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Terms of service

LAST UPDATED 02/10/25

OVERVIEW

This website is operated by Artisans Cooperative Group, an Oregon cooperative corporation (“Artisans Co-op”). Throughout the site, the terms “we,” “us,” and “our” refer to Artisans Co-op. Artisans Co-op offers this website https://artisans.coop (“Website”), including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website, or using any of the services offered by the Website, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.


The Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide the Services to you.

SECTION 1 LEGAL AGREEMENT

These Terms of Service constitute a binding and enforceable legal contract between Artisans Cooperative Group (“Artisans Co-op,” “us,” or “we”) and you in relation to the use of the Website and our Services—so please read them carefully.


You may visit and/or use the Website and/or our Services only if you fully agree to the Terms of Service—and by using and/or registering with the Website, you signify and affirm your informed consent to these Terms of Service and any other terms and conditions applicable to your use of the Website. If you do not read, do not fully understand, or if you do not agree to the Terms of Service, you must immediately leave the Website and avoid or discontinue all use of the Website and Services offered on it. By using our Services, you also acknowledge that you have read our Privacy Policy available at https://artisans.coop/policies/privacy-policy.

SECTION 2 Artisan Shops

A User who wishes to sell via the Website may apply to become an artisan. Applicants who are approved are known as “Artisans” and will be granted the ability to set up a personalized shop within the Artisans Co-op marketplace (an “Artisan Shop”). The Artisan may then choose to list goods for sale (“Artisan Products”).


2.1. Access to Artisan Shops; Roles and Permissions

You may invite others to your Artisan Shop and assign them certain roles and permissions to perform certain activities within your Artisan Shop.


A person granted permission to perform activities on an Artisan Shop that such person does not own is referred to herein as a “Delegate.”


If anyone other than yourself (including Delegates) accesses your Artisan Shop and/or any of your Artisan Shop settings, they may also (and if done by a Delegate, depending on the roles and permissions you assign them) perform actions available to you (unless as specifically stated otherwise), make changes to your Artisan Shop, accept any legal terms available therein, make various representations and warranties, and more—and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the Artisan Shop, whether or not specifically authorized by you.


Therefore, we strongly encourage you to (i) keep the log-in credentials of your Artisan Shop confidential and secure, and (ii) allow access to your Artisan Shop only to people you trust—as you will be solely and fully responsible for all activities that occur under your Artisan Shop (including for any representations, warranties, and undertakings made therein and including by any Delegate), and for any damages, expenses, or losses that may result from such activities.


You must provide accurate and complete information when registering your Artisan Shop. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Artisan Shop (as defined below) submitted to us.


2.3. Artisan Shop Ownership

For each Artisan Shop, Artisans Co-op will consider the owner of such Artisan Shop to be the person or entity whose email address is listed in Artisans Co-op’s records as the owner of the Artisan Shop under which the Artisan Shop was created. 


In case of a dispute on Artisan Shop ownership, we reserve the right to determine ownership of an Artisan Shop based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend an Artisan Shop until the parties disputing such ownership reach a resolution, without Artisans Co-op having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.


2.4 Artisan Acknowledgements and Warranties

By establishing an Artisan Shop, you acknowledge, warrant, and agree that:

  1. you are solely responsible for your Artisan Products and related activities, and any promotions and related Content contained or referred to in your Artisan Shop, and compliance with any laws applicable thereto. 
  2. you are responsible for and bear all costs of procuring and delivering your Artisan Products, and for providing them in a safe and professional manner, consistent with industry standards;
  3. you are solely responsible for any and all statements and promises you make and for all assistance, warranty, and support regarding the Artisan Products, and shall provide true contact information on your Artisan Shop for any questions, complaints, or claims; 
  4. you may not offer or sell any Artisan Products, or provide any information, Content, or material regarding Artisan Products, that may be deemed hazardous, counterfeit, stolen, fraudulent, offensive, or abusive; that are prohibited for sale, distribution or use; or that otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance, and export; and
  5. Artisans Co-op may, at any time and at its sole discretion, suspend, disable access to, or remove your Artisan Shop and/or any Artisan Products—whether or not incorporated, published with, or made a part of your Artisan Shop at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.


2.5 Privacy and Protecting Personal Information

You are responsible for protecting End Users’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use End User information. These laws may require that you post and comply with your own privacy policy, which must be accessible to End Users with whom you interact. Your privacy policy must be compatible with these Terms of Service and our Privacy Policy.

In particular, when you sell using our Services (subject to these Terms of Service), you may receive and determine what to do with certain personal information, such as when communicating with End Users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is, someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process End User personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such End Users for data access, portability, correction, deletion, and objections to processing. 

Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Artisan Co-op-related communications or for Artisan Co-op-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Artisan Co-op policies and laws, you may not add any End User to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance. If Artisans Co-op and you are found to be joint data controllers of personal information, and if Artisans Co-op is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify, defend and hold Artisans Co-op (and its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors) harmless against any claims, costs, losses, damages, liabilities, judgements and expenses (including reasonable attorney fees) in connection with your processing of buyer personal information.

SECTION 3 YOUR OBLIGATIONS


3.1. You represent and warrant that:

  1. you are at least 18 years of age and possess the legal authority, right, and freedom to enter into the Terms of Service and to form a binding agreement, for yourself or on behalf of the person or entity committed by you, to the Terms of Service;
  2. when you use our Services that you are in a permitted jurisdiction;
  3. you are not ordinarily resident of, and will not use or distribute the Services in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the E.U., the U.K., or other, and that you are not owned 50% or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”). You further confirm that you will not use or distribute the Services directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify Artisans Co-op against any and all losses, including without limitation monetary penalties and legal fees, that Artisans Co-op may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.
  4. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  5. you understand that Artisans Co-op does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;


And specifically regarding your User Content:

  1. you confirm you own all rights in and to any content uploaded, developed, or provided by you, or imported, connected, copied, or uploaded by Services utilized for you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works, and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer, or license such User Content, by you and us or any of our affiliates;
  2. you must own all rights in any content you upload or publish or that we access, import, and/or upload for you via our services, ensure that such content is legal and reliable, and ensure that anything you do with it (or enable Artisans Co-op or your end users to do with it) is legal;
  3. you have (and will maintain) the full power, title, licenses, consents, and authority to allow the Services to access any websites, web pages, and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or otherwise using your User Content.
  4. the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display, or otherwise use, in the country in which you or your Artisan Shop’s visitors and users (“End Users”) reside, or for Artisans Co-op and/or your End Users to access, import, export, copy, upload, publish, post, store, use, or possess in connection with the Services;
  5. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property that is part of the User Content, and you will adhere to all laws applicable thereto.


3.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms that govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the Artisans Co-op Services which occur under your Artisan Shop (if applicable) and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using, or publishing such User Content on or with respect to the Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you, including with respect to End Users, Artisan Products, and any applications features, services, and/or Third-Party Services used, connected, presented, or developed by you;
  4. receive from time to time promotional messages and materials from Artisans Co-op or its partners, by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text messages). See our Privacy Policy for more information;
  5. allow Artisans Co-op to use in perpetuity, worldwide and free of charge, any version of your Artisan Shop for any of Artisans Co-op’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Artisans Co-op or anyone on its behalf relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Artisan Shop with respect to such limited permitted uses;
  6. Artisans Co-op’s sole discretion as to the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication, and/or display of any Artisan Shops and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto);
  7. Artisans Co-op’s right to offer the Services in alternative price plans and impose different restrictions for the upload, storage, download, and use of the Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.


3.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the Website, the Services (or any part thereof), any Content offered by Artisans Co-op or Third-Party Services for use and display within Artisan Shops (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit, or distribute any of the foregoing without Artisans Co-op’s prior written and specific consent and/or as expressly permitted under the Terms of Service;
  2. submit, transmit, or display any User Content, or use Licensed Content in a context  that may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Artisans Co-op or any third party (including any intellectual property rights, privacy rights, contractual rights, or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services;
  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including with the PCI DSS standard when applicable; 
  5. upload, insert, collect or otherwise make available within the Website or the Services (or any part thereof), any malicious, unlawful, defamatory, or obscene Content;
  6. publish and/or make any use of the Services or Licensed Content on any website, media, network, or system other than those provided by Artisans Co-op, and/or frame, “deep link,” “page scrape,” mirror, and/or create a browser or border environment around any of the Services, Licensed Content, and/or Artisan Shop (or any part thereof), except as expressly permitted by Artisans Co-op, in advance and in writing;
  7. use any “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Services;
  8. act in a manner that might be perceived as damaging to Artisans Co-op’s reputation and goodwill or which may bring Artisans Co-op into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Artisans Co-op or Artisans Co-op’s Marks and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the Services and/or Artisan Shop, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Artisans Co-op and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Artisans Co-op or any third party endorses you, your Artisan Shop, your business, your Artisan Products, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or your Artisan Shop without their express and informed consent;
  13. disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Services, Artisan Shops, the account of another User(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the Services or any network connected to the Services;
  15. upload to the Services and/or an Artisan Shop or otherwise use them to design, develop, distribute, and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Artisans Co-op’s systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use any of the Services and/or your Artisan Shop in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or similar conduct, or otherwise engage in unethical marketing or advertising;
  18. utilize any of the Services for storage and/or video streaming purposes (whether for main streaming purposes or not)–for example creating and operating product listings whose purpose is video streaming or main purpose is file storage, and including indirect utilization, through integration or connection with third-party platforms or services;
  19. access to Services, Artisan Shops, Licensed Content, and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces;
  20. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by the Terms of Service;
  21. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content; 
  22. violate, attempt to violate, or otherwise fail to comply with any of the Terms or any laws or requirements applicable to your use of the Services;
  23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;
  24. open accounts or list products that are out of compliance with Artisans Co-op policies (which are accessible at: https://artisans.coop/pages/policies-and-plans), including most particularly the Handmade Policy:

(a) Artisans Co-op reserves the unilateral right to terminate or suspend any Artisan Shop or ban anyone using the Services if they represent that a product is Handmade, when, in fact, it is not, as determined by Artisans Co-op’s Handmade Policy in its sole determination. The Handmade Policy can be reviewed at: https://blog.artisans.coop/blog/presenting-our-handmade-policy/ 

(1) If Artisans Co-op suspends or terminates your Artisan Shop or denies you access to the Services for representing that a product is Handmade, you can submit evidence to Artisans Co-op to show that the product was made by hand.

(i) Artisans Co-op has no obligation to review this evidence at all, but retains the discretion to reinstate any suspected or terminated Artisan Shop or user access to the Services if it wishes after reviewing evidence submitted by you.


You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Artisan Shop and/or any Services provided to you—with or without further notice to you, and without any refund of amounts paid on account of any such Services.

SECTION 4 CONTENT AND OWNERSHIP

4.1. Your Intellectual Property

As between Artisans Co-op and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to the Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works. Artisans Co-op does not claim ownership rights on your User Content or the content you connected to the Services. You know and agree that in order to provide the Services to you and to maintain, improve, and market the Services (the “Purpose”) we will need to access, upload, and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

4.2. Artisans Co-op’s Intellectual Property

All rights, title, and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Artisans Co-op.


Subject to your full compliance with the Terms of Service and timely payment of all applicable Fees, Artisans Co-op hereby grants you, upon creating your Artisan Shop and for as long as Artisans Co-op wishes to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of generating and displaying your Artisan Shop to End Users and offering your Artisan Products, solely as expressly permitted under the Terms of Service, and solely within the Services.


The Artisans Co-op Terms do not convey any right or interest in or to Artisans Co-op’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms of Service constitutes an assignment or waiver of Artisans Co-op’s Intellectual Property rights under any law.

4.3. Feedback and Suggestions

If you provide us with any suggestions, comments, or other feedback relating to the Services (whether existing, suggested, or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Artisans Co-op. By providing such Feedback to Artisans Co-op, you acknowledge and agree that it may be used by Artisans Co-op in order to: (i) further develop, customize, and improve the Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Artisans Co-op may use to provide and improve its services, (vi) to enhance Artisans Co-op data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Artisans Co-op any right, title, and interest you may have in such Feedback, and (3) explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

SECTION 5 PRIVACY

Certain parts of the Services require or involve the submission, collection, and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Services, Artisans Co-op and such Third-Party Services may collect, access, and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Services and/or Artisan Shops. We encourage you to read our Privacy Policy and each such Third-Party Service’s relevant policies on a regular basis, for a description of such data collection and use practices: https://artisans.coop/policies/privacy-policy 

SECTION 6 SERVICE FEES

The use of certain Services may be subject to payment of particular fees, as determined by Artisans Co-op in its sole discretion (“Paid Services” and “Fee(s),” respectively).


  1. Artisans Co-op will notify you of the Fees then in effect. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance.
  2. Artisans Co-op reserves the right to change its Fees at any time in its sole discretion. Artisans Co-op will send a notice regarding the change to you if such a change will affect your existing Paid Services.
  3. If you received a discount or other promotional offer from Artisans Co-op, Artisans Co-op shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such Artisans Co-op Service(s) at the full then-current applicable Fee.
  4. All Fees paid directly to Artisans Co-op shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Artisans Co-op. To the extent permitted by law (and unless specified otherwise by Artisans Co-op in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Artisans Co-op Services, or to any payments or purchases made by you. If Artisans Co-op is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Artisans Co-op is not responsible for any such additional fees or costs.
  5. If you purchase Paid Services directly from Artisans Co-op, then as part of registering or submitting information to receive Paid Services, you also authorize Artisans Co-op (either directly or through its affiliates, subsidiaries, other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Artisans Co-op or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

SECTION 6 AUTO RENEWALS

  1. In order to ensure that you do not experience any interruption or loss of Services, certain Paid Services may include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by Artisans Co-op), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. 
  2. Accordingly, where applicable and as for Fees paid directly to Artisans Co-op, Artisans Co-op will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Artisan Shop, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Artisans Co-op will endeavor to provide you a notice prior to the renewal of such Paid Service at least 30 days in advance of the renewal date.
  3. By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
  4. You may turn off the auto-renewal option for Renewing Paid Services at any time via your Artisan Shop or by emailing hi@artisans.coop
  5. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Artisans Co-op Services you use (whether or not such Artisans Co-op Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Artisans Co-op Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Artisans Co-op Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Artisans Co-op in relation to the discontinuation of any Artisans Co-op Services or Third-Party Services, for whatever reason.

SECTION 8 CANCELLATION BY ARTISANS CO-OP 


Failure to comply with any of the Terms of Service and/or to pay any due Fee shall entitle Artisans Co-op, among other things, to suspend (until full payment is made) or cancel your Artisan Shop (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) or Third-Party Services to you. 

SECTION 9 LOSS OF DATA, CONTENT, CAPACITY


If any Services related to your Artisan Shop are canceled (whether at your request or at Artisans Co-op’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Artisan Shop, including any User Content, End User data, or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Artisans Co-op shall not be liable in any way for such Capacity Loss, or for saving a backup of your Artisan Shop, User Content, or End User data. Please also note that additional Fees may apply to re-activation of an Artisan Shop and/or any Artisans Co-op Services following their cancellation, as determined by Artisans Co-op in its sole discretion.


Following the termination of your Artisan Shop, Artisans Co-op reserves the right to delete all data in the normal course of operation. 

SECTION 10 E-COMMERCE - INTENTIONALLY DELETED

SECTION 11 MISCONDUCT AND ABUSE

11.1.

When using Artisans Co-op’s Services, you may be exposed to User Content from a variety of sources, which may be inaccurate, offensive, objectionable, or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Artisans Co-op with respect thereto.


If you believe a User acted inappropriately or otherwise misused any of the Artisans Co-op Services, please immediately report such User to us. You agree that your report shall not impose any responsibility or liability upon Artisans Co-op, and that Artisans Co-op may consider such report and act upon it, refrain from taking any such action, or require additional information or documents before doing so, at its sole discretion.

11.2. Copyrights

Artisans Co-op acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Artisans Co-op to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.


Artisans Co-op’s Copyright Agent can be reached at the following address:


Artisans Co-op

45 82nd Drive, Suite 51
Gladstone OR 97027

Attn: Copyright Agent

Telephone Number: 503-610-COOP [2667]

E-mail: hi@artisans.coop


In the event that Artisans Co-op receives notice regarding a copyright infringement related to your Artisan Shop, it may cancel your Artisan Shop, take your Artisan Shop down, or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number, and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. 


Although Artisans Co-op endeavors to give impacted artisans notice and an attempt to respond to DMCA complaints, any notices filed pursuant to this section may be deemed accepted, applicable, and compliant with the DMCA, or not, at Artisans Co-op’s sole reasonable discretion. Artisans Co-op reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

SECTION 12 DISCLAIMER OF WARRANTIES


We provide the Artisans Co-op Services on an “As Is,” “with all faults,” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Artisans Co-op Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software, or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs, or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third-Party Services) mentioned on or made available via the Artisans Co-op Services – so please be sure to verify those before using or otherwise engaging them.


Artisans Co-op may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any Artisan Shop and/or User Content, at any time and for any reason, with or without notice.


Notwithstanding anything to the contrary in the foregoing, in no circumstances may Artisans Co-op be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published, and/or made available by any User or any other party on and/or through the Artisans Co-op Services, for any use by any party, or for any loss, deletion, or damage thereto or thereof, or any loss, damage, cost, or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing, and/or relying on any User Content. Furthermore, Artisans Co-op shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing User Content you or any other party may encounter.


You acknowledge that there are risks in using the Artisans Co-op’s Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Artisans Co-op Services, and that Artisans Co-op cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities, and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.


Artisans Co-op prohibits you from using the Services to host personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.


Please note that certain Artisans Co-op’s Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain Artisans Co-op Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the Artisans Co-op Services at this BETA stage signifies your agreement to the above and to participate in such Artisans Co-op Services’ BETA testing.

SECTION 13 LIMITATION OF LIABILITY


To the fullest extent permitted by law in each applicable jurisdiction, Artisans Co-op, its officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Artisans Co-op Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Artisans Co-op Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Artisans Co-op Services; (6) events beyond the reasonable control of Artisans Co-op, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals, or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Artisans Co-op Services.


You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Artisans Co-op’s services to you, and such limitations will apply even if Artisans Co-op has been advised of the possibility of such liabilities.

SECTION 14 INDEMNITY


You agree to defend, indemnify, and hold harmless Artisans Co-op, its officers, directors, shareholders, employees, affiliates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Service or any other Artisans Co-op Terms; (2) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your Artisan Shop or User Content and/or your use of the Artisans Co-op Services, including, without limitation, Artisans Co-op Services’ actions for your benefit; and/or (3) any other type of claim that your Artisan Shop and/or User Content caused damage to a third party.


SECTION 15 GENERAL

15.1. Changes & Updates

Artisans Co-op reserves the right to change, suspend, or terminate any of the Artisans Co-op Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Artisans Co-op Services (including removal of any materials created by you in connection with the Artisans Co-op Services) for any reason and/or change any of the Artisans Co-op Terms with or without prior notice - at any time and in any manner.


You agree that Artisans Co-op will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Artisans Co-op Services (or materials, content, or services created, developed, or connected by you in connection with the Artisans Co-op Services).


If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your Artisan Shop (as further explained above), continue to support your then-current Artisans Co-op Services without enabling such changes, or provide you with alternative Services.


15.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that Artisans Co-op shall have the right to enforce these Terms of Service against you.


The Artisans Co-op Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Artisans Co-op Services, their interpretation, or the breach, termination, or validity thereof, the relationships which result from or pursuant to the Artisans Co-op Terms, or any related transaction or purchase, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the laws of the State of Oregon, without respect to its conflict of laws principles.


Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the State of Oregon, under the laws of the State of Oregon. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.


Subject to any applicable law, all disputes between you and Artisans Co-op shall only be resolved on an individual basis and you shall not have the right to bring any claim against Artisans Co-op as a plaintiff or a member of a class, consolidated, or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others). 


15.3. Notices

We may provide you with notices by any of the following methods: (1) via the Artisans Co-op Services, including by a banner or pop-up within the Artisans Co-op Website, Artisan Shop, or elsewhere; (2) by an email, sent to the e-mail address you provided us; (3) through any other means, including any phone number or physical address you provided us. Artisans Co-op’s notice to you will be deemed received and effective within 24 hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

15.4. Relationship

The Artisans Co-op Terms, and your use of the Artisans Co-op Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Artisans Co-op and you.

15.5. Entire Agreement

These Terms of Service, together with the Artisans Co-op Terms and any other legal or fee notices provided to you by Artisans Co-op, shall constitute the entire agreement between you and Artisans Co-op concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or oral, between Artisans Co-op and you, including those made by or between any of our respective representatives, with respect to any of the Artisans Co-op Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Artisans Co-op in entering into any of the Artisans Co-op Terms.

15.6. Assignment

Artisans Co-op may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Artisans Co-op Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Artisans Co-op. Any attempted or actual assignment thereof without Artisans Co-op’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎shall not in itself grant either Artisans Co-op or you the right to cancel any Artisans Co-op Services or Third-Party Services then in effect.

15.7. Severability & Waivers

If any provision of the Artisans Co-op Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Artisans Co-op Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

SECTION 16 REFUNDS


Please see our Refund Policy: https://artisans.coop/policies/refund-policy 

SECTION 17 CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at hi@artisans.coop.