Terms of use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING IHLET.COM AND SERVICES OFFERED BY IHLET, LLC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.IHLET.COM (THE "SITE") AND ALL SERVICES PROVIDED BY IHLET ON THE SITE.
This User Agreement applies to all users of IHLET.COM, including users who are artist, vendors, customers, merchants, content contributors, information and other materials or services on the Site. Please read the Terms of Use and User Agreement before using the site. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 
If you have any questions, please refer to the contact us section. This agreement is effective December 8, 2010.

1. IHLET Is An E-Commerce Platform

IHLET is an e-commerce platform that allows users to buy and sell a variety of art related products within a fixed price format. IHLET is not directly involved in the transaction between buyers and sellers.  As a result IHLET has no control over the quality, safety, morality or legality of any aspect of the items or products listed.  IHLET is not responsible for the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. IHLET does not screen users or the content or information provided by users. IHLET cannot ensure that a buyer or seller will actually complete a transaction. 
Consequently, IHLET does not transfer legal ownership of items from the seller to the buyer.
You agree that IHLET is e-commerce platform and is not responsible or will not be held liable for any content, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, vendors, other users, or outside parties on IHLET. Please use IHLET services at your own risk.

2. Membership Eligibility

  • Age: Members must be 18 years or older. All information submitted to the site must be accurate and truthful. IHLET reserves the right to refuse access to our site and can change its eligibility criteria at any time. 
    User under the age of 18 must be under the supervision of a parent of legal guardian at least 18 years of age in order to access or use IHLET services. In these cases, the adult is the user and is responsible for any and all activities.
  • Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
  • Password: You must keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.
  • Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on IHLET you must provide and maintain valid payment information such as a valid credit card or a valid PayPal account.
  • Account Transfer: You may not transfer or sell your IHLET account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
  • Right to Refuse Service: IHLET reserves the right to cancel accounts if it violates the Term of use or User Agreement. IHLET also reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

  • IHLET service charge is $19 a month.
  • Seller is responsible for all applicable local state tax on sales prices.
  • IHLET fees are subject to change with a 30 day notice prior to the effective date of fee changes. 
  • Service fee will be charged on the same date the account was opened. For example, if you open an account on the 15th of the month, your billing dates will be the 15th of every month.
  • A seller must pay the amount due in full within 5 days of the date of the invoice or account is placed on hold and will be removed from the site until pending balance is paid in full.
  • Fees and Termination: If IHLET terminates a listing or your account, if you close your account, or if the payment of your IHLET fees cannot be completed for any reason, you remain obligated to pay IHLET for all unpaid fees. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as termination of the account and other collection mechanisms (collection agencies).

4. Listing and Selling

  • Listing Description: You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your IHLET shop. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
  • Shop Policies: All sellers must outline shop policies for their IHLET shop. These policies may include shipping, returns, payment and selling policies. Sellers must create reasonable policies and must abide by such policies. All shop policies must comply with IHLET's policies. IHLET reserves the right to request that a seller modify a shop policy.
  • Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: the buyer fails to meet the terms of the seller's listing such as payment method, or the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
  • Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding IHLET transaction fees, misrepresent the item's location, or use another user's account without permission.

Receiving payments from items sold: When a product is sold the seller and IHLET will receive an email advising them that the seller has sold a product from the shop. The seller will receive a payment directly from the buyer to his or her PayPal account. The seller will then ship out the product to the buyer immediately.

5. IHLET Will Not Allow

You are responsible for your conduct, content and activities on IHLET.

Restricted Activities:

  • False or inaccurate information
  • Sale of illegal, counterfeit or stolen items
  • Discrimination
  • False advertising
  • Products hazardous to consumers and therefore subject to a recall
  • Obscene pornography or content containing child pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Post images not related to the listing

6. Content

License: IHLET does not claim ownership rights of your content. You grant IHLET a license solely to enable IHLET to use any information or content you supply IHLET, so that IHLET is not violating any rights you might have in that content. You grant IHLET the right to use images and graphics for advertising for the site or for use in the sites blog section. 
You grant IHLET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media now known or not currently known, with respect to your content. You agree to allow IHLET to re-format your content on IHLET and display your content on IHLET in any way IHLET chooses.

Re-Posting Content: By posting content on IHELT, it is possible for an outside website or a third party to re-post that content. You agree to hold IHLET harmless for any dispute concerning this use. If you choose to display your own IHLET-hosted image on another website, the image must provide a link back to its listing page on IHLET.

Blog Submissions: IHLET considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via IHLET.COM including blog related topics, design development, graphics, blog content etc.  You hereby grant IHLET full ownership of content submitted to the IHLET site and a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such material for any purpose whatsoever.

7. Resolution of Disputes and Release

Buyer must first contact the seller to resolve disputes. If dispute is not resolved with 10 days from the date buyer contacted seller for dispute then please contact IHLET. It is not the responsibility of IHLET to resolve disputes between users and outside parties. To the extent that IHLET attempts to resolve a dispute, IHLET will do so in good faith based solely on the policies that IHLET has stated herein.

8. Privacy

Except as provided in IHLET's Privacy Policy IHLET will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

9. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD IHLET AND (AS APPLICABLE) IHLET PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.