Terms and Conditions
Last updated: January 26, 2015
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH OUR SITE OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Stew reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
In order to list a work on the Site or to make a purchase through the Site, you must first sign up with an account by clicking “Connect with Facebook” and accepting the requests or completing our registration process using your name and email. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member”. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Stew reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Stew of any unauthorized use of your Account.
Seller Terms and Conditions
Listing Works on the Site
As an Artist Member, you may submit as many artworks as you’d like for sale as prints. You may not submit works that you own by other artists. In order for your listings to be accepted, you must provide check “I am the artist and I agree with the Terms and Conditions” each time you submit a new image. Your listings must be accurate and complete and comply with our Seller’s Guide. You are responsible for preparing files that are of high resolution and ready for print. Stew declines images if they are not print ready. If you are a new Member you acknowledge that your listings may not be immediately searchable by keyword or category for 48 hours (or up to 76 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, tags and price.
You acknowledge that Stew reserves the right to promote and market prints through the use of discounts codes. The discount amount will apply to the listing price. You always retain the right to remove a listing from the site.
The cost of print production and/or market price may change, Stew reserves the right to adjust prices to adapt to changing market conditions.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all artworks that you make available through the site. Accordingly, you represent and warrant that:
1. you are the creator of all works of art that you upload and you are the sole and exclusive owner of all such artworks;
2. you grand permission for Stew to make available these images for the purpose of fulfilling orders and for the promotion of Stew both online and offline.
3. the artworks you upload will NOT infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit artworks, you hereby appoint Stew as an independent non-exclusive reseller with the right to sell prints through the site and on third party websites and you hereby grant Stew a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of your artwork. We shall have the right to access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of your work for the sole purpose of promoting Stew. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the artist revenue share (defined below), which is payable only upon the sale of your work via the online sales channel. To calculate how much you would be getting for each sale use our calculator here. Prices are subject to adjustment according to production costs with prior notice (this will be reflected in the calculator).
Prints may be purchased offline at our Hong Kong office and gallery. Find more information on our physical gallery here. We shall have the right to print and distribute the work that you submit at our physical space.
We may use your contact information for requests to showcase and sell your original artworks on our sister site Mischmasch — community of artist and art collectors.
For any sales of prints of your work, Stew will credit your Paypal account visible in the My Account dashboard according to the designated payment schedule.
If you decide to cancel your Membership, Stew will remit to you the remaining balance of artist revenue Shares in your Account, if any.
If you remove a listing, the license rights granted by you to Stew to produce, distribute and sell your work will terminate as of the date the listing is removed.
Purchaser Terms and Conditions
As a Buyer Member, you may purchase prints that are listed by other Artist Members on the Site. Prices will be listed on each item page. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. Stew will collect your billing and shipping information and process your payment through Paypal.
Stew reserves the right to cancel any order in its sole discretion if that item is out of stock, discontinued, or otherwise unavailable. We will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
All prices are listed in US Dollars.
Our offices are based in Hong Kong, where there is no Capital Gains tax. Income made through the sale of prints should be filled under “extra income” or the equivalent in your home country. All parties will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Stew uses our best efforts to display the colors of artworks via the site. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any prints.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the site. Feel free to send us feedback by emailing us at email@example.com. If you see any artwork or content that you feel violate our terms and conditions please let us know and it will be dealt with swiftly and privately.
You may not use the Stew and or its services to transmit any content which:
1. contains unlawful, defamatory, hateful, ethnically or racially offensive, obscene, lewd, libelous, harassing, abusive, threatening, or incites activity that could be considered criminal or tortuous, violates the rights of others or violates any law.
2. contains sexually explicit images or other content which is offensive or harmful to minors.
3. infringes any copyright or other proprietary rights, trademark or trade secret of any party
4. uses the site for the transmission of any unauthorized or unsolicited advertising, spam, junk mail, chain letters or any other form of solicitation.
5. utilizes a false name or identity or a name or identity that you are not entitled or authorized to use.
6. contravenes any application law or government regulation.
7. contain computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person, You acknowledge that Stew reserves the right to reject, refuse to post or remove any posting (including comments) by you, or to restrict, suspend, or terminate your access to all or any part of the Stew at any time, with or without prior notice, and without liability. Stew also reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the site if we determine at our own discretion that you pose a threat to Stew and/or its Users. You acknowledge, agree, and give permission to Stew that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Stew Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Stew, its Members, and the public.
Stew is protected by copyright, trademark and other laws. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site.
Stew respects copyright law and expects all its Members to do the same. We have absolutely NO TOLERENCE for copyright infringement. It is our policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The site may contain links to third-party websites or resources. You acknowledge and agree that Stew is not responsible or liable for:
1. the availability or accuracy of such websites or resources; or
2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Stew will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Stew reserves the right to revoke your access to and use of the site. In the event Stew terminates these Terms for your breach, you will remain liable for any amounts due hereunder.
You may cancel your Account at any time by sending an email to firstname.lastname@example.org
You agree to indemnify and hold Stew and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the site, your use of the website, your connection to the website, your violation of the Terms and Conditions, or your violation of any rights of another.
You are solely responsible for your interactions with other Stew Members. Stew reserves the right to monitor disputes between you and other Members, but we are not under obligation to do so.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE STEW WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STEW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. STEW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITE'S CONTENT OR THE CONTENT OF ANY SITES HYPERLINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)INACCURACIES OF CONTENT, MISTAKEN OR INTENDED (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STEW WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STEW WEBSITE. STEW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STEW WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. STEW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
REGARDLESS OF CIRCUMSTANCES STEW WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, THAT RESULT FROM YOUR USE OF THE STEW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF STEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE THAT STEW SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OBJECTIONABLE OR ILLEGAL CONDUCT OF ANY THIRD PARTYAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SITE, SERVICES, STEW CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STEW EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STEW MAKES NO WARRANTY THAT THE SITE, SERVICES, STEW CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STEW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STEW OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, STEW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. STEW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Stew via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms and Conditions, please contact us at email@example.com