Terms of Use
Effective January 1, 2006
Terms of Use Agreement
FineArtAmerica.com is an online service which brings together
artists ("Artists"), art galleries ("Galleries"), and art
collectors ("Collectors"). By using the FineArtAmerica.com
website ("Website") you agree to be bound by this
Terms of Use Agreement ("Agreement"), whether or not you register as a
Artist, Gallery, or Collector, collectively known as members ("Members"). If you wish
to become a Member, communicate with other Members, or make use of the FineArtAmerica.com services (the "Service"), please read this Agreement
and indicate your acceptance by following the instructions during the
registration process.
This Agreement sets out the legally binding terms for your use of the
Website and your Membership in the Service. FineArtAmerica.com
may modify this Agreement from time to time and such modification shall
be effective upon posting to the Website by FineArtAmerica.com.
You agree to be bound to any changes to this Agreement when you use the
Service after any such modification is posted. This Agreement
includes FineArtAmerica.com's policy for acceptable use and content
posted on the Website, your rights, obligations, and restrictions
regarding your use of the Website and the Service.
Artists
After opening an Artist account on FineArtAmerica.com, Artists are able to created detailed on-line profiles of themselves, including: artist name, biography, sample artwork, areas of expertise, phone numbers, e-mail addresses, contact information, and much more. All of this information is fully disclosed on the FineArtAmerica.com website. Any site visitor that visits FineArtAmerica.com and navigates to a artist's "profile page" will be able to view all of the profile information that has been entered by that Artist. The visitor is not required to login in order to view this information. The Artist's information will be open to any and all visitors.
Galleries
After opening an Artist account on FineArtAmerica.com, Galleries are able to created detailed on-line profiles of their business, including: gallery name, gallery description, sample artwork, areas of expertise, phone numbers, e-mail addresses, contact information, and much more. All of this information is fully disclosed on the FineArtAmerica.com website. Any site visitor that visits FineArtAmerica.com and navigates to a gallery's "profile page" will be able to view all of the profile information that has been entered by that Gallery. The visitor is not required to login in order to view this information. The Gallery's information will be open to any and all visitors.
Cancellation of Artist / Gallery Accounts & Refund Policy
An Artist and/or Gallery may close his / her account at any time by sending an e-mail to accounts - at - fineartamerica.com (subject: account termination). Upon receipt of the e-mail, FineArtAmerica.com will immediately close the account and remove the associated profile page from the site.
Art Collectors
An art collector would open an account with FineArtAmerica.com for one of two reasons: to post quote requests or to post messages on the FineArtAmerica discussion board. In order to maintain the relevance and integrity of all quote requests and messages that are posted, we require Collectors to open a free account and provide their contact information before posting requests and messages. The collected information includes: first name, last name, city, state, zipcode, phone number (optional), and e-mail address. This information is disclosed on the website at the sole discretion of the Collector. When posting quote requests, the Collector has the option of posting "openly" or "confidentially". If the Collector selects "openly", then all of the Collector's contact information will be posted along with the quote request. If "confidentally" is selected, then only the following information will be submitted: the Collector's city, state, and zipcode. This information will reveal the location of the Collector, but not his / her identity.
The owner of the Collector account ("Collector Account Owner") is the person who created the account.
Cancellation of Collector Accounts
A Collector Account Owner may close his / her account at any time by sending an e-mail to accounts - at - fineartamerica.com (subject: account termination). Upon receipt of the e-mail, FineArtAmerica.com will immediately close the User account.
Eligibility
Membership in the Service is void where prohibited. By using
the Website and the Service, you represent and warrant that all
registration information you submit is truthful and accurate and that
you agree to maintain the accuracy of such information. You
further represent and warrant that you are 18 years of age or older and
that your use of FineArtAmerica.com shall not violate any applicable
law or regulation. You are solely responsible for all Content
published or displayed through your account, including any email
messages, and for your interactions with other Members.
Term & Fees
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by sending an e-mail to accounts - at - fineartamerica.com ( subject: account termination). FineArtAmerica.com may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to FineArtAmerica.com. If FineArtAmerica.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after membership is terminated, this Agreement will remain in effect. FineArtAmerica.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that FineArtAmerica.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
In addition, FineArtAmerica.com reserves the right to charge monthly membership fees for Artists, Galleries, and Collectors. The current fee for standard memberships is $0.00 / month. The current fee for print-on-demand memberships is $30 / year. The print-on-demand fee is automatically charged to the print-on-demand members once per year on the anniversary of their sign-up dates.
A notification of any fee change will be e-mailed to all affected
Members at least 30 days in advance of the change. Any Member that
wishes to cancel his/her account may do so at any time by sending an
e-mail to accounts - at - fineartamerica.com (subject: account termination). Upon cancelation, members will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the member's sign-up date).
Proprietary Rights in Content on FineArtAmerica.com
FineArtAmerica.com owns and retains all proprietary rights in the
Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of FineArtAmerica.com and
its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
Content Posted on the Site.
a. You understand and agree that FineArtAmerica.com may review and delete any content, message, photo or profile (collectively, "Content") that in the sole judgment of FineArtAmerica.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to FineArtAmerica.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FineArtAmerica.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that is sexual in nature; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. is irrelevant to the industrial automation industry and the stated purpose of this website.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
It is the policy of FineArtAmerica.com to terminate membership
privileges of any member who repeatedly infringes copyright upon prompt
notification to FineArtAmerica.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Service in
a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Member Disputes
You are solely responsible for your interactions with
other FineArtAmerica.com Members. FineArtAmerica.com, Inc.
reserves the right, but has no obligation, to monitor disputes between
you and other Members.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy
Policy.
Disclaimers
FineArtAmerica.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the
Service provided, whether caused by Members of the Website or by any of
the equipment or programming associated with or utilized in the Service.
FineArtAmerica.com is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service.
FineArtAmerica.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any user or Member communication.
FineArtAmerica.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email
or players due to technical problems or traffic congestion on the
Internet or at any Website or combination thereof, including any injury
or damage to users and/or Members or to any person's computer related to
or resulting from participation or downloading materials in connection
with the Website and/or in connection with the Service. Under no
circumstances shall FineArtAmerica.com be responsible for any loss or
damage, including personal injury or death, resulting from use of the
Website or the Service or from any Content posted on the Website or
transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service
are provided "AS-IS" and FineArtAmerica.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
FineArtAmerica.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL FINEARTAMERICA.COM BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE WEB SITE OR THE SERVICE, EVEN IF FINEARTAMERICA.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, FINEARTAMERICA'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU
TO FINEARTAMERICA FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes
If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that any dispute shall be
governed by the laws of the State of New York without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in
the state and federal courts of the State of New York, City of New York.
Indemnity
You agree to indemnify and hold FineArtAmerica.com, its
subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
Other
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FineArtAmerica.com regarding the use of the Website and/or the Service. The failure of FineArtAmerica.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.