Terms of service

TERMS OF SERVICE
Darryl Chappell Foundation Artists Marketplace
Effective as of July 5, 2026

The Darryl Chappell Foundation (the “Foundation,” “we,” “our,” or “us”) is a 501(c)(3) nonprofit public charity whose mission is to empower Afrodescendant artists to build sustainable careers through community, mentorship, and market access. The following Terms of Service (the “Terms”) govern your participation in our online artists marketplace platform (the “Artists Marketplace”). The Artists Marketplace connects artists and buyers to advance arts access, community building, and economic opportunity for artists. The Artists Marketplace is powered by Shopify, which enables us to provide a curated shopping experience to you.
Before purchasing Artwork or using the Artists Marketplace, please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By accessing the Artists Marketplace, registering as a user, or purchasing any Artwork, you agree to be bound by these Terms and related policies referenced herein. If you do not agree to these Terms of Service or related policies, you should not use or access the Artists Marketplace. The italicized language at the start of each section provides a general guide but is not legally binding. The language below each italicized section constitutes the binding legal terms.

1. DEFINITIONS
Key terms used throughout these Terms.
“Artist” means an individual artist or artist’s authorized representative who has entered into an Artist Agreement with the Foundation to offer Artwork for sale through the Artists Marketplace.
“Artwork” means an original, one-of-a-kind work of art offered for sale by an Artist through the Artists Marketplace, including but not limited to paintings, sculptures, photographs, prints, drawings, mixed media works, and digital art.
“Buyer” or “you” means the individual or entity purchasing Artwork through the Artists Marketplace.
“Purchase Price” means the total amount due from Buyer, including the Artwork price set by the Artist, applicable sales tax, and shipping costs.
“Territory” means the fifty (50) states of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico.

2. FOUNDATION ROLE AND CHARITABLE MISSION
The Foundation operates the Artists Marketplace to advance its charitable mission of empowering Afrodescendant artists. We facilitate transactions between Artists and Buyers but do not own the Artwork.
(a) Charitable Purpose. The Foundation is a tax-exempt 501(c)(3) public charity. The Artists Marketplace advances our charitable mission by: (i) providing emerging and established Artists with a platform to exhibit and sell their Artwork; (ii) supporting arts education and cultural programming; (iii) increasing public access to original Artwork; and (iv) fostering community engagement with the arts. Revenue supports these charitable activities.
(b) Platform Facilitator. The Foundation operates the Artists Marketplace but does not act as the seller of Artwork. Each Artist is the seller of their Artwork. The Foundation facilitates transactions between Artists and Buyers by: (i) providing the technical platform; (ii) processing payments; (iii) coordinating shipping and delivery; (iv) providing customer support; and (v) maintaining quality standards.
(c) Limited Agency. For purposes of payment processing and transaction coordination only, the Foundation may act as a limited agent for the Artist. We collect the Purchase Price on behalf of the Artist, deduct applicable costs, and remit the balance to the Artist in accordance with our agreement with each Artist.
(d) Not Tax-Deductible. IMPORTANT: Purchases of Artwork through the Artists Marketplace are commercial transactions, not charitable donations. Artwork purchases are NOT tax-deductible as charitable contributions. If you wish to make a tax-deductible donation to support the Foundation’s charitable mission, please visit https://darrylchappellfoundation.org/donate/ or contact us at darryl@darrylchappellfoundation.org.

3. ELIGIBILITY AND ACCOUNT REGISTRATION
Who can use the Artists Marketplace and how to create an account.
(a) Age Requirement. You must be at least 18 years of age to purchase Artwork through the Artists Marketplace. By using the Artists Marketplace, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.
(b) Geographic Limitation. The Artists Marketplace is only available to individuals and entities with shipping addresses within the Territory. We do not ship Artwork outside the Territory.
(c) Account Creation. To purchase Artwork, you must create an account by providing accurate and complete information. You agree to: (i) provide truthful information; (ii) maintain and update your account information; (iii) maintain the security of your login credentials; (iv) notify us of unauthorized use; and (v) accept responsibility for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.
(d) Account Termination. We reserve the right to suspend or terminate your account, these Terms, or your access to the Artists Marketplace at any time in our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination. 

4. ARTWORK LISTINGS AND DESCRIPTIONS
Information about Artwork is provided by Artists. All Artwork is sold "as is."
(a) Artist-Provided Information. All information about Artwork is provided by the Artist. The Foundation displays this information as a courtesy but does not independently verify its accuracy. Artists are solely responsible for the accuracy of the information provided. The Foundation makes no representation regarding the accuracy of the information provided by Artists.
(b) Sold “As Is”. All Artwork is sold “AS IS” and “WITH ALL FAULTS” without warranties of any kind.
(c) Photographs and Dimensions. Photographs are for identification only. Dimensions are approximate. Minor variations do not constitute grounds for cancellation or return.
(d) Buyer Due Diligence. You are solely responsible for determining whether Artwork meets your requirements before purchasing. We encourage you to carefully review information, ask questions, and research the Artist.
(e) No Investment Advice. Artwork is sold for aesthetic, cultural, and artistic purposes. Neither the Foundation nor Artists provides representations regarding investment potential or future value.

5. PURCHASING ARTWORK
How purchases work, when sales become binding, payment requirements, and refund policy.
(a) Availability. Artwork is available for purchase on a first-come, first-served basis. The Foundation does not guarantee that any Artwork will remain available.
(b) Purchase Process. To purchase Artwork: (i) add the desired Artwork to your cart; (ii) review details and total Purchase Price; (iii) provide shipping address within the Territory; (iv) select payment method; (v) click final confirmation. By clicking confirmation, you submit an irrevocable offer to purchase.
(c) Binding Sale. A binding contract forms when: (i) you submit your purchase; (ii) payment is authorized; and (iii) you receive order confirmation via email. Please review your order carefully before submitting because, once formed, the sale is final and binding. You may not cancel, modify, or retract your purchase after confirmation, except as expressly provided in these Terms. 
(d) Right to Refuse. The Foundation reserves the right to refuse or cancel any purchase for any reason at its discretion, including, without limitation: (i) unavailability; (ii) Artist withdrawal; (iii) pricing errors; (iv) suspected fraud; (v) Terms violations; or (vi) technical errors. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

(e) Refund Policy. Your purchases are subject to return or refund solely in accordance with our Refund Policy. 

6. PRICING AND PAYMENT
What you pay, how payment works, and your obligations.
(a) Purchase Price Components. The Purchase Price includes: (i) Artwork price; (ii) shipping and handling; and (iii) applicable sales tax.
(b) Shipping Costs. You are responsible for all shipping and handling costs based on the shipping method and delivery address within the Territory. You must ensure your shipping address is correct. We cannot modify addresses after purchase.
(c) Sales Tax. You agree to pay all applicable sales taxes required by law, calculated based on your shipping address.
(d) Payment Methods. We accept major credit cards and other displayed payment methods. You authorize us to charge your payment method for the full Purchase Price.
(e) Currency. All prices are in USD. You are responsible for currency conversion fees charged by your financial institution.

7. SHIPPING AND DELIVERY
How Artwork is shipped, when risk transfers, and insurance coverage.
(a) Shipping Within Territory. We ship only to addresses within the Territory. We do not ship to PO Boxes or freight forwarders. Shipping times are estimates and not guaranteed.
(b) Packaging. The Artist will package the Artwork appropriately. The Foundation selects carriers and methods in our reasonable discretion.
(c) Title and Risk. Title and risk of loss pass to you when: (i) payment clears; and (ii) Artwork is delivered to the carrier. 
(d) Transit Insurance. The Foundation arranges transit insurance for shipments of Artwork. Coverage terms, limits, and the claims process are governed by the applicable insurance policy discussed below.
Transit insurance is provided on a per-shipment basis through UPS Capital’s InsureShield Connect program. Coverage limits vary by shipping method: up to $20,000 for small package shipments; up to $10,000 for truck, ocean, and air freight; and up to $5,000 for mail or parcel post. All coverage is subject to standard exclusions, including loss or damage caused by a Buyer’s delay. Artwork valued above the applicable per-shipment limit may not be fully covered. The Foundation is not responsible for losses that exceed applicable coverage limits or fall within a coverage exclusion. Full policy terms are available upon request.
(e) Delivery and Inspection. You must inspect Artwork immediately upon delivery. For Artwork with visible external damage, report immediately upon receipt, and no later than three (3) business days at artistsmarketplace@darrylchappellfoundation.org with photographs of the damage and original packaging. Failure to report timely may limit or eliminate your remedies under these Terms and under any applicable insurance policy. You may also be required to file a claim directly with the insurance carrier, in which case The Foundation will assist you upon receipt of your timely report of the damaged Artwork.. 
(f) Additional Shipping Terms. For more information regarding our shipping practices, please refer to our Shipping Policy.

8. RELATIONSHIP WITH SHOPIFY
How our relationship with Shopify affects you.
The Artists Marketplace is powered by Shopify, which enables us to provide a curated shopping experience to you. However, any sales and purchases you make from the Artists Marketplace are made directly with the Foundation. By using the Artists Marketplace, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and the Foundation, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions from the Artists Marketplace. 

9. REPRESENTATIONS AND WARRANTIES
What you promise when you make a purchase.
By purchasing, you represent and warrant that:
You are at least 18 and have legal capacity to contract;
All information you provide is accurate and complete;
You are purchasing for lawful purposes and will comply with all laws;
You will use a valid, authorized payment method;
Funds are not connected with criminal activity;
You are not subject to sanctions;
You will not violate laws in reselling or transferring Artwork.

10. INTELLECTUAL PROPERTY AND COPYRIGHT
Ownership of Artwork, reproduction rights, and intellectual property.
(a) Physical Ownership. When you purchase Artwork, you acquire ownership of the physical object only. Purchase does not transfer copyright or other intellectual property rights unless expressly agreed in writing by the Artist.
(b) Copyright Retention. The Artist retains all copyright and intellectual property rights, including rights to reproduce, display, distribute, and license the Artwork’s image. You may not reproduce or publish the Artwork without the Artist’s permission.
(c) Personal Use. You may display Artwork in your home and photograph it for personal, non-commercial purposes. For commercial use, exhibitions, or publications, obtain the Artist’s prior written consent.
(d) Artist Resale Rights. If you resell Artwork, you may be obligated to pay royalties to the Artist under applicable law. You are solely responsible for determining and fulfilling such obligations.
(e) Platform Content and Trademark Ownership. All content on the Artists Marketplace, including, without limitation, all Foundation names, logos, product and service names, designs, and slogans, is the property of the Foundation or licensors and protected by copyright. You may not copy or reproduce Artists Marketplace content without permission.

(f) Visual Artists Rights Act. For US-created Artwork, the Artist may retain moral rights under the Visual Artists Rights Act (VARA), including rights to claim authorship and prevent distortion. You agree to respect these rights.

11. DISCLAIMER OF WARRANTIES
All warranties beyond the Artist’s own representations are disclaimed.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE ARTISTS MARKETPLACE AND ALL ARTWORK ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND. THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FOUNDATION MAKES NO REPRESENTATIONS ABOUT: (A) ACCURACY OF ARTWORK DESCRIPTIONS; (B) QUALITY, CONDITION, OR VALUE OF ARTWORK; (C) WHETHER ARTWORK WILL MEET YOUR EXPECTATIONS; (D) FUTURE VALUE; (E) MARKETPLACE AVAILABILITY; OR (F) UNINTERRUPTED SERVICE. Some jurisdictions do not allow warranty exclusions, so some exclusions may not apply to you.

12. LIMITATION OF LIABILITY
The Foundation’s liability is limited to the amount you paid.
(a) MAXIMUM LIABILITY. THE TOTAL LIABILITY OF THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ARTISTS, VOLUNTEERS, AND AFFILIATES SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE ARTWORK AT ISSUE.
(b) EXCLUSION OF DAMAGES. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
(c) Basis of Bargain. You acknowledge the Foundation is a nonprofit operating the Artists Marketplace to advance our charitable mission of empowering Afrodescendant artists. Pricing is based on these limitations. Without them, we could not operate the Artists Marketplace on current terms.
(d) Exceptions. Nothing limits liability for: (i) death or personal injury from negligence; (ii) fraud; or (iii) liability that cannot be excluded by law.

13. INDEMNIFICATION
You agree to protect the Foundation from claims arising from your use.
Scope. You agree to indemnify, defend, and hold harmless the Foundation, its officers, directors, employees, agents, Artists, volunteers, and affiliates from claims arising from your: (a) violation of these Terms; (b) violation of laws; (c) violation of third-party rights; (d) misrepresentations; (e) use of Artwork after purchase; or (f) disputes with Artists.
Procedures. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

14. PRIVACY AND DATA PROTECTION
How we collect, use, and protect your information.
(a) Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Artists Marketplace, you consent to the practices described in these privacy policies.

(b) Information Sharing. We share your name, address, and order details with Artists to facilitate fulfillment. Artists may use your personal information for order fulfillment only.
(c) Payment Information. Payment processing is handled by third-party processors. We do not store complete credit card information.
(d) Communications. By purchasing through the Artists Marketplace, you consent to receive transactional emails about your order. You may opt out of promotional, but not transactional, communications.

15. PROHIBITED USES
Activities not permitted on the Artists Marketplace.
You agree not to:
Use the Artists Marketplace for unlawful purposes or in violation of these Terms;
Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
Impersonate any person or misrepresent affiliations;
Interfere with or disrupt the Artists Marketplace or servers;
Attempt to gain unauthorized access to the Artists Marketplace;
Use automated means to access the Artists Marketplace;
Copy, reproduce, or create derivative works of Artwork without permission;
Transmit viruses or harmful code;
Engage in fraud, including using stolen payment methods;
Harass, abuse, or intimidate others;
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Artists Marketplace, or which, as determined by us, may harm the Foundation, Shopify or users of the Artists Marketplace, or expose them to liability.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

16. DISPUTE RESOLUTION
How disputes will be resolved.
(a) Informal Resolution. Please first contact us at artistsmarketplace@darrylchappellfoundation.org to attempt an informal resolution. Most disputes can be resolved through communication.
(b) Governing Law. These Terms are governed by the laws of the District of Columbia, without regard to conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply.
(c) Jurisdiction. Any legal action shall be brought exclusively in state or federal courts in Washington, District of Columbia, and you consent to personal jurisdiction and venue.
(d) Time Limitation. Claims must be filed within six (6) months after arising. Otherwise, claims are permanently barred.

17. GENERAL PROVISIONS
Additional legal terms.
(a) Entire Agreement. These Terms, with our Privacy Policy, Refund Policy, and Shipping Policy constitute the entire agreement and supersede all prior agreements.
(b) Amendments. We may modify these Terms at any time by posting updated Terms with a new effective date. Continued use after changes constitutes acceptance.
(c) Severability. If any provision is invalid, the remaining provisions continue in effect. Invalid provisions shall be modified minimally to make them valid.
(d) Waiver. No waiver of any provision constitutes a waiver of other provisions. Our failure to enforce any right does not waive that right.
(e) Assignment. You may not assign these Terms without our consent. We may freely assign these Terms without consent or notice to you. These Terms bind successors and assigns.
(f) Notices. Notices to us must be in writing to 1899 L Street, Suite 850, Washington, DC 20036 or artistsmarketplace@darrylchappellfoundation.org. Notices to you will be sent to your email. Notices are deemed given when sent by email or three days after mailing.
(g) Force Majeure. We are not liable for failure due to circumstances beyond our control, including acts of God, disasters, war, labor disputes, or government actions.
(h) Third-Party Beneficiaries. Artists are intended third-party beneficiaries and may enforce provisions benefiting them. Otherwise, these Terms confer no rights on non-parties.
(i) Survival. Sections 10, 11, 12, 13, 16, and 17 survive termination.
(j) Headings. Section headings and italicized text are for convenience only.

18. CONTACT INFORMATION
Questions, concerns, or complaints should be directed to:
Darryl Chappell Foundation
1899 L Street NW, Suite 850
Washington, DC 20036
312.957.6679
artistsmarketplace.darrylchappellfoundation.org

By using the Artists Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.