Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY PLEINAIR.STORE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.PLEINAIR.STORE (THE "SITE") AND ALL SERVICES PROVIDED ON THE SITE.
By listing paintings or purchasing paintings on the Pleinair.store, you agree to be bound by this Agreement.
1. Pleinair.store is a Venue
Pleinair.store is a venue to allow users who comply with Pleinair.store’s policies to sell and buy paintings within a fixed-price format. Pleinair.store is not directly involved in the delivery of paintings between buyers and sellers. As a result, Pleinair.store has no control over the quality, safety, of the paintings listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Pleinair.store cannot ensure that a buyer or seller will actually complete a transaction. You agree that Pleinair.store is a venue and as such is not responsible or liable for any content, text, information, usernames, graphics, images, photographs, profiles, items. You use the Pleinair.store service at your own risk.
2. Membership Eligibility
Age: Pleinair.store’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 must use Pleinair.store’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age.
Right to Refuse Service: Pleinair.store reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining Pleinair.store is free.
Commission: Pleinair.store charges a 12.9% percentage of the sale price when the item sells. The Commission Fee will be deducted from the amount of the painting sale before an artist is paid via check or PayPal.
Fees Policy: Pleinair.stores Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Pleinair.store's services are effective afterPleinair.store provides you with at least fourteen (14) days' notice by e-mail. In the event Pleinair.store 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). You are responsible for paying all fees and applicable taxes associated with using Pleinair.store.
4. Listing and Selling
Listing Description: All listings on Pleinair.store must be for sale. By requesting to list a painting on the Site you warrant that you may legally sell the painting. You must accurately describe your item and all terms of sale in your Pleinair.store listing request.
Shipping Policies: All sellers are urged to outline policies for shipping paintings in their listing request. These policies may include, shipping and returns. Sellers should include in the painting sale price, a reasonable shipping and handling fee to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not alter the item's price after a sale.
Binding Sale: Sellers are responsible for accurately listing their paintings, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the painting or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to release payment, or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Taxes: You are responsible for all applicable taxes.
5. Restricted Activities
Your painting and painting description shall not:
6. Content License: Pleinair.store does not claim ownership rights in your painting or listing text. You agree to allow Pleinair.store to store, translate, or re-format your painting or listing text and display them in any way Pleinair.store chooses. As part of a transaction, you may obtain personal information, including email address and shipping information, from a buyer. Without obtaining prior permission from the buyer, this personal information shall only be used for that transaction or for Pleinair.store related communications. Pleinair.store has not granted you a license to use the information for unsolicited commercial messages. Without express consent from the user, you are not licensed to add any Pleinair.store buyer to your email or physical mail list.
Idea Submissions: Pleinair.store considers any suggestions, ideas, proposals or other material submitted to it by users to be non-confidential and non-proprietary.
7. Information Control
Pleinair.store is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Pleinair.store does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Pleinair.store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes Disputes with Pleinair.store: In the event a dispute arises between you and Pleinair.store, please contact Pleinair.store. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Pleinair.store encourages you to contact the user or third party to resolve the dispute amicably. Pleinair.store has no obligation to resolve disputes between users or between users and outside parties. To the extent that Pleinair.store attempts to resolve a dispute, Pleinair.store will do so in good faith based solely on Pleinair.store's policies. Pleinair.store will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. You release Pleinair.store (and Pleinair.store's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. Pleinair.store's Intellectual Property
Pleinair.store, and other Pleinair.store graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, Pleinair.store. In the U.S. and/or other countries. Pleinair.store's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Breach
Pleinair.store may, without notice, and without refunding any fees, immediately remove Content, issue a warning to a user, temporarily suspend a user, prohibit access to the Site, if any of the following apply: Pleinair.store suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement ; Pleinair.store is unable to verify or authenticate any of your personal information or Content; or Pleinair.store believes that a user is acting inconsistently with the letter or spirit of Pleinair.store's policies, has engaged in improper or fraudulent activity in connection with Pleinair.store or the actions may cause legal liability or financial loss to Pleinair.store users or to Pleinair.store.
11. Privacy
Pleinair.store will not sell or disclose your personal information to third parties without your explicit consent.
12. Liability Limit
IN NO EVENT SHALL Pleinair.store, OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE OF THE SITE, Pleinair.store's SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
13. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD Pleinair.store AND OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
Pleinair.store does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Pleinair.store's control.
15. Legal Compliance
Taxes: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use any Pleinair.store service. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Pleinair.store.
16. No Agency
You and Pleinair.store are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Pleinair.store Service
Pleinair.store reserves the right to modify or terminate the Pleinair.store service for any reason, without notice, at any time. Pleinair.store reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Pleinair.store makes a material change Pleinair.store will notify you here, by email, by means of a notice on our home page, or other places Pleinair.store deems appropriate. What constitutes a "material change" will be determined at Pleinair.store's sole discretion, in good faith, and using common sense and reasonable judgment.
Effective Date: October 23, 2017
By listing paintings or purchasing paintings on the Pleinair.store, you agree to be bound by this Agreement.
1. Pleinair.store is a Venue
Pleinair.store is a venue to allow users who comply with Pleinair.store’s policies to sell and buy paintings within a fixed-price format. Pleinair.store is not directly involved in the delivery of paintings between buyers and sellers. As a result, Pleinair.store has no control over the quality, safety, of the paintings listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Pleinair.store cannot ensure that a buyer or seller will actually complete a transaction. You agree that Pleinair.store is a venue and as such is not responsible or liable for any content, text, information, usernames, graphics, images, photographs, profiles, items. You use the Pleinair.store service at your own risk.
2. Membership Eligibility
Age: Pleinair.store’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 must use Pleinair.store’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age.
Right to Refuse Service: Pleinair.store reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining Pleinair.store is free.
Commission: Pleinair.store charges a 12.9% percentage of the sale price when the item sells. The Commission Fee will be deducted from the amount of the painting sale before an artist is paid via check or PayPal.
Fees Policy: Pleinair.stores Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Pleinair.store's services are effective afterPleinair.store provides you with at least fourteen (14) days' notice by e-mail. In the event Pleinair.store 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). You are responsible for paying all fees and applicable taxes associated with using Pleinair.store.
4. Listing and Selling
Listing Description: All listings on Pleinair.store must be for sale. By requesting to list a painting on the Site you warrant that you may legally sell the painting. You must accurately describe your item and all terms of sale in your Pleinair.store listing request.
Shipping Policies: All sellers are urged to outline policies for shipping paintings in their listing request. These policies may include, shipping and returns. Sellers should include in the painting sale price, a reasonable shipping and handling fee to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not alter the item's price after a sale.
Binding Sale: Sellers are responsible for accurately listing their paintings, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the painting or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to release payment, or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Taxes: You are responsible for all applicable taxes.
5. Restricted Activities
Your painting and painting description shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with any person.
6. Content License: Pleinair.store does not claim ownership rights in your painting or listing text. You agree to allow Pleinair.store to store, translate, or re-format your painting or listing text and display them in any way Pleinair.store chooses. As part of a transaction, you may obtain personal information, including email address and shipping information, from a buyer. Without obtaining prior permission from the buyer, this personal information shall only be used for that transaction or for Pleinair.store related communications. Pleinair.store has not granted you a license to use the information for unsolicited commercial messages. Without express consent from the user, you are not licensed to add any Pleinair.store buyer to your email or physical mail list.
Idea Submissions: Pleinair.store considers any suggestions, ideas, proposals or other material submitted to it by users to be non-confidential and non-proprietary.
7. Information Control
Pleinair.store is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Pleinair.store does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Pleinair.store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes Disputes with Pleinair.store: In the event a dispute arises between you and Pleinair.store, please contact Pleinair.store. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Pleinair.store encourages you to contact the user or third party to resolve the dispute amicably. Pleinair.store has no obligation to resolve disputes between users or between users and outside parties. To the extent that Pleinair.store attempts to resolve a dispute, Pleinair.store will do so in good faith based solely on Pleinair.store's policies. Pleinair.store will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. You release Pleinair.store (and Pleinair.store's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. Pleinair.store's Intellectual Property
Pleinair.store, and other Pleinair.store graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, Pleinair.store. In the U.S. and/or other countries. Pleinair.store's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Breach
Pleinair.store may, without notice, and without refunding any fees, immediately remove Content, issue a warning to a user, temporarily suspend a user, prohibit access to the Site, if any of the following apply: Pleinair.store suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement ; Pleinair.store is unable to verify or authenticate any of your personal information or Content; or Pleinair.store believes that a user is acting inconsistently with the letter or spirit of Pleinair.store's policies, has engaged in improper or fraudulent activity in connection with Pleinair.store or the actions may cause legal liability or financial loss to Pleinair.store users or to Pleinair.store.
11. Privacy
Pleinair.store will not sell or disclose your personal information to third parties without your explicit consent.
12. Liability Limit
IN NO EVENT SHALL Pleinair.store, OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE OF THE SITE, Pleinair.store's SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
13. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD Pleinair.store AND OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
Pleinair.store does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Pleinair.store's control.
15. Legal Compliance
Taxes: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use any Pleinair.store service. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Pleinair.store.
16. No Agency
You and Pleinair.store are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Pleinair.store Service
Pleinair.store reserves the right to modify or terminate the Pleinair.store service for any reason, without notice, at any time. Pleinair.store reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Pleinair.store makes a material change Pleinair.store will notify you here, by email, by means of a notice on our home page, or other places Pleinair.store deems appropriate. What constitutes a "material change" will be determined at Pleinair.store's sole discretion, in good faith, and using common sense and reasonable judgment.
Effective Date: October 23, 2017