(Updated December, 4, 2022)
1. Accepting These Terms
LocalGood connects consumers (“Buyers”) to Artists, Creators, and Art Shops in the United States and the charities and nonprofits that they support. We want to make sure that you and Buyers have a positive experience on LocalGood. Please read on to find out more about your rights, as well as what is expected of you, as a Contributor. For purposes of this Agreement, “Artist” means anyone taking a principal role in the conceptualization and execution of a work for sale through LocalGood and “Creator” means anyone working closely with an Artist to realize the creation of an Artist’s work. The terms “Seller” refers to an Artist who sells artwork through LocalGood. “Art Shop” means any physical space that represents Artists and Creators by collecting, displaying, promoting and/or selling works they create. At present, we invite Art Shops to use LocalGood to help Artists to sell their work through LocalGood, but Art Shops cannot currently use LocalGood to sell artist’s work. This Contributor Policy uses the terms “you”, “your”, and “Contributor” interchangeably with the foregoing defined terms Artist, Creator, Seller, and Art Shop. Any artist’s work that is displayed or listed for sale using our Services is “Artwork”.
This document and the other documents that we reference below make up our user rules, or what we officially call our “Contributor Policy”. The Contributor Policy is a legally binding contract between you and LocalGood and the term Contributor Policy is used interchangeably with the term “Agreement” throughout this Contributor Policy. LocalGood is a fictitious name used by Lagom Services LLC, and Lagom Services LLC reserves all rights in the use of the name LocalGood and any derivatives of it. This Contributor Policy also refers to Lagom Services LLC and LocalGood as “LocalGood”, “we” or “us”. This Contributor Policy refers to the LocalGood website and mobile site, www.local-good.com and any affiliated websites and applications, as the “Site”.
This contract outlines the rights and responsibilities when using any and all of the LocalGood services described by this Contributor Policy; including, but not limited to, the Site (collectively our “Services”), so please read it carefully. By applying to feature Artwork through our Services, and by continuing to use any of our Services, you’re agreeing to abide by and be bound by the Contributor Policy. However, please understand that your application to use our Services may be rejected and that you may not use our Services unless you are approved and you complete the necessary registration process.
(b) About LocalGood
LocalGood is an online community that connects conscientious consumers to Artists, Creators, and Art Shops in the United States and the charities or nonprofits that they support. LocalGood is a marketplace for Buyers and Sellers to connect – thus, LocalGood is not a party to any sale transaction between Buyers and Sellers. The actual contract for sale is directly between the Seller and Buyer, and LocalGood provides Sellers with standard-form warranty, shipping, and return policies to use in transactions with Buyers.
(c) Our Vision
We strive to build communities that unite Artists, Art Shops, and socially conscious consumers to support LocalGood in every community in the United States.
(d) Our Mission
We are fierce advocates for Artists and Creators focused on developing channels to help them achieve sustainability by sharing themselves, their passion, and support for their community.
2. Your Responsibilities as a Contributor
Before you can promote your Artwork or Art Shop using our Services, you must complete an application and an interview with LocalGood staff. LocalGood has the sole authority to approve or reject all applications. LocalGood is more than just a site to sell art – it is a community that centers on promoting our Artists, not just their artwork. Thus, to display and promote Artwork on our Site, it is necessary to supply some information about yourself so LocalGood users can get to know you as a person and as an Artist or Contributor.
To display or sell your Artwork using our Services, you will be asked to provide certain registration information. You certify that all the information you provide on the Site is correct, current, and complete. LocalGood serves as a platform to connect Buyers with Contributors. To help Buyers feel connected to you as a Contributor, you understand that you must complete a personal profile page (“Profile”). LocalGood desires to create a close-knit community of Artists, Art Shops, art-enthusiasts and art-lovers – your Profile is a chance for you to showcase yourself, your talent, and anything else you want Buyers to see! To allow Buyers to get to know you, LocalGood encourages you to post pictures that express your individuality, including selfies, studio photos, your inspirations and muses, or anything else you think represents you or your shop.
Even if your application is originally approved, LocalGood reserves the right to revoke your acceptance if we determine you have violated our Contributor Policy. You understand that LocalGood reserves the right to deny access to our Services to anyone who violates this Policy, or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
(a) What Can be Sold on LocalGood
Buyers come to LocalGood to purchase handmade items and items that they might not find anywhere else. We value transparency. Transparency means that you honestly and accurately represent yourself, your Artwork, and your business. By selling or displaying your Artwork on LocalGood you represent, warrant, and agree that:
By selling or displaying your Artwork, or promoting your Art Shop, on LocalGood you represent, warrant, and agree that you will not sell or display content that is:
(b) Clarifying What Constitutes “Artwork”
LocalGood prides itself on empowering Artists to express their talent, creativity, and originality through their artwork. All of your Artwork must be designed and produced by you (and any partners you may have) or by an Artist (and any other partners they may have) represented by your Art Shop. By selling on LocalGood, you agree the Artwork is:
(c) your Contributions
Any content you publicize on LocalGood, including but not limited to, comments, reviews, listings, or statements that you post using our Services, are your “Contributions”. LocalGood does not make any claims to your Contributions and cannot be held responsible for the content of your Contributions. Any opinion or view expressed in your Contributions represent your thoughts and not those of LocalGood or any of its affiliates or any of their respective officers, staff, or employees.
(d) Use of Our Services
LocalGood is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Additionally, by using the Services, you agree to the following covenants:
(i) People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen all users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
(ii) Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. If you see any materials that you deem offensive, please contact LocalGood at email@example.com and we will make our best attempt to rectify the situation. LocalGood is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
(e) Seller’s Customer Service
We expect Sellers to provide a high level of customer service to Buyers and prospective Buyers. By selling on LocalGood, you agree to:
You can use LocalGood to communicate directly with Buyers or other Members. LocalGood may not be used for the following activities:
Term of Contract
(a) Term. This Agreement will begin to be effective when you apply to use our Services and will stop being effective when it is terminated by either you or us as described below (such period, the “Term”).
(b) Termination. Either you or us may end your use of the Services for any reason or no reason by providing written notice of termination of this Agreement to the other party no less than ten (10) days prior to the effective date of termination.
If you or LocalGood terminate your account, you may lose any information associated with your account, including your Contributions, because LocalGood will not retain records of your Contributions.
We hope this never happens, but if LocalGood gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend LocalGood (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, including but not limited to your use (or misuse) of our Services, your breach of the Terms, or your infringement of someone else’s intellectual property rights.
You hereby indemnify and hold harmless LocalGood from any and all loss or liability resulting from or arising with respect to:
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Survival. The indemnities described in this Contributor Policy will survive the end of the Term for as long as necessary to give effect to their provisions.
4. Transaction Process
LocalGood processes all transactions conducted on the Site, and money paid by the Buyer goes directly to LocalGood for distribution to Seller and others as described in this Contributor Policy. The Site collects state sales tax as part of every transaction.
By agreeing to this Contributor Policy, you agree that you will not circumvent the Site in order to process or complete any transactions that began through interactions withBuyers on our Site.
By agreeing to this Contributor Policy, you acknowledge that you understand that LocalGood will distribute the payment from the Buyer to You after LocalGood has processed the Required Contributions (see Section 4(e)). You agree to ship the item to the Buyer after Local Good processes the Buyer’s payment. LocalGood will electronically distribute any payment owed to the Seller on a biweekly basis, after the item ships. However, please be aware that LocalGood disclaims any liability for any funds you are due that are lost as a result of technical problems, fraud, or theft other than as a result of LocalGood’s willful misdeeds or recklessness.
If you are unable to complete a transaction, you must notify the Buyer via LocalGood and cancel the transaction. If Buyer already submitted payment, you agree that LocalGood will issue a full refund to the Buyer. You are encouraged to keep proof of any refunds in the event a dispute arises.
(b) Warranty, Shipping, and Return Policies
Seller agrees to follow LocalGood’s standard Warranty, Shipping, and Return Policies for Sellers to use in transactions with Buyers, which are written below. Seller agrees that LocalGood may amend these policies from time to time at its sole discretion and with prior notice to Seller. Because LocalGood donates a commission of the profit to Seller’s selected charity, LocalGood will make all charitable donations at the end of the quarterly calendar period that follows the quarterly period during which the transaction was processed. This way, the Seller is able to refund in full any Buyer who requests a refund within the timeframe specified in these Buyer Policies. If Seller fails to issue this refund in a timely manner, LocalGood asks that Seller reimburse LocalGood for the amount of the charitable donation.
(c) Limitation of Liability
The remedies described in this Contributor Policy are your sole and exclusive remedies. To the fullest extent permitted by law, neither LocalGood, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Contributor Policy. In no event shall LocalGood’s aggregate monetary liability for any damages exceed the greater of one hundred ($100) US dollars (USD) or the amount you paid LocalGood in the past twelve months.
(d) Third-Party Services
(e) Required Contributions: LocalGood and Charities
Seller understands that payments from Buyers go directly to LocalGood. We then distribute the Required Contributions before paying the amount due to Seller. Seller agrees to LocalGood’s policy requiring Seller to contribute a certain amount of each sale (detailed below) to LocalGood in exchange for the right to use our Services, as well as contributing a certain amount (detailed below) to the charity of their choice or a partner charity, keeping in line with LocalGood’s vision to build communities that unite Artists and Creators and socially conscious consumers to support LocalGood in every community in the United States.
(i) LocalGood. Seller understands that thirty percent (30%) of the sale price of each item sold will be contributed to LocalGood in exchange for the right to use our Services.
(ii) Charity of Choice and Partner Events. Seller agrees to choose a local charity that aligns with LocalGood’s Vision and furthers our mission. LocalGood will donate five percent (5%) of its commission to the selected charity. LocalGood provides a list of approved Charities for Seller to choose from, but Seller may suggest a charity not on the list, which LocalGood may approve in its sole discretion. Once this charity has been approved by LocalGood, the Seller will include charity name and information on their art listings to inform Buyers of the charity their purchase will be supporting. Seller may participate in Partner charity events with select Charities throughout the year.
5. Dispute Resolution
(a) Disputes with Other Users
If you find yourself in a dispute with another user of LocalGood’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. As a condition for your acceptance of this Agreement and use of the Services, you hereby release LocalGood from any claims, demands, and damages arising out of disputes between you and any other other users, customers or third-parties, as set forth more fully in the indemnification provisions of Section 3(c).
(b) Disputes With LocalGood
(i) If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
(ii) Governing Law. This Contributor Policy is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
(iii) Dispute Resolution. This Contributor Policy and all related documents, including all exhibits and all matters arising out of or relating to this Contributor Policy and the services provided in accordance, for all purposes will be governed by and construed in accordance with Pennsylvania law. No conflict of laws principles that would cause the laws of any other jurisdiction to apply. Any action or proceeding by either of the parties to enforce this Contributor Policy shall be brought only in any Commonwealth or Federal court located in Allegheny County, Pennsylvania.
(iv) Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, this Contributor Policy and any action related to this Contributor Policy will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of Federal law and to the extent permitted under Federal law, the laws of the Commonwealth of Pennsylvania.
(a) You are responsible for protecting users’ personal information you receive or process, and you must comply with all relevant legal requirements when you use our Services. If you disclose personal information without the Buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a Buyer’s email address or other information as a result of entering into a transaction with that Buyer. This information may only be used for LocalGood-related communications or for LocalGood-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the Buyer’s consent, you may not add any LocalGood member to your email or physical mailing list, use that Buyer’s identity for marketing, or obtain or retain any payment information.
(b) If LocalGood and you are found to be joint data controllers of personal information, and if LocalGood is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of a Buyer’s personal information, you agree to indemnify LocalGood for the expenses it occurs in connection with your processing of a Buyer’s personal information.
7. Intellectual Property
LocalGood provides a platform for Contributors to showcase original art; thus, we do not allow listings that violate the intellectual property rights of others. For a more detailed understanding of intellectual property rights, please consult your legal counsel; however, to explain some of the concepts described in this Contributor Policy, and without prejudice to LocalGood’s legal position in any matter arising under this Contributor Policy, or making of any representation or warranty, or waiver of any claim or defense that LocalGood may assert, we provide below brief descriptions of certain intellectual property concepts referenced in this Contributor Policy:
(a) Copyright – a property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. To obtain a copyright, the work must be created by the author (as opposed to copied from other works) and it must possess at least some minimal degree of creativity. If you are the author of an original work, then you typically own the copyright in that work. See 17 U.S.C. Section 102.
(b) Trademark – a word, phrase, logo, or other sensory symbol used by a manufacturer or Contributor to distinguish its products or services from those of others. A trademark “guarantees, identifies, and sells the product or service to which it refers.” 3 Rudolf Callmann, The Law of Unfair Competition, Trademarks and Monopolies § 17.01, at 2 (4th ed. 1998).
(c) Infringement – the violations that constitute infringement vary depending on what type of intellectual property is violated:
(i) Copyright – a copyright owner’s rights are infringed upon when someone (without a license or authorization) copies or uploads his images for their own use. Copyright violations can happen even if the violator acknowledges the copyright owner in the violating use.
(ii) Trademark – a trademark owner’s rights are infringed upon when someone (without a license or authorization) uses his trademark in a manner that is likely to cause consumers to be confused as to the source of the product, or as to whether there is some sponsorship or affiliation between the person who is selling the product and the trademark owner.
(iii) Counterfeiting – generally a type of trademark infringement, counterfeit products are fake or unauthorized replicas of real products intended to defraud or deceive consumers into believing the product is authentic.
8. Miscellaneous Terms and Conditions
The Contributor agrees to the following terms and conditions regarding this Contributor Policy:
(a) Amendment. We may occasionally update this Contributor Policy. If the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or messages about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Contributor Policy.
This Agreement may only be amended, modified, or supplemented by LocalGood. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
(b) Severability. This Contributor Policy, including all the policies that make up this Contributor Policy, supersedes any other agreement between you and LocalGood regarding the Services. If any part of this Contributor Policy is found to be unenforceable, that part will be limited to the minimum extent necessary so that this Contributor Policy will otherwise remain in full force and effect. The unenforceability of any term or provision in any jurisdiction shall not affect any other term or provision of this Agreement in any other jurisdiction. Our failure to enforce any part of this Contributor Policy is not a waiver of our right to later enforce that or any other part of this Contributor Policy. We may assign any of our rights and obligations under this Contributor Policy. For the purposes of this Agreement, LocalGood may assign this Agreement and the provision of the Services to another party with notice to Contributor. Contributor must secure LocalGood’s consent to assign this Agreement and Contributor’s right to use the Services to another party.
Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner.
(c) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all other previous agreements and understandings between the parties with respect to the subject matter of this Agreement. There are no other agreements or understandings, written or oral, between the parties regarding the subject matter of this Agreement.
(d) Further Actions. Each party shall, upon the reasonable request of the other party, promptly execute such documents and perform such acts as may be necessary to give full effect to this Agreement.
(e) Notices. All notices required or permitted to be given under this Agreement shall be in writing, given to the applicable party at its address (by hand, nationally recognized and reputable overnight delivery service, or certified mail) or facsimile number set forth below such party’s signature hereof. A party may change its address or facsimile number for notice by providing written notice of the change to the other party.
(f) Interpretation. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against LocalGood in its capacity as the party drafting an instrument or causing any instrument to be drafted. Captions and headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
LocalGood is designed with Artists in mind. We want to see our Contributors excel and we will do our best to help our Artists succeed. LocalGood strives to be more than just an online marketplace. Rather, we aim to create a community where Artists can connect with Buyers and all users are respectful and considerate. We are proud of our Artists and we are very grateful that you chose to use our Services. LocalGood desires to orchestrate a genuine relationship with our Artists, Creators, and Art Shops, and we thank you for allowing us to help promote your Artwork and your Art Shop.
10. Receipt of Notice
Please provide contact information for receipt of notice under contractual provisions. Either party will accept notice via email upon confirmation of receipt, or by physical mail. LocalGood also requests a phone number. The phone number is for the sake of convenience, not for receipt of notice.
+1 (816) 916-5689