Frequently Asked Questions / buyers

Why do I have to create an account to make purchases?

All members and users of WhereYart.net must create an account. You do not need to provide your full name and can choose any username you would like if you would prefer to remain anonymous. We ask each user and member to create an account so that you can create collections, follow the art and the artists you are interested in, communicate with the artists themselves, and to help us track your purchases.

How do I register for an account?

It’s easy! Just click on the ‘Join Us’ tab as either a ‘Lover of Art’ or a ‘Creator of Art.’ If you are registering as a User or a Buyer, click the ‘Lover of Art’ tab and then follow prompts for creating your profile. You will be able to follow artists and art in a variety of different ways and add them to your own personal curated collections.

What are the different ways that I can view and shop from WhereYart.net?

You can view and shop art in a variety of different ways called ‘filters’. These filters include medium, artist, genre, color, price, themes, and more. We will continually be refining our filters so there are more ways for you to connect with the art and artists that pique your interest.

What is a collection and how do I create collections?

A collection is a particular grouping of art. You can create collections of a certain medium, a particular artist, a color, by neighborhood, by theme, or any other creative way that you would like.

How do I know the work I am getting is an original and authentic piece?

When you purchase an original work of art on WhereYart.net, you can be sure that you are purchasing an original creation from the artist with a story behind it. Where Y’Art is curated, and we take great pride in showing artists who value craftsmanship and quality in their work.

What is the difference between an ‘original work of art’ and a ‘print’?

An original work of art is a one of a kind piece of art. Sometimes original works are so incredible that the artist will decide to create prints to make their work accessible to more than just one person. These are typically either ‘limited edition’ prints with a finite number of copies, or they may be an ‘unlimited’ print. Limited edition prints make artwork more accessible to art lovers and is often considered the next best thing to owning the original. Some original works of art are in such high demand that the artist will allow an unlimited number of prints and print as needed for demand.

How and when will my purchase ship? How long will my purchase take to arrive?

Each piece of art purchased on WhereYart.net will ship directly from the artist or the artist’s representative to your preferred place of delivery. Each artist sets their own specific shipping parameters depending on whether the item is in-stock or a custom order. Please refer to each individual artist’s shipping policies. Artists take utmost care in packaging each piece of art purchased for the shipping process. If there are any issues with the shipping or if there is damage upon arrival, please contact the artist, as each artist is encouraged to insure all of their artwork during shipping. If a speedy resolution cannot be reached with the artist, please contact us at feedback@whereyart.net.

How does Where Y’Art choose what artists to showcase?

Where Y’Art reaches out to local artists and offers them a place to showcase their work as well as accepts applications from artists who are interested in joining the Where Y’Art collective. Any artist interested in joining WhereYart.net may complete the application form located at [http://whereyart.net. All artist applications are evaluated to ensure quality work and craftsmanship.

Can I return my piece if I don’t like it?

Each artist sets his or her own return policy. Please refer to the individual artist’s return policy before purchase, and contact the artist if you have any questions concerning returns. All artists are required to give a complete refund and accept returns for items that arrive damaged or that do not fit the description of the order. For damaged items, please keep shipping materials and photograph until the artist has met all requirements for insurance.

Why do I have to use PayPal to check out from my shopping cart?

To make sure that the shopping experience is easy and consistent for everyone, WhereYart.net uses a single platform, PayPal.com, to process all purchases. All of our Member Artists must sign up for a PayPal account before they can sell their work on WhereYart.net. We have streamlined the payment process for WhereYart.net by using PayPal to ensure a seamless experience for all of our Users and Member Artists. You can choose to send the money from your PayPal balance, linked bank accounts, debit cards, or credit cards. PayPal protects your information and uses the latest anti-fraud technology to protect you from unauthorized payments or transactions.

Please visit https://www.paypal.com/webapps/helpcenter/helphub/home/ if you have more questions about using PayPal.

How do I set up a PayPal account?

To open a Personal account, you just need to provide your name, address, phone number, and email address.

For your protection, you’ll create a password for your new account and choose 2 security questions. If you forget your password, PayPal will ask you to answer your security questions to log in to your account.

You’ll need to add a payment method (like a credit card or bank account) to make purchases from WhereYaRt.net.

I don’t have a PayPal account, can I still make a purchase?

For new buyers, signing up for a PayPal account is now optional. This means your customers can complete their payments first, and then decide whether to save their information in a PayPal account for future purchases.

Here’s how this checkout works:

  1. Customers enter their name and shipping address.
  2. They’re prompted for their credit card, email address, and phone number.
  3. (Optional) After reviewing their information, they may choose to save their information by creating a PayPal account to make future transactions faster.

Please note that PayPal’s fraud prevention measures remain in effect for buyers who use this checkout. PayPal applies the same techniques for this checkout as it does for other transactions.

Frequently Asked Questions / artists

What is WhereYart.net?

WhereYart.net is an online, curated gallery, social shopping marketplace, and educational resource devoted to driving sales and furthering entrepreneurial efforts for talented artists and creative professionals in the greater New Orleans area. Our mission is to unite the local art community and expand infrastructure for independent artists.

Is membership for Where Y’Art limited to New Orleans and greater New Orleans artists? What about artists in other areas of Louisiana and the Gulf Coast?

Yes, at the current time, we are only accepting applications from artists from the New Orleans and greater New Orleans area. We are hoping to expand our region in the near future, so sign up as a ‘Lover of Art’ for the time being and stay updated on our progress.

How can I have my artwork exhibited on Where Y'Art?

Artists, craftsmen, and artisans are invited apply by filling out an application form located here (link) on our website. Along with the form, artists must submit five (5) photographs of their work. These photographs should be professional photography and represent they type of work and photography you would like to show on wWhereyYart.net.

What types of photographs should I choose for the (5) photographs for my application? Showing and selling your work on a digital space is very different than showing in a physical place. Photography is a key process in displaying your work in its best light. Please choose the photographs that best represent your work. Where Y’Art prides itself in helping our artists show their work in the best way possible. If you do not have professional photography of your work, don’t worry…as a member of WhereYart.net you will have access to a discounted rate for a variety of creative services, including photography, so that your work can be represented in the best possible way.

What types of artwork may is applicable to be exhibited on Where Y'Art?

Artists are free to submit artwork in every genre, style, size, and media to be displayed on WhereYart.net. All artwork submitted must not infringe on another’s intellectual property. Upon submission of your application and $15 application fee, artwork is juried evaluated by Where Y'Art curators and must be approved to be displayed on the site.

When will I know whether that my application has been accepted?

Approval time varies depending on familiarity with the artist’s work, number of applications we are receiving and other factors. We typically jury applications once per month. We do our best to inform the artist as soon as the decision is made. Please feel free to check back with us at submissions@whereyart.net periodically to check on the progress of your application. Upon approval, there will be a period of time that our staff will work with each artist to get their content ready to go up on the site. That time will depend upon the specific needs of each of our artists.

Will there be a fee to sell my artwork on Where Y'Art?

Yes.

Listing fees: Each item you list on WhereYart.net costs $1 until the item sells, up to 6 months. At the end of 6 months, the item will automatically renew for an additional $1 fee. If you would not like for the item to renew, you can take it down 7 days before the date it is set to renew. Each $1 Listing fee goes directly into a grant fund for artists in need.

Processing and Transaction fees: Where Y'Art takes a fair market percentage of the artworks sold. Once an item is sold through WhereYart.net, a 9.5% processing fee + $0.50 transaction fee will be assessed. For example: If you sell an item for $100, we will take a $9.50 processing fee +$0.50 per transaction = $10.

If I am represented by Where Y'Art, may I seek other gallery representation?

Yes, the artist is not obligated to exclusivity with Where Y'Art. The artist may seek other representation in galleries and have their work displayed in other galleries and shops.

Do I have to use PayPal to be a member of Where Y’Art ?

To make sure that the shopping experience is easy and consistent for everyone, WhereYart.net uses a single platform, PayPal.com, to process all purchases. All of our Member Artists must sign up for a PayPal account before they can sell their work on WhereYart.net. We have streamlined the payment process for WhereYart.net by using PayPal to ensure that the experience and all of our Users and Member Artists have is seamless. Your customers can choose to send the money from your PayPal balance, linked bank accounts, debit cards, or credit cards, and those payments will be deposited directly into your PayPal account. Your PayPal account can easily be linked with your bank accounts so that you payments are readily accessible. PayPal protects your information and uses the latest anti-fraud technology to protect you from unauthorized payments or transactions.

Please visit https://www.paypal.com/webapps/helpcenter/helphub/home/ if you have more questions about using PayPal or about the way that your payments will be processed.

How do I set up a PayPal account? To open a Personal account, you just need to provide your name, address, phone number, and email address.For your protection, you’ll create a password for your new account and choose 2 security questions. If you forget your password, PayPal will ask you to answer your security questions to log in to your account.

After you sign up for an account, you can begin receiving money right away. You’ll need to add a payment method (like a credit card or bank account) to send money or make purchases.

I don’t have a PayPal account, can I still be a part of Where Y’Art?

Sorry, but at this time, all of our artists are required to set up a PayPal account to receive payments.

How will I be notified when my work is sold?

When you sell a work it will be processed using PayPal.com. W we will communicate this sale to you using our internal messaging system along with details on shipping fulfillment. At this time, you will pack and ship the artwork within the unique parameters you set for yourself in in your shipping policies. Please make sure to ship within a timely manner, as customer satisfaction and fulfillment of orders are of utmost importance to WhereYart.net.

Is there a return policy for artists who sell through WhereYart.net?

You are free to set your own unique return policy. Many sellers feel that it is fair to allow free returns within 7 days of receipt of the order. The only exception to this is if an item arrives to the customer differently than described on WhereYart.net (so make sure to have thorough and complete descriptions) or if the item arrives damaged (which is why we strongly suggest insuring your shipments). In either of these cases, the customer should be issued a full refund, including shipping. For questions about shipping and returns please email feedback@whereyart.net.

Who owns the copyright to my artwork once it is sold?

As the artist, you retain the copyright in your artwork unless you specifically assign the copyright to someone else.

What if an artwork is damaged in transit?

As a member of Where Y’Art, we strongly encourage all of our artists to insure all artwork when you ship. Insuring your work is the only way to protect yourself in the event an item does not arrive or arrives damaged. Protect yourself by making sure to ship your work with a tracking number, signature confirmation of delivery, and insurance. If an item does not arrive to your customer or arrives damaged, you will be responsible for issuing a full refund with shipping, so please insure your shipments.

What artwork is prohibited?

Artwork that copies from another work of art not in the public domain and not protected by fair use is prohibited. To read more about copyright, trademark, and fair use, please visit our Best Practices for Copyright and Trademark page (link to the Best Practices doc).

Why was my artwork removed due to a copyright or trademark issue?

Artwork can be removed as a result of a copyright or trademark notice filed against. We respond promptly to such notices and remove the allegedly infringing work. To read more about filing a notice, please visit our Copyright and Trademark Policy page (link to the Best Practices doc).

What if I believe my work was removed by mistake or misidentification?

If a notice is filed to remove the work due to a copyright or trademark issue, you can file a counter-notice to have the work replaced within ten (10) days. To read more about filing a counter-notice, please visit our Copyright and Trademark Policy page (link to the Best Practices doc).

Who should I contact with more questions?

If you have any more questions, please contact us at feedback@whereyat.net.

Terms of Use / buyers

This website (the “Website”) is owned and operated by Where Y’Art, LLC. These Terms of Use (“Terms of Use”) apply to your use of this Website. Any membership you may establish on the Website and/or the purchase or use of any products or services available through this Website are governed by the Terms & Conditions of Service (“Terms of Service”) posted on the Where Y’Art Website.

Where Y’Art provides this Website, including all information, tools, and services available on this Website, to you, the user, conditioned upon your agreement to these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please refrain from using this Website.

  1. Verification of Information: You represent that all of the information, data and other materials you provide on this Website or to Where Y’Art through any other means are true, accurate, up to date and comprehensive. You are responsible for updating and correcting the information you have provided on this Website, as necessary. Buyers may not use a false email address or any other false identifying information. Further, Buyers may not impersonate any person or entity or otherwise deceive as to the origin of any information. Use of this Website requires registration and by registering, Buyer agrees to provide true, accurate, current and complete information.

  2. Privacy Notice: Buyers may find a copy of the Privacy Notice that applies to any personal information relating to Buyers at: [ex. http://whereyart.net/ privacy]. Buyers consent to the collection and storage of personal information. Where Y’Art will not provide any third parties with your personal information without your express permission. Where Y’Art reserves the right to update its privacy policy at any time, but will provide Buyers with notification of any changes.

  3. License and Website Access: All content contained within this Website (including, but not limited to, audio clips, text, design, downloads, graphics, icons, images, interfaces, logos, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Where Y’Art, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. Buyers are granted a limited license to access and make personal use of this Website. Unless otherwise indicated, you may access, copy, download and print the content available on this Website for your personal, non-commercial use, provided you do not alter or remove any copyright, trademark or other proprietary notices that appear in the content. Where Y’Art, its licensors, and/or content providers retain full and complete title to the content available on the Website, including all associated intellectual property rights. Where Y’Art reserves the right to revoke Buyers’ limited license to use the services offered by the Website at any time. Where Y’Art also retains sole discretion to revoke Buyers’ limited license. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Where Y’Art. Where Y’Art reserves the right to refuse or cancel any person’s registration for this Website, remove any person from this Website and prohibit any person from using this Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Where Y’Art neither warrants nor represents that your use of the content available on this Website will not infringe rights of third parties not affiliated with Where Y’Art. Termination of your access or use will not waive or affect any other right or relief to which Where Y’Art may be entitled, at law or in equity. Where Y’Art strictly prohibits any other use of any content available through the Website, including but not limited to:

a. any downloading, copying or other use of the content or the Website for purposes competitive to Where Y’Art or for the benefit of another retailer or any third party; b. any unauthorized caching or linking to the Website or the framing of any content available on the Website; c. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any content, products, or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); d. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; e. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or f. any action that imposes or may impose (in Where Y’Art’s sole discretion) an unreasonable or disproportionately large load on Where Y’Art’s infrastructure, or damage or interfere with the proper working of our infrastructure.

  1. Trademarks and Copyrights: The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Where Y’Art or its licensors or content providers, or other parties. Buyers are prohibited from using any Marks for any purpose without the written permission of Where Y’Art or such third party that may own the Marks. All content available on or through the Website, including but not limited to any software programs, is protected by copyright, trademark and other applicable U.S. and foreign laws.

  2. DISCLAIMERS: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, WHERE Y’ART MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF WHERE Y’ART MEMBERSHIP, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH WHERE Y’ART, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  3. LIMITATION OF LIABILITY: THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WHERE Y’ART WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WHERE Y’ART. WHERE Y’ART IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF THE WHERE Y’ART MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WHERE Y’ART.

  4. Indemnities: You will indemnify and hold harmless Where Y’Art from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Where Y’Art and such parties, and shall defend Where Y’Art and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Where Y’Art will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Where Y’Art.

  5. Electronic Communications: When you use the Website or send emails to Where Y’Art, you are communicating with Where Y’Art electronically. You agree to receive electronically any communications related to your use of this Website. Where Y’Art will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Where Y’Art intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to Where Y’Art.

  6. Website Features Protected by Password: Only authorized users may access and use of password-protected areas of the Website. You are responsible for protecting your login credentials, including usernames and passwords. You consent to responsibility for any and all actions and statements made through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Where Y’Art immediately. Where Y’Art may assume that any communications received from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless you send notice to Where Y’Art indicating otherwise.

  7. Claims of Intellectual Property Infringement: Where Y’Art honors the intellectual property of others, and we require our Buyers to do the same. You are hereby informed that Where Y’Art has a policy that requires termination for Buyers who repeatedly infringe copyrights. Where Y’Art retains discretion to disable or terminate accounts of Buyers may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Where Y’Art’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. identification of the material that is claimed 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 a description of where the material that you claim is infringing is located on the Website; d. your address, telephone number, and, if available, email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  1. Buyers wishing to provide notice of claims of copyright or other intellectual property infringement can contact Where Y’Art’s agent at:

Collin Ferguson Where Y’Art LLC 1622 Adams Street, New Orleans, La 70118 Collin@whereyart.net

  1. Effect of Terms After Agreement Ends: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will remain in effect after the expiration or termination of these Terms of Use.

  2. Force Majeure: Where Y’Art shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Where Y’Art. In the event that Where Y’Art is temporarily unable to ship to you a purchased item because of such an event, Where Y’Art will give you the option of deferring shipment or receiving a refund of your charges.

  3. General: Section headings are for reference purposes only and do not limit the scope or extent of such section. Buyers irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Louisiana or the United States of America located in the State of Louisiana for any actions, suits or proceedings arising out of or relating to these Terms of Service.

  4. Entire Agreement and Admissibility: These Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  5. Contact Information: If you have any questions or comments about these Terms of Use or this Website, please contact us by email at feedback@whereyart.net You also may write to us at:

Where Y’Art LLC Terms of Use 1622 Adams Street New Orleans, La 70118

Effective Date: November 4, 2013

Terms of Use / artists

This Website is owned and operated by Where Y’Art, LLC. By using the Website in any manner, you agree to the Terms of Use below.

  1. Member Benefits and Participation in the Collective: Where Y’Art is a creative collective for artists in the Greater New Orleans Community. Benefits of membership may include, but are not limited to:

• Creation and final editing of an initial curated WHERE Y’ART Artist Portfolio Listing • Online E-commerce Marketplace • Access to Member Tools & Resources • Social Shopping • Initial Consultation in Marketing and Design • Discounted Rates for Supplemental Creative Services (see below)

Members will also be entitled to discounted rates for additional creative services. Where Y’Art or a third party vendors may provide these additional services at additional costs, separate from the Membership Dues and Initiation Fees.

  1. Membership Fees: Fees include a one-time, non-refundable, Initiation Fee of $70.00 and a monthly fee of $35.00 to be paid on or before the 10th day of each month. Where Y’Art can adjust the Membership Dues with 30 days written notice to the Member.

Members must pay by auto-billing or be subjected to a late fee of $10.00 per month for each month payment is late. Members may also be expelled or suspended from participation in the Where Y’Art Collection until payment is made. Member authorizes Where Y’Art and/or its agent to keep credit card and account information for payment and to charge the Member on the 1st of each month. Member is required to provide updated billing information if needed. If the charge is rejected for any reason, the Member will be subjected to a $25.00 penalty.

  1. Listing and Selling Items and Associated Fees: Where Y’Art charges its Member a listing fee of $1.00 per item for a period of 6 months (“initial period”). The listing is automatically renewed for additional 6 months (“extended period”) once the initial period has expired unless the Member provides written notice within 14 days of the expiration of the initial period to Where Y’Art.

For each item sold, the Member will pay Where Y’Art a Transaction Fee of 9.5% of the sales price for each item plus $.50 per item. This does not include shipping costs or tax, which will be paid by the Member to Where Y’Art where applicable. Member will pay Transaction Fees within 3 days of receipt of payment for the item.

Where Y’Art can adjust the Listing Fee and Transaction Fee upon 30 days written notice to Member. All Transactions Fees and Listing Fees are binding and non-refundable.

The Member must represent and warrant that unless otherwise disclosed, that the Member as legal and equitable title in the items and is legally entitled to sell the item.

Listings may only include text, graphics, pictures, and other content relevant to the sale of the item. If an item is sold as more than one, each item must be identical to each other item in the listing. Each unique item must have a separate listing. Members must notify Where Y’Art if an item is no longer available because the item was sold outside Whereyart.net. Members must accurately describe each item and all terms of sale.

Member must ship sold item promptly unless an exceptional circumstance occurs such as: the buyer’s failure to meet the terms of the Member’s listing (such as payment method), or the Member cannot authenticate the buyer’s identity. The Member agrees not to charge excessive shipping fees.

The Member acknowledges and agrees that the Where Y’Art website may not be operated on a continual, uninterrupted basis and that periodic outages may occur.

  1. Member Conduct: Member is responsible for all activities the Member engages in on the Website, including prohibited, questionable, and infringing activities.

The Member will not in any way:

• Be false, inaccurate or misleading; • Be fraudulent or involve the sale of illegal, counterfeit or stolen items; • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; • Violate the terms of this Contract, any site policy or 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); • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall; • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Company staff or other users), or falsely state or otherwise misrepresent the Member’s 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; • Be obscene or contain child pornography; • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; • Host images not part of a listing; • Modify, adapt or hack Company or modify another website so as to falsely imply that the Member is associated with Company.

Member Reviews: Buyers are allowed to write review, giving a rating of 1 to 5 stars after each transaction, which will be publically viewable in the Member’s shop. The Member’s average rating is based on the Member’s rating over the previous 12 months. Where Y’Art may remove any reviews or comments it deems as appropriate. Items that will be removed include:

• Personally identifying or private information; • Obscene, racist, or harassing language; • Spam, links, scripts, or advertising; • Shilling (fraudulent inflation of a seller’s rating by use of an alternate account); • Information given for a transaction created for the sole purpose of leaving a review; • Negative or disparaging comments regarding the Company; • Reviews instructed to be removed by a valid court order requesting removal of a review; • Reviews that undermine or compromise the integrity of the Company’s review system; Members with low or unsatisfactory reviews will be subject to suspension or termination.

  1. Intellectual Property: The phrase Where Y’Art is a federally registered trademark. The term “Y’Art,” and other Where Y’Art graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks and/or copyrights of Where Y’Art.

Members do not have rights, title, or interest in Where Y’Art’s Intellectual Property unless obtained by license.

Current Members have limited, transferrable license to use Where Y’Art’s trademark on business cards. Upon termination of membership, this use must be discontinued.

If a Member wishes to use Where Y’Art’s trademarks, the Member must sample the uses for approval. Where Y’Art may disapprove such uses. If Where Y’Art disapproves the use, the Member must remove any Where Y’Art trademark from use within 14 days of notice of disapproval.

Members wishing to provide notice of claims of copyright or other intellectual property infringement can contact Where Y’Art’s agent at:

Collin Ferguson Where Y’Art 1622 Adams Street, New Orleans, La 70118 Collin@whereyart.net

  1. DISCLAIMERS: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, WHERE Y’ART MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF WHERE Y’ART MEMBERSHIP, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH WHERE Y’ART, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
 YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  2. LIMITATION OF LIABILITY: THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WHERE Y’ART WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WHERE Y’ART. WHERE Y’ART IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF THE WHERE Y’ART MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WHERE Y’ART.

  3. Indemnities: You will indemnify and hold harmless Where Y’Art from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Where Y’Art and such parties, and shall defend Where Y’Art and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Where Y’Art will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Where Y’Art.

  4. Contact Information: If you have any questions or comments about these Terms of Use or this Website, please contact us by email at (insert email). You also may write to us at:
 (insert address).

  5. At this time, Where Y’Art requires all member artists to have a valid paypal.com account to accept and process payments involved in the processing and transactions involved in listing and selling items on Whereyart.net.

Effective Date: November 4, 2013

Fair Use Best Practices

If a work is still under copyright protection, Artists cannot use the work without obtaining a license from the copyright holder unless the Artist’s use of the work meets the fair use exception, codified in 17 U.S.C. § 107. The fair use exception is available “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” 17 U.S.C. § 107. In determining whether a work meets the fair use exception, a court evaluates:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Courts evaluate all four of the fair use factors and no factor is independently determinative of a fair use finding.

The Purpose and Character of the Use

In evaluating the purpose and character of the use, courts assess whether the work is transformative and whether the work was created for commercial use. Courts also ask if there is a justification for copying, including whether the work was a parody or a satire. Finally, courts ask whether the copying was done in bad faith. In order to be considered transformative, the subsequent work must add something new to the original work. The work should modify the original work by adding a new expression or meaning. If the work is transformative, the commercial nature of the work may be less significant.

Amount and Substantiality of the Portion Used

In determining the amount and substantiality of the portion used, courts evaluate whether the subsequent work took the heart of the work or a reasonable amount of the original work. If the subsequent work took the heart of the original work, then it is less likely that the use will be considered fair. However, it may be more acceptable to use the heart of the work if the subsequent work is a parody of the original work.

Market Effects

In determining the market, courts ask whether the subsequent work damages the market of the original work. If the subsequent work effects the market of the original work, then it is less likely that a court would find fair use.

Legal Information Is Not Legal Advice

This website provides information that some users may find useful concerning intellectual property rights. Legal information, however, is not the same as legal advice. Legal advice requires the application of law to an individual's specific circumstances. Although we have endeavored to make sure our information is accurate and useful, we recommend you consult with an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

Best Practices

Copyright and Trademark Policy

The Copyright and Trademark Policy provides Where Y’Art’s policy relating to copyright and trademark infringement. The policy is in accordance with U.S. intellectual property law and the Digital Millennium Copyright Act (DMCA).

Where Y’Art will remove any artwork from the site that is subject to an intellectual property infringement claim. If artwork is removed due to an infringement claim, the artist of that work may provide a counter notification. All claims must be sent to the designated agent listed below this policy.

Procedure for Reporting Copyright or Trademark Infringement

If you materially misrepresent to Where Y’Art that artwork is infringing your copyright or trademark, you may be liable for damaging damages (including attorney’s fees). If you are not sure whether infringement has occurred, contact an attorney before filing an infringement claim to Where Y’Art.

If, after contacting an attorney, you believe in good faith that artwork is infringing, provide a written notice to the designated agent describing the nature of the infringement, including:

  1. A physical or electronic signature of the copyright holder or the person authorized to act on the intellectual property owner’s behalf;
  2. A detailed description of the artwork being infringed upon;
  3. A detailed description of the artwork that is allegedly infringing;
  4. Contact information of the intellectual property owner and / or the person contacting Where Y’Art on the owner’s behalf (including name, address, telephone number and email address);
  5. A statement that the person claiming the infringement is in good faith; and
  6. A statement, made under penalty of perjury that the information provided is accurate and the person claiming the infringement is authorized to do so.

Removal of Allegedly Infringing Material

Once a claim is filed, Where Y’Art will remove any allegedly infringing works and disable access for repeat offenders.

Procedure to File a Copyright Counter-Notice

If you materially misrepresent that a work is not infringing, you could be liable for damages (including attorney’s fees). If you are not sure whether a work is infringing, contact an attorney before filing a counter-notice.

If an artist member believes that the work is not infringing, the member must send a counter-notice. The counter-notice must contain the following information to the designated agent:

  1. A physical or electronic signature of the copyright holder or the person authorized to act on the intellectual property owner’s behalf;
  2. A detailed description of the artwork that has been removed;
  3. Contact information of the intellectual property owner and / or the person contacting Where Y’Art on the owner’s behalf (including name, address, telephone number and email address);
  4. A statement that the person filing the counter-notice has a good faith belief that the work was removed by mistake or misidentification.

If Where Y’Art receives a counter-notice, a copy will be sent to the complaining party establishing that the artwork may be replaced within 10 business days. If the complaining party does not get a court order against the allegedly infringer, the removed artwork will be replaced within 10 to 14 business days after receipt of the counter-notice at Where Y’Art’s discretion.

Designated Agent Address Phone Email Copyright and Trademark Best Practices Copyright

Exclusive Rights

The federal government grants the owner of an original work of authorship an exclusive rights to that work, known as copyright. Thisese rights is are subject to fair use rules, explained below. Copyright includes the right to reproduce, distribute, performs, and display the protected work. These rights can also be assigned or licensed to authorized users.

Term

The term of copyright protection is the life of the author plus seventy (70) years. If the author is a corporation, the term is ninety-five (95) years from publication or one-hundred and twenty (120) years from the date of creation (whichever is longer). After the term of a protected work expires, the work enters the public domain, where it is free for anyone to use.

Works Covered by Copyright Protection

Copyright protection is extended to original works of authorship. These works are created independently from works not in the public domain. Copyright protection covers literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recording; and architectural works.

Copyright protects expressions, but not ideas. Copyright does not protect facts, but may . However, protect copyright does protect the creative expression of such factsfictional facts, which are created fictitious expressions.

Infringement

To show infringement, you must own a valid copyright, meaning that you have an original work of authorship, independently created. To be eligible for damages, including attorney’s fees, your work must be registered with the U.S. Copyright Office.

One or more of your exclusive rights as a copyright holder must be infringed, meaning you did not license, assign, or otherwise authorize the use. Infringement can be proven in two ways: (1) direct copying; or (2) circumstantial evidence of copying. To show circumstantial evidence of copying, you must show that the alleged infringer had access to the protected and that the works are substantially similar. Where there is more access, you require less proof substantial similarity. Where there is less access, you will need more proof of substantial similarity.

Once you have shown that the work is infringing on your protected work, the alleged infringer has the option of claiming fair use as a defense. Fair use is explained below.

TrademarkWhat is a trademark?

A trademark is any word, name, symbol, or design used by a person or organization to distinguish its products from the products of others. This use prevents customers from confusing the trademark holder’s product with that of another. Although not required, tTrademarks can maybe registered at the U.S. Patent and Trademark Office. To be federally registered, a trademark must be used in interstate commerce. Federally registered trademarks trump state registered trademarks.

Term

The term goes on indefinitely as long as the trademark continues to be used regularly.

Infringement

First, the trademark owner must show that he or she has a protected trademark and that the alleged infringer has used the trademark without permission. Infringement of a trademark has occurred if the ordinarily prudent consumer would be confused as to the source of the artwork or as to the trademark owner’s relation to the artwork. If the products are completely unrelated, confusion is not likely, so no infringement has occurred. If the products are related, but do not directly compete in sales, a list of factors must be considered: the strength of the trademark owner’s mark; the degree of similarity between the trademark owner’s mark and the allegedly infringing mark; evidence of actual consumer confusion; the marketing channels used; the type of goods involved and the degree of care likely to be exercised by the buyer; the alleged infringer’s intent in selecting the mark; and other facts showing the consumer is likely to expect the trademark owner to product the infringer’s product or is likely to expand the market to include the infringer’s product. This list is not exhaustive.

The infringing use must be in commerce, meaning that the infringement must have an substantial effect on interstate commerce. These activities include, but are not limited to: advertising in more than one state and moving the artwork from one state to another. However, eEven if infringement has occurred, however, the use of the trademark may fall under a specific defense, such as the defense of nominative fair use or collateral use. For more information on fair use see below.

Legal Information Is Not Legal Advice

This website provides information that some users may find useful concerning intellectual property rights. Legal information, however, is not the same as legal advice. Legal advice requires the application of law to an individual's specific circumstances. Although we have endeavored to make sure our information is accurate and useful, we recommend you consult with an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

CREATORS OF ART

Where Y'Art is a curated community of New Orleans artists, craftsmen and designers seeking to connect with buyers and each other. At Where Y'Art, you'll have more sales opportunities and access to entrepreneurial resources to grow your creative business.

Email us for more information: info@whereyart.net

LOVERS OF ART

At Where Y'Art, you will meet the people creating art, discover their passions and learn their stories. You might even buy something. So Discover New Orleans art. Follow New Orleans artists and Shop the art of our community.

We launched recently and are adding features to the site every day. You can discover our artists, view their original works and buy through our marketplace right now. Soon we are adding your ability to create an account, follow your favorite artists and favorite works.

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