Accepting These Terms
LocalGood connects consumers (“Buyers”) to Artists and Creators (“Sellers”) in the United States and the Charities or Nonprofits that they support. We want to make sure that you and your 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 seller.
This document and the other documents that we reference below make up our seller rules, or what we officially call our Seller Policy (“Seller Policy”). The Seller Policy is a legally binding contract between you and LocalGood. LocalGood is owned by Lagom Services LLC.
This contract outlines the rights and responsibilities when using any and all LocalGood services; including, but not limited to, the LocalGood website or mobile site (collectively our “Services”), so please read it carefully. By using any of our Services, you’re agreeing to the Seller Policy.
Before you can promote your artwork 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 promote your art 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.
By applying to sell your artwork through our Services, you are agreeing to this Seller Policy. You 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 processes.
To sell your artwork using our Services, you will be asked to provide certain registration details or other information. You certify that all the information you provide on the website is correct, current, and complete. LocalGood serves as a platform to connect Buyers with Sellers. To help Buyers feel connected to you as a Seller, you understand that you must complete a personal profile page (“Profile”). LocalGood desires to create a close-knit community of artists, art-enthusiasts and art-lovers – your Profile is a chance for you to showcase yourself, your talent, and anything else you want your 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.
Even if your application is originally approved, LocalGood reserves the right to revoke your acceptance if we determine you have violated our Seller 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 website or infringes the rights of others.
LocalGood is an online community that connects conscientious consumers to Artists and Creators 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 transaction. The actual contract for sale is directly between the Seller and Buyer.
We strive to build communities that unite artists and socially conscious consumers to support LocalGood in every community in the United States.
We are fierce advocates for artists focused on developing channels to help them achieve sustainability by sharing themselves, their passion, and support for their community.
LocalGood aims to promote our artists is through our social media sites (“Social Media”). You understand that any information displayed on your Profile may be used for promotional purposes and displayed on any of our Social Media pages. Additionally, LocalGood may display your artwork on our Social Media pages. While LocalGood strives to support and promote our artists by displaying their work on our Social Media;, we cannot guarantee any schedule of promotion, and Sellers are not promised any Social Media promotions. LocalGood makes no representations about the amount of exposure our Social Media posts will bring to you, nor can we guarantee any additional sales or profits deriving from our posts.
What Can be Sold on LocalGood
Buyers come to LocalGood to purchase handmade items and items that they might not find anywhere else. By selling on LocalGood you agree that:
Representing Yourself, Your Shop, and Your Listings Honestly
We value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. Any artwork you list for sale using our Services is known as your work (“Your Work”).
By selling Your Work on LocalGood, you agree that you will:
Clarifying What Constitutes “Your Work”
LocalGood prides itself on empowering Sellers to express their talent, creativity, and originality through their artwork. All of Your Work must be designed and produced by you (and any partners you may have). By selling on LocalGood, you agree Your Work is:
LocalGood’s Right to Publicize Your Work
By selling Your Work through LocalGood’s Services, you understand and acknowledge that this information is available to the public, and that you are allowing LocalGood to have a permanent right to use images, videos, and language pertaining to Your Work for business purposes, including but not limited to internal and external promotions.
To help facilitate artist sustainability, LocalGood will promote our artists throughout our Services. To do so, we reserve the right to repost listings and images of Your Work. LocalGood does not make any claim of ownership of Your Work; instead, we reserve the right to advertise and promote Your Work on our site as well as any of our Social Media pages.
Creating and Selling Content
As a Seller on LocalGood, you have the opportunity to create and sell Your Work. In order to keep our community safe and respectful, you agree that you will not sell content that is:
Providing Great Customer Service
We expect Sellers to provide a high level of customer service. By selling on LocalGood, you agree to:
The Payment Process
LocalGood processes all transactions conducted on the Local-Good.com website, money paid by the Buyer goes directly to LocalGood for distribution. By agreeing to these Terms, you understand that LocalGood will distribute the payment from the Buyer to You after LocalGood has processed the Required Contributions (see below). LocalGood will electronically distribute any payment owed to the Seller on a biweekly basis, after the item ships.
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 socially conscious consumers to support LocalGood in every community in the United States.
LocalGood provides a platform for Sellers to showcase their 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, see below:
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 (“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 necessarily those of LocalGood or any of its affiliates or any of their respective officers, staff, or employees. The opinions and views expressed on these pages do not in any way reflect the views of the site they are posted on, other sites affiliated with the site, the staff involved with maintaining the site or any other users of the site.
Communicating with Other LocalGood Members
You can use LocalGood to communicate directly with your buyers or other Members. LocalGood may not be used for the following activities:
You are responsible for protecting user’s 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.
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.
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 must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
Termination By You. You may terminate your account at any time by contacting LocalGood. Terminating your account will not affect the availability of some of Your Contributions and Your Work that you posted through the Services prior to termination. After you terminate your account, LocalGood will remove your shop and delete your Profile, but your previous Contributions and images of Your Work will still be visible on LocalGood’s site and social media.
Termination By LocalGood. LocalGood will communicate with you in an attempt to resolve any issues without resorting to termination. However, if we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell on our website. In the event that we determine we have exhausted all of our options to resolve an issue, we may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. LocalGood may refuse service to anyone, at any time, for any reason.
If you or LocalGood terminate your account, you may lose any information associated with your account, including Your Contributions.
We May Discontinue the Services. LocalGood reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. In the event LocalGood deems it necessary to discontinue our Services, we will communicate with our Sellers beforehand. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
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.
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.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that LocalGood shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Third-Party Payment Processing Systems. LocalGood has engaged third-party service providers to perform many of the services related to payment processing. LocalGood partners with PayPal to facilitate card payments and other payments and the disbursement of funds to sellers. LocalGood may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
Warranties. LocalGood is dedicated to making our Services the best they can be, but we’re not perfect and something things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming 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: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. 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.
Liability Limits. 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 these Terms. In no event shall LocalGood’s aggregate 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.
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’ll 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, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
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.
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.
Release of LocalGood. You release LocalGood from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes With LocalGood
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:
Governing Law. The Terms are governed by the laws of the Commonwealth f 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, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration. You and LocalGood agree that any dispute or claim arising from or relating to the Terms shall be finally settled by and resolved exclusively and finally by binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules“) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules at www.adr.org/arb_med) unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and LocalGood are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, LocalGood will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
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, the Terms and any action related to the Terms 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.
Modifications. If we make any changes to this “Disputes with LocalGood” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against LocalGood prior to the date the changes became effective. LocalGood will notify you of substantive changes to the “Disputes with LocalGood” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send LocalGood a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and LocalGood in accordance with the provisions of this “Disputes with LocalGood” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
We may update these Terms every once in a while. If we believe that 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 Terms.
Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and LocalGood regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
LocalGood was designed with Artists in mind. We want to see our Sellers 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, and we thank you for allowing us to help promote Your Work.
Last updated on September 5, 2020