Terms and Conditions

The Arts Theatre & The Arts Theatre Marketplace

Terms and Conditions

Operated by: HIM By HER presents The Arts Theatre, a program of HimByHer, Inc. (Indiana nonprofit corporation)

Effective Date: May 1, 2025

1. Overview

Welcome to The Arts Theatre Online Store and The Arts Theatre Marketplace (collectively, the "Platform"). By accessing, browsing, selling on, or purchasing from the Platform, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Platform.

These Terms apply to:

Customers purchasing products
Artists, brands, and sellers participating in the Marketplace (including SYOB participants)

2. Platform Structure & Non-Affiliation

The Platform provides digital infrastructure for:

Curated sales by The Arts Theatre
Independent third-party sellers operating their own brands

Marketplace sellers operate independently and are not employees, agents, partners, or representatives of HimByHer, Inc. or The Arts Theatre. The Platform does not guarantee sales, endorse seller claims, or control seller operations.

3. Products and Services

Products may include:

Original artwork and prints
Digital products
Merchandise
Seller-branded goods

All products are subject to availability and may be modified or removed at any time without notice.

4. Pricing and Payments

Customers

All prices are listed in U.S. Dollars (USD)
Applicable taxes are included unless otherwise stated
Accepted payment methods include:
- Visa, Mastercard, American Express, Discover
- PayPal, Apple Pay, Google Pay
- Shop Pay and other Shopify-supported gateways

Confirmed orders are not affected by later price changes.

Sellers (SYOB Program)

SYOB participation requires a $250/month membership fee
Fees grant access to publishing, onboarding, and marketplace tools
Fees do not guarantee sales or revenue
All fees are non-refundable

Failure to pay results in immediate suspension. Accounts may be terminated after 30–60 days of nonpayment.

5. Shipping and Delivery

Orders are processed within 2–4 business days.

Estimated delivery times:

U.S.: 3–7 business days
International: 7–21 business days

Shipping delays caused by carriers or customs are outside Platform control. Tracking information is provided once orders ship.

Sellers are solely responsible for fulfillment of their own products.

6. Returns and Refunds (Customers)

Eligible items may be returned within 14 days of delivery if unused and in original condition.

Non-returnable items include:

Digital downloads
Custom or made-to-order items
Gift cards
Sale items

Sellers are responsible for honoring their own return obligations where applicable.

7. Seller Responsibilities

Marketplace sellers are fully responsible for:

Legal and tax compliance
Accurate product descriptions
Fulfillment and shipping
Customer service and dispute resolution
Marketing, promotions, and communications

The Platform is not liable for seller conduct, product quality, or customer disputes.

8. Use of the Platform

You agree not to:

Misuse the Platform
Upload false, illegal, or infringing content
Attempt to disrupt or exploit platform systems

Accounts may be suspended or terminated for violations.

9. Accounts & Security

Users are responsible for maintaining the confidentiality of account credentials and all activity under their account.

10. Intellectual Property

All Platform content—including logos, branding, designs, text, and media—is the property of The Arts Theatre, HimByHer, Inc., or individual creators.

Content may not be reproduced, distributed, or exploited without express written permission.

11. Limitation of Liability

To the fullest extent permitted by law, The Arts Theatre and HimByHer, Inc. are not liable for indirect, incidental, or consequential damages arising from Platform use, seller activity, or purchased products.

12. Privacy

Use of the Platform is governed by the Privacy Policy. Information is collected only as necessary for operations and is not sold. Third-party services such as Shopify, Webkul, and payment processors are utilized.