Artist Terms of Service

1. Acceptance of Terms

By applying for an artist account with The Noir Atlas, you agree to be bound by these terms. These terms govern your use of the platform to create an artist profile, showcase your work, and sell through the marketplace. If you do not agree, do not submit an artist application.

2. Who Can Apply

The Noir Atlas artist section is open to all Black creatives and makers across every discipline, including but not limited to:

Artists who also operate a business (e.g., a clothing brand, a studio, a bakery) may additionally apply for a business account under the same credentials.

3. Verification and Eligibility

All artist applications are reviewed before activation. The Noir Atlas reserves the right to approve, decline, or revoke any artist account at its sole discretion. You must provide an accurate profile, at least one social media handle or portfolio link, and a brief description of your practice. All new accounts are set to Pending until approved.

4. Artist Profile and External Links

Artists may include links to external platforms on their profile, including but not limited to Instagram, TikTok, Etsy, personal websites, YouTube, SoundCloud, and Bandcamp. You are responsible for ensuring that all linked content complies with these terms and the terms of those external platforms. The Noir Atlas does not control and is not responsible for the content of external sites.

5. Marketplace Sales

Artists may list items for sale directly through The Noir Atlas marketplace. All purchases are processed through Stripe. By listing items for sale, you agree to the following fee structure:

• 5% platform fee (The Noir Atlas)
• ~2.9% + $0.30 per transaction payment processing fee (Stripe)

The remaining amount after fees constitutes your payout. You are responsible for understanding and accepting these fees before listing items for sale.

6. Product Listings

You are solely responsible for the accuracy, legality, and quality of all items listed in your shop. Listings must accurately represent the item — including condition, dimensions, materials, and any digital vs. physical nature. You must be the original creator or have full rights to sell the items you list.

Prohibited listing types include but are not limited to: counterfeit goods, unlicensed reproductions of others' intellectual property, prohibited substances, and items that violate any applicable law.

7. Order Fulfillment and Shipping

You are responsible for fulfilling all orders placed through your shop, including packaging, shipping, and customer communication. You must ship within the timeframe stated on your listing. Failure to fulfill orders will result in a refund being issued to the buyer and may lead to account suspension.

8. Returns and Refunds

You are responsible for establishing and honoring a clear return and refund policy on each listing. In cases of non-delivery, significant item-not-as-described disputes, or order errors, The Noir Atlas may issue a refund to the buyer and deduct the amount from your future payouts. Stripe processing fees are non-refundable in all cases.

9. Intellectual Property

You retain full ownership of all original work you create and list on the platform. By listing on The Noir Atlas, you grant AVCLLC26 a non-exclusive, royalty-free license to display, promote, and market your work on the platform and in platform-related marketing materials. This license does not transfer ownership and does not allow us to sell or sublicense your work.

10. Digital Downloads

Artists may sell digital files through the platform. By uploading a digital file for sale, you represent and warrant that:

• You own or have the full legal right to distribute the file
• The file does not contain malicious code, malware, or harmful software
• The file does not contain illegal content of any kind, including but not limited to pirated material, content that violates intellectual property law, or obscene or illegal material
• The file is accurately described in your listing

Illegal content policy: Any artist reported for uploading or selling illegal digital content will be immediately suspended from the platform without notice. The incident may be reported to the appropriate law enforcement authorities. This action is non-negotiable and not subject to appeal.

Buyer acknowledgment: Buyers must acknowledge at the time of purchase that digital sales are final and non-refundable, and that The Noir Atlas is not responsible for the content of downloaded files. Buyers download third-party files at their own risk.

No refunds on digital purchases: Due to the nature of digital goods, all digital sales are final once the download link has been delivered. Exceptions may be made at our sole discretion in cases of technical failure on our end.

11. Prohibited Conduct

• Selling work you did not create or do not have rights to sell
• Uploading digital files containing malware, illegal content, or content you do not own
• Misrepresenting materials, dimensions, or condition of items
• Manipulating reviews or buyer feedback
• Soliciting buyers to transact outside the platform to avoid fees
• Using the platform to harass other users

12. Limitation of Liability

The Noir Atlas provides a discovery and marketplace platform. We do not produce, inspect, scan, or guarantee any artwork, physical goods, or digital files listed by artists. AVCLLC26 shall not be held liable for any disputes between artists and buyers, quality issues, shipping damage, the content of downloaded digital files, or any other loss arising from marketplace transactions. Buyers download digital files at their own risk.

13. Contact

For questions about these terms, contact legal@thenoiratlas.com.