Thank you for visiting www.artistshot.com (the “Site”) which is owned and operated by Artist Shot LLC (“Artist Shot”, “We” or “Us”).
Artist Shot is a website created with the purpose of spreading creativity and individuality. Artist Shot is the new meeting site for designers, artists and Users with unique concepts created and have them printed on products available on Artist Shot.
It is significantly important for all type of Users of Artist Shot including customers, browsers and shop owners to respect the ownership rights of the created designs and contents, as well as copyrights and trademarks. Only the designs created by the individuals themselves can upload and authorize permission to others to use them. All clients including a buyer, designer/shop owner and browsers, are considered a “User” (“User” or “You”) under these Terms and Conditions.
Designers/Shop Owners need to be aware of the legal responsibilities while publishing their work and ensure no laws are being violated in the process of sharing their product on Artist Shot.
Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and Artist Shot.
Artist Shot read the agreement below and understand that by using our Site the agreement is accepted. If the terms are not suitable for you, please do not use our Site.
Artist Shot offers some services (the “Services”) that enable you to publish, sell, discuss and purchase your work, interact with other members from all over the world and benefit from Artist Shot’s facilitation of product fulfilment, including payment processing, customer services and delivery of products to the customer.
We are the Marketplace that facilitates the sale of your products to the customers and you are an independent artist sharing your creations with the world on Artist Shot.
Your design or work includes, but is not limited to, any media, materials, designs, text, data, photos, graphics, images, stitch files, or any of these elements in combination (the “Content”).
The Services allow you to upload your Content on the Site and apply them to a variety of blank items to create physical product bearing your Content (the “Product”).
Your Content which you upload on the Site may be viewed by all users once you decide to publish it. You may order a physical product bearing one of your Contents or you may put your Content for sale in order to sell it to customers as a physical product. When a customer orders a product from the Site, Artist Shot will ship the physical product to her/him in the form specified by the customer.
Artist Shot facilitates the sale of your product that includes payment, processing and arranging for manufacturing your Product in respect of the orders placed by the customers via the Site.
You need to set up a password secured account (the “Account”) in order to become a registered member and you need to create a username and a password. In order to upload any content, sell a product or make any comments on Artist Shot, Users must become a member. Artist Shot has the right to decline any user name that is determined to be improper and/or decline any individual from becoming a member. Also, you are responsible for all activities which occur under your Account. You agree to notify us immediately of any breach of security or unauthorized use of your Account.
You are held responsible for the actions made on the Site using your password. This includes but not limited to purchased or sold any products and content or messages posted/sent even if these activities were not authorized and intended by you. You are completely liable for any damage caused by any use of your password by you, or any other person.
You acknowledge that you will not reveal your password to anyone else and prevent it from being copied or used by anyone other than you. In the circumstance where someone else knows your password, you must change it immediately.
All Users are required to provide complete and accurate email address along with their legal information. Lack of these details and legal information will prevent their contents being viewed publicly and sold on our Site. False and deceitful information in required “legal information” will result in instant termination of the shop and restraining of possible existing commission.
Artist Shot does not claim ownership to any Content submitted by a User. Artist Shot is not entitled to distribute owners’ designs to either in its own shops, in shops of third parties or via other channels of distribution if the shop owner has not expressly agreed to this.
If the User uploads, downloads, posts, emails or otherwise transmits any content to Artist Shot as a design for products available on this site or otherwise, the sufficient rights are granted to Artist Shot to use any such Content so that Artist Shot is not violating any rights the User may have in such Content.
You own all and retain all rights in your Content and you keep the copyright in the contents which you upload to our Site. By uploading or submitting your Content to our Site, you hereby grant Artist Shot a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly display, publicly perform and archive your Content in accordance with these Terms and Conditions.
Once you upload your Content on our Site, you represent and warrant that:
You are the seller of your Contents and we are not your employer. Also, we do not pay your income. You sell your Content on our Site as an independent artist. You will charge customers for each Content you sell.
Product price includes the Artist Shot base price, design fees and the fee you will charge customers for each Content (the “Commission”). Also, shipping fee will be added to the product price. Artist Shot withhold the right to alter and change the base price of their products at any time. Your payment will be made quarterly within 45 days of the end of a calendar quarter. The minimum amount of commission is $25.00. It is your responsibility for providing Artist Shot with current, accurate, valid payment details. You will be held accountable for providing incorrect payment details.
It is your responsibility to deal with all applicable taxes regarding each transaction and you will account for any taxes imposed by government or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms and Conditions. All tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
Artist Shot does not collect taxes on your behalf and issue 1099s to you. We are not your employer and we do not pay your income. We are the Marketplace that facilitates the sale of your products to the customers and you are an independent artist sharing your creations with the world on Artist Shot.
As PayPal is the final issuer of payments, they are responsible for any tax documentation required by the IRS. Due to these reasons, we do not issue 1099s.
Pursuant to the PayPal website, they will only issue 1099s if your payment volume (all sites you work with) exceeds both of these levels in a calendar year:
You can find more information regarding Paypal 1099 on the Paypal website.
Tax is a really important matter. We kindly suggest you ask your questions to a tax professional who knows your local laws or the IRS.
The proposals offered on Artist Shot and in partner shops on the website serve a non-binding request for the customer to purchase an order with Artist Shot.
By completing an order application and sending the request to purchase a Product on the Site, the buyer makes a binding offer for a contract of sale of the content product offered on the Site. The buyer then will receive an e-mail with the order confirmation. This e-mail validates and shall only inform the buyer that their order was received by Artist Shot and does not suggest an approval of the offer. The contract is only accepted and becomes active when Artist Shot ships the ordered product to the buyer and confirms the shipment of the product to the buyer in a second e-mail.
The contract becomes terminated with full delivery to the address provided by the buyer to Artist Shot. Artist Shot will attempt to replace the product with an identical substitute transaction if any disruption of shipment of the product occurs. If Artist Shot fails to comprise the unavailable product in a business timeframe, the buyer shall be informed immediately about the non-availability of the product and the service. If the buyer has already made a payment, the payment shall be refunded.
Artist Shot maintains the right to deny any given orders for any reason with notice to the customer. Artist Shot also may cancel an order if it is believed to violate these Terms and Conditions or in infringement of the right of any person or any law. Purchased product order may be canceled even of it has been confirmed and the customer has made payment. We retain this right until the time customer receives the product ordered. If such a cancellation occurs after the customer has made a payment for the product, the charged amount will be refunded back to customer’s account.
Buyers can purchase products on the Site using a valid credit card, the PayPal or Apple Pay systems and do not have to be a member to purchase a product. The price of the purchased product is fixed at the time of the ordering. The cost of the product will be charged at the time your order is placed.
Artist Shot has the right to rely on trustworthy third-party services for handling of the payment. In a delinquency of payment from the customer, Artist Shot has the right to transfer the claims to a debt collection agency along with personal information needed for the handling of payments to third parties.
It is the buyers/users/customers obligation to provide the correct delivery shipment address. Artist Shot take no accountability for any product the customer does not obtain due to incorrect address provided for shipment to Artist Shot.
You may not cancel an order once it has been submitted unless informed otherwise. Once a printing of a product begins, cancellation cannot be performed. Orders enter the printing process as early as same day or next business day after the order has been placed on the Site.
Cancellation on orders before printing begun can be done with to a fifteen percent (15%) cancellation fee of the order total. Fifteen percent cancellation fee includes costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs. Orders are processed as early as minutes after they are placed on Artist Shot.
Customers have 30 days guaranteed after the order has been shipped in order to get a refund or exchange. Once the customer receives the purchased product from our Site and the product received is not the right ordered merchandise or physically damaged due to an error on our part or the sellers, Artist Shot will contact the seller to address the issue for the replacement of the product after receiving reasonable proof of the issue from the buyer. If you receive a damaged product, then you must contact Artist Shot customer service within 14 days of receipt with the nature of the damage and to arrange for a new product to be sent to you at no cost to you.
Buyers/Customers must be aware that published products by the sellers are regulated and controlled by the seller and Artist Shot do not screen all the content on the Site. Therefore, it is the customers’ duty to validate the quality of the content including but not limited to grammar errors, misspelled words or overall presence of the product before making the purchase. Exchange policy does not apply to content but only to the physical product.
You understand that even though we have legitimate cautions with the products on our Site, the content might be posted at an incorrect price or information or may be nonexistent. You understand and acknowledge that we cannot progress an order where such an error exists and hereby inform us to cancel such an order where we can take other actions as required.
Ordered product will be delivered to the address instructed by the buyer by the postal/shipment service provider chosen by Artist Shot and will be paid by the buyer during the time of purchase. The shipping charges will fluctuate according to the size, weight, price and the delivery location of the ordered product. The ordered product will be shipped between few days to three weeks at the latest. Depending on the location of the delivery, arrival time of the ordered product may vary. Delivery is available in United States and other countries of the world.
Also, you authorize Artist Shot to discard and dispose any product that becomes excess due to refunds, reprints, fraud, product sampling or promotional activities, in any way.
The Content published on the Site do not get examined and scanned before it gets displayed on the Site. Therefore, there might be some content that is inappropriate and neglects the agreement for our Site.
Even though Artist Shot does not regularly review and analyze the posted content on the Site, Artist Shot has the right, but not obligated, to remove or edit such content.
Customers can inform Artist Shot immediately regarding any inappropriate, or potentially inappropriate content posted on the Site. If you are convinced that copyright or other intellectual property rights are being infringed, you can make a formal complaint to us.
All Users must confirm and assure that using Site and our Services are not illegal or prohibited by laws that apply to all Users.
All Users of Artist Shot must be at least 18 years of age or older or have permission and consent from their parent or guardian to have access to our Site. With reference to Federal Children's Online Privacy Protection Act of 1998 (COPPA), Artist Shot will never intentionally solicit, nor will accept, personally identifiable information from members known to be under thirteen (13) years of age.
It is the Users’ responsibility to protect themselves during the process of accessing Artist Shot’s website.
To avoid any type of risk from our Site and the Services provided, including viruses, malicious computer code or other forms of interference that might damage their computer system, Users must take their own precautions. It is not our responsibility for any obstruction or harm to any computer system that occurs in connection with your use of this Site or any linked website.
We are not accountable for any losses caused directly or indirectly from a failure to supply the Artist Shot Service, errors or loss of data, corruptions or interruptions, any suspension or termination of the Artist Shot Service, or any transmissions by others in infringement of the registered members’ obligations as set out in these Terms and Conditions.
All users must understand that Artist Shot may not be able to validate the identity of other registered members or prevent them demonstrating deceitful deceptions or any behavior that infringes the rights of any individual and people.
All intellectual property rights in the Site and the Artist Shot Services including the designs, texts, graphics, logos, icons, artworks, contents, software, user interfaces and photographs are owned by us and/or are licensed to Artist Shot. Artist Shot reserves all of its rights.
Except for the intention of and matter to the conditions defined under appropriate Trademark and Copyright legislation worldwide, and except as expressly provided in these Terms and Conditions or otherwise permitted by law, you cannot in any form/format use any Artist Shot Content.
You cannot copy, adapt, reproduce, modify, store, republish, upload, distribute, perform, post, print, display, create derivative works from any part of this Site, publicly display including of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without our written permission and a prior written consent from us.
We respect the intellectual property rights of others and are against of wrong use as well as unauthorized use of copyrighted or trademarked material in our online store. We only welcome true original artists and fight against infringing materials on a daily basis by removing such content when we receive a proper notice of infringement.
We reserve the right to remove the content which infringes the copyrights, trademark rights, other intellectual property rights or publicity rights of others from our Site and, in appropriate circumstances, to terminate the accounts of users who are repeat infringers. To be able to get detailed information regarding intellectual property rights, you should check Our Intellectual Property Rights Policy.
You solely understand and agree that using any service on Artist Shot is at your sole risk. We do not guarantee and promise that any services on Artist Shot’s website or any of its contents are error free and virus free. You must take your own precautions against these viruses as we accept no responsibility for any infection by virus or error or by anything which has destructive properties.
To the maximum extent permitted by applicable law, Artist Shot Service is provided on an “as is” and “as available” basis, without warranties, conditions, representations or guarantees of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. Artist Shot does not warrant the operations of its offerings will be uninterrupted or error free.
No oral or written information or advice given by Artist Shot or our authorized representatives shall create a warranty. This disclaimer of warranty constitutes an essential part of the terms and conditions.
We do not accept any responsibility for any defective services including loss or damage, either directly or indirectly experience in connection with the use of this Site or any linked website, any loss due to your use of or reliance on information enclosed on or accessed by using this Site.
Artist Shot shall not be responsible for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Service.
You agree to indemnify, defend and hold harmless Artist Shot and/or Artist Shot’s Affiliates, including, officers, directors, employees, agents, and representatives, third-party advertisers and all other products sold through the website from and against any and all claims, demands, damages, losses, liabilities and costs including legal expenses incurred by Artist Shot and/or Artist Shot Affiliates regarding any claim arising out of 1. the breach of these Terms and Conditions; 2. your use of our Site; 3. any accusation that any information that you present to us or submit to Artist Shot that infringe or another way breaches the copyright, trademark or intellectual property or other rights of any third party; or 4. the infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Site.
Artist Shot reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any dispute arise from or in connection with these Terms and Conditions and the use of the Site, you and Artist Shot agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California.
Artist Shot accept no liability for any failure to abide with these Terms and Conditions where such failure is due to conditions beyond our reasonable control. Any rights waived by us that is accessible to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be ineffective, illegitimate or illegal for any reason, the remaining terms and conditions will still continue in full force.
Delivery and Services of Artist Shot are entirely subject to the general terms and conditions of Artist Shot. The Shop Owners may not enforce additional terms and conditions with their contents.