Welcome to the Studio Marketplace. We’re glad you here. This document and the other documents referenced below make up our rules, or what we officially call our Studio Marketplace Terms (or just “Terms” for short). If you continue to use our website these Terms are a legally binding contract between you and Studio Marketplace.
Contents
The Studio Marketplace is a digital marketplace that helps thousands of studio owners around the country earn money with their hosted events, regardless of whether you are mobile or have a store front. When you create an account, and accept these terms you become a member of our community. You will have a Studio Marketplace account that will allow you to buy designs from a growing number of artists. You may also register as a seller which will allow you to sell your designs in the Studio Marketplace.
The Studio Marketplace site is a platform that allows members to buy and sell licenses to use digital items like canvas designs, board art designs, pottery designs and much, much more. On the Studio Marketplace, buyers and sellers transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Studio Marketplace account, any transactions are logged in your account, which records the payments made by you to the sellers via the Studio Marketplace and by buyers via the Studio Marketplace to you.
The items on the studiomarketplace.com website are owned by the seller, not by us. The items on studiomarketplace.com are uploaded directly by the seller. We provide the platform; we do not take ownership of the items. When we say ‘we’, ‘us’ or ‘Studio Marketplace’ it’s because that’s who we are and we own and run the studiomarketplace.com site.
During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then unfortunately you will need to leave because your presence on and use of the Studio Marketplace is conditional on your acceptance to be bound by these terms and other policies on use of the site and our service.
We reserve the right to deny membership to the Studio Marketplace for ANY REASON. This may be based upon industry affiliation, geographic location and competitors to the Studio Marketplace.
How browsing and membership works
Browsing
You need to be 13 years or over to browse the Studio Marketplace site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Studio Marketplace web site.
Membership
You need to be 18 years or over to become a member to buy items.
Studio Marketplace Account: Membership is free! When you become a member, you get a Studio Marketplace account. Your membership will allow you to ‘buy’ (license) items from sellers and artists from their Studio Marketplace stores, participate in our online forums, and generally contribute to our Studio Marketplace site that helps people get creative. Membership also gives you the opportunity to become a seller by completing our online application.
Your responsibility: Identity and transparency of all user accounts is important to us. You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable, that means you cannot sell your account. You are responsible for any use of the studiomarketplace.com site including any activity that occurs in conjunction with your username and password. If you have a Studio Marketplace account keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
How buying items works
What you’re buying
License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a “use” license directly from the seller to use that item for the specific business the account is registered. This license is not transferable. The details of these licenses can be found with our Licensing Terms and will be considered part of this document.
The total price for an item on the Studio Marketplace is made up of the following charges:
- the list price: The price of the item sold on the Studio Marketplace set by the seller.
- Handling fee: In some transactions on the Studio Marketplace the total price may include a handling fee.
- Taxes: Some transactions on the Studio Marketplace site may be subject to tax that may be added to the price.
Transacting as a buyer
Terms of buying: When you buy a Studio Marketplace item you’re doing so on the following terms:
- you warrant to us and the seller that you have carefully considered the suitability of your chosen item
- you cannot cancel a completed purchase of an item
- we and the sellers do not promise that any particular item will continue to be available on the Studio Marketplace so you should download and save the item as soon as you buy it;
- once you buy or download an item and that item has been paid for, you acquire a non-exclusive single-use license to use the item under the terms set out in the license (non-exclusive means others might also license the same item; Single use means you can only use the license once.)
- the seller retains ownership of the item
- your relevant details will be provided to the seller of the item in order to facilitate the transaction, for example for invoicing and item support services;
- we have the right to enforce against you the terms of the license that you have acquired from a seller.
- You will not copy, distribute, modify or make derivative works of any of items purchased on the Studio Marketplace or use any of our intellectual property in any way not expressly stated in these terms.
Warranties we make
- We warrant that the Studio Marketplace will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the Studio Marketplace site.
Warranties the sellers makes
The seller of an item you buy warrants to you that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by the seller on the item preview page, as well as any item preview;
- they have the rights necessary to license that item on the terms of the licenses from the Studio Marketplace.
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer code, or malicious programs.
Taxes
Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes associated with your use of the Studio Marketplace wherever imposed. Your responsibility includes withholding tax if it applies. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Items with an incorrect price
Despite our reasonable efforts, items may occasionally be listed at an incorrect price. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Refunds
There is NO OBLIGATION to provide a refund or credit, especially in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you no longer need to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
If the item being sold is materially different then what is described you work with seller DIRECTLY through their storefront. The seller may provide you updated content, additional instructions and support. If the seller decides to issue a refund this will generally be done using the same manner used to make the purchase. You will be refunded using the same payment method in reverse. Any payment made to you will be under the rules of the payment method.
Given the nature of digital content, a refund or credit on a purchase is NOT GRANTED. If after you have attempted to work with the seller directly on your issue or if you believe one of the warranties given by the seller has been breached, you can request a refund to the Studio Marketplace. We will assess the refund requests on its merits and help provide mediation between the buyer and the seller.
Disputes lodged with payment agents
If, as a buyer via your Studio Marketplace account, lodge a dispute with a payment agent, this will result in locking your Studio Marketplace account until the dispute raised with the payment agent has been closed. We strongly encourage buyers to work with sellers directly first and then contact us directly to see if we can help resolve any concerns.
Also, we are not a bank or licensed deposit taker. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming a seller
If you want to get involved in our community as a seller remember that when you become a seller these terms will continue to apply, along with the Seller Terms you’ll sign up to as a seller.
Intellectual Property
What we own:
We own all the Studio Marketplace content that we have put on the studiomarketplace.com site (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the studiomarketplace.com site, and copyright, trademarks, design and other intellectual property on the Studio Marketplace. You will not copy, distribute, modify or make derivative works of any of our Studio Marketplace Content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own:
We do not own the items on the Studio Marketplace; our sellers do. Items are uploaded directly by the seller. We cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member designs or instructional material available on the Studio Marketplace do not infringe the intellectual property rights of a third party. Each seller provides promises to you directly when you purchase their item.
Copyright, trademark and intellectual property claims:
We respect the intellectual property rights of others and we require that seller do the same. If you believe that an item or member content infringes an intellectual property right, please contact both the seller on the infringing item and report the item to us at the Studio Marketplace through this online form.
Our use of your information
Privacy:
We respect your privacy. When you become a member to buy items on the Studio Marketplace you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Studio Marketplace site and their services, including marketing activities. See our Privacy Policy for more details on this.
Confidential Information:
We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Studio Marketplace will be confidential. In fact, we promote transparency of the buyer and seller as much as possible including published social media links and other identity-verification methods. We can’t promise that any information you provide to us is perfectly secure. While using the Studio marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Studio Marketplace to any other person.
Playing fair
Prohibited Conduct:
As many sellers on the Studio Marketplace can also be artists who also run their own studios we recommend that you incorporate your studios social network information available through your studiomarketplace.com storefront while keeping personal contact details private. Personal contact details made public on the Studio Marketplace or in any public communications via the Studio Marketplace site should be avoided. Personal contact details include your personal email address, street address and phone number. If you do, you do so at your risk!
Content removal:
We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorized, misleading, incorrect, offensive, infringing copyright and third party intellectual property, or in breach of anyone else’s rights, or if we think that your use of the Studio Marketplace and any content might result in liability to us or anyone else.
Community participation:
We take great pride growing our community—it’s part of what makes the Studio Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on the Studio Marketplace, please read the Community Policy as you agree to follow them as part of these terms.
It is also not acceptable to use the Studio Marketplace site, services, or post products that promote any Adult/Offensive content, hate speech, defamation, incitement to violence, bullying or harassment and anything exploitative of children.
We may, in our absolute discretion and without notice request that you immediately remove the content which we view is NOT acceptable, suspend or terminate any accounts you have with us and in serious cases such as those involving illegal activity, report you to the appropriate authorities.
Linking to the Studio Marketplace:
We’d be delighted if you decide to link to the Studio Marketplace from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on the Studio Marketplace. That includes no “in-line” linking methods resulting in images hosted on the Studio Marketplace being displayed on other sites. You must not “frame” any Studio Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Studio Marketplace be discontinued, and to revoke your ability to link to the Studio Marketplace.
Links from the Studio Marketplace:
The Studio Marketplace site may contain links to other non-Studio Marketplace sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
Legal Housekeeping
Eligibility, suspension or termination
Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide if your use of the Studio Marketplace complies with these terms and our policies. We can suspend or terminate your Studio Marketplace account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable on the Studio Marketplace;
- breach any of our policies
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm
- We may deny your application or discontinue your use of the Studio Marketplace based upon competition generated by the sale of goods in an area where a seller is established.
If we do decide to permanently terminate your Studio Marketplace account you must not apply for a new account, assume a false identify, or purchase through another agent as unfortunately you will no longer be welcome in our community.
Liability and indemnity – between us and buyers
We provide the Studio Marketplace sites and the platform services, not the items on the Studio Marketplace site.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the Studio Marketplace and any content you post to the Studio Marketplace (including, if you are a seller, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on the Studio Marketplace;
- information provided by sellers about their items (including on any item page); and
- your use of items from the Studio Marketplace.
Our liability to you in connection with the Studio Marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the greater of $100 US Dollars.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity – between sellers and buyers
Each seller grants to each buyer of the sellers items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the seller of the claim and gives the seller the option to control the defense of the claim (at the sellers cost), then the seller will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the seller regarding that claim.
The liability of each seller to their buyers is otherwise limited, for each item purchased, to the sellers earnings from the payment for that item, except to the extent that the sellers liability arises from willful misrepresentations made about the item.
Availability:
We strive to have the Studio Marketplace available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the studiomarketplace.com site, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the Studio Marketplace works. The Studio Marketplace will not be liable to you for any loss you suffer as a result of these things.
Third Party:
If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
Consumer laws:
In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and sellers are bound only by the express warranties made in these terms. Our liability and each sellers liability for breach of a non-excludable consumer guarantee is limited, at our or the sellers option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
Blocking a member, disabling an account or refusing to process a payment
We may block you, terminate your Studio Marketplace account or refuse to process a payment if we reasonably believe there is a risk associated with you, your Studio Marketplace account, or that payment, including if it breaches a law or regulation.
Relationship between the parties
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the sellers only for the limited purposes of facilitating payments, the sellers providing warranties to buyers to limit the sellers liability to buyers and the disclaimer of sellers’ liability to buyers.
Notices
Any notice you send us must be submitted online to us. Any notice we send to you will be emailed to your Studio Marketplace account email address.
Changes to Studio Marketplace Terms
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can close your Studio Marketplace Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use the Studio Marketplace site after the changes are made, then you will be agreeing to the changes.
Interpretation
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Applicable Laws
We control and operate the Studio Marketplace from our offices in Brookfield, CT. The laws of the Connecticut govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Seller:
a member who makes items available for sale on Studio Marketplace.
Buy:
includes downloading an item that is made available for a fee on Studio Marketplace that is purchased by you.
Buyer:
a person who ‘buys’ items on Studio Marketplace.
Buyer fee:
the fee for the services buyers get from Studio Marketplace item quality control and other related buyers’ services.
Studio Marketplace:
Studio Marketplace is a DBA of My Studio Engine LLC
Studio Marketplace content:
is all the content that we have put on Studio Marketplace and includes the design, compilation, and look and feel of the Studio Marketplace, and copyright, trademarks, designs and other intellectual property on the Studio Marketplace (unless otherwise stated and excluding content owned by others like artist content).
Studio Marketplace:
When we refer to the ‘Studio Marketplace’ we’re talking about the Studio Marketplace digital marketplaces, which includes http://studiomarketplace.com
Studio Marketplace account:
What you receive when you become a Member which gives you access to Studio Marketplace
Items:
Digital goods found on the Studio Marketplace
List price:
The price you see on an item page on the Studio Marketplace.
Member:
A person who signs up by creating an account and accepting these terms.
Payment method:
Any payment agent or method we make available on the Studio Marketplace.
Total price:
The price the buyer will pay in total, which consists of the item price, buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed.
Your content:
Everything that you post on the Studio Marketplace, or send via the Studio Marketplace to other members and to us including items, files, communications and materials.
