Updated July 01, 2019
By accessing this site, you acknowledge that you understand and agree to these terms of service, and If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. DEFINITIONS AND TERMS
Emerging Growth Services, LLC dba Local Artist Inc is registered with the IRS and possesses a federal tax id#, is registered with the secretary of state of MN, and is registered with the state of MN Department of Revenue. All transactions take place in Ramsey county, and applicable sales taxes will be charged and paid.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the specific terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
Stpaulartist.com reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
3. ARTIST SUBMISSION PROCESS AND ELIGIBILITY FOR PARTICIPATION
In order to have you art work or jewelry listed on the Site, you can upload your work by setting up your store. Items in your store cannot violate copyright or any other laws, items in your store cannot be pornographic, racist, or otherwise offensive in nature, offensive is determined by stpaulartist.com. You are solely responsible for all works of art that you make available through the site and services. Accordingly, you represent and warrant that: (i) as to the Works of Art that you make available through the site and services, you are the creator of all such works of art and you are the sole and exclusive owner of all such works of art; and (ii) work of art that you make available through the site and services for Stpaulartist.com’s use and exploitation thereof as contemplated under these terms will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We accept art in all of its forms, including visual, jewelry, pottery, ceramics, mixed media, glass, and other. We do NOT accept clothing or video or audio at this time. During the submission process it is necessary to provide certain information to help facilitate the transaction process. You agree to provide accurate, current and complete information during the submission process and to update such information to keep it accurate, current and complete. You must live in Greater St Paul, or otherwise have an artistic connection, or be engaged culturally or economically with St Paul in order to participate in this marketplace. Opening a store is self serve and designed with a highly efficient user experience in mind, however, Stpaulartist.com will carefully review every new store opening, and reserves the right to reject and terminate your store if it is found you are not in accordance with the terms and conditions as described above.
Stpaulartist.com does not affiliate, with or participate in any cross marketing platforms, any and all information we collect for the purpose of art transactions, buying and selling, is not shared with any outside party or vendor. A subpoena issued by law enforcement seeking information related to a marketplace participant is the only exception.
5. GENERAL ASSIGNMENTS
5.1 You acknowledge that Stpaulartist.com reserves the right to promote and market works of art. Commissions are outlined during the store set up process based on your subscription tier, they will be based on the sale price. All transactions are takStore ‘rent’ is based on an automatic renewal month to month agreement, unless a one time annual payment agreement is made. Artists can deactivate and reactivate their store at any time without penalty, as long as it does not disrupt any pending items that are waiting to be shipped.
5.2 If an artist is going to be ‘inactive’ or on vacation etc, it not mandatory that the store is dark during that time, you must notify potential buyers in advance, on your store front publicly displayed, prior to beginning a purchase process, that shipping will be delayed, and for how long.
5.3 All operational details of store management are handled by the store owner. Store owners are responsible to ship sold items such that they are received within 7-10 days of purchase.
5.4 There are no seller ratings, all stores owners are either engaged and active participants in this community based marketplace, or if they evidence themselves to be otherwise, they are removed. Timely shipping is the #1 criteria for measuring active engagement and participation.
5.5 When you submit works on the site, all works must be available for immediate without any contingencies of sale, and you affirm and warrant that you are the creator of and owner of the work and you own the right to sell the work without any restrictions or encumbrances.
6. RESPONSIBILITY FOR WORKS
You acknowledge and agree that you are solely responsible for all Works of Art that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to the Works of Art that you make available through the Site and Services, you are the creator of all such Works of Art and you are the sole and exclusive owner of all such Works of Art; and (ii) Work of Art that you make available through the Site and Services for TwinCitiesArtist.com’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. ONLINE SALES
7.1 When you open a store on Stpaulartist.com, you hereby appoint Stpaulartist.com as an independent seller with the right to sell such works of Art through the Site and Services.
7.2 You grant Stpaulartist.com a worldwide, non-transferable, exclusive (as defined below), right and license, with a right to sub-license to (i) use, reproduce, distribute, publicly perform and publicly display copies of the Work of Art Sales via Online Sales channels; and (ii) access, view, copy, distribute, license, publicly display, through all mediums and Technology now known or later developed for the purpose of promoting Stpaulartist.com, the Site and Services.
7.3 Stpaulartist.com produces marketing materials using the content from the site, both digitally and in print, with the collective community goals in mind (i.e. all social media platforms, videos, 3rd party images / photos) therefore, any piece of your artwork may appear in marketing materials.
8. BILLING AND SHIPPING
8.1 Stpaulartist.com will be responsible for collecting billing and shipping information from the purchaser. Stpaulartist.com will also process payments from such purchases via the Site and Services, and distribute to the artists by electronic payment platform (i.e. PayPal) in an amount to be determined in accordance with the then-current standard pricing and commission terms.
8.2 Stpaulartist.com will provide artist with the name and address of the purchaser and, you will be responsible for aspects of packaging and shipping the item(s). It is most common and encouraged to price shipping into the cost of an item by understanding its weight and domestic postage in advance of posting the item. It is required that the artist obtain a proof of shipping for each item.
8.3 For larger, higher priced, heavier, insurance required items, we provide shipper with software to help determine the costs, and we also connect shipper and buyer directly to help manage and agree to the best shipping related details. There is also a Local Pick Up option after the transaction is completed through Stpaulartist.com
8.4 If an artist does not ship the purchased item prior to the expiration of the Shipping Period, then the sale may be canceled. Purchaser will be refunded the cost of the item, the artist will be charged back, and the artist store will be closed. are confirmed TwinCitiesArtist.com will credit your Account with the corresponding Artist Commission within 30 days after the expiration of the return period.
8.5 In the event of damage to an item upon receipt, it is anticipated and will be closely monitored, that this will be resolved directly between buyer and seller. Stpaulartist.com is not responsible for the shipping or fulfillment of goods or items, or damage to items during shipping.