JaRose Arts
STATEMENT OF UNDERSTANDING (online version)
Version 3.0- January 20th, 2001
This statement of understanding is to assure that both parties know exactly what is expected of each other. You will need to agree to this document in its online form before any of your items or art will be published and/or sold on/to the JaRose Arts website. It is important that you read and completely understand this document before you register. It is recommended that you save a copy of this page/document for future reference.
This is an understanding between JaRose Arts and the artist.
It is UNDERSTOOD between JaRose Arts and the artist, owner and/or person who submits (artist, owner and/or person who submits or handles any item shall be hereby referred to as "artist" )that....
1. JaRose Arts shall not be held responsible, liable, or accountable in whole or part for the content of the items that are submitted and/or published and/or sold on the JaRose website. The artist takes full responsibility for the content, views or display of his/her items. The artist holds JaRose Arts harmless for any damages that may arise now or anytime in the future. The artist understands that it is required to ship any item(s) to JaRose Arts via registered and insured mail, and take all precautions necessary to prevent the damage of any items shipped to JaRose Arts. Any claims, damages, costs, or liability issues that arise as a result directly or indirectly from the artists failure to properly ship, insure and/or handle the item(s) to or from JaRose Arts are the sole responsibility of the artist.
2. JaRose Arts shall not be held liable in whole or part for any damages that may be incurred directly or indirectly, to any party for the content, inferred interpretations or beliefs the items may display for any of the items that are submitted and/or published and/or sold on the JaRose website. The artist holds JaRose Arts harmless for any damages that may arise now or anytime in the future.
3. JaRose Arts shall have sole discretion in determining what, if any items will be published for sale on it's website.
4. JaRose Arts reserves the right to remove any item from it's website at any time for any reason, and to move any item to any area of the website that it determines is in the best interest of the website.
5. JaRose Arts reserves the right to market, promote or solicit any of the items submitted for sale on it's website in any way that it deems appropriate, in any medium or place, until such time that the item is removed or sold from the website. The grants JaRose Arts the right to use the artist name and/or likeness in association with or including any marketing, promotion, solicitation or other until such time that the item is removed or sold from the website.
6. The person who submits/owns the rights to the items reserves the right to remove his/her items from the website at any time for any reason, with 2 days written notification. The item will be removed within 48 hours of receipt of your request. The item will be marked immediately with a NON AVAILABLE flag upon notification of your intent to remove the item.
7. The person who submits the items will retain any copyright(s) on any and all items, but grants JaRose Arts the right to market, publish, solicit, and sell the item(s) for profit in whatever way JaRose Arts deems appropriate, for the time that the item remains published on the website.
8. JaRose Arts reserves the right to modify, crop, correct, re-shape, or edit any photograph of any item that is to be published to the website. JaRose Arts has sole discretion as to how the item appears on the website, and the final appearance of the item as sold. If the item is deemed inappropriate, misrepresented, or damaged upon receipt of JaRose Arts, the artist will be immediately notified of the situation and all efforts will be made to correct the problem(s) noted.
9. The person who submits the items MUST own the rights to the item that they are submitting. The person who submits the item will be considered the owner of that item, and will be paid in accordance with the terms outlined in the compensation agreement. All parties directly or indirectly related with submission of the item waive all other or additional compensation or moneys that may be earned, made, or given on the item while in custody of JaRose Arts, or published on the JaRose Arts website, and also waives any other moneys that may be earned in the future(i.e. royalties, ect.) from any items submitted except for the artists asking price. The only other exception to this will be auctioned items, with special compensation that is addressed in the other documents associated with registration. There will be compensation for the person who submits as the owner the item only, and will receive commission/compensation on only the items submitted by that person. If the person that submits the item(s) to JaRose Arts submits items that he/she does not own, or own the rights to, the person submitting the items waive all compensation earned on those items, and assumes full liability for these items in the future, and holds JaRose Arts harmless for any/all damages in whole or part in association with any of the items.
Compensation Rules
- Compensation will be given to the owner/person submitting the item for each copy of each item that is sold on the JaRose Arts website, that each person submits. No compensation is paid for any other persons items that are published on the website. Compensation is paid only on the items submitted on an individual basis, no compensation will be given to any party for any items that are not owned by the person submitting them. Compensation will be paid in the form of the owners asking price on each copy of each item sold. The sum that will be paid shall be the owners asking price, plus any additional sums that may be earned on the item via auction. Compensation will not be paid for any items that have been returned to JaRose Arts or the artist by the person purchasing each item. If compensation is paid to the artist, and the item(s) are returned to JaRose Arts or the artist, compensation shall be adjusted to reflect the compensation chargeback.
- Compensation that will exceed the original asking will only be paid if the item is sold higher than the original asking price (i.e. an auction). In this situation, it is understood that the artist shall receive 75% of the additional/excess/earned compensation, and JaRose Arts shall receive 25% of the additional/excess/earned compensation. This amount is determined by subtracting the amount received for each item, minus the final cost (final cost is defined as the owners asking price plus any commission that is added to that price) of the item as listed.
- There will be no compensation or commission for any item that is not published on the website. There is no compensation or commission for any item that is published on the website that does not sell. The items must be sold in order for any commission or compensation to be paid. JaRose Arts will not compensate any for any item(s) that do not sell. JaRose Arts will not compensate or reimburse any artist for any item that is returned for any reason. Any shipping, insurance, and/or handling costs for any items shipped to JaRose Arts are the responsibility of the artist, and are not reimbursed to the artist.
- Compensation shall be figured as to the total number of sales of each item on the website based on the calendar month (the 1st of each month, to the last day of each month). Compensation earned minus any fees/commissions and/or chargebacks shall be issued and mailed to the artist no later than the 5th day of the following month, in U.S. Funds only.
- Compensation will not be paid for any items sold outside the JaRose website, whether or not the item appears on the website. If the owner of the rights to the item markets, sells or otherwise distributes the items outside of JaRose Arts. JaRose Arts will not pay a commission or any other compensation on what is not ordered and sold exclusively through JaRose Arts and/or it's website.
10. JaRose Arts will not provide any bookkeeping, payroll, tax, or any other accounting service on behalf of, in assistance with, or in lieu of any other party, to or for the artist, owner, or person who submits the item. Any compensation earned or given to the artist is the sole responsibility of the artist to account for and report to the appropriate sources, agencies, or other. JaRose Arts shall not be held liable for any damages, fees, penalties, costs incurred, or other problems/situations incurred directly or indirectly as a result of compensation or commission paid to the artist. JaRose Arts will supply the artist with a monthly compensation sheet that will list in detail all items that were sold, how much they sold for, and total compensation that is paid to that artist during that month.
11. JaRose Arts reserves the right to modify the qualifications, terms, content, theme, or other options of it's website at any time.
12. JaRose Arts reserves the right to refuse to accept items to publish or sell, from any party that it deems necessary in the best interest of the website.
13. The artist or owner of the rights to the item MAY NOT enter into any separate agreement with any customer of the JaRose Arts website to purchase any item that is published on the JaRose Arts website. Any requests for information/clarification a customer asks for will be sent via e-mail to the artist through JaRose Arts. If it is determined that a customer will be, or does purchase the items outside of the JaRose Arts website, the artist/owner of the item may lose his/her option to keep his/her items on the website, and will also be responsible for compensating JaRose Arts for it’s lost commission on those sales, plus a 10% penalty.
14. JaRose Arts reserves the right to change it’s commission and/or fee schedule at any time, with 7 days written and/or e-mail notice to the artist.
15. The artist understands and agrees to be bound by, and agrees to pay and/or compensate JaRose Arts according to the terms listed in the fees and commission schedule. It is understood that any and all fees and/or commissions that are due and/or payable to JaRose Arts shall be paid to JaRose Arts immediately via compensation adjustment. Compensation may be withheld and/or forfeited for as long as necessary to cover the fees and/or commissions owed to JaRose Arts. The artist also grants a security interest in any items that JaRose Arts may possess to fully account for and/or make payable any moneys owed/charged/scheduled to the artists account.
16. In the event that JaRose Arts must take any legal action against any artist for the collection of any moneys due JaRose Arts, or any other reason, the artist shall pay all court costs, and all attorney fees associated with such legal action.
17. JaRose Arts shall have the right to terminate any registered contributing members membership at any time for any reason. In the event that a membership is revoked or terminated, this agreement remains in effect until all items in this agreement and any other fees/commissions due JaRose Arts have been paid in full.
18. The artist understands and agrees that all attachments ,and all signed or unsigned documents associated with registration submitted shall be considered as part of this agreement, and the artist shall be bound by all items listed in all the documents for as long as they are a registered contributing member, and/or any items remain published on the site, pending delivery, or delivered. Any modifications made to any of these documents must be in writing and agreed to by both parties.
19. It is understood that any artist will be classified as an independent contractor, and will operate as his/her own entity, identity and business, and is not considered an employee, associate or other classification within or by the JaRose Arts organization. It is understood that JaRose Arts will not be providing any benefits (i.e. insurance, vacation, sick pay, disability, ect.) to any artist at any time.
"I understand as the artist, owner or person submitting items to JaRose Arts the terms of this agreement, and agree to be bound by the terms in order to have my items published on the JaRose website. I certify that I am at least 18 years old on the date that I am reading this document, and am legally able in all capacities to enter into a binding legal document. I understand that by submitting any items to JaRose Arts, I am agreeing to and understand the terms outlined in all the registration documents. I understand that JaRose Arts will be marketing my items for profit, and understand completely the terms of my compensation, and any fees/charges or penalties that may be imposed on me and have read the financial documents that detail these items. I also understand that JaRose Arts may modify, change, alter, add, or delete any items in this agreement, and any revised copies will be posted and/or e-mailed to me."
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