By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please CONTACT US.
1. Illustrator Stuff is a Venue
Illustrator Stuff acts as a venue to allow users who comply with Illustrator Stuff's policies to offer, sell, buy, and license certain creative works (“Goods”) within a fixed-price format. Illustrator Stuff is not directly involved in the transaction between buyers and sellers. As a result, Illustrator Stuff has no control over the quality, safety, morality or legality of any aspect of the Goods listed, the truth or accuracy of the listings, the ability of sellers to sell Goods or the ability of buyers to pay for Goods. Illustrator Stuff does not pre-screen users (except for services that require an application) or the content or information provided by users.
Consequently, Illustrator Stuff does not transfer legal ownership of Goods from the seller to the buyer.
Illustrator Stuff cannot guarantee the true identity, age, and nationality of a user. Illustrator Stuff encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Illustrator Stuff is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, Goods, and links posted by you, other users, or outside parties on Illustrator Stuff. You use the Illustrator Stuff service at your own risk.
Age: Illustrator Stuff's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Illustrator Stuff may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Illustrator Stuff's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Illustrator Stuff's policies as stated in the Agreement and the various Illustrator Stuff policy documents, policies and procedures that may be published from time to time on the Site by Illustrator Stuff, each of which is incorporated herein by reference and each of which may be updated by Illustrator Stuff from time to time without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Illustrator Stuff of any unauthorized use of your password or any breach of security. You also agree that Illustrator Stuff cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Illustrator Stuff without Illustrator Stuff's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell or license Goods on Illustrator Stuff you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Illustrator Stuff account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Illustrator Stuff's services are not available to temporarily or indefinitely suspended Illustrator Stuff members. Illustrator Stuff reserves the right, in Illustrator Stuff's sole discretion, to cancel unconfirmed or inactive accounts. Illustrator Stuff reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up an account on Illustrator Stuff is free. Illustrator Stuff charges a percentage of the sale price when the Goods sell. Illustrator Stuff's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Illustrator Stuff's services are effective after Illustrator Stuff provides you with at least fourteen (14) days' notice by posting the changes on the Site. In certain situations, including but not limited to a void or invalid transaction, Illustrator Stuff may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using Illustrator Stuff. Following the closing of a sales transaction on the Site, Illustrator Stuff deducts a service fee from amounts received and provides for payouts to sellers either: (1) once a month on the second Friday of a month with a minimum payout of $30.00; or (2), a full payout at any time - upon our receipt of a written request from the seller.
Fees and Termination: If Illustrator Stuff terminates a listing or your account, if you close your account, or if the payment of your Illustrator Stuff fees cannot be completed for any reason, you remain obligated to pay Illustrator Stuff for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Illustrator Stuff.
4. Listing and Selling
Listing Description: All listings on Illustrator Stuff must be for sale or available for zero cost via coupon, promotion, or data exchange such as email collection or social media promotion. By listing Goods on the Site you warrant that you and all aspects of the Goods comply with Illustrator Stuff's published policies. You also warrant that you may legally sell or offer the Goods. You must accurately describe your Goods and all terms of sale in your Illustrator Stuff account. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that Goods. All Goods must be listed in an appropriate category with appropriate tags and nomenclature, which will be determined in Illustrator Stuff’s sole discretion. Each listing must accurately and completely describe the Goods for sale in that listing.
Binding Sale: Sellers are responsible for accurately listing their Goods, and buyers are responsible for reading the description of Goods before making a purchase. All sales are binding. The buyer is obligated to deliver appropriate payment for Goods purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each listing description of Goods must be an accurate representation of the sale. If applicable, Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the Goods. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the Goods' price after a sale for the purpose of avoiding Illustrator Stuff transaction fees, misrepresent the Goods' location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Goods and Activities
You are solely responsible for your conduct and activities on, and regarding Illustrator Stuff and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, Goods, and links (together, "Content") that you submit, post, and display on Illustrator Stuff.
Restricted Activities: Your Content and your use of Illustrator Stuff shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen goods
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violate this Agreement, any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Illustrator Stuff 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
6. Interfere with a seller’s business
7. Take any action that may undermine online reviews or feedback
8. Be obscene or contain child pornography
9. 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 by means of malicious scripts, malware or tracking services
10. Provide, use or host images not part of a listing, or that mislead or confuse
11. Modify, adapt or hack Illustrator Stuff or modify another website so as to falsely imply that it is associated with Illustrator Stuff
12. Appear to create liability for Illustrator Stuff or cause Illustrator Stuff to lose (in whole or in part) the services of Illustrator Stuff's ISPs or other suppliers
13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on Illustrator Stuff.
Re-Posting Content: By posting Content on Illustrator Stuff, it is possible for an outside website or a third party to re-post that Content. You agree to hold Illustrator Stuff harmless for any dispute concerning this use. If you choose to display your own Illustrator Stuff-hosted image on another website, the image must provide a link back to its listing page on Illustrator Stuff.
7. Information Control
Illustrator Stuff does not control the Content provided by users that is made available on Illustrator Stuff. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using Illustrator Stuff, you agree to accept such risks and that Illustrator Stuff (and Illustrator Stuff's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Illustrator Stuff. Please use caution, common sense, and practice safe buying and selling when using Illustrator Stuff.
Other Resources: Illustrator Stuff is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Illustrator Stuff does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Illustrator Stuff shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
Disputes with Illustrator Stuff: In the event a dispute arises between you and Illustrator Stuff, please contact Illustrator Stuff. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Illustrator Stuff agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Illustrator Stuff encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Illustrator Stuff, they may choose to contact Illustrator Stuff to mediate the dispute. Illustrator Stuff provides its dispute resolution process for the benefit of users. Illustrator Stuff does so in Illustrator Stuff's sole discretion, and Illustrator Stuff has no obligation to resolve disputes between users or between users and outside parties. To the extent that Illustrator Stuff attempts to resolve a dispute, Illustrator Stuff will do so in good faith based solely on Illustrator Stuff's policies. Illustrator Stuff will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Illustrator Stuff (and Illustrator Stuff's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. Illustrator Stuff's Intellectual Property
ILLUSTRATOR STUFF, and other Illustrator Stuff graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Illustrator Stuff in the U.S. and/or other countries. Illustrator Stuff's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access Illustrator Stuff for any purpose whatsoever, except to the extent expressly permitted by Illustrator Stuff Additionally, you agree that you will not:
1. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted by Illustrator Stuff
2. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, Illustrator Stuff may, without notice, and without refunding any fees, delay or immediately remove Content, warn Illustrator Stuff's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Illustrator Stuff suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and incorporated herein; Illustrator Stuff is unable to verify or authenticate any of your personal information or Content; or Illustrator Stuff believes that a user is acting inconsistently with the letter or spirit of Illustrator Stuff's policies, has engaged in improper or fraudulent activity in connection with Illustrator Stuff or the actions may cause legal liability or financial loss to Illustrator Stuff's users or to Illustrator Stuff.
Illustrator Stuff reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Illustrator Stuff.
13. No Warranty
ILLUSTRATOR STUFF, ILLUSTRATOR STUFF'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ILLUSTRATOR STUFF'S SUPPLIERS PROVIDE ILLUSTRATOR STUFF'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ILLUSTRATOR STUFF, ILLUSTRATOR STUFF'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ILLUSTRATOR STUFF'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ILLUSTRATOR STUFF SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL ILLUSTRATOR STUFF, AND (AS APPLICABLE) ILLUSTRATOR STUFF'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ILLUSTRATOR STUFF'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ILLUSTRATOR STUFF'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ILLUSTRATOR STUFF'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ILLUSTRATOR STUFF'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ILLUSTRATOR STUFF IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ILLUSTRATOR STUFF AND (AS APPLICABLE) ILLUSTRATOR STUFF'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. No Guarantee
Illustrator Stuff does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Illustrator Stuff's control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Illustrator Stuff service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of Goods. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of Goods you make on the Site (excluding any taxes on Illustrator Stuff's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and Illustrator Stuff are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Illustrator Stuff Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Illustrator Stuff's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Illustrator Stuff, 2443 South University Blvd, Suite 150, Denver, CO 80210 (in the case of Illustrator Stuff) or, in your case, to the email address you provide to Illustrator Stuff (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Illustrator Stuff may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Illustrator Stuff. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Illustrator Stuff's Copyright and Intellectual Property Policy.
The services hereunder are offered by Super Mega Corp. D/B/A “ILLUSTRATOR STUFF” located at Illustrator Stuff, 2443 South University Blvd, Suite 150, Denver, CO 80210. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: October 24, 2014