Terms and Services

1. Welcome

Welcome to Art Launch! We’re excited to have you on board! The following will disclose our terms of use and privacy policy (the “Terms”). The Terms are a legally binding agreement between you and Art Launch (“We”, “Us”). By using the Art Launch website and its services(solely or collectively known from hereon as the “Site”) – whether for selling, buying, or just browsing – you are agreeing to the Terms and our Privacy Policy (see Section 3). We reserve the right to change the Terms at any time.

2. Artist and Customer Accounts

You must be 18 or older to create an account and use this website. An account does not need to be created to browse the Site. However, you will need to create either an artist account or a customer account to use the services on the Site (mission submissions, placing a pre-order, etc.). To create an account you must be 18 or older, or old enough to form a binding contract based on your location. Proof of age may be required. Information provided during account creation must be accurate and complete. Do not provide information that is not your own (don’t pretend to be someone else) or choose names that are offensive or in violation of anyone’s rights. We reserve the right to cancel your account if you fail to comply with these rules. You are responsible for your account, the activity on it, and for keeping your password confidential.

3. Privacy

We understand that your personal information is important to you. Please read our Privacy Policy below:

Information Collection and Use

Art Launch collects information (such as your name, shipping and billing

address, credit card number, email address, etc.) from you that we need to:

-process your order

-provide you with member support

-allow you to use the community forums

-send you newsletters and other communications (mission information,

special offers, etc.)

-issue commission payments (artists)

Use of Cookies and Web Beacons

Art Launch will set and access our own cookies on your computer to allow you

to make purchases and interact with the site. We also use web beacons to

gather anonymous, aggregated statistical information (i.e. unique hits, page

views, etc.) about our website traffic.

Information Sharing and Disclosure

Art Launch may share information collected by us with third parties to help

process your order (e.g. shipping companies, credit card processors, etc.) or

to provide statistical and demographic analysis or measure advertising

effectiveness for Art Launch to help us and our business partners provide you

with better services and offerings. Data is collected and your information will

be shared with third parties for targeted advertising.

Art Launch will not share, rent, lease, or sell your personal information (e.g. your email address, your credit card information, your name, your address, etc.) to any third party for their independent use or benefit. However, in the event that Art Launch is acquired by or sold to another company, we reserve our right to include your personally identifiable information among the assets transferred.

4. Missions

Missions will usually launch once a week on Friday. Day of mission launch and duration is subject to change, and can do so without notice.

For Artists:

Information on upcoming missions (mission brief) will be released and made

available to artists no less than one week prior to mission pre-launch. Briefs

will contain information regarding commission percent for said mission,

product specifications, instructions for submission, etc. Artists must follow the

submission instructions and may be required to provide the mockup for their

submitted product. We reserve the right to delete a submission if instructions

are not followed for the submission or mockup process. Artists can submit an

unlimited number of designs for each mission. Submissions will be subject to

a pre-launch period. During this time, each submission is provided the

opportunity to achieve a specified number of pre-sales (this number is

determined on a per mission basis and can change from mission to mission).

If the submission does not reach the specified number of pre-sales during

pre-launch, it will be cancelled. Submissions that achieve the specified number or

more will then launch and go live for the rest of the week (or designated time

frame). Artists are responsible for promoting their submissions. The artist will

receive a commission per sale. Please see Section 5 regarding Fees and

Commissions.

For Customers:

Customers will be able to pre-order items starting with the pre-launch.

Customers will not be charged until the mission launches (goes live). If the

mission does not achieve its sales goal during the pre-launch, the mission will

be cancelled and the customer will not have been charged. Once the mission

has achieved its goal and launches, the product is then expected to be

produced and the payment method provided by the customer will be charged. We

don’t anticipate any goods set for production to not be produced, but if this happens

you will receive a full refund back to the payment method used for the order.

The customer will provide payment information at the time of the pre-order but

they will not be charged until the mission has reached its goal during

pre-launch. In some cases we’ll reserve the charge on your card. Art Launch

and its payment partners may authorize or reserve a charge on your credit

card (or whatever payment method you use) for any amount up to the full

price, at any time between the pre-order and the collection of funds. You can cancel

or change your order (pre-order) at any time until the last 24 hours of the mission.

We can not accept changes or cancellations during the last 24 hours of the

mission. We will send a shipping notification once the product from a completed

mission has shipped. The Estimated Shipping Date is only an approximate date.

5. Fees and Commissions

There is no fee to submit a design for a mission. The artist will receive a

commission per sale if the product achieves its sales goal during pre-launch. If the sales goal is not met during pre-launch, the submission is cancelled and the artist does not receive a commission for that design. This commission is based on the product (we take into account manufacturing costs, packing labor, etc.) and will vary per mission. For example, if the asking price for the item is $10, and the stated commission is 20%, then the artist will receive $2 per sale (AFTER the pre-launch goal is reached). Once an artist enters a submission for a mission, they are agreeing to the commission stated for said mission. The artist is required to provide accurate payment information so we can issue payment when due.

6. Respect Others and the Site

We think you’re cool! We respect our artists and our customers, and we expect you to give each other (and us) that same respect. As stated in Section 2, you must be 18 or older to use this Site. If you’re 18 or older, you’re an adult so please act like one.

-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 in comments or forums. Don’t post information you know to

be false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.

-Don’t harass or victimize anyone. Don’t post anything threatening, abusive,

defamatory, obscene, 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 Art

Launch or another party).

-Don’t try to interfere with the proper workings of the Site.

-Don’t bypass any measures we’ve put in place to secure the Site.

-Don’t try to damage or get unauthorized access to any system, data,

password, or other information, whether it belongs to Art Launch 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 Art Launch in an effort to

access things like source code, underlying ideas, or algorithms.

7. Our Responsibilities and Rights

Once a mission is successful, Art Launch will be responsible for the production of the product (either in house or outsourced to a third-party) and fulfillment of the order. We have the right to halt or cease production if we deem it necessary. We will provide an Estimated Ship Date for the orders, however, Art Launch is not bound to that date. Art Launch is not responsible for the success or failure of an artist’s submission. We do not endorse or promote artists (unless otherwise noted for a specific reason). It is the artist’s responsibility to ensure the success of their submission. We do not oversee mission performance, user comments, or forum threads. We do not mediate disputes between users. Art Launch is not liable for any damages or losses related to your use of the Site. When you use the Site, you release Art Launch 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 Site. All content you access through the Site is at your own risk. You’re solely responsible for any resulting damage or loss to any party. In addition, Art Launch reserves the following rights:

-We have the right to reject, delete, edit, remove or suspend any submission at any

time for any reason.

-We can cancel an order or pre-order at any time for any reason.

-We have the right to cancel accounts (artist or customer), and determine who is

eligible to use Art Launch. We can update our eligibility requirements at any time. If

any of this is prohibited by law where you live, then we revoke your right to use Art

Launch in that jurisdiction.

We have the right to make changes to the Art Launch website and services provided at any time without notice or liability. We are not liable for any damages caused by the aforementioned actions. It is our policy to not comment on reasons behind any such action.

8. Intellectual Property

Art Launch does not own your any of the designs you submit for missions (your “Content”). However, we do need certain permissions from you, the artist, in order to launch and complete missions. By submitting your Content for a mission (regardless of acceptance), you are agreeing to the following:

-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,

sublicensable, 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 Art Launch 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 Art Launch’s hosting of that Content.

-You promise that if we use your Content, we’re not violating anyone’s rights or

copyrights. If Art Launch 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 designs you submit. 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. Art Launch will not be liable for

any errors or omissions in any content.

As for us, Art Launch’s content is legally protected in various ways. We do allow you to use it for certain personal intent, but not for commercial purposes. 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.

Art Launch grants you a license to reproduce content from the Site for personal use only. This license covers both Art Launch’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) We do not allow the use, reproduction, modification, distribution, or storage of any of this content for a commercial purpose. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

9. Third-Party Websites

Art Launch may contain links to other websites. For example, user profiles and comments may link to other sites. When you access third-party websites, you do so at your own risk. We do not control or endorse those sites. Art Launch partners with other companies (such as Paypal and Stripe) for payment processing. When you place a pre-order/order or submit a design for a mission, you’re also agreeing to the payment processor’s terms of service.

10. Warranty

You use our Site solely at your own risk. It is provided to you “as is” and “as available” and without warranty of any kind, express or implied.

ART LAUNCH 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 ART LAUNCH SHALL CREATE ANY WARRANTY.

11. Indemnification

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 Art Launch. 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.

12. Liability

If your using Art Launch results in a negative situation of any kind, we are not liable.

To the fullest extent permitted by law, in no event will Art Launch, 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 Site; (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.