Terms of Use Agreement - THE ART MARKET

Before joining THE ART MARKET (TAM) by California Watercolor (CW), you must first agree to the Terms of Use. These Terms of Use will establish an agreement between you and CW. Please make sure to read this agreement, as your use of TAM is consent to these terms. If you do not agree to these terms, or any updated terms, you should stop using TAM.

    1. Registration: In order to use TAM you must first complete our registration process. TAM is a curated collection of artists and artwork so access to TAM must first be approved by CW. By registering with TAM you agree to provide accurate and up to date information. Please note: your registration information is for CW use only, and will be kept private. However any information you post publicly through TAM will be available to third parties.
    2. Your Content: TAM enables you to post artwork for sale with a description or commentary. You hereby acknowledge and agree that by using TAM this content will be viewed by the general public. You also agree to grant CW a royalty-free, worldwide license to distribute and transmit this content in any format (generally as a means of selling and promoting your artwork, but other uses may apply). This permission will be perpetual, and may not be revoked for any reason. CW also reserves the right to edit, or remove your content from TAM at any time. TAM is a curated collection of artwork, so content added to TAM must first be approved by CW. In addition, your products and content must:
      1. Be up to date and accurate at all times;
      2. Comply with all applicable laws;
      3. Be for sale, no sold items can be listed;
      4. Be published with a title, description, size, category (oil, acrylic, watercolor, pastel, gouache, etc.), quantity, framed or unframed, price, and shipping costs;
      5. Have an image that is clear, optimal images are 800 pixels wide. The main product image must fill the entire image area, but additional images can show your artwork on the wall, close up, etc.;
      6. Not have a watermark
      7. Not include a “.com”, or other web extension, phone number, or any of your contact information within the product description (your personal web address and info can be listed in your biography).
    3. Ownership: CW acknowledges that you retain ownership of any copyrights associated with your content, and by no means are you granting CW ownership of such copyrights. By posting your content on TAM, you warrant to CW that you alone have ownership rights, and you accept full responsibility for avoiding infringement of the intellectual property or personal property rights of others. While a member of TAM, you acknowledge that TAM, and its likeness, is the property of CW.
    4. Acceptable use of TAM: You agree that it is your sole responsibility to be aware of all products you list for sale on TAM. If you list or sell a product that does not abide by this agreement, CW, in its sole discretion, may remove your products from TAM, and immediately terminate your account. When using TAM you agree to use common standards of professional etiquette, and will represent CW and it’s public reputation to the best of your ability. You agree to use TAM in the way it was intended, as a means of displaying, and advertising your artwork to CW’s international audience. In addition, you must not:
      1. Promote or participate in illegal activity of any kind;
      2. Sell illegal, stolen, or counterfeit products;
      3. Sell products made of endangered or threatened species;
      4. Infringe on third party copyrights, patents, or trademarks;
      5. Use profanity, or symbols/signs that represent profanity;
      6. Promote or depict the glorification of hatred, violence, or bigotry.
    5. Termination: You can cancel your membership to TAM at any time. Please email ArtMarket@CaliforniaWatercolor.com with your written request for termination and we will remove you from TAM immediately, or you can simply disable the recurring payment option through your PayPal account. However, the artwork will not be saved, so if you decide to join TAM in the future you will be required to add your artwork again. In addition, CW maintains the right to suspend or terminate your use of TAM at any time and for any reason, without any notice or liability to you.
  2. Pricing
    1. You are free to determine the price for each product you sell on TAM, subject to the following:
      1. You ensure the purchase price for each product, and it’s promotions, is no more than the same or similar products sold on your own website, gallery, or any other marketplace where your products are sold.
      2. You must offer the same level of service and support as you would for any of your other sales channels.
      3. Any change in your product pricing must be updated in TAM within one business day.
  3. Payments, Transaction Fees, and Referral Fees
    1. CW’s Payment System: When you sell a product your customer’s payment will be remitted to CW through CW’s authorized payment gateway. CW will assume all risk of credit card fraud (i.e. fraudulent purchase arising from the theft or unauthorized use of a third party's credit card information) occurring in connection with any Orders.
    2. Payments: Once you sell a product on TAM,CW will transfer your commission payment to you via the PayPal account you provided during registration (which can be changed at any time). Your commission payment will be sent upon the “completion of sale”. The completion of sale occurs when your product arrives at the Customer's door, and in order to ensure the delivery of your product we ask you to send detailed tracking information to ArtMarket@CaliforniaWatercolor.com.  
    3. Referral Fee: CW shall have the right to deduct from such commission payments, as a referral fee to CW, an amount equal to 25% of the total sale amount of each product transaction processed through TAM. For the purposes of calculating the referral fee, the total sale amount shall exclude taxes and duties assessed in connection with the transaction.
    4. Membership Fee: There is a monthly membership fee for access to TAM. CW offers 2 recurring payment options: monthly, and yearly (the actual amounts are shown during registration), and a PayPal account is required. Your membership fee is a recurring payment, and will not go up over time. However, if you decide to cancel your membership, current membership rates will apply. Failing to make a scheduled membership fee payment will result in your termination from TAM.
    5. Other Deductions: In addition to the referral fee and the membership fee, CW reserves the right to deduct from the remittance of payments to the seller any amount needed to pay any unpaid refunds that are due by you. In such cases CW shall have the right to use the deducted amounts to pay for any liability you may have with CW under this agreement. CW can use these deducted amounts to offset such liability, including chargebacks and taxes paid by CW, but which you are responsible for under this agreement. Ultimately CW has the right to refund the customer for any reason under this agreement.
    6. Payment Disputes: You have 60 days after the date you receive your commission payment to file a dispute with CW. Please email ArtMarket@CaliforniaWatercolor.com for help with any payment disputes.
    7. Taxes and Fees: You are responsible for all sales, goods and services, use, excise, import, export, value added, or any other taxes associated with sales you process through TAM. You are also responsible for the payment of such taxes to the correct taxing authority. CW is not responsible for collecting taxes associated with your orders. Please note: for TAM members residing within California, CW will calculate sales taxes associated with your orders based on your physical address (i.e. where the order is being shipped from). CW will remit these taxes to you with your commission payment. You will be responsible for paying taxes associated with your commission payment, and CW will be responsible for taxes associated with its referral fee. You acknowledge that CW has not provided you with any legal or tax advice.
  4. Order Processing/Fulfillment/Shipping
    1. Inventory: You are required to keep all of your products up to date at all times.
    2. Fulfillment: You must accept and fulfill all orders in a timely manner, and you are responsible for storing, fulfilling, and delivering your product to the customer, and you must include a packing slip with each order shipped.
    3. Shipping: Upon shipment, promptly send proof of shipment and tracking information to ArtMarket@CaliforniaWatercolor.com. Products must be delivered to customers without damage or undue delay. You must ensure that products are packed professionally for safe transit across the US.
  5. Product Returns, Damaged Goods, and Disputes
    1. You will be responsible for handling all product returns and refunds. Orders may be returned to you at your discretion. Once you have refunded the customer in full, CW will remit its referral fee back to you.
    2. You are responsible for resolving product disputes in a timely manner. You explicitly acknowledge and agree that any assistance or support offered by CW in connection with a customer complaint does not relieve you from your responsibility to solve the customers dispute.
  6. Miscellaneous
    1. Disclaimers: CW is providing you TAM on an “as is” and “as available” basis. CW is not responsible for any costs related to uninterrupted or error-free service. CW is not liable for the content posted by members of TAM, or any third-party partners. You agree that under the maximum extent permitted by law, CW will not be held liable for any direct or indirect loss of profits, products, data, or damages of any kind. CW will not be held liable for any delay or failure to perform your obligations under this agreement. Your use of TAM, it’s products, information, and services is at your sole risk.
    2. Supplemental Terms: Some services offered by TAM may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, featured artwork in newsletters and on CW’s homepage, selling art prints, etc. In regards to any dispute between this agreement and a separate/additional agreement, the terms on the separate agreement will control.
    3. Changes:CW reserves the right, at any time, to change the terms and conditions of this agreement, and discontinue or make changes to TAM and its functionality/look. If there is an update to this agreement CW will send you an email notification. If you do not agree with the updated terms and conditions of this agreement you should stop using TAM within 60 days of the notification date. The Terms of Use agreement can be found under “Resources” on your seller dashboard.
    4. Controlling Law:This agreement will be interpreted in accordance with the laws of the State of California and the United States of America.
    5. Notice for California Users: Under California Civil Code Section 1789.3, California users of TAM are entitled to the following specific consumer rights notice: These services are provided by California Watercolor, 560 C Industrial Way, Fallbrook, CA 92028. If you have a question or complaint regarding the service, please contact CW at ArtMarket@CaliforniaWatercolor.com or by sending a letter to the address above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
    6. Agreement:The parties in this agreement are independent contractors, with no partnership, or employment whatsoever. This agreement supersedes all prior terms, agreements, discussions, and writings.

THE ART MARKET is operated by:

California Watercolor

560 C Industrial Way

Fallbrook, CA 92028


Last modified (1.19.2018)