Writer: A person or entity approved by Art Urbane as a Creative Writer. In this Agreement, Writer is defined by current and post-current enrollment status.
Network Marketplace Service or "Service" or “Network”: Art Urbane's online, creative membership platform and eCommerce marketplace.
Products: Items meant for sale on Art Urbane in the categories of fine art, design, jewelry and fashion accessories.
Artist: An individual or entity that makes a Product.
Agreement: Refers to this Creative Writer Terms of Service
Description: The Service is a creative writer platform, where under the supervision and approval of Art Urbane, Writer submits stories about artists and designers in the area of fine art, decorative design and furniture, jewelry and fashion accessories.
Compensation Structure: Writer shall receive 5% commission from gross profits, after shipping costs, from the sales of Products by an approved Artist submitted by Writer to Art Urbane, up to and not to exceed $2,000. Gross profit is defined as all profits after costs of goods sold, where operating expenses, payment of all executive salary and Art Urbane commission is excluded.
Pay Periods: All monies in which Writer is entitled to receive a share as determined above, which are received by Art Urbane, shall be paid to Writer either within a few days of a sale of Product or on the 1st day of the following month. Notwithstanding the foregoing, Art Urbane shall only pay commissions on transactions after Art Urbane receives its entire commission/fees related to such transactions.
Termination: Art Urbane retains the right to terminate a Writer’s account at anytime. Art Urbane may select to train Writer on finding products in line with the quality and aesthetic guidelines of Art Urbane in lieu of Art Urbane electing to terminate this Agreement. Upon Termination, Writer will retain rights to the Compensation Structure delineated above as it pertains to all approved Artists Writer adds to Art Urbane.
Equal Opportunity Statement: Art Urbane provides equal opportunities (EEO) to all Writers and applicants for regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, amnesty or status as a covered veteran in accordance with applicable federal, state and local laws. Art Urbane complies with applicable state and local laws governing nondiscrimination in every location in which the company has facilities.
Art Urbane expressly prohibits Writers from any form of unlawful harassment based on race, color, religion, gender, sexual orientation, national origin, age, genetic information, disability or veteran status. Improper interference with the ability of Art Urbane Writers to perform is absolutely not tolerated.
Complaint Process: Writers who believe they have been the victims of conduct prohibited by this policy statement or who believe they have witnessed such conduct should discuss their concerns immediately with Art Urbane.
Art Urbane encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, although no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.
If a party to a complaint does not agree with its resolution, that party may appeal to Art Urbane's Human Resources department by way of email to firstname.lastname@example.org. False and malicious complaints of harassment, discrimination or retaliation may be the subject of appropriate legal action.
Confidentiality: Our clients and other parties with whom we do business entrust the company with important information relating to their businesses. It is our policy that all information considered confidential will not be disclosed to external parties or to Writers without a “need to know.” If a Writer questions whether certain information is considered confidential, he/she should first check with Art Urbane.
This policy is intended to alert Writers to the need for discretion at all times and is not intended to inhibit normal business communications.
Conflicts of Interest: Writers must avoid any relationship or activity that might impair, or even appear to impair, their ability to make objective and fair decisions when working with Art Urbane. At times, a Writer may be faced with situations in which business actions taken on behalf of Art Urbane may conflict with the Writers’s own personal interests. Company property, information or business opportunities may not be used for personal gain.
Conflicts of interest could arise in the following circumstances:
Being employed by, or acting as a consultant to, a competitor or potential competitor, supplier or contractor, regardless of the nature of the employment, while a Writer with Art Urbane and sharing proprietary company information.
Serving as a board member for an outside commercial company or organization that is a potential competitor.
Owning or having a substantial interest in a competitor, supplier or contractor.
Accepting gifts, discounts, favors or services from a customer/potential customer, competitor or supplier, unless equally available to all Writers.
Writers with a conflict-of-interest question should seek advice from Art Urbane management. Before engaging in any activity, transaction or relationship that might give rise to a conflict of interest, Writers must seek review from an executive at Art Urbane by contacting email@example.com.
Electronic Communication & Behavior on the Network: The following guidelines have been established for using Art Urbane's Service and online behavior in an appropriate, ethical and professional manner:
The following actions are forbidden: using disparaging, abusive, profane or offensive language; creating, viewing or displaying materials that might adversely or negatively reflect upon Art Urbane or be contrary to Art Urbane’s best interests; and engaging in any illegal activities, including piracy, cracking, extortion, blackmail, copyright infringement, and unauthorized access using an Art Urbane online affiliation.
Correspondence with artists through e-mails are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending e-mails to artists and designers or other Writers.
Social Media—Acceptable Use: Below are guidelines for social media use.
Writers may not post financial, confidential, sensitive or proprietary information about the company, clients, employees or applicants.
Writers may not post obscenities, slurs or personal attacks that can damage the reputation of the company, clients, employees or applicants.
Art Urbane strictly monitors all activity on the Network. Policy violations may result in termination of this Agreement and legal action. If Art Urbane’s business reputation is affected by Writer’s actions, Art Urbane shall seek retribution in court.
Limitation of Liability: Representatives act independently and are not employees or independent contractors of Art Urbane. As such, neither Artist, on the one hand, nor Art Urbane or its suppliers or Writers or other Artists, on the other hand, shall be liable to the other or any third party for (I) any indirect, special, incidental or consequential damages of any character arising our of the use of or inability to use the Art Urbane service or any information provided on the Art Urbane website or any other hyperlinked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Art Urbane has been advised of the possibility of such damages or (II) any claim attributable to error, omissions or other inaccuracies in the web site or any hyperlinked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply. In such jurisdictions, a Party's liability is limited to the smallest amount permitted by law. This paragraph will survive the failure or any exclusive or limited remedy. You agree that Art Urbane, although the provider of the service, has n responsibility or liability as a result of placement of authorized Links to your website, from Representatives.
Governing Law: This document shall be interpreted and construed according to the laws of the State of California.
Consent to Jurisdiction: Any lawsuit based upon any case of action arising between the parties whether under this agreement or otherwise, shall be brought in the court of record in Los Angeles, CA and each party consents to the jurisdiction of these courts in any legal proceeding, and waives any objection which they may have to venuing any legal proceeding in these courts, including any claim that the legal proceeding has been brought in an inconvenient forum.
Warranty: Except as otherwise explicitly set forth herein, Art Urbane makes no warranties, express or implied, concerning the procedures and operations covered by this Agreement or any Agreement with Writer including, without limitation, any warranty or fitness for a particular purpose, of sales, or against infringement. Writer hereby waives any claim (including any claim based on strict or absolute liability in tort) that it may have against Art Urbane, except that Art Urbane shall be responsible for the payment of Writer’s share of any sale proceeds and is not released from the payment thereof.
Personal Guaranty: By checking the box "I Agree" on the Writer registration page, each party hereto unconditionally and absolutely guarantees the full, faithful and prompt performance by the named applicant of all the terms and conditions of this Agreement and any or all other agreement(s) or contract(s) hereafter executed by the parties.