Terms and Conditions

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY ARTISAN FISHING, LLC. AND ITS SUBSIDIARIES (COLLECTIVELY, "ARTISAN FISHING"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.ARTISAN FISHING.COM (THE "SITE"), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY ARTISAN FISHING (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Artisan Fishing acts as a venue to allow users who comply with Artisan Fishing’s policies to offer, sell and buy certain goods within a fixed-price format. Artisan Fishing is not directly involved in the transaction between buyers and sellers. As a result, Artisan Fishing has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Artisan Fishing does not pre-screen users (except for services that require an application) or the content or information provided by users. Artisan Fishing cannot ensure that a buyer or seller will actually complete a transaction. Artisan Fishing does not transfer legal ownership of items from the seller to the buyer.

Artisan Fishing encourages you to communicate directly with potential transaction partners. You agree that Artisan Fishing is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Artisan Fishing. You use the Artisan Fishing service at your own risk.

Artisan Fishing’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Artisan Fishing may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Joining and setting up products on Artisan Fishing is free (excluding additional sales channels on Artisan Fishing that may have separate fees). Artisan Fishing collects a percentage-based commission of the sale price when the item sells. If you have opted in for additional services, when you list an item, you have an opportunity to review and accept any fees that you may be charged and decide whether you would like your listings to be automatically renewed. Artisan Fishing’s Fee Policy is subject to change and is incorporated into this Agreement by reference. Artisan Fishing may, at Artisan Fishing’s sole discretion, change some or all of Artisan Fishing’s services at any time. In the event Artisan Fishing introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using Artisan Fishing.

Individuals under the age of 18 must at all times use Artisan Fishing’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance - You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Artisan Fishing’s policies as stated in the Agreement and Guidelines which may be updated by Artisan Fishing from time to time without notice to you.

Account Information Password - You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Artisan Fishing you must provide and maintain valid payment information such as valid credit card information. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Artisan Fishing of any unauthorized use of your password or any breach of security. You also agree that Artisan Fishing cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Artisan Fishing without Artisan Fishing’s express written permission.

Account Transfer - You may not transfer or sell your Artisan Fishing account. You are responsible for all activity of the account. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service - Artisan Fishing’s services are not available to temporarily or indefinitely suspended Artisan Fishing members. Artisan Fishing reserves the right, in Artisan Fishing’s sole discretion, to cancel unconfirmed or inactive accounts. Artisan Fishing reserves the right to refuse service to anyone, for any reason, at any time.

Listing Description - All listings on Artisan Fishing must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Artisan Fishing’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale of your products. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Because Artisan Fishing is a marketplace, not a directory, we require that vendors do not add outside links to product listings. This includes but is not limited to links to any other site where a vendor's products are listed, social media pages, or other online vendors. A vendor may link to their own website in their storefront. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Seller Policies - All sellers are urged to outline shopping policies for their Artisan Fishing products. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with Artisan Fishing’s site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Artisan Fishing reserves the right to request that a seller modify a policy.

Binding Sale - Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance - The price stated in each item listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Artisan Fishing transaction fees, misrepresent the item's location, or use another user's account without permission.

You are solely responsible for your conduct and activities on and regarding to Artisan Fishing and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Artisan Fishing.

Restricted Activities - Your Content and your use of Artisan Fishing shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  4. Violate this Agreement or our site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
  6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Artisan Fishing staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  8. Interfere with a seller’s business
  9. Take any action that may undermine online reviews or feedback
  10. Be obscene or contain child pornography
  11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  12. Host images not part of a listing
  13. Modify, adapt or hack Artisan Fishing or modify another website so as to falsely imply that it is associated with Artisan Fishing;
  14. Appear to create liability for Artisan Fishing or cause Artisan Fishing to lose (in whole or in part) the services of Artisan Fishing’s ISPs or other suppliers
  15. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, Artisan Fishing Guidelines, or other policy documents as posted on Artisan Fishing.

Furthermore, you may not list any item on Artisan Fishing (or consummate any transaction that was initiated using Artisan Fishing’s service) that, by paying to Artisan Fishing any fees, could cause Artisan Fishing to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

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

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Artisan Fishing user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Artisan Fishing-related communications. Artisan Fishing has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Artisan Fishing user to your email or physical mail list.

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

Idea Submissions - Artisan Fishing considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Artisan Fishing shall not be liable for the disclosure or use of such Material. Any communication by you to Artisan Fishing is subject to this Agreement. You hereby grant and agree to grant Artisan Fishing, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Artisan Fishing does not control the Content provided by users that is made available on Artisan Fishing. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Artisan Fishing, you agree to accept such risks and that Artisan Fishing (and Artisan Fishing’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artisan Fishing. Please use caution, common sense, and practice safe buying and selling when using Artisan Fishing.

Other Resources - Artisan Fishing is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Artisan Fishing does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Artisan Fishing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Disputes - Artisan Fishing’s Intellectual Property - Artisan Fishing’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Privacy - Artisan Fishing will not sell or disclose your personal information to third parties without your explicit consent. Artisan Fishing stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

ARTISAN FISHING, ARTISAN FISHING'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTISAN FISHING'S SUPPLIERS PROVIDE ARTISAN FISHING'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTISAN FISHING, ARTISAN FISHING'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTISAN FISHING'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTISAN FISHING SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL ARTISAN FISHING, AND (AS APPLICABLE) ARTISAN FISHING'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTISAN FISHING'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTISAN FISHING'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ARTISAN FISHING'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTISAN FISHING'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ARTISAN FISHING IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

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

No Guarantee - Artisan Fishing does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Artisan Fishing’s control.

Legal Compliance; Taxes - You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artisan Fishing service 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 on Artisan Fishing’s net income).

Severability - If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency - You and Artisan Fishing are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Artisan Fishing Service - Artisan Fishing reserves the right to modify or terminate the Artisan Fishing service for any reason, without notice, at any time. Artisan Fishing reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Artisan Fishing makes a material change Artisan Fishing will notify you here, by email, by means of a notice on our home page, or other places Artisan Fishing deems appropriate. What constitutes a "material change" will be determined at Artisan Fishing’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law -This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Wisconsin, excluding its conflicts of laws rules, and the United States of America.

Survival - All policies shall survive any termination or expiration of other policies in this agreement.

Notices - Except as explicitly stated otherwise, any notices shall be given by postal mail to Artisan Fishing, 2010 Eastwood Dr, Madison, WI 53704

Disclosures - The services hereunder are offered by Artisan Fishing LLC, located at 2010 Eastwood Dr., Madison, WI 53704.