ArtCrowd Terms and Conditions (Agreement) determine your use of ArtCrowd services at http://www.ArtCrowd.com (the Site).
In order to become a User of the Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and ArtCrowd’s Policies (the “Policies”), including the ArtCrowd Privacy Policy
Policies change from time to time, and you agree that they form part of this Agreement. Each time you use ArtCrowd services you confirm your agreement to be bound by, and acknowledge any changes to, the Agreement (including the Policies). You also agree to familiarize yourself with and comply with the Policies relevant to your use of the Site and the services provided under this Agreement (as may be amended from time to time). You should access and read the information contained in other pages and websites referred to in this Agreement. By accepting this Agreement (including the Policies) you agree to be bound by it and to the User Agreements and posted terms and conditions on other websites operated by ArtCrowd. From time to time ArtCrowd may amend the terms and conditions of this Agreement. Amendments will be published on the ArtCrowd Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amendments will be effective immediately. Continued use of ArtCrowd services following the publication of any changes to the Terms and Conditions constitutes acceptance of those changes. You must terminate your membership with ArtCrowd if you do not agree with such changes to this Agreement (or any ArtCrowd Policies). If you continue to be a member of the ArtCrowd Site after any such changes to this Agreement or any ArtCrowd Policies, you will be considered to have accepted the amended terms as part of the Agreement. The terms of this Agreement and any of the ArtCrowd Policies cannot be amended, except as specifically described in or authorized by this Agreement, and only then in writing authorized by you and ArtCrowd. In this Agreement a reference to “you” includes anyone acting on your behalf or with your express or implied authority. Any reference to this Agreement includes ArtCrowd’s Policies, unless stated otherwise.
ArtCrowd is an online community crowdfunding platform and acts as a venue to allow members who comply with ArtCrowd Policies to raise funds for their projects. ArtCrowd allows individuals, groups and organizations (“Campaign Creators”) to list campaigns and raise funds through experiences, donations, and/or services (“Rewards”) to new and existing ArtCrowd members (“Campaign Supporters”). ArtCrowd is not directly involved in the transaction between Campaign Creators and Campaign Supporters. ArtCrowd has no control over the quality, safety, morality or legality of any aspect of Campaigns or Rewards listed, the truth or accuracy of the listings, the ability of Campaign Creator to complete the Campaign or Rewards, or the ability of a Campaign Supporter to actually pay promised monies. ArtCrowd cannot ensure that a Campaign Supporter or a Campaign Creator will actually complete a transaction. Consequently, ArtCrowd does not transfer legal ownership of Rewards from the Campaign Supporter to the Campaign Creator. ArtCrowd cannot guarantee the true identity, age, and nationality of a member. ArtCrowd recommend that you check the member’s bio and history on the Site for background information and do your own research before providing funds. ArtCrowd is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on ArtCrowd. You agree that use of ArtCrowd services is at your own risk.
All funds are collected and managed for the Campaign Creator by Stripe. When a Campaign is created Stripe verifies the Campaign Creator and obtains their bank details. Stripe transfers the “Net Funds” due directly to the Campaign Creator. The “Net Funds” are the amounts raised during a Campaign less the Stripe Fees and ArtCrowd Fees and are paid to the Campaign Creator after the Campaign has completed. ArtCrowd obtain their fee directly from Stripe. ArtCrowd shall not be liable for the interactions with any organizations and/or individuals found on or through the ArtCrowd service. All queries regarding funds pledged should be referred to the campaign creator at first instance and if the issue is not resolved, then to Stripe. ArtCrowd is not involved in the development of Campaigns. It is the responsibility of the Campaign Creator to fulfill the promises of their Campaign. ArtCrowd reviews Campaigns to ensure they do not violate ArtCrowd Terms and Conditions, however does not investigate a Campaign Creator’s ability to complete their Campaign. ArtCrowd cannot be held liable for the actions of a Campaign Creator. Campaign Creators are wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create. ArtCrowd does not oversee the performance or punctuality of Campaigns. ArtCrowd reserves the right to remove a Campaign listing from public listings for any reason. All dealings on ArtCrowd are solely between you and such individuals and/or organizations. ArtCrowd is not responsible for any damage or loss incurred as a result of any dealings on the ArtCrowd platform and is under no obligation to become involved in disputes between Campaign Supporters and Campaign Creators, or between site members and any third party. In the event of a dispute, you agree that you release ArtCrowd employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and ArtCrowd service. ArtCrowd cannot guarantee the performance or reliability of the Stripe online payment services. ArtCrowd cannot guarantee the full receipt of promised funds to a Campaign due to occasional failures when capturing funds from debit and credit cards. Campaign Creators and Campaign Supporters agree to be bound by and comply with the Stripe Terms of Service https://stripe.com/us/lega
By listing Campaign Rewards on the Site you warrant that you and all aspects of the Reward comply with the ArtCrowd published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Campaign description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experience/s on offer. If the “Available” quantity is more than one or unlimited, all items and/or experiences listed in that Rewards tier must be identical. Each unique Reward must have its own listing as a new Reward. All Campaign Creators are urged to outline terms of sale for their ArtCrowd Campaign. These terms of sale may include, for example, shipping, returns, payment and selling terms. Campaign Creators must create reasonable terms in good faith and must abide by such terms. All campaign terms must comply with ArtCrowd site-wide policies. Campaign Creators are responsible for enforcing their own reasonable campaign terms. ArtCrowd reserves the right to request that a Campaign Creator modify their terms and conditions. All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Campaign Supporter, unless there is an exceptional circumstance, such as: (a) the Campaign Supporter fails to meet the terms of the Campaign Creator’s listing (such as payment method), or (b) the Campaign Creator cannot authenticate the Campaign Supporter’s identity. The Campaign Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance. ArtCrowd reserves the right to restrict members sponsoring ArtCrowd Campaigns or revise the limitations on contributing to ArtCrowd Campaigns, at any time and for any reason. ArtCrowd may also further restrict your ability to sponsor Campaigns depending on your country of residence.
You agree that you are solely responsible for your conduct and activities on, and regarding, ArtCrowd and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on ArtCrowd. Your Content and your use of ArtCrowd shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policies, any community guidelines, any Campaign guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including ArtCrowd staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Modify, adapt or hack ArtCrowd or modify another website so as to falsely imply that it is associated with ArtCrowd;
Appear to create liability for ArtCrowd or cause ArtCrowd to lose (in whole or in part) the services of ArtCrowd’s ISPs or other suppliers
Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on ArtCrowd
Furthermore, you may not list any item on ArtCrowd (or consummate any transaction that was initiated using the ArtCrowd service) that, by paying to ArtCrowd the listing fee or the final value fee, could cause ArtCrowd to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use
Registration and Campaign Contribution Fees
Registering as a ArtCrowd member and setting up a Campaign on ArtCrowd is free. ArtCrowd charges Campaign Creators a service fee on total funds received. Campaign Supporters are not charged any service or transaction fees.
ArtCrowd will deduct a 5% standard fee from the funds raised through a Campaign on the ArtCrowd Site.
Stripe Fees
Stripe will deduct credit/debit card fees from funds paid to a Campaign Creator at their published rate. Fees may vary depending upon the location of your Stripe account and whether pledges are made using a domestic or international debit/credit card. For more information on fees, see your country’s Stripe pricing fees. https://stripe.com