1. Welcome to Grandpa’s Art!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Grandpa’s Art after a change, it means you accept the new terms.
2. Submitting Your Art for Sale
To submit your art to Grandpa’s Art, you need to be 18 or over. You’re responsible for your submission and all information submitted.
You can browse Grandpa’s Art without purchasing any items or submitting art for sale. Submitting art requires you to open an Artist account. If you decide not to post any art for sale or we find it inappropriate or incomplete, no image will be submitted for you.
Artist are responsible for the quality of their work. You are responsible for all products and information describing the physical items for sale to be 100% accurate.
To submit your art for sale, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
3. Things You Never Do
This section is a list of things you already know to never do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please use Grandpa’s Art with integrity. Don’t ever do any of these things.
Many people use Grandpa’s Art. We expect all of them to behave responsibly and help keep this a safe space. Don’t do any of these things on the Site:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Grandpa’s Art policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Grandpa’s Art or another party).
- Don’t abuse other users’ personal information. When you use Grandpa’s Art — and especially if you sale your art — you may receive information about other users, including things like their names and postal addresses. This information is provided for the purpose of participating on Grandpa’s Art as an Artist: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which comes down to “don’t try to mess with our system.”
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Grandpa’s Art or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Grandpa’s Art in an effort to access things like source code, underlying ideas, or algorithms.
4. Selling your Art
This section goes over the details of submitting and selling art pieces — things like how money gets collected and whether sales can be returned or exchanged.
These are the terms that apply when you’re submitting your art for sale:
- First you must log in and be a registered Artist with Grandpa’s Art. Fill out the Artist Member form including all required fields describing the pieces. Upload the images for your art and your total sales price. Grandpa’s Art will charge a 35% commission of the total sales price when the piece is sold. You can upload unlimited art pieces.
- The Estimated Shipping Date is the date the Artist or Grandpa’s Art estimates your piece will be delivered to you.
- It is important to Grandpa’s Art that the shopping experience is completely satisfying. We want all products to be 100% to the customer’s satisfaction. Therefore we stand behind our Money-Back Guarantee for returned undamaged items within 14 days of receiving the order. The shipping fee of $12.75 is not refundable plus there is a 15% restocking fee. The Artist must refund the full cost of the print minus the restocking fee to the customer. Grandpa’s Art will return 20% of the sales price back to the Artist.These are the terms that apply when an art piece is sold.
- Don’t assume you’ll be able collect your money right away, after the payment is processed with Grandpa’s Art. We will send the money to the Artist within 48 business hours; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t take any actions in reliance on collecting any of the money from your sale until you actually have the ability to withdraw it from your account and spend it.
- We’ll charge our fees before putting funds in your account. Grandpa’s Art and its payment partners will subtract fees before transmitting payments.
5. Things We Don’t Do and Aren’t Responsible For
We don’t oversee Art quality, submitted by Artist, and we don’t mediate disputes.
Grandpa’s Art isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between buyers and Artist, or between participants and any third party relating to the use of the Services. We don’t oversee the quality or punctuality of the art, and we don’t endorse any content Artist add to the Site. When you use the Services, you release Grandpa’s Art from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
6. Grandpa’s Art Artist Membership Fees
We charge a $0.40 surcharge and 30% commission for all sales.
Submitting your images to Grandpa’s Art is free. If your art sales, Grandpa’s Art collects a 30% commission and our payment partners collect a fee before the money is deposited. Please review various payment fees here PayPal. We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. All purchases are collected by payment providers. Each payment provider is its own company, and Grandpa’s Art isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of Grandpa’s Art.
7. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Grandpa’s Art may contain links to other websites. (For instance, business plan pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Grandpa’s Art partners with other companies (such as PAYPAL) for payment processing. When you make a purchase, you’re also agreeing to the payment processor’s terms of service.
8. Your Intellectual Property
We don’t own the stuff you post on Grandpa’s Art. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote Artist and bring awareness to the site. You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
Grandpa’s Art doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When your art for review, you agree to these terms:
- We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
- When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Grandpa’s Art all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Grandpa’s Art’s hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Grandpa’s Art or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
- We’re not responsible for mistakes in your content. Grandpa’s Art will not be liable for any errors or omissions in any content.The content on Grandpa’s Art is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.Grandpa’s Art grants you a license to reproduce content from the Services for personal use only. This license covers both Grandpa’s Art own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Grandpa’s Art or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
- We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy.
- Our designated agent for notice of alleged copyright infringement is:Grandpa’s Art
Attn: Copyright Agent
9. Deleting Your Images
- You can delete your Images at any time. Deleting your images remove your art for being available for sale. 13. Grandpa’s Art RightsGrandpa’s Art reserves these rights:
- To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
- You can delete your images at any time. Contact Us and let us know you would like your Images removed and it will be removed within 72 business hours.
10. How We Handle Copyright Issues
- The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Grandpa’s Art complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
- Grandpa’s Art Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
11. Grandpa’s Art’s Intellectual Property
- We can make changes to the Grandpa’s Art Site and Services without notice or liability.
- We have the right to decide who’s eligible to use Grandpa’s Art. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Grandpa’s Art in that jurisdiction.
- We have the right to refund and cancel any purchase or any image submission, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any Artist registration at any time and for any reason.
Grandpa’s Art is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
12. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
GRANDPA’S ART SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GRANDPA’S ART SHALL CREATE ANY WARRANTY.
If you do something on Grandpa’s Art that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Grandpa’s Art. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
14. Limitation of Liability
If something bad happens as a result of you using Grandpa’s Art, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Grandpa’s Art, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Grandpa’s Art liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
15. Dispute Resolution and Governing Law
We’re located in Florida, and any disputes with us have to be handled in Florida under Florida State law.
We at Grandpa’s Art encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Grandpa’s Art and its Services are deemed a passive website that does not give rise to jurisdiction over Grandpa’s Art or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Florida. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Grandpa’s Art, shall be filed only in the state or federal courts located in Miami Dade County in the State of Florida, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
16. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Grandpa’s Art!
These Terms and the other material referenced in them are the entire agreement between you and Grandpa’s Art with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Grandpa’s Art with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Grandpa’s Art to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Grandpa’s Art prior written consent. Grandpa’s Art has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Grandpa’s Art will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
These updated terms went into effect on November 16th, at 7:52 p.m. Eastern Time, and apply to all purchases and services on Grandpa’s Art on or after that date.