DISCOVERED TALENT COMPANIES, LLC (“DTC” “we” “us” “our”) provides the Services offered on DISCOVOREDARTISTS.COM (“the website”). Buying and selling art (“product” “item”) and all activities associated with the website (the “Services”) are available to Registered Buyers and Registered Sellers or any Registered Visitors (“you” or “user” “they” “their”) to the website only when you agree to the following terms and conditions set forth in this Terms of Service Agreement (“Agreement”).
Acceptance of and compliance with this Agreement is required before you may use the Services provided at www.DiscoveredArtists.com. You must agree with and accept all of the terms and conditions contained in this Agreement, the Privacy Policy, and other policy documents, user instructions, guidelines, and conditions contained in this Agreement and those incorporated by reference. The Agreement may be updated by DTC without notice. A current version of the Agreement is available at Terms of Service Agreement.
Registration is required to use the Services, and use of the Services obligates you to:
- Provide accurate registration data: Accurate registration data is true and complete information about you as prompted by the Website registration form.
- Maintain updated registration data: Keep your registration current, true and complete.
- Confirm that you are at least 18 years of age or that you are using the Services only in conjunction with, and under the supervision of, a parent or legal guardian.
- Confirm that you are an individual who has the capacity to form legally binding contracts under applicable law.
- If you are representing a business entity, confirm that you personally guarantee that you are authorized to bind the entity to this Agreement.
- Acknowledge that you are responsible for any activities that occur under your user name (signed onto the site or as represented) and that your user name may not be transferred or sold to another party.
- Agree that you will not harass, abuse, threaten, impersonate, or intimidate other users, directors, managers, members, agents, suppliers, employees, family members, affiliates of DTC (as applicable), or in any way harm any entities or individuals associated with the Website.
- Agree that you will not use the Website for any illegal activity.
- Agree that you will not violate any laws in the use of the Website.
A consequence of providing any information that is untrue, inaccurate, not current or incomplete, or if DTC finds on reasonable grounds, or suspects that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. DTC has the right to refuse your use of any and all current or future use of the entire website or any portion of the DiscoveredArtists.com website for any reason without notice to you.
Content posted to the Website
Registered users agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originates. DTC is not responsible for Content that you upload, post, email, transmit or otherwise make available via the Service. DTC has no control over content viewed via the Website and therefore, cannot guarantee the accuracy, integrity or quality of the content. Users must agree and understand that they use the Website at their own risk and cannot hold DTC liable in any way for exposure to, or any damages caused by or resulting from viewing objectionable, incomplete, inaccurate, unclear, indecent, objectionable or otherwise offensive content.
DTC, and its managers and agents, do not prescreen Content and is not obligated to refuse, move, edit or remove Content, but has the right to refuse, move, edit, or remove Content for any reason, including Content that violates this Agreement (which includes specific and general examples of objectionable Content, but is not limiting). You agree that you must evaluate and bear the risks associated with Content that you upload, post, email, transmit or otherwise make available and that you acknowledge that you are solely responsible for the accuracy, completeness, and usefulness of the Content.
DTC, and its managers and agents, may preserve your Content and may disclose your Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: 1) comply with a legal process; 2) enforce this Agreement; 3) respond to claims reasonably made, that are associated with the Content; 4) protect rights or property; 5) protect the safety of others (including DTC directors, managers, members, agents, suppliers, employees, family members, affiliates, users and the public).
You understand and accept that processing and transmission of Content may involve transmission over a number of networks not under the control of DTC. You further understand that your Content may be altered (reformatted) without your permission.
As a registered user uploading Content you agree that you will:
- Never rely on the Website to refuse, edit, move or remove your Content. You acknowledge that you are responsible for Content you upload, post, email, transmit or otherwise make available.
- Never upload or post Content that is not art (personal photos, scribbles; photos of items not available for sale);
- Never upload, post, email, transmit or otherwise make available any Content that is libelous, defamatory, abusive, threatening, a personal attack, unlawful, harmful, harassing, tortuous, vulgar, obscene, libelous, offensive, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, insulting or hurtful;
- Never harm an under aged individual (a minor, adolescent or child);
- Never mimic or impersonate an entity or individual. This includes making false statements or misrepresentation of your affiliation with any individual or entity including representatives of DTC directors, managers, members, agents, suppliers, employees, family members, affiliates, the Discovered Artist Advisory Board, members, customers, or registered users, of the Website;
- Never copy, duplicate or forge any text or graphic elements of the Website in an attempt to commit fraud, or for the purpose of creating material falsely disguised as originating from DTC or the Website;
- Never upload, post, email, transmit or otherwise make available any content that you do not have a right to make available (such as proprietary or confidential information related to employment, securities, or any other source);
- Never upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, copyright, or other proprietary rights (“Rights”) of any party including trade secrets or inside information;
- Never upload, post, email, transmit or otherwise make available unsolicited or unauthorized advertising material (spam, junk mail, chain letters, pyramid schemes, misleading offers);
- Never upload, post, email, transmit or otherwise make available data, files, graphic files or any material that contains software viruses, code that could interfere with Website operations or is designed to interrupt the Services, destroy or limit the functionality of any computer software, hardware or telecommunications applications or equipment;
- Never interfere with or disrupt DiscoveredArtists.com service by interfering with server operation, networking, transmission of data or other internet functions; never disrupt services by disobeying requirements, procedures, policies or regulations of networks connected to DiscoveredArtists.com.
- Never violate any applicable law, intentionally or unintentionally including all laws of state, local, national or international origin, including governmental or institutional agencies with force of law;
- Never stalk, harass or in any way cause emotional or physical harm or discomfort to another user for any reason.
- Never manipulate or attempt to manipulate the price(s) of an item(s) (by hacking into the Website or by misrepresenting the asking price in any way).
Description of Services
The service provides users a marketplace for buying and selling art. DTC is not a retailer. DTC at no time transfers legal ownership of a product from the seller to the buyer. DTC facilitates, but is not involved in the offer, transaction, acceptance, or delivery of product or involved in the pricing, manufacture, quality or any benefits or features expressed by the Seller to the Buyer. The Website serves as a venue where art is displayed, described, and offered to Buyers (who accept on condition of meeting terms specified by the Seller and in compliance with this Agreement). As a result DTC has no control over the safety, legality or quality of the products advertised or the truth or accuracy of the listings, or the ability of Sellers to sell items or the ability of buyers to pay for items. DTC cannot ensure that a transaction will actually be completed.
You understand that the Website, DiscoveredArtists.com is a venue: in the event that you have a dispute with one or more users, you release DTC and its officers, directors, manages, agents, suppliers, vendors, affiliates, and family members 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 such disputes.
As a Seller you must provide a valid credit card or valid U.S. bank account. When necessary and for valid cause you will issue refunds according to DTC’s refund requirement. If for any reason a transaction is reversed or charged back you agree to reimburse DTC for the entire amount (of the reversed transaction). You further agree that DTC has the right to issue a refund on your behalf and without your consent and that you agree to pay DTC any and all fees.
As a Seller you must be the legal owner of products you offer for sale on the Website. You must enter complete, accurate descriptions of the items, all terms of the sale and any information relevant to the item (and exclude information that is not relevant to the item). You are required to upload a photo that portrays (represents) the item as accurately as possible; list the item in the appropriate “search” category; completely and accurately describe the item (using text); and “describe” the item through use of the Website search criteria. You must include an asking price for the item. If you are selling “limited edition” items that are identical (except for a signature or number) you must include the “limited edition” quantity. You are required to create a separate listing for each unique item.
Tax Responsibility
Title to the Product(s) does not pass to DTC. The seller is the retailer for sales tax purposes. The seller shall file all sales tax returns in accordance with applicable law, and each seller indemnifies DTC against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's products.
Sales Tax Procedure
The seller shall specify the sales tax rate for the state (country, region or municipality or any taxing agency) within which the seller must pay taxes. If a buyer purchases a Product from a seller that resides in the same state, the shopping cart software shall add a sales tax fee at the rate provided by the Seller for the state within which such buyer lives. Such sales tax charged and collected shall be passed on to the seller.
Tax Reporting
It is the sole responsibility of the Seller to provide an accurate sales tax rate to the Website, and to report sales revenue and income generated by the sale of products on DiscoveredArtists.com in compliance with tax law(s).
Order Fulfillment
When a sale is transacted on the Website it is “binding” and therefore, obligates you to fulfill the order. The only circumstance that would not obligate you to complete a transaction would be failure on the part of the Buyer to meet the terms and conditions of the sale or when you cannot confirm a Buyer’s identity (and therefore cannot contact the Buyer).
When you (Seller) receive a Purchase Order generated by the Website you are obligated to:
- Complete the transaction of the item at the price, terms, and conditions offered to the Buyer.
- Package and ship the item in accordance with DiscoveredArtists.com Order Fulfillment procedure.
If you, as a Seller fail to fulfill an order satisfactorily (in accordance with this Agreement) your failure to act may cause DTC to suspend or terminate your account without notice and without consideration. This does not limit DTC to any other remedies and does not limit cause for suspension or termination of your account to issues related to order fulfillment. Any suspect activity or information, fraudulent activity or failure on your part to comply with this Agreement that is brought forward by investigation, conviction, settlement, insurance, escrow investigation, or otherwise could result in suspension or termination of your account.
Further and without limiting other remedies available, your items may be immediately removed from the Website without notice, your membership may be suspended indefinitely or terminated permanently (without refunding any fees) if you:
- Breach this Agreement and/or breach the provisions in documents that are incorporated into this Agreement, and/or breach the Privacy Policy;
- Cannot be authenticated by your personal contact information;
- Engage in behavior that may cause financial loss or legal liability for you, DTC, or their directors, managers, members, agents, suppliers, employees, family members, affiliates or other users of the Website.
Intellectual Property
DTC will use your information solely to enable it to provide the Service. You agree to grant DTC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your Product(s).
Use of the Website
DTC grants you a limited license to access and make personal use of DiscoveredArtists.com. The trademarks, trade names, designs and all material contained on this Website, including all portions of the Website, content, site design, text, graphics, and all intellectual property rights, marketing ideas, strategies, and ideas thereto ("Website Content") are the sole and exclusive property of DTC or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of DTC is strictly prohibited. Any unauthorized use terminates the permission or license granted by DTC.
Hyperlinks
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DiscoveredArtists.com or to your Artist Home Page so long as the link does not portray DiscoveredArtists.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. DTC reserves the right to direct you to remove link(s) to DiscoveredArtists.com or any affiliate website at any time and for any reason.
Answering Suspected Copyright Violations. If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, you may register your complaint through the following link: http://www.DiscoveredArtists.com/artistsupport. In order for DTC to investigate and address your complaint, please provide us with all of the information requested.
Copyright Violations. If a clear infringement of copyright, trademark, patent, publicity rights or other right comes to the attention of DTC, we reserve the right to delete all infringing material from the Website and to suspend you (violator) from using the Services, even without receiving a complaint from the person whose rights have been infringed. Upon receiving notice of a potential copyright infringement, DTC may immediately delete or suspend access to the infringing material. We may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If DTC has deleted or suspended access to materials you posted on the Website because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Website, you must provide us with a written Response (your “Response”) within ten (10) days after receiving the notice from us. Each Response must contain the following:
- Your physical or electronic signature;
- Identification of the material that was deleted or made inaccessible;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
- Your name, address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.
A copy of your Response, including your name and address, will be sent to the person who complained about your posting. DTC will then decide, in its sole discretion, whether to re-display the deleted materials on the Website.
General Information
As a Buyer you are obligated to complete purchase of an item (transaction) using the e-commerce tools (shopping cart) on the Website. If you click “purchase” you are obligated to immediately pay for the item using one of the accepted payment methods and in compliance with policies and procedures stated in purchasing art. You also agree to the price, terms, and conditions of the sale as stated by the Seller in the item display.
Your legal compliance is required. By accepting this agreement you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability of the Agreement allows that if this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of the Agreement and documents it incorporates by reference shall remain in full force and effect.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship intended or created by this Agreement. You and DTC are independent contractors.
Third Party Links
Where DiscoveredArtists.com provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. DTC is not liable for any damages or injury arising from use of such sites
Service Integrity
DTC makes reasonable commercial efforts in compliance with usual practices to make its Services and Website available at all times. However, DTC is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
Right to Termination
These Terms of Service constitute a legally binding agreement between you and DTC until terminated by you or us, which we may do at any time, without notice, at our sole discretion. If you become dissatisfied with the Services or the Website in any way, your only recourse is to immediately discontinue use of the Services.
Governing Law
This Agreement is made and shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its choice of law principles.
Liability is limited
IN NO EVENT SHALL DISCOVERED TALENT COMPANIES, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUPPLIERS, EMPLOYEES, FAMILY MEMBERS, AFFILIATES (AS APPLICABLE) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
DISCOVERED TALENT COMPANIES LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUPPLIERS, EMPLOYEES, FAMILY MEMBERS, AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DTC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY DISCOVERED TALENT COMPANIES, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUPPLIERS, EMPLOYEES, FAMILY MEMBERS, AFFILIATES (AS APPLICABLE) AND HOLD HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCOPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Restricted Activities
Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Services on the Website shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other malicious computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for DTC or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Website; or (c) you do not have a right to link to or include.
Resolution of Dispute(s)
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). CLAIMS AND/ OR APPLICATION FOR PROCESSING OF A DISPUTE MAY BE FILED ONLINE AT WWW.ADR.ORG. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.
Indemnity
You agree to defend, indemnify and hold harmless DTC its directors, managers, members, agents, suppliers, employees, family members, and affiliates, from 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 any breach or violation by you of these Terms of Service, any use by you of the Website or any disputes or damages arising out of your use of or contracts formed with you through this Website.
Entire Agreement
These Terms of Service comprise the entire agreement between you and Discovered Talent Companies and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
Disclosures
The services hereunder are offered by Discovered Talent Companies, LLC, 409 S. Cumberland Ave., Park Ridge, IL 60068.