Additional Policies

Trademark Policy

1.– Basics

  1. A trademark is a word, symbol, device, name, etc. (basically anything) that identifies the source of particular goods and/or services.
  2. The phrase “Art of the Pet” and the Art of the Pet graphical logo are registered trademarks, trademarks, or trade dress of Art of the Pet, LLC, in the U.S..

2.– Using the Art of the Pet Marks

  1. We encourages the use of our marks as follows:
    1. Fair use. For example, commentary about Art of the Pet, whether the company or services.
    2. If the Art of the Pet marks are used, distinguish them properly from the text by capitalizing “Art” and “Pet.”
    3. Spell the marks correctly.
  2. We do not permit the following usage of our marks:
    1. Incorporating the Art of the Pet marks, or confusingly similar marks, into the name of a business, organization, non-profit organization, event, or trademark.
    2. Removing, altering, distorting, or modifying the Art of the Pet marks. This includes adding other terms to the Art of the Pet marks to create new words or marks.
    3. Using the Art of the Pet marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by Art of the Pet, LLC or that can reasonably be interpreted to suggest information comes from, or represents the views or opinions of, Art of the Pet, LLC or an Art of the Pet employee.
    4. Using the Art of the Pet marks in or on a product. If a person wishes to use the marks in this fashion, permission can be requested from Art of the Pet, LLC. Permission must be granted in writing. Verbal permission will be treated as though no permission has been granted.
    5. Using any trademarks, service marks, trade dress, designs, or logos that are confusingly similar to the Art of the Pet marks or the look and feel of the Art of the Pet website.
    6. Using the Art of the Pet marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law(s) or regulation(s).
    7. Using the Art of the Pet marks in a manner that is, in Art of the Pet’s sole opinion, misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene, or otherwise objectionable to Art of the Pet.

Shipping Policy

1.– Shipping Items

  1. You, as a Seller, are responsible for shipping sold items to Buyers. If a shipping or fulfillment service is used, you are still ultimately responsible for ensuring items are delivered to Buyers.
  2. By selling items on Art of the Pet, you agree to:
    1. Provide an accurate “ships from” address.
    2. Specify the shipping costs and processing times in the listing for the item.
    3. Ship items promptly once sold. This means to ship an item within 30 days of being sold, unless it is specified otherwise in the processing time or a different shipping period is agreed to directly with the Buyer.
    4. Comply with all local and international shipping and customs regulations.
    5. Ship to the correct address as listed by the Buyer.
    6. Mark the order as “shipped” once it has been shipped. If using an Art of the Pet shipping label, the item will be marked as “shipped” automatically. Only mark the item “shipped” once it has actually been shipped. Marking an item “shipped” will notify the Buyer.
    7. Charge an appropriate amount for shipping.
  3. If you provides tracking information to Art of the Pet, you are giving us permission to collect and share the tracking information with the Buyer.
  4. If an order does not arrive, you must be prepared to provide valid proof of shipping. This proof must show that the item was actually shipped and that it was sent to the address provided by the Buyer at purchase. If the Buyer does not receive their order, they should first contact the shop directly to resolve the issue. If the issue is unable to be resolved, the Buyer may file a case against the shop.
  5. You may be protected under Art of the Pet’s Seller Protection Program. Details on this program can be found in the Seller’s Protection Policy.

2.– Shipping Labels

  1. Sellers in the United States and Canada who accept Stripe or PayPal are able to use Art of the Pet Shipping Labels.
  2. By using Art of the Pet Shipping Labels, you confirm:
    1. All shipping labels will only be used to ship corresponding Art of the Pet orders.
    2. Shipping labels may not be transferred or sold to a third party.
    3. Each shop has a designated bill limit for creating shipping labels, which is based on recent bill history. If you reach your bill limit, you must pay your bill before creating more labels.
    4. We reserve the right to remove your access to Art of the Pet Shipping Labels at any time and for any reason.
  3. U.S. Sellers can purchase U.S.P.S., UPS, DHL, or FedEx shipping labels on Art of the Pet to fulfill orders. Use of these shipping labels is subject to the applicable rules established by the carrier.
    1. You may request refunds for these labels within ten (10) days provided the label has not been used to ship a package.
    2. Art of the Pet will notify you when the refund has been approved or denied by the appropriate company.
  4. Use of Canada Post shipping labels is subject to applicable Canada Post rules.
    1. You may request a refund for a Canada Post label within fifteen (15) days provided the label has not been used to ship a package.
    2. Art of the Pet will notify you when the refund has been approved or denied.

3.– Shipping Insurance

  1. When Art of the Pet Shipping Labels are used, you can purchase insurance to protect your shipments. Insurance is available through [company] for U.S.P.S., UPS, DHL, and FedEx shipping labels and through Canada Post for Canada Post shipping labels.
  2. If purchasing shipping insurance for any package shipped through any Art of the Pet Shipping Companies, U.S.P.S., UPS, DHL, or FedEx, you agree to the shipping company’s policies.
    1. If you needs to file a claim for packages insured by the Shipping Company, please follow the information located on the Shipping Company’s website.
  3. Insurance claims for packages sent using Canada Post labels are handed exclusively by Canada Post.

4.– Fees

  1. The cost of shipping an item depends on the origin, destination, weight, and dimensions of the package. Other features such as signature confirmation or insurance, will add additional fees to the total cost of shipping.
  2. All fees for shipping labels and insurance will appear separately on your Art of the Pet bill and will specify the name of the service provider and the shipping label number.
  3. For Canada Post shipping labels, the cost of the label, taxes, and insurance will appear separately on your Art of the Pet bill. The fees for the label will appear in Canadian dollars (CAD). The total cost summary will list label purchases in both CAD and U.S. Dollars (U.S.D). All final label charges will be listed in U.S.D.
  4. We reserve the right to true up any shipping charges in the case of inaccurate reporting of origin, destination, weight, or package dimensions. The true amount based on these attributes will be charged to the Shipper and is what will be listed on your Art of the Pet bill.

5.– API

  1. Third parties using Art of the Pet’s API are subject to the API Terms of Use.

Anti-Discrimination Policy

1.

  1. On Art of the Pet, discrimination based on the following characteristics is forbidden:
    1. Race
    2. Color
    3. Ethnicity
    4. National Origin
    5. Religion
    6. Gender
    7. Gender identity
    8. Sexual orientation
    9. Disability
    10. Or any other characteristic protected under applicable law.
  2. It is your responsibility to know your local laws and any other legal regulations on discrimination that may apply to you.
  3. Discrimination is not permitted in any form or via any use of the Services whether to sell items or use other parts of the Services. Some examples include:
    1. Refusal of service based on membership in one or more protected group;
    2. Derogatory or demeaning remarks against protected groups as listed in this policy or any other part of the Terms and Conditions;
    3. Racial slurs;
    4. Posts that support or glorify current or historical hate groups.
  4. If you think discrimination has occurred, please report the incident to [email] and it will be investigated. If you sees a listing on Art of the Pet which you believe violates the Prohibited Items Policy or any other part of the Terms of Service, such as this Anti-Discrimination Policy, please flag the item by using the “Report Listing” link on the listing page.
  5. Art of the Pet will review all reports in a timely fashion.

Requests for Information Policy

This policy does not constitute legal advice or a promise the Art of the Pet will respond in a particular fashion or respond at all. Art of the Pet reserves the right to deviate from these practices at any time. This policy is a part of the Terms of Use (the “Terms”) and use of the methods outlined in this policy constitute an acceptance of the entire Terms of Use. The Terms are a legally binding contract between a User and Art of the Pet, LLC.

1.– Member Records and Information

  1. Before contacting Art of the Pet for information, you should attempt to find the information through public means, such as an internet search, or directly from the Art of the Pet member.
  2. Some information about Users and Art of the Pet, such as a shop’s name, the publicly available name of the owner, and the shop’s policies, is available publicly via the shop’s page and can be viewed by any User at any time. Additionally, certain information is available to Account Holders by logging into their account such as purchase or sales records.
  3. More information about the records collected by Art of the Pet is detailed in the Privacy Policy.

2.– Valid Legal Process

  1. Except in emergency situations or situations consistent with the Terms, Privacy Policy, and applicable law, we requires valid and sufficient legal process, such as a subpoena or court order, to compel it to disclose records or information about an Account Holder or User.
  2. This legal process must contain enough identifying information to permit us to positively identify the specific Account. Simply providing information such as a common name does not permit Art of the Pet to positively identify a specific account. Therefore, legal process should include such information as an email address, transaction ID, username, shop name, or payment information.

3.– Serving Art of the Pet With Process

  1. All requests for Account Holder information must be made with valid and sufficient legal process. Art of the Pet may be able to expedite review of the request if a copy of the request and process is emailed to [email protected] in addition to providing proper legal service.
  2. Receipt of legal process by these means is for convenience only and Art of the Pet does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.
  3. As a U.S. based company, Art of the Pet, LLC may require that non-U.S. legal process be domesticated under a Mutual Legal Assistance Treaty (“MLAT”), letters rogatory, or section 1782 of the U.S. code, as appropriate.

4.– Emergency Situations

  1. If the request for information involves an emergency involving a danger of death or serious physical injury to a member of the Art of the Pet community or any member of the public, please contact local law enforcement. If a law enforcement officer is seeking information relating to such an emergency, they should please email [email] from their official email address and provide the following information:
    1. Name and title, the government agency they work for, and their full contact information (including official email address, and phone number);
    2. A summary of the facts about the emergency, including how the situation poses a danger of death or serious physical injury to an Art of the Pet Account Holder or any person;
    3. The identity of the people who are in danger;
    4. The specific records sought and how they relate to the emergency; and
    5. Why legal process cannot be obtained and the records must be disclosed without delay.

5.– Notice

  1. When Art of the Pet receives legal process seeking records or information about an Account Holder, we may provide notice to that Account Holder, including a copy of the legal process. We may also allow the Account Holder enough time to appear and object to the legal process in court, if necessary.

6.– Requests for Testimony

  1. We do not provide expert witnesses for trial or deposition. When Art of the Pet produces records, it provides a standard records custodian declaration of authenticity. A live testimony by a records custodian is unnecessary because the records are self-authenticating.

7.– Cost Reimbursement

  1. We may seek reimbursement of our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.

Minors Policy

Art of the Pet’s Terms of Use (the “Terms”) require all Account Holders to be at least eighteen (18) years of age. Individuals under the age of eighteen (18) are considered minors. Minors under the age of thirteen (13) are not permitted to be Users of Art of the Pet.

Minors under eighteen (18) and at least thirteen years of age (13) are permitted to be Users of the Services only if they have appropriate permission and direct supervision of their parent or legal guardian. The parent or legal guardian must be the Account Holder.

The Account Holder is responsible for any and all account activity conducted by a minor on their account.

1.– Accounts

  1. All minors over thirteen (13), both Buyers and Sellers, must follow these policies:
    1. Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian.
    2. The parent or legal guardian must be the Account Holder.
    3. All financial information on the account, such as a credit card or PayPal account, must be that of the parent or legal guardian.

2.– Selling

  1. Minors over thirteen (13) who wish to sell on Art of the Pet must follow these additional policies:
    1. Disclose all members of the shop, including the parent or legal guardian who owns the account, in the “About” section of the shop;
    2. All billing information must belong to the parent or legal guardian responsible for the account;
    3. If using Art of the Pet payments, the parent or legal guardian must register using their information.

Intellectual Property Policy

1.– General Policy

  1. We will respond to reports of infringement in a timely fashion. When proper notice of infringement on intellectual property is received, we will remove or disable access to the allegedly infringing material.
  2. When material is removed or access is disabled, we will make a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. We may also provide a copy of the notice to the allegedly infringing party.

2.– Counter Notification

  1. If we receives a DMCA counter notification, the removed material may be replaced or access to it may be restored ten (10) business days after receipt of the counter notice, unless the copyright owner files an action seeking court order against the allegedly infringing party and informs us of this action.
  2. Art of the Pet will send a copy of the counter notice to the original complaining party.

3.– Repeat Infringement

  1. We reserve the right to terminate account privileges of Account Holders that are the subject of repeated notices of intellectual property infringement.

Electronic Communications Policy

1.

  1. We will sometimes need to send you important messages about your use of Art of the Pet’s Services. This policy covers all messages sent, including the Terms, policies, and user agreements applicable to your specific use of the Services, as well as billing statements, transaction information, privacy disclosures, tax statements, legal documents, and any other documents that may be provided to you electronically (collectively, the “Electronic Communications”).
  2. By using the Services, you agree to this policy in addition to all other Terms. Under this policy, your give your consent for Art of the Pet to provide the Electronic Communications (including all legal terms and legally-required disclosures) electronically. You also agree that agreement with electronic terms and disclosures has the same legal effect as if an agreement were signed on paper.
  3. We may provide Users with the Electronic Communications through multiple means.
    1. Email sent to the email account listed in the Account Holder’s account;
    2. Posting the Electronic Communications on the Art of the Pet website or mobile applications; or
    3. Making the Electronic Communications available via a website designated in an email notice sent to you.
  4. In order to receive Electronic Communications, you must have the following:
    1. A computer or mobile device;
    2. A connection to the internet;
    3. An internet browser that supports 128 bit encryption, with cookies enabled;
    4. An active email address; and
    5. Sufficient electronic storage space on their computer’s hard drive or other data storage unite and/or an installed printer to print disclosures.
  5. Consent to receive Electronic Communications can be made at any time and must be made in writing. The written request must be sent to:
    1. Art of the Pet, LLC
      Attn: Legal
      PO Box 52306
      Denton, TX 76206
    2. Withdrawal of consent to receive Electronic Communications will only be effective after we have had a reasonable amount of time to process the withdrawal (usually X months). Additionally, if you withdraw consent to receive Electronic Communications, and Art of the Pet is required to send paper copies of communications, we reserve the right to cancel your access to the Services.
    3. A current mailing address must be kept on file in order for Art of the Pet to send paper copies of communications. We reserve the right to charge reasonable fees to cover the costs of sending paper copies.
  6. Contact information in your Art of the Pet account should be kept current. We are not responsible for your failure to receive Electronic Communications if we send the communication in accordance with the contact information on file and that information is not correct.

Advertising and Marketing Policy

1.– Paid Advertising

  1. You can currently purchase two types of paid advertising on Art of the Pet: Promoted Listings and Google Shopping ads.
  2. Promoted Listings display your items prominently on the Art of the Pet website and mobile application. These listings are displayed in other Users’ search results, based on search relevancy, listing quality, and the amount bid to display the listing. You can choose to promote some or all of their listings as Promoted Listings.
  3. Google Shopping ads display your listings directly in Google search results and through the Google Shopping service based on search relevancy, listing quality, and the amount bid to display the listing. You can choose to promote some or all of your listings through Google Shopping ads. By purchasing Google Shopping ads, you agree to comply with Google’s policies, including the Google Shopping policies and the AdWords Terms and Conditions. Violation of these policies may result in suspension or termination of your Google Shopping campaign. We are not responsible for enforcement or appeal of any decisions made by Google. If Google finds a violation of their policies, you must follow Google’s policies for appealing the determination and work directly with Google for resolution.
  4. Purchasing Paid Advertising
    1. Ad fees are charged on a cost-per-click (“CPC”) basis and you are responsible for paying for any clicks your ad receives. You will be charged only when an ad is clicked, not simply when it is displayed.
    2. You may pause your ad campaign at any time but will still be responsible for any charges incurred prior to the pause.
    3. We cannot grant refunds for charges related to clicked ads.
    4. Ad fees will appear on your Art of the Pet bill on a daily basis, along with any other charges, such as listing fees.
  5. Promoted Listings
    1. Art of the Pet’s Promoted Listings use a proprietary algorithm to determine cost and placement of ads. 
    2. To purchase a Promoted Listing, you must subscribe or enroll in this feature when available. By purchasing a Promoted Listing, you agree to pay the price agreed to for the listing when the listing is clicked on. All prices are in U.S. Dollars.
    3. You can also choose to use the “Auto Promote” system which will automatically promote new listings when you add them to your shop. By using this feature, you agree that you understand and acknowledge that you are enabling auto-purchasing for listings and that you will pay the set purchase price for each listing.
    4. You can set a budget amount to limit listing purchases to a maximum price. The daily budget can be set as low as [price] and you will not be charged more than this daily budget for listings.
  6. Google Shopping

2.– Shopping Engine Ads

  1. We allow you to promote your listings on third-party shopping engines (“Shopping Engine Ads”). By enabling Shopping Engine Ads in your account, you grant us permission to promote your listings on third-party websites. This allows Buyers that are not currently browsing Art of the Pet, to see your listings.
  2. You may opt out of Shopping Engine Ads at any time by disabling the feature in their Shop settings.
  3. Our participating shopping engines may change at any time. We currently works with the following engines:
    1. Google Shopping
    2. Bing
    3. Facebook
    4. Etc.
  4. Participation in this program is free for Sellers. We will cover the listing fees. Art of the Pet reserves the right to change the terms of this program at any time in compliance with the notice provisions laid out in the Terms.
  5. Shopping Engine Ads are subject to the terms and policies set forth by each participating shopping engine, which may be different from Art of the Pet’s Terms. You are responsible for complying with the Terms and Conditions and Policies of the third party websites. If you fails to do so, their ads may be removed and they may be prohibited from participating in the Shopping Engine Ad program.

3.– Advertising Disclaimers

  1. Using advertising services through Art of the Pet does not constitute an obligation on Art of the Pet’s part to display an ad or promote your listings. We cannot and do not guarantee that a displayed ad will be clicked. We cannot and do not guarantee that, if an ad is clicked by a User, that the product in the listing will be purchased.
  2. Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Refer to the Intellectual Property Policy for more information.
  3. You are responsible for ensuring that your ads comply with all applicable laws and regulations.
  4. We reserve the right to reject or remove any ad for any reason, in our sole discretion, at any time including ads that negatively affect our relationships with our members or partners.

4.– Shop-Specific Promotions

  1. Sales and Coupons
    1. You may choose to offer promotions specifically for your own shops. Art of the Pet currently permits the use of coupons and sales.
    2. A Sale is a promotion offered by a Seller that allows free shipping, a percentage discount on sale prices, or a combination of the two. You can run a sale on single listings or multiple listings, including all listings in their shop. Sales are public and will be displayed and made available to all Buyers. Art of the Pet may, on occasion, aggregate Sales and promote them through its websites, apps, and emails.
    3. A Coupon is a code that may be redeemed for a discount on an item or items or free shipping. Coupons are not displayed publicly. You may create and distribute Coupons at their discretion. A Coupon code can be used by any Buyer that enters the code and a Buyer can use a Coupon code on multiple listings and multiple occasions.
    4. You are responsible for following Art of the Pet’s policies and all applicable laws associated with Sales and Couples. For Sales, it is your responsibility to set the terms and conditions for the promotion in the “Listing Details” section. For Coupons, it is your responsibility to communicate any terms and conditions or limitations for the promotion to Buyers when sharing the Coupon code.
    5. Sales and Coupons may not be used for fee avoidance, such as lowering an item price while artificially inflating the shipping price.
  2. Targeted Offers
    1. Art of the Pet’s Targeted Offers is a paid marketing tool that allows you to offer a Coupon to specific audiences of Buyers who have interacted with their shop in some way, such as by adding an item to the shopping cart.
    2. As with traditional Coupon codes, a Targeted Offer Coupon can be used by any Buyer in possession of the code. It can also be used on multiple listings and on multiple occasions.
    3. Each Targeted Offer Coupon costs [price] to send. You can adjust your monthly budget to determine how many potential buyers you would like to reach, the type of buyer you would like to target, and the type of Coupon they would like to offer. You will never be charged more than your monthly budget.
    4. You also can send a Coupon automatically, free of charge, to Buyers who have made a purchase from your shop. These Coupons will only be sent to Buyers that have opted in to receive Coupons via email from Art of the Pet Sellers.

Fees & Payment Policy

1.– Types of Fees

  1. Listing Fees
    1. You will be charged a listing fee as listed in the Seller Plan you sign up for for each item listed for sale on ArtofthePet.net or Art of the Pet’s mobile app. If an item is already listed in your Art of the Pet shop, there is no fee for making that listing available on other Art of the Pet products.
      If you are a member approved in the Inaugural Seller Program, listing fees are waived for the first year. However, Inaugural Sellers are still responsible for Shipping and Payment processing fees via Stripe or PayPal as detailed in these Terms and Policies.
    2. You will only be charged a fee for creating or renewing a listing; there is no fee for editing a listing.
    3. The listing fee will be charged regardless of whether the item sells, unless a private listing is created, in which case the listing fee is only charged upon sale of the item.
    4. Listings expire after three (3) months. If your list multiple quantities of the same item, the initial listing fee will be as listed in your Seller Plan and the listing will be automatically renewed at that price after each of the items sells.
    5. Listing fees are nonrefundable.
  2. Transaction Fees
    1. When a sale is made through Art of the Pet, you will be charged a transaction fee of eight to ten percent (8-10%) of both the price displayed for each listing and the amount you charges for gift wrapping. The transaction fee charged depends on the Seller Plan you have selected. This transaction fee is waived for members of the Inaugural Seller Program for the first year.
    2. If you are selling from the U.S. or Canada, the transaction fee will not apply to the shipping cost, sales tax, Goods and Services tax, or Harmonized Sales Tax, unless those charges have been included in the listing price.
    3. If you are selling from anywhere other than the U.S. or Canada, the transaction fee will apply to the listing price (which must include any applicable taxes), but will not apply to the shipping cost.
  3. In-Person Selling Fees
    1. You can use the Square reader to process payments for in-person sales. You can sync your Art of the Pet listings with Square. If you choose to do so, listings with multiple quantities will be charges the same [price] renewal fee as listings with multiple quantities on Art of the Pet. Non-synced listings will be charged a [price] transaction fee, which will appear on the bill as a “Square” fee.
    2. In-person sales processed with the Square reader will not be subject to Art of the Pet’s [percentage] transaction fee or any Art of the Pet payment processing fees, but will be subject to Square’s Payment Processing Fees.
  4. Payment Processing Fees
    1. Online Sales. Eligible shops may use Art of the Pet Payments to accept certain payments through Art of the Pet (see below for more information). We charge a payment processing fee for each transaction processed through Art of the Pet Payments. Payment processing fees vary based on the location of your (the Seller’s) bank account. This fee is assessed on the total amount of the sale, including tax and shipping. Unlike other fees, the payment processing fee is deducted from the transaction amount as the funds become available for deposit. Payment processing fees will be reflected in your payment account, rather than on the Art of the Pet bill.
  5. Advertising and Promotional Fees
    1. If you use one of the Advertising Services provided by Art of the Pet, you will be charged separate advertising fees and or promotional fees for each Advertising Service used.
    2. Advertising and promotional fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad or sending a Targeted Offer.
    3. Advertising and promotional fees will be reflected in your payment account.
  6. Shipping Fees
    1. Art of the Pet offers U.S. and Canada based sellers the ability to purchase Art of the Pet shipping labels. The cost of the shipping label will depend on the shipping carrier, the origin, weight, and destination of the package. Additional features such as signature confirmation or insurance incur additional fees and these fees will be added to the total cost of the label at the time of purchase.
    2. Sellers who purchase shipping labels may also purchase package insurance through the listed Art of the Pet Shipping Companies. Art of the Pet reserves the right to true up costs for inaccurate or erroneous shipping calculations. If Art of the Pet must alter the fee due to erroneous calculations, the difference will be charged to the Seller on their Art of the Pet bill.
    3. You must accept Art of the Pet Payments or PayPal as payment methods to purchase shipping labels through Art of the Pet. Shipping fees will appear on the Seller’s Art of the Pet bill.
  7. Wholesale Fees
    1. All sales made on Art of the Pet Wholesale incur the standard transaction fee based on the wholesale price (excluding taxes and shipping costs). These fees will appear on the Art of the Pet bill. You should refer to the current Seller Plans for the percentage fee charged based on the Seller Plan you have selected.
  8. Digital VAT (Value-Added Tax) Fees
    1. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulation regarding your use of the Site and Art of the Pet service and if applicable, your listing, purchase, solicitation of offers to purchase, and sale of of items as it relates to Digital Value Added Taxes. 
    2. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Art of the Pet's net income) related to Digital Value-Added Taxes.
  9. Currency Conversion
    1. All fees that appear on an Art of the Pet bill will be in U.S. Dollars (“U.S.D”). If you list items in a currency other than U.S.D, the item price will be converted to U.S.D solely for the purposes of calculating the transaction fee.
    2. To avoid incurring foreign exchange charges, we recommend items be listed in the same currency as your bank account. Buyers will see the items in the currency of their choosing.
    3. If you chooses to list in a currency other than that of your bank account, you will be charged [percentage] over the current market rate to send funds to your bank account. Currency conversion is handled automatically by Art of the Pet’s payment processing service.

2.– Fee Avoidance

    1. Any action by you to avoid paying a fee is considered fee avoidance and is strictly prohibited by Art of the Pet. This includes, but is not limited to, such actions as encouraging Buyers to purchase an item listed in the Art of the Pet shop through another venue, reducing a sale price but increasing a shipping price, or completing a transaction off of Art of the Pet that was started on Art of the Pet. The price stated in each listing description must be an accurate representation of the sale price.
    2. You may not charge excessive shipping fees. You may not alter an item’s price after a sale for the purpose of avoiding transaction fees, misrepresent the item’s location, or use another User’s account without permission.

3.– Paying the Bill

  1. Art of the Pet will send you a bill at the beginning of each month. This bill will detail the amount due for the prior month’s fees and services. You are responsible for paying your bill in full within fifteen (15) days of the date of the invoice, or the account will be considered past due.
  2. You may pay your Art of the Pet bill manually by credit card, debit card, PayPal, or with their payment account balance. If in the U.S., you may also enroll in AutoBilling.
  3. AutoBilling
    1. By enrolling in the AutoBilling program, your fees will be charged automatically to the credit card you has on file. To participate in this program, you agree to the terms listed in this section.
    2. You authorize Art of the Pet to keep your payment card information on file and charge that card on the first day of each calendar month for the previous month’s outstanding charges and at any time the balance of fees reaches the designated fee threshold for the account. Upon enrollment, Art of the Pet will charge the card on file with the current balance.
    3. When the card account is debited, we will send you an email receipt listing the amount charged. This information can also be reviewed by accessing the account on the Art of the Pet website.
    4. If the card account on file with Art of the Pet is closed or the account number is changed, or if, for any reason, a charge is rejected by the card issuer, you must update your card information or add a new card number to the account. If the charge is refused by the issuer for any reason, you may be subject to penalties such as the suspension of account privileges and/or account termination. Even if the account is suspended or terminated, you are not released from their obligation to pay your bill by other means. Your authorization applies to any successor or replacement card you or your card issuer provides.
    5. AutoBilling may be canceled and changed to manual payments at any time in the account settings. We require a reasonable period of time to act after receiving the notice. An additional automatic payment may be made to the card on file while the request is being processed.
    6. Suspended or terminated Account Holders are obligated to pay all unpaid fees to Art of the Pet.

4.– Art of the Pet Payments

  1. Art of the Pet Payments enables you to accept various forms of payment in their local currencies while using the Services. Sellers initially will be able to accept payments via Stripe. Art of the Pet will offer more payment options over time, including but not necessarily limited to, credit card, debit card, Art of the Pet Gift Card, Art of the Pet Credit, Stripe, PayPal, some bank transfer services, Apple Pay, and Android Pay.

5.– Taxes

  1. You are responsible for collecting and paying any taxes associated with using and making sales through the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and anyArt of the Petservice and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes onArt of the Pet's net income). 
  2. Art of the Pet will issue 1099-K forms to certain sellers in the United States to comply with IRS requirements.

6.– Art of the Pet Gift Cards and Credit

  1. If you are registered to use Art of the Pet Payments, you may accept payment by Art of the Pet Gift Cards and Art of the Pet Credits. These Gift Cards and Credits are subject to the Gift Cards & Credits Policy.
  2. We charge the Art of the Pet Payments payment processing fee described above on these transactions.

Prohibited Items Policy

For a variety of reasons, certain items are prohibited from being sold on Art of the Pet. Some are due to legal risks and others because they are inconsistent with the goals and values of the company. This policy details what items are prohibited from being sold through the Art of the Pet marketplace.

We cannot catalog every prohibited or permitted item. We reserve the right to remove listings that we determines are not consistent with the goals and values of Art of the Pet in our sole discretion. Such listings will be removed from the site, and your selling privileges may be limited, suspended, and/or terminated.

If you see something that appears to violate these rules, the listing can be reported to Art of the Pet via the “Report Listing” option on the listing page.

1.– Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

  1. Alcohol and drugs are prohibited from being sold on Art of the Pet. These items face many legal restrictions and are considered controlled substances under applicable law in many cases. This policy also applies to other substances that have or are claimed to have an intoxicating or healing effect.
  2. Restrictions on Descriptions of Purported Health Benefits.A medical drug claim is any element of a listing or shop that suggests an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale, we strongly urge you to speak with a qualified expert about which regulations apply. It is your responsibility to known and comply with all laws and regulations that apply to the items you are selling.
  3. We prohibit certain medical drug claims, such as claims likely to deceive or pose an unreasonable risk to Users. We may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for the marketplace. If we receive proper notice from a legal authority, we may remove an item.

2.– Animal Products and Human Remains

  1. Certain animal products are highly regulated and are prohibited due to the risk of harm to live, companion, or endangered animals.
  2. Live animals, items created using any animal species designated as threatened or endangered by the U.S. Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species (CITES), items made from cat and dog parts or pelts as defined by U.S. Federal law, ivory or bones from ivory producing animals (including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory), and items made from human remains are all prohibited from being sold on Art of the Pet.
  3. You must follow your local laws. If you are shipping items across international borders you should consult CITES for specific information about importing and exporting items that may be threatened due to the nature of this trade. If you sell products containing feathers, you should consult the Migratory Bird Treaty Act.

3.– Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

  1. For safety and legal reasons, dangerous items are prohibited from being sold on Art of the Pet.
  2. Hazardous Materials.Due to the potential harm, legal restrictions, and shipping restrictions, hazardous materials are prohibited. These include, but are not limited to, explosives (including fireworks), flammable items, gases, radioactive material, and toxic substances.
  3. Recalled Items.Items that have been recalled by governments or manufacturers are prohibited from being sold on Art of the Pet. Additionally, items that present an unreasonable risk of harm are prohibited, even if not recalled. These include, but are not limited to, items that present a choking hazard.
  4. Weapons.Though there are varying ways to define weapon, generally Art of the Pet prohibits any tool or instrument that is intended to be used as a weapon to inflict harm on a person or animal. These include, but are not limited to, guns, knives, or other blatant weapons, or imitation weapons that look real or are prohibited by U.S. law.

4.– Hate Items: Items that Promote, Support, or Glorify Hatred

  1. We do not allow items or listings that promote, support, or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.
  2. Specifically, we do not permit the following items:
    1. Items that support or commemorate current or historical hate groups, including but not limited to Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate an anti-gay, anti-immigrant, or Holocaust denial agenda.
    2. Items that contain racial slurs or derogatory items in reference to protected groups.

5.– Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

  1. Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally prohibited on Art of the Pet. Certain items that are subject to complex legal regulations or registrations are also generally prohibited. You are expected to abide by the laws of the markets in which you are selling. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.
  2. Further, due to legal restrictions that vary by location, Art of the Pet does not permit the sale of real estate or motor vehicles.
  3. You must follow all applicable laws for the items you list. Items subject to regulation may include, but are not limited to, such items as Native American crafts, plants and seeds, and food products.

6.– Internationally Regulated Items

  1. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with the laws and regulations of the country of destination as well as local laws.
  2. When buying and selling internationally, you should comply with local laws and also be aware that other country’s regulations and restrictions may vary. You might be prohibited from importing or exporting certain items under laws and regulations of the country of destination. The item bought or sold may be subject to import taxes, custom duties, fees, and/or other regulations imposed by the country of destination.
  3. When you use the Services, you are responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. All Art of the Pet Users must comply with the Sanctions Policy, regardless of location.
  4. Art of the Pet reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations.
  5. You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. We have no control or authority over the independent decision-making of these providers.
  6. Sanctions or compliance programs may have exceptions to their restrictions. Items that don’t originate from a sanctioned area, but make a reference to a sanctioned area, are generally permitted.

7.– Pornography and Mature Content

  1. Pornography of any sort is prohibited on Art of the Pet. Mature content is restricted.
  2. An item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content.
  3. Mature content is defined as depictions of male or female genitalia, sexual activity or content, profane language, violent images (as restricted below), and explicit types or representations of taxidermy.
  4. Mature content must be properly listed and tagged as such. If there is a question as to whether a given item or listing is considered mature, you should err on the side of assuming the content is mature and label it as such.
  5. When determining if mature content crosses the line into pornography, Art of the Pet takes into consideration how realistically the mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.

8.– Violent Items: Items that Promote, Support, or Glorify Violence

  1. We do not allow items or listings that promote, support, or glorify acts of violence or harm towards self, others, or animals, including credible threats of harm or violence towards self, others, or animals.
  2. The following are not permitted:
    1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers.
    2. Items that attempt to exploit natural disasters or human tragedies.
    3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups.
    4. Items that encourage self-mutilation, starvation, or other self-harm.
    5. Items that encourage any form of violence, mutilation, starvation, or harm against others or animals.

Sanctions Policy

1.

  1. Art of the Pet is required to comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. This means that we or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
  2. This policy applies anyone that uses the Art of the Pet Services, regardless of your location. You are required to familiarize themselves with these restrictions.
  3. For example, these restrictions generally prohibit, but are not limited to, transactions involving:
    1. Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
    2. Individuals or entities identified on sanctions lists;
    3. Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
    4. Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, tapes, compact discs, and certain artworks.
  4. Art of the Pet takes steps to ensure compliance with sanctions programs. We prohibit Account Holders from using your accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any place listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of the Services. You are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions as the actual removal date cannot be verified. Art of the Pet reserves the right to request that you provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. It also may disable listings or cancel transactions that present a risk of violating this policy.
  5. In addition to complying with OFAC and applicable local laws, you are responsible for being aware of and complying with the trade, import, and export restrictions and regulations of countries that you are conducting transactions in.
  6. You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Art of the Pet has no control or authority over the independent decision-making of these providers.
  7. The economic sanctions and trade restrictions that apply to your use of the Services are subject to change. You should check sanctions resources regularly.

Technologies Policy Including Cookies

1.– Purpose

  1. Art of the Pet uses cookies and similar technologies to recognize your logged-in state, to understand what purchases you are interested in, to make the site function, and to help your browsing experience and use of the Site, Services, and Apps feel customized.
  2. Cookies are used more specifically for the following purposes:
    1. Security and Authentication. Some of these cookies and similar technologies are used to ensure the security, safety, and integrity of the site, authentication and logging into Art of the Pet (including remembering permissions and consents you granted), and ensuring the ability to complete transactions securely.
    2. Account and User Preferences. These types of technologies allow us to remember your preferences and account details over time. This includes remembering your accounts or keeping you logged in when returning to the site in the future, maintaining your choices regarding features such as how you wants Art of the Pet to look, keeping track of language preferences and country, and customizing content based on use of the site.
    3. Social Networks. Some of these technologies are required to permit interaction with social networks while using the Services, such as sharing content via the social network, logging into the social network, and other features your use on the social network or are permitted by the social network’s privacy policy. These features may be set and controlled by the social networks and your preferences with the social networks.
      Social networks may also work with Art of the Pet or Users for analytics or marketing purposes as discussed elsewhere. You may be able to manage privacy preferences for these social networks and their tools and widgets via your account settings for the social network.
    4. Performance and Analytics. Some technologies provide performance data on how the Services are functioning in order to maintain and improve Art of the Pet and the Services. This includes, but isn’t limited to, data on site and app functionality and speed, how the Services are being used in order to help improve User experiences, and detecting and gathering reporting on bugs to allow improvements to be made.
      The Site and App also employ Google Analytics to understand how Art of the Pet is used by its Users. For some advertising features, data from Google Analytics may be combined with our first-party data and third-party cookies (like advertising cookies). If your wishes to opt-out of Google Analytics Advertising Features, see the Opt-Out section below.
    5. Marketing Services. We partner with third-party service providers that may also use various cookies and technologies to permit it and them to learn about what ads you see and click when you visit Art of the Pet and affiliated sites or to show you ads on and off Art of the Pet. This may include:
      1. Frequency Capping – limiting the number of times your browser or mobile device displays the same ad;
      2. Attribution Tracking – estimating what advertising or marketing source brought you to Art of the Pet, or determining what marketing source led to actions like a visit or purchase;
      3. Remarketing – showing relevant ads to an audience based on prior shopping and browsing patterns;
      4. Audience Targeting – targeting advertisements to a large audience based on the audience’s known or inferred demographics; and
      5. Cross-Device Recognition – recognizing actions across multiple devices or browsers.

Some third-party service providers may provide information like demographics, cross-device information, or interest categories from a combination of sources that, while not identifying you personally, permits Art of the Pet to provide you with more relevant and useful advertising. In some cases, this information may have non-marketing performance analytics uses as well.
These technologies allow a partner to recognize your computer or mobile device each time you visit Art of the Pet or other websites and mobile applications based on data like a cookie, IP address, or device ID, but do not allow access to other personal information from Art of the Pet. However, these technologies may allow us or a third party to recognize you, either from a single device or across devices, over time. These third parties are required to follow applicable laws, self-regulatory programs, and Art of the Pet’s data protection rules where applicable. However, we do not have control over these third parties, who each have their own privacy policies and privacy practices. We adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
You can find a description of third-party cookie technologies used by Art of the Pet, along with their respective privacy policies and options for controlling User privacy on those platforms, in the Cookies & Similar Technologies Disclosures.

2.– Services in the Apps (SDKs)

  1. The Apps may include third-party application software development kits (SDKs) that provide mobile performance and analytics data, bug reporting features, and APIs to third parties that help provide the Services, for social media functionality, and for marketing and advertising.

3.– Consent

  1. Certain technologies are used to make the Site function for its intended purpose, and are provided based on contractual necessity based on your agreements with Art of the Pet to perform the Services requested. These include the functions strictly necessary to the service as noted above.
  2. By choosing to use the Services after having been notified of Art of the Pet’s use of cookies in the ways described in this Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of consent, you agree to such use.
  3. You can manage and control the use of certain Technologies through your marketing preferences in the account settings.
  4. Opt-in and Opt-out on Browsers.In addition to Art of the Pet account settings, you can change your web browser’s settings to reflect your cookie preferences for cookies directly from the site you are on and for third-party cookies.
  5. Opt-out of Third-Party Networks.If you do not wish to have this information used for the purpose of serving you interest-based advertisements, you may decline to receive these types of ads through [company’s] preferences (or if located in the EU click [link].) Please note this does not stop you from being served advertisements. You will continue to receive generic advertisements. If you reject or block all cookies via browser settings, you will not be able to take advantage of the Services as some cookies are necessary for the Site to function properly.
  6. Google Analytics Opt-out.For Google Analytics Advertising Features, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means. Google also provides a Google Analytics opt-out plug-in for the web.
  7. Third-party Tools.Various third parties provide browser plug-ins and apps that can help provide you with information on, and limit or block, third-party cookies, web beacons, and some Javascript-based technologies. Art of the Pet cannot and does not vouch for the efficacy of a particular third-party product, but popular products providing these enhancements include Ghostery and AdBlock Plus.
  8. Mobile Opt-out.If you access Art of the Pet through the Apps, you may also control interest-based advertising on an iOS or Android device by selecting the “Limit Ad Tracking” option in the privacy section of the Settings App on iOS or via advertising preferences on Android-based devices (usually in the Google Settings app). This will not prevent you from seeing advertisements, but will limit the use of device advertising identifiers to personalize ads based on your interests.