SOYYO MAG Terms of Service

Last Updated Date: September 5, 2019

SOYYO MAG LLC,. (“SOYYO MAG,” “we” or “our”) provides a service for viewing, selling and purchasing original works of art / products and commercially exploiting digital images of works of art through our website, accessible at www.SOYYOMAG.com (the “Site”) or mobile application (the “Mobile Application”) together with any services, software, tools, features or functionality made available by SOYYO MAG (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.SOYYOMAG.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and SOYYO MAG LLC.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

SOYYO MAG reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original works of art / products (as defined below), Digital Works (as defined below), SOYYO MAG Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Account Registration

In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become registered. SOYYO MAG reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify SOYYO MAG of any unauthorized use of your Account.

Privacy

See SOYYO MAG’s Privacy Policy at www.soyyomag.com/privacy for information and notices concerning SOYYO MAG’s collection and use of your personal information.

Seller Terms and Conditions

Listing Works on the Services

As a Member, you may submit listings for original works of product available for commerce, (“Original works of art / products”) that you have created and that you desire to sell through the Services. You may not submit listings for Original works of art / products that were created by another artist. As a Member you may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide SOYYO MAG with all the information requested by SOYYO MAG and you must comply with any other SOYYO MAG requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing SOYYO MAG with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with SOYYO MAG’s then-current listings content guidelines, which are available at www.soyyomag.com/guidelines. SOYYO MAG reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.

You acknowledge that SOYYO MAG reserves the right to promote and market Original works of art / products and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original works of art / products and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Services - please see below for instructions.

If you want to remove a listing for an Original Work of Art or Digital Work from the Services you must email us at love@soyyomag.com.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original works of art / products and Digital Works that you make available through the shop. Accordingly, you represent and warrant that: (i) as to Original works of art / products that you make available through the Services, you are the creator of all such Original works of art / productss and you are the sole and exclusive owner of all such Original works of art / products; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to SOYYO MAG the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original works of art / products nor Digital Works that you make available through the Services nor SOYYO MAG’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original works of art / products, you are selling such Original works of art / products through the Services and on third party websites and sales channels (collectively Online Sales) and you hereby grant SOYYO MAG a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting SOYYO MAG, the Services.

If you submit listings for Digital Works, you hereby grant SOYYO MAG a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (Offline Sales); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting SOYYO MAG and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. SOYYO MAG Art may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling SOYYO MAG Art to process and fulfill orders for Printed Works.

If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and SOYYO MAG Art, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.

SOYYO MAG Art and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or SOYYO MAG’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between SOYYO MAG and the third party website or SOYYO MAG’s Offline Sales partner, as applicable, to SOYYO MAG and share related shipping information, including the contact details of the purchaser where necessary, with SOYYO MAG.

For Original works of art / products only, SOYYO MAG will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by SOYYO MAG, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. SOYYO MAG Art will provide you with information regarding its preferred shippers with which SOYYO MAG maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the Shipping Period). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a SOYYO MAG preferred shipper account, SOYYO MAG will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to SOYYO MAG if you are using a SOYYO MAG Art preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, SOYYO MAG (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a SOYYO MAG preferred shipper or if you pay for the cost of shipping yourself, SOYYO MAG will reimburse you for the amount you paid for shipping, up to the amount that SOYYO MAG or the third party website charged the purchaser for shipping.

For sales of Original works of art / products via the Online Sales channels, SOYYO MAG will credit your Account in an amount to be determined in accordance with SOYYO MAG’s then-current standard pricing and revenue share terms, which may be found at in your contract (the “Consignment Agreement”); for sales of Original works of art / products via the Services, subject to SOYYO MAG’s receipt of confirmation of delivery to the purchaser, SOYYO MAG will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original works of art / products via third party websites, SOYYO MAG will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by SOYYO MAG, in its sole discretion.

You agree to comply with the terms and conditions of SOYYO MAG Art’s then-current Return Policy www.soyyomag.com/shipping that are applicable to any Original works of art / products that are sold through the Services.

For sales of Printed Works via Online Sales and Offline Sales, SOYYO MAG Art will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in SOYYO MAG Art’s then-current standard pricing and revenue share terms, which, as noted above, may be found within your contract.

You will have the right to request SOYYO MAG to remit the Artist Revenue Share in your Account in accordance with a SOYYO MAG -designated payment schedule. Upon the termination of these Terms or cancellation of your Account, SOYYO MAG Art will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

If you remove a listing for a Digital Work from the Services, the license rights granted by you to SOYYO MAG with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for SOYYO MAG and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by SOYYO MAG or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to SOYYO MAG with respect to using such Digital Work to promote SOYYO MAG, the Services will remain in full force and effect for only as long as necessary for SOYYO MAG to fulfill any current obligations that require using the Digital Work for such promotional purposes.

Purchaser Terms and Conditions

Purchases of Original works of art / products

As a Member, you may purchase Original works of art / products that are listed by other Members on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from the Member identified on the listing for such work and not from SOYYO MAG. Prices for Original works of art / products will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. SOYYO MAG and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original works of art / products (including, but not limited to oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of SOYYO MAG’s then-current Return Policy apply to any Original works of art / products that you purchase through the Services. When you purchase Original works of art / products via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. The terms and conditions of SOYYO MAG’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

Order Cancellations

SOYYO MAG reserves the right to cancel any order for an Original Work of Art or Product placed via the SOYYO MAG determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If SOYYO MAG cancels an order placed via the Services, SOYYO MAG will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Member and have submitted a listing for an Original Work of Art, Product, or a Digital Work and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art or Digital Work to such Member independent of SOYYO MAG. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art or Digital Work from such Member independent of SOYYO MAG. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to SOYYO MAG including, without limitation, injunctive or other appropriate relief.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original works of art / products and/or Printed Works, you acknowledge that SOYYO MAG will withhold the Taxes required to be withheld from the payments SOYYO MAG makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

  • For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.

  • For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original works of art / products and Printed Works.

  • Additional Tax information can be found by visiting upon consulting your accountant.