THE TERMS ON WHICH YOU ARE OFFERED ACCESS TO TheArtTrader.com.
Welcome to the website TheArtTrader.com provided by Junkstuff Inc. The Terms of Use outlined below define the terms and conditions applicable to your use of our services. If you do not agree to be bound by the terms and conditions of this Agreement, do not use our services.
You must read, agree with and accept all of the terms and conditions contained in this (i) Terms of Use and (ii) Privacy Policy, which include those terms and conditions expressly set out below and those incorporated reference, before you may become a user of TheArtTrader.com.
This Term of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on May 8th, 2007 for all users.
1. User Eligibility
Our services are available only to individuals over the age of 18. If you are under the age of 18, you can use this service only under the supervision of your parents or guardians. If you do not qualify, please do not use our site.
2. User Fees
Cost of use of the services provided by the website is a matter between the exhibitor and TheArtTrader.com.
3. We Are A Venue Only
The site acts as a venue to allow anyone to offer, sell, and buy works of art at anytime. We are not involved in the actual transaction between a buyer and a seller. We have no control over the quality, ownership or authenticity of the artwork exhibited, nor of the ability of sellers to sell or the ability of buyers to pay for artworks. We cannot ensure that a transaction will be completed.
4. Verification of Identitiy
Because user verification on the internet is difficult, TheArtTrader.com cannot and does not confirm each user’s identity. Users should communicate with potential trading partners in order to authenticate their identity.
5. No Control Over Exhibitor Information
We do not control the information provided by other users that is made available on our website. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the site. By using this site, you agree to accept all or any risks and TheArtTrader.com is not responsible for the acts or omissions of users on the site.
6. Buyer Obligations
The buyer is obligated to complete the transaction with the seller.
7. Exhibitor/Seller Obligations
The exhibitor must be legally able to sell the artwork listed for sale on the site. You must accurately describe your artwork and all the terms of sale on the listing page. Your listing may only include text descriptions, pictures and content relevant to the sale of that artwork. All artwork must be listed in a category appropriate for their medium and type.
8. Information You Provide
Upon using his site, you agree that your artwork information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen artworks; (c) infringe any third party copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy; (d) any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers; and (i) link directly or indirectly to or include descriptions of artworks that are prohibited under this agreement.
9. Listing Subject To Removal
We welcome all types of artworks, however we do retain the right to remove any artwork that does not fit any category on the site and/or is placed in the wrong category will be deleted. Any artwork displayed that the administrator at his sole discretion finds offensive or the quality of the image is such that it detracts from the listing and the site will be removed. Any exhibitor not willing to communicate, or is aggressive or rude to the administrator will be subject to removal.
10. Access And Availability
Much of the information on the site is updated on a real time basis and is proprietary or
licensed to TheArtTrader.com by our users or third parties. You agree that you will not use any robot, spider, or automated means to access the site for any purpose without our express written permission. Additionaly, you agree that you will not : (a) take any action that imposes, or may impose in our sole discretion an unreasonably disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your artwork information) from the site without the prior express written permission of TheArtTrader.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (d) bypass our measures that are designed to prevent or restrict access to the site.
11. Privacy Policy
We do not sell, or rent your personal information to third parties. We value protection of use as very important. We store and process your information on computers located in the United States that are protected by technological security devices. Our current Privacy Policy is available athttp://theartrader.com/privacy.htm. If you object to your information being transferred or used in this way please do not use our services or site.
12. No Warranties, Express or Implied
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS’” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 may also have other legal rights that vary from state to state.
13. Liability & Indemnification
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFIT OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT ( HOWEVER ARISING, INCLUDING NEGLIGENCE)
Our liability, and the liability of our subsidiaries, officers, directors, employees and suppliers or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay us in the 12 months prior to the action giving rise to liability, and (B) $100. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney’s 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.
14. Independent Contractors
You and TheArtTrader.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Miscellaneous
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site be interfered with by numerous factors outside of our control. If any provision of this agreement is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This agreement contained in these Terms of Use has been made and shall be construed for all purposes to have been made and shall be enforced in accordance with the laws of the State of Florida. Any action to enforce this agreement and the Terms of Use contained in it shall be brought in the state courts located in Miami Dade County, Florida.
This Agreement sets forth the entire understanding and agreement between with respect to the subject matter hereof.
