Welcome to the ArtAreas.com User Agreement. Contained within this Agreement are the terms and conditions governing the use of the services at the ArtAreas.com and it's subsidiary websites. By using this site, you indicate your acceptance of the terms and conditions of this Agreement. If, for any reason, you do not accept these terms and conditions or have any questions, please send email to email@example.com.
We reserve the right to change and or amend this Agreement at any time by posting the amended terms on our site. The amended or changed terms or conditions shall automatically be effective 30-days after they are initially posted on our site.
Who is eligible to use our site?
In order to use the ArtAreas.com site one must be legally able to enter into binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
How do I participate?
Listing on the ArtAreas.com website is free. We act as an escrow agent during the course of the transaction to provide security for both the buyer and seller and charge a nominal 15% seller's fee for each completed transaction. You are responsible for paying all applicable taxes resulting from the sale or purchase of any item on the ArtAreas.com website and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We reserve the right to add, delete, or change some or all of our services at any time, and without notice.
The ArtAreas.com website is Only a Venue
The ArtAreas.com website acts as a venue for sellers to list objects and for buyers to make purchases based on these sellers' listings. Our involvement in the actual transaction between buyers and sellers is limited to providing an escrow service to facilitate the transfer of money in these transactions. Because of this, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot, and do not control whether or not sellers will complete the sale of items they offer, or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Because we act only as an escrow agent in user to user transactions, in the event that you have a dispute with one or more users, you release our agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Inquiring and Purchasing
Once we have determined the availability of the work and informed you that a transaction may take place, upon placing your funds in escrow, and consenting to the shipment of the work, you are obligated to complete the transaction. If for any reason you should decide to cancel the transaction after placing your funds in escrow, you will be responsible for any and all Shipping and Handling fees for the initial shipment of the work, you will be responsible for the return condition, shipping, and handling of the work, and a 5% processing fee to cover any transaction and administrative charges will be assessed. Upon return of the work to the seller in identical condition to which it was originally sent, your account will be credited or a company check will be issued for the amount placed in our escrow less the aforementioned fees. Purchases are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your purchase or clear typographical errors which clearly affect the value of the item in a negative fashion. An acceptance period where your funds remain in escrow is provided upon receipt of the work(s) for a standard 3 business days. Upon request, additional time may be allotted (at our discretion and the agreeent of the seller) for the acceptance period for review and/or appraisal of the work, up to a period of 14 days. After accepting the work, or by allowing the pre-arranged or standard acceptance period to expire, your funds will be released from escrow and remitted to the seller, less our seller's fee. Once we have made payment to the seller, our role as a broker in facilitating the transaction is complete, and any and all disputes must be handled directly with the seller.
Listing Works for Sale
Listings are text descriptions, graphics and pictures on our web site supplied by you that both (a) textually describe the item you are listing for sale, and (b) link to the text, graphics and picture(s) describing the item you are listing for sale.
You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of it. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers.
Your information, and the sale of your item(s) on our site:
shall not be fraudulent or involve the sale of counterfeit or stolen items;
shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
shall not be obscene or contain child pornography or otherwise harmful to minors;
shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
shall not link directly to or include descriptions of goods or services that:
are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount;
are concurrently listed for auction on a web site other than ours; or
you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any:
item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
ArtAreas.com may assist users with listing their art, at our discretion, and under no obligations. ArtAreas.com is not responsible for the return to the seller of any materials sent to our company, including, but not limited to, photographs, slides, images in any electronic format, or printed materials.
By using the ArtAreas.com system and its related websites, for the purpose of facilitating the the sale of your art, you agree that you will pay a sellers fee of 15% of the total cost of a normal sale. This fee will be assessed prior to payment to you, the seller. You agree that upon the electronic sale of the artwork, to expedite shipment to the buyer. You also understand that any payment due you, the user, will not be made until the shipment of merchandise to the buyer and the agreed to acceptance period (a standard 3 business days) has transpired. Payment will typically be sent to you in the form of a company check within seven business days after this time. You also understand that all aspects of customer satisfaction fall upon you, the seller, and not ArtAreas.com, the broker. If a customer isn't completely satisfied, and said customer demands a refund after ArtAreas.com has remitted payment to you, you agree to either pay the refund amount to the customer, offer them a credit, or come to another such remedy.
Breach of Agreement
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us, or if we find that you have provided fraudulent information to us.
WE AND OUR SUPPLIERS PROVIDE THE WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your state may not allow the disclaimer of implied warranties, in which case the aforementioned disclaimer would not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Limitation of Liability
You acknowledge that the opinions, advice, statements, services, products, offers or other information or content available on this bulletin board are those of the authors and not of ArtAreas.com. ARTAREAS.COM PARTNERS, PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, INCLUDING BUT NOT LIMITED TO WEBAREAS.COM, CANNOT AND DO NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR USEFULNESS OF, OR OTHERWISE ADOPT OR ENDORSE, ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PRODUCTS, OFFERS OR OTHER INFORMATION OR CONTENT AVAILABLE ON OR POSTED ON THIS SITE.
NEITHER ARTAREAS.COM, WEBAREAS.COM LLC, NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF THE INFORMATION HOSTED ON THIS SITE OR ANY ACTIONS TAKEN IN RESPONSE TO ANY INFORMATION ON THIS SITE OR YOUR USE OF (OR INABILITY TO USE) THIS SITE.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
You and our company are independent contractors, and no agency, partnership, joint venture, employee - employer, or franchisee - franchiser relationship is intended or created by this Agreement.
This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. All parties submit to jurisdiction in Ohio. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
© 1999 ArtAreas.com
All Rights Reserved