|Artists | Search||Resources||News/Events||Art Center||Log In | Join|
MesArt Member Agreement
Welcome to the user agreement for MesArt. By using our website, you indicate your acceptance of the terms and conditions of this agreement. Please read them carefully.
MesArt provides products and services to artists and art lovers, including as art listings, portfolios, online art sales, promotional assistance, printing, etc. MesArt members are responsible for paying membership fees, commissions and applicable taxes resulting from sales through this website. We collect and remit to the state of California all sales tax on orders shipped to California addresses. We may change the fees and commissions from time to time.
In order to use our website you must be legally able to enter into binding contracts under applicable law. Any professional emerging and/or established artist or designer can become a MesArt member. Without limiting the foregoing, our services are not available to minors.
The MesArt website acts as a venue for sellers and buyers to enable buyers to make purchases based on the sellers' listings. Our involvement in the transaction between the buyer and the seller is limited to facilitating the transfer of payment in these transactions. Because of this, we have no control over the quality, safety, or legality of the advertised items, the truth and accuracy of the listings, or the ability of sellers to sell items. We cannot control whether or not sellers will complete the sale of the items they offer.
As a buyer, you are bound by this agreement and by the conditions of the sale included in the item's description.
You may purchase art directly from artists, or through our online website ordering capability.
If you are purchasing art through our online website ordering capability, you have a seven day customer acceptance period to ensure your complete satisfaction with the artwork. You can return artwork to the seller within this period. If you decide to do so, you will have to ship it back to the artist at your expense. MesArt follows up to confirm that the seller received the art in the same condition as it was originally shipped, and then we refund the purchase amount to you.
Listing Art for Sale
As a seller, you must be legally able to sell the items you list on our site. You must appropriately describe the items and all terms of sale on your listing pages. Your listings may only include descriptions, graphics and other content that is relevant to the sale of the item. All items must be listed in appropriate categories. We procure a commission of 15% on all items sold through our website. If a buyer elects to buy a listed item directly from you, there is no commission paid to MesArt.
You are obligated to send the artwork to the buyer as soon as you receive an online order notification from MesArt.
In order to ensure the buyer's satisfaction, MesArt will not transfer funds to the seller until after the customer acceptance period (usually 7 days from when the buyer receives the item).
When the buyer accepts the artwork, we transfer the funds to the artist less our commission. Funds are generally remitted by company check within 2 weeks of the end of the customer acceptance period.
You are responsible for paying all applicable taxes resulting from the sale of an item through our website. We collect and remit to the state of California all sales tax on orders shipped to California addresses.
MesArt is only a vehicle for online distribution of your information. You agree that you are solely responsible for all information you submit. MesArt reserves the right, in its sole discretion, to modify or delete any information that you submit to our website.
Your information, and your activities on this website: (1) shall not be fraudulent or involve the sale of counterfeit or stolen items; (2) shall not infringe any third party's copyright, patent, trademark or other proprietary rights or rights of publicity or privacy; (3) shall not violate any law; (4) shall not be defamatory, trade libelous, unlawfully threatening or harassing; (5) shall not be obscene or contain child pornography or otherwise be harmful to anybody; (6) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or information; (7) shall not link to or include what you do not have a right to link to or include. You may not post on MesArt or sell through our site any item that could cause us to violate any applicable law.
We may assist you with listing art, at our discretion, and under no obligations. We are not responsible for the return of any materials that are sent to us, including, but not limited to, photographs, slides, images in any electronic or printed form.
The opinions, advice, statements, services, products, offers or other information or content available on our site are those of the authors and not of MesArt.
MesArt does not guarantee the accuracy, reliability, completeness, timelines, or usefulness of, or otherwise adopt or endorse any opinions, advice, statement, services, products, offers, and any other information or content available on our site.
MesArt will charge an extra fee for any custom work requested by customer for their websites. Our current hourly fee is $75; it is subject to change with inflation.
Breach of Agreement
We may suspend or terminate your account and your use of our system if you breach this agreement, if we are unable to verify or authenticate information you provide, or if provided information is fraudulent.
Disclaimer of Warranties and Limitation of Liability
MESART RESERVES THE RIGHT TO DENY SERVICE TO ANYBODY, WITHOUT NOTICE OR EXPLANATION OF REASONS, AS WELL AS MODIFY ANY SERVICES AT ANY TIME. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES.THE OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MESART DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESART WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE, YOU SHOULD DISCONTINUE USING THIS WEBSITE.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
You agree to indemnify, defend, and hold MesArt harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of your use of this website.
In the event that you have a dispute with one or more users, you release MesArt (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
This agreement constitutes the entire agreement between you and MesArt and it supersedes all prior agreements. This agreement is subject to change by MesArt at any time, effective by posting the revision on this website.
Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.