. artisouls takes steps to ensure that products sold on the Website are only handmade and vintage products.
HOWEVER, artisouls is not directly involved in the transaction between buyers and sellers.
Consequently, artisouls does not transfer legal ownership of items from the seller to the buyer. As a result, artisouls does not control the quality, safety, morality or legality of any products sold on the Website; and artisouls cannot verify the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. artisouls does not pre-screen users, the information about products being offered for sale, or the products themselves sold on artisouls. artisouls cannot guarantee the true identity, age, and nationality of a user. artisouls cannot ensure that a buyer or seller will actually complete a transaction. For these reasons, buyers and sellers use the Service solely at their own risk.
By using the Service, you agree that artisouls is not responsible or liable for content uploaded by users of the Service (such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) or the products sold on the Website.
artisouls encourages you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
- YOUR USE OF THE SERVICE.
You shall use the Service only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic).
If it is determined or suspected by artisouls, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, artisouls reserves the right, in its sole discretion, to immediately terminate your access to the Service without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- ACCOUNT, PASSWORD AND SECURITY.
As part of the Service registration process, you will create a password and account. You agree to: (a) provide accurate and current information about yourself as prompted by the Website (the "Registration Information"); and (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Website and future access to the Website.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to notify us immediately of any unauthorized use of your account information or any other breach of security. artisouls shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information. You agree to immediately notify artisouls of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. artisouls cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
artisouls uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to artisouls. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information. artisouls makes no representations or warranties with regard to the sufficiency of these security measures and, artisouls shall not be responsible for any actual or consequential damages that result from a security breach.
Whether you are using the Service as a Seller, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Sellers, Buyers and other users of the Service. You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
- impersonate any person or entity, including, but not limited to, an artisouls representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of goods (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.);
- or stalk or otherwise harass any person or entity.
Whether you are using the Service as an Seller, Buyer or otherwise, you acknowledge that artisouls does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that artisouls and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content, in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that artisouls may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of artisouls, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event goods through the Service as an Seller); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service.
If you are allowed to download any software in connection with the Service ("Software"), subject to the terms and conditions of this Agreement, artisouls grants you a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this Agreement and the written instructions/directions (if any) provided by artisouls. For clarity, the Software will be deemed a part of the "Service" hereunder.
artisouls reserves the right, but not the obligation, to refuse to post or to remove any review or rating of any user of the Service if artisouls determines (in its sole discretion) that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech); (b) references to illegal activity; (c) reviews that do not address the goods and services of the business or reviews with no qualitative value; (d) language that violates the standards of good taste or the standards of artisouls; (e) information or statements that are or appear to be false; or (h) comments that disparage artisouls.
All ratings and reviews of users on the Website reflect the opinions of others, and do not reflect or represent the opinions or representations of artisouls. artisouls disclaims any and all representations or warranties with regard to the ratings and reviews. Reviews and ratings do not reflect the views of artisouls or its affiliated companies; or its employees, officers, directors, or shareholders. artisouls does not assume responsibility or liability for any review or rating.
Payments are all transacted through PayPal or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM").
Service Charges. Joining and setting up a shop on artisouls is free. artisouls (b) charges a percentage(5%) of the sale price when the item sells by deducting it from the total amount of the earnings of the seller. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to the Fees Policy and the fees for artisouls 's services are effective after artisouls provides you with at least fourteen (14) days' notice by posting the changes on the Website. However, artisouls may choose to temporarily change the Fees Policy and the fees for artisouls 's services for promotional events (for example, free listing days); such changes are effective when artisouls posts the temporary promotional event on the Website. artisouls may, at artisouls 's sole discretion, change some or all of artisouls 's services at any time. In the event artisouls introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Payment of Service Charges. Seller agrees to keep a valid credit card on file with (c) artisouls on which artisouls will charge Seller 5% after the sale service charges incurred by Seller according to 7(b) above. Seller is liable for all service charges incurred, even for goods sold and then subsequently cancelled by Buyer or refunded by Seller. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
If you are using the Service as a Seller, you are responsible for (and will indemnify artisouls against) all taxes associated with your sale of goods through the Service (excepting taxes based on artisouls 's income). artisouls reserves the right to withhold the payment of any amounts owed to you hereunder if artisouls suspects or determines that such amounts have been generated in
(a) a fraudulent manner,
(b) violation of this Agreement, or
(c) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by artisouls).
- Artisouls CONTENT.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by artisouls at the Website (collectively, "Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. artisouls may own the Website Content or portions of the Website Content may be made available to artisouls through arrangements with third parties. Except as expressly authorized by artisouls in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of artisouls. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
- TRADEMARK INFORMATION.
The trademarks, service marks, and logos of artisouls (the " artisoulsTrademarks") used and displayed in connection with the Service are trademarks, trade names or service marks of artisouls. Other third party trademarks, trade names or services marks used in connection with the Service may be trademarks or service marks owned by third parties (the "Third Party Trademarks". Third Party Trademarks and artisouls Trademarks shall be referred to collectively as "Trademarks". Nothing contained in this Agreement, nor your use of the Service, shall constitute