Terms of Service

Introduction

It is essential all Emporium users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on Emporium. Respecting other people’s intellectual property is an essential principle of Emporium’s community.

Displaying your work on Emporium puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Emporium.

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Emporium website at emporium.vu(“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Emporium (“Emporium”, “we”, “us”, “our”) and use of this website indicates acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and your continuing use of the website will be taken to be acceptance of the new terms.

Our service

Emporium provides a range of services (the “Emporium service”) including but not limited to, enabling you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of Emporium’s product fulfillment service including payment processing, transaction handling, product manufacturing and customer service. Any content that you upload into the creator section of your account is described as your “art”. Your art may be viewed by all users of the website once you upload it. If you or a customer decides to place an order, Emporium will manufacture and deliver the physical product in the form specified by you or the customer (“the product”).

Members

A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website. Emporium reserves the right to refuse any person that it decides at its sole discretion from becoming member.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the Emporium website or in the course of delivering the Emporium service.

Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.


Putting content on Emporium

You keep the copyright of any content you submit or upload to the website. In order to receive the Emporium services you grant Emporium a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the Emporium website you represent and warrant that:

  • you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content.
  • you license Emporium to use and sub-license the content in accordance with this agreement;
  • you and your content do not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
  • you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
  • your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable

Emporium reserves the right to remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise

Any member may offer their art for sale on the website by appointing Emporium to facilitate the transaction on the terms set out in the Services Agreement in Appendix A.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by logging into your account, clicking on the hyperlink titled ‘Cancel Account’.


APPENDIX A – Service Agreement

You appoint Emporium (“Emporium”, “we”, “us”, “our”) as your non-exclusive agent to market and sell your art and manufacture and deliver a physical product (“your product”) once an order has been made through emporium.vu (“the website”). Emporium accepts the appointment as agent, on the terms set out in this Service Agreement.

  1. Agency Appointment

    1.1 You appoint Emporium as your agent to market to and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products (“appointment”) and we accept the appointment and will carry it out with regard to your interests.

    1.2 The appointment is valid from the date of this Service Agreement until termination in accordance with its terms.

    1.3 You agree that Emporium is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.

  1. License

    2.1 For the duration of the appointment, you grant Emporium a non-exclusive royalty free license to use your intellectual property in your products for the purpose of enabling us to carry out the appointment.

  2. Sale of your products

    3.1 The retail price charged to customers who purchase your product is made up of the base price, your creator margin (“your margin”), and postage and handling fees. The base price is the fee Emporium charges to manufacture the product (inclusive of tax). When making each individual work available for sale you are able to select any fixed markup you wish, greater than or equal to 0, above the base price. The markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.

    3.2 You may change the markup above the base price at any time by changing your selection on the website. We may change the base price at any time without specific notice to you. The retail price will not change on an individual sale after a customer has submitted an order to the website.

    3.3 Emporium will send you an email to the email address you registered in your account after an order has been placed for your products.

    3.4 You agree that Emporium makes no representation that it will be able to procure an order for your products at the retail price or at all, nor that you will obtain any benefit by making the appointment and entering into this Service Agreement.

  1. Payment terms

    4.1 You authorize Emporium to collect, hold and distribute the retail price and postage and handling fees (“sale proceeds”) from customers on the terms set out in this clause 4.

    4.2 You authorize Emporium to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.

    4.3 If your elected payment method is by direct bank transfer or PayPal transfer then Emporium will pay this amount to you within 7 days of your request.

    4.4 Emporium will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure Emporium has current details of your postal address and bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Emporium of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.

  1. Taxation responsibility

    5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Service Agreement.

  2. Indemnity

    6.1 You hereby indemnify and will keep Emporium indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Service Agreement or arising out of your willful act, neglect or default in the performance of such obligations.

    6.2 This clause 6 will survive the termination of this Service Agreement.

  1. Limitation of liability

    7.1 In no case will Emporium be liable for any consequential loss or damage suffered by you arising from the appointment from this Service Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

  2. Terminating this service agreement

    8.1 You can give notice of termination of this Service Agreement by closing your account in the method described in the User Agreement above.

    8.2 Emporium may give notice of termination of this Service Agreement to you at any time.

    8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Service Agreement. Termination of this Service Agreement will take effect once these transactions have been completed.

    8.4 Upon termination of this Service Agreement by either party, Emporium will pay you any accrued member margin proceeds from your account.