artBangBang's terms of use

Please read these terms of use ("Agreement" or "Terms of use") carefully before using the Site and services offered by Art Bang Bang, Ltd. This agreement sets forth the legally binding terms and conditions for your use of the website at www.artbangbang.com and other offered services by Art Bang Bang, Ltd.

1. USER ACCEPTANCE

1. Use of service

By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink or agreements on the Site. This document applies to all users of the Site, including without limitation users who are Artists, Collectors, Users, contributors of content, information and other materials or services on the Site.

2. Modification and notification of changes

ArtBangBang has the right to change details to it's website and this Terms of Use. You will be notified when any changes are made to this TOU. We will do so by sending you an official email to your personal address and your artBangBang inbox system. Make sure artBangBang's message are not in your spam personal inbox. We might also use the Site to inform you about changes when you log in or doing any transaction trough the Site.
If you wish to terminate your account due to any modifications made to this TOU, send an email to team@artbangbang.com with the subject TERMINATION and we will go through with the shut down of your account.

3. Effective Date

This terms of use is effective as of the 1st of August 2014.

2. KEY TERMS

“artBangBang” or “Site”: means all content made available on www.artbangbang.com by Art Bang Bang Ltd., excluding Member Content.
“Member Content” : means all content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.
“User” : means a person who uses the services and web pages on artBangBang.
“Member” : means a User who completes ArtBangBang's registration process.
“Artist” : means a Member who creates a Listing via the Site.
“Collector” : means a User who completes an Order via the Site.
“Listing” : means an Artwork & Merch or Digital Media listed on the site by the Artist and available for Order by the Members.
“Item” : means the physical product behind the Listing.
“Order” : means a request for the Free sharing, Rental or Purchase of a listing and the pre-acceptance of a exchange Agreement.
“Agreement” : means a list of clauses agreed upon by an Artist and a Member that completed an order.
“Charge” : means a successful charge as defined in Stripe's API documentation. In non-legal terms, it means a successful payment made by a Collector.

3. USER CONTENT

1. Your user content is your responsibility, not artBangBang's

1. Artists
1. Creation of Items
Artists registered on artBangBang are responsible for the creation of artwork, pictures of artwork and production of art Merch.
2. Updating artist informations
Artists agree to keep their profile informations up to date. Unavailable items have to be listed so. In the case an artist cannot take care of his account and profile for a certain time, it's his responsibility to update his availability status on the calendar provided by Art Bang Bang on personal profiles.
3. Listing conditions
All listings on artBangBang must be for sale. By listing an item on the Site you warrant that you and all aspects of the item are conform to artBangBang's published policies. You also endorse that you may legally sell the item. You must accurately describe your listed items and all terms of sale in your artBangBang dashboard. All items must be listed in an appropriate category with appropriate tags. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
4. Availability and pricing of listed items
Products displayed by artists have to be AVAILABLE in order to be listed for free share, rent or sale. Artists are responsible for pricing their artwork and art Merch. ArtBangBang is not responsible of price confirmation or availability of an item. All prices include shipping and handling or sales taxes, if applicable. It’s the responsibility of the artist and the user to contact each other through artBangBang’s mailing system in order to chose, if applicable, the shipping methods and price. The client and the artist are responsible for the payment of any shipping and handling charges, state and local sales or use taxes that may apply to your Order.
2. Members
1. Virtual and in-person meetings
ArtBangBang does not organize or supervise meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. All users may arrange and attend online virtual meetings or in-person meetings with one or more individuals (including, but not limited to, artwork exchange meetings, Merch selling, artBangBang events, virtual conversations made trough the artBangBang message system, etc.). Users are solely responsible for interactions with others. They must comply with artBangBang's policies and acknowledge and agree to comply with the laws of the country in which the meeting occurs. Additional eligibility requirements for a particular group or meeting may be set by the users participating to this meeting.
2. Links
ArtBangBang is not responsible of what is available on third parties links (ex. social networks, artist's personal websites, etc.). Knowing we have no control on such external resources and sites, you agree that artBangBang is not responsible of the liability of any content such as advertisement, products, information, etc.
3. Accuracy, completeness, truthfulness or reliability
By using the Site, you represent that you are of legal age to agree to such a TOU and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself when asked on the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or that artBangBang has reasonable grounds to suspect that such information is incomplete, artBangBang has the right to suspend or terminate your account and refuse any re-registration.
4. Confidentiality responsibility
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You are responsible for all activities that occur under your account or password. You might notify artBangBang of any unauthorized use of your account or any other breach of security. ArtBangBang reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Up to date activity
You agree to stay active and up to date with informations and transactions on your account. If you are not available for a while, you agree to unlist your listings until further availabilities.

2. User Content License

1. Remains intellectual property of Member
ArtBangBang does not claim ownership of any materials (artwork, content, informations, etc.) you make available through the Site. By submitting such materials on the Site, you agree it might be used, re-posted, shared or serve advertisement purposes by artBangBang. You understand and agree that artBangBang is allowed to select your content for Staff Picks lists (or any other Search, Discover or testimonial tabs) and might be listed on the home page or any other artBangBang’s public pages on the Site. You understand this exposure opportunity will not be considered as copyright infringement. With respect to such materials you submit or make available for inclusion on the Site, make sure the information and material you provide publicly is owned by you and not by a third party.
2. Right to Monitor or Remove
ArtBangBang reserves the right to remove any content from the Site. A content will be removed if it is judged offensive, illegal, source of copyright infringement or not respecting these terms of use. ArtBangBang can also monitor all activities performed by users on the Site and use this information in case of disputes.

4. SERVICE USE

1. Code of Conduct

1. Access to site and tools
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or air time charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. Site-Provided message system and Postings
ArtBangBang provides users with the ability to send messages to other users and non-users through the artBangBang message system. This tool might use personal emails of users when needed. You agree that we do so not in a spam perspective but in a useful one. The Site provides users with the possibility of posting content and messages on artBangBang. We do not assume any responsibility for what is posted by users and we do not take the responsibility of reviewing any posting content.
3. Use conditions
You agree not to use the artBangBang platform in order to post or initiate content that contain :

1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
2. Advertisements or solicitation of any kind.
3. Impersonate others or provide any kind of false information.
4. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
5. Messages by non-spokesperson employees of Art Bang Bang purporting to speak on behalf of Art Bang Bang or containing confidential information.
6. Messages that offer unauthorized downloads of any copyrighted or private information.
7. Multiple messages placed within individual folders by the same user restating the same point.
8. Chain letters of any kind.
9. Identical or obviously similar messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
10. Unauthorized individuals trying to access secured areas and accounts on the site may be subject to prosecution. It's prohibited to transgress limits set by the artBangBang team on the Site.
4. No hacking
ArtBangBang gives you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material 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; any action that imposes or may impose (in artBangBang's sole discretion) an unreasonable or disproportionately large load on artBangBang's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by artBangBang to prevent or restrict access to the Site. If users are caught doing any actions listed above, it’s at our sole discretion to suspend or terminate their limited acess license to the Site.
5. Reporting violations and security threats
If a user does not respect laws or these terms of use during a meeting, the other meeting participants can write to team@artbangbang.com in order to formulate a complaint about this user.
6. No user screening
Users understand that artBangBang does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

2. Eligibility

The artBangBang Service is not available to any users suspended or removed from the system by artBangBang for any reason. Users are prohibited from selling, trading, or otherwise transferring their artBangBang account to another party without changing the account informations in order to make the account accurate to it’s member. If you do not qualify, you may not use the artBangBang Service or the Site.
Members have to be 18 years of age or older in order to accept this TOU and to create an account.

3. Electronic Communications

When you use the Site or send emails to artBangBang, you are communicating with us electronically. You consent to receive communications electronically from artBangBang and its Site Affiliates. ArtBangBang might communicate with you also by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

4. Social networks and information use

We might access and interect with your social networks profiles on behalf of you . By accepting these TOU, you accept we do so. Since you can register on artBangBang using your Facebook or Google+ account, you give us the permission to access your informations this way. We will NOT collect your username and password but only the authorization provided to us by the social network Site to access it on your behalf. You can revoke and change this action by using the appropriate settings from within your social network settings.

5. Payment and fees

1. Payment processing service : Stripe Connect

ArtBangBang uses the services of Stripe to process all payments and donations on the Site. Before they can receive orders and collect payments and donations, Artists are required to have an active “Stripe Connect” account linked to their artBangBang account. ArtBangBang should be made aware of the Artist's Stripe account credentials and keys. Otherwise, the artist is not allowed to receive orders through the Site.
ArtBangBang is not involved in the flow of funds. When an Artist connects with Stripe (using “Stripe Connect” service), he'll be prompted to connect their existing Stripe account or frictionlessly create their own. ArtBangBang will have access to their account and is allowed to make API calls for them.
Since the transactions are being run on the Artist's individual accounts, this means that:

1. No funds other than artBangBang's cut of the transaction (see artBangBang commission below) flow through artBangBang account, so the Artist is solely responsible for any refunds or charge-backs. More information on Chargebacks here : stripe.com/help/disputes.
2. Stripe will keep track of how much is owed to each individual Artist and automatically transfer funds to them on the schedule listed in their dashboard.
3. The Artists will have access to the Stripe dashboard for reporting and analytics needs.

2. Stripe Pricing

1. Stripe charges 2.9% + 30¢ per successful charge, as defined by Stripe's terms of use.
2. Stripe doesn't charge any setup fees or monthly fees. There’s no extra charge for failed transactions, stored cards, or recurring payments.
3. There is a $15 fee for chargebacks. If the dispute is resolved in the Artist's favor, Stripe refunds this fee.
4. Canada users can charge in CAD & USD. If the Artist doesn’t connect a bank account for a currency, Stripe will automatically convert it for a 2% fee.

3. ArtBangBang's commission and listing fees

1.ArtBangBang charges a 7% commission to the collectors on orders accepted by the artist. This amount will be automatically withdrawn for each one-time charge or monthly subscription payment (for rentals).
2. In the future, artBangBang will also charge a 0.10cts, 0.15cts and 0.30cts fee per 4 months for listing an item as merch, rental or sale only, respectively.
If the item is listed for less than 4 months, artBangBang charges a pro-rata of this amount per number of days listed on a 360-day basis. Ex: a 60-day listing will be charged 60/120*0.30cts= 15cts.
3. The Artist will receive a bill for the listing fees. However, this amount will only be withdrawn if the balance of the Artist is higher than 100$. The balance of the artist is equal to the total revenue generated by the Artist on the Site. After a bill is paid in total, the balance is reduced by 100$ and the next bill amount will be withdrawn only if the balance reaches 100$ again. If the balance is higher than 100$, the amount of the bill will be withdrawn everytime the Artist receives a payment.

4. Prices and Fee avoidance

The price stated in each item listing description must be an accurate representation of the sale. Artists may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Artists may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding artBangBang transaction fees, misrepresent the item's location, or use another user's account without permission. ArtBangBang has the right to suspend any accounts of users who don’t follow this agreement.

6. Orders and Agreements

1. Completing orders

1. Accepting/Rejecting Orders and their duration
The artist has 3 days to accept or reject an order. Upon rejection of an order or after 3 days without a response from the Artist, the order is expired and no money is charged. Upon acceptance of an order, the artist agrees to answer the messages of his collector and organize a meeting and/or shipping in order to deliver the item.
2. Delivery
Both parties should do reasonable effort to ensure the exchange/delivery of the ordered item before the deadline of 2 weeks after the acceptance/rejection of the order. When an art merch product is ordered by a client, the Artist agrees to ship and/or deliver this order within the shipment delay set forth by the Artist when uploading the Merch Item
3. Return of the artwork after a free sharing/rental term
At the end of a free sharing and/or renting contract bonding the artist and the client, the client is responsible to deliver back the art piece to the artist. If the client does not deliver the art piece back, is not answering the artist's messages and/or is impossible to contact, a dispute for the payment of the total price of the item will be initiated using his credit card from his verification process or payment. If the dispute is resolved in the Artist's favor, the Artist will be indemnified for the amount received minus any fees and commissions.

2. Return policy

ArtBangBang is not responsible for item listed by users. The Artist and Collector are responsible to contact each other and arrange a custom return. The Artist is responsible for informing the Collector of a specific personal return policy.

3. Damage or loss

At the end of a free sharing or renting contract bonding the Artist and the Collector, if the Collector damages partially or fully or loses the item, a dispute for the payment of the reparation costs or the total price of the item (if the item is beyond reparation or lost) will be initiated using his credit card from his verification process or payment. If the dispute is resolved in the Artist's favor, the Artist will be indemnified for the amount received minus any fees and commissions.

4. Rental credits

For rental contracts, the Collector accumulates credits towards the purchase of the item. If a Collector decides to purchase a rented item, 80% of the total monthly payments go to reduce the purchase price of the item. This item will be automatically discounted upon purchase.

5. Collector Promoting

1.Collectors agree to participate to the success of the artists they borrow, rent or buy from by sharing their artBangBang profiles on their social networks (such as Facebook, Twitter, Google+ and Pinterest).
2. Collectors agree to promote a rented or borrowed item every time a person views the exhibited item.
3. If the Collector finds a potential buyer for a rented/borrowed item, the Artist and Collector agree not to bypass artBangBang's platform. The potential buyer has to go through the Site for the completion of the payment.

7. Limitation Of Liability

You understand that we are only willing to offer you access to the Site and services if you agree to certain limitations of our liability to you and to third parties. To the extent permitted under applicable law, in no event we (Team and thrid parties related to artBangBang) be liable for any intangible damages related, including but not limited to, your profits, revenues, carrier opportunities, data, etc. We will not be responsible for any damages arising from transactions made between you and third parties, even if they are made trough the Site. If you are not satisfied with any part of this Site or TOU, your ONLY remedy is to STOP the use of the Site and the services we provide. We (Team and third parties related to the site) are not liable for any delay or failure in performance of artBangBang services due to acts of nature or causes beyond control.

1. disclaimer of warranty

All content, products and services provided on the Site, or site to which artBangBang is linked, are presented to you « as is ». We are not responsible for the reliability of opinions and statements made by parties other than artBangBang. We are not liable for information provided on other sites linked to artBangBang. Other than as required under applicable consumer protection law, artBangBang will under no circumstance be liable for any loss or damage caused by a user's confidence on information obtained trough the site or a linked site. It is the user's responsibility to evaluate the accuracy of any opinion or content available trough the Site. Please seek the advice of appropriate professionals in order to evaluate any specific content you are not sure about.

2. Indemnity

You agree to indemnify artBangBang from any fees or responsibility related to your violation of this TOU or any law of a third party.

3. Trademarks

Any artBangBang logo, service mark or branding image are the property of artBangBang and cannot be used by any other party without our written permission. The software, code and concept related in anyways to the site is protected by copyright. Users are not allowed to modify, copy licensing any part of it for public or commercial purposes.

4. Copyright policies

ArtBangBang wants you, and it's team, to respect the intellectual property of others. We have the right to disable any accounts of users who don't follow this rule. If you think your artwork has been copied or victim of copyright infringement by a third party, please inform the artBangBang as quick as possible by sending these informations :

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Reach our team in order to be helped on this behalf : team@artbangbang.com

5. General

The laws under which you agree and act and the duration of these Terms of Use: By agreeing to these Terms of Use, you act under and respect the laws of the country you reside in and/or other applicable jurisdictions. The relationship between you and artBangBang is governed by the laws of the province of Quebec, Canada. These Terms of Use represent the only and complete agreement between you and artBangBang. By personally agreeing to these terms, you cannot transfer or delegate your rights to anybody else. You acknowledge that artBangBang has the right to seek an injunction to prevent or stop an infraction of your obligations under these terms. Any failure or delay by us to exercise any right stipulated in these Terms of Use will not represent a waiver of such right. No waiver, if not designated and signed by us, will have effect at any time. Any obligations and limitations on responsibility according to the Site (content, marks, services, rights) will survive the expiration or termination of these Terms of Use.