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Terms of Use

By using the Shop.ArtWeLove.com website ("Shop.ArtWeLove"), a service of ArtWeLove LLC, you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").

General Terms

  1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
  2. You are responsible for keeping your password secure.
  3. You must not abuse, harass, threaten, impersonate or intimidate other Shop.ArtWeLove users.
  4. You may not use the Shop.ArtWeLove service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
  5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the Shop.ArtWeLove service.
  6. You must not modify, adapt or hack Shop.ArtWeLove.com or modify another website so as to falsely imply that it is associated with Shop.ArtWeLove.
  7. You must not create or submit unwanted email or Conversations ("Convos") to any Shop.ArtWeLove members ("Spam").
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. You must not, in the use of Shop.ArtWeLove, violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your Shop.ArtWeLove account. While Shop.ArtWeLove prohibits such conduct and content on its site, you understand and agree that Shop.ArtWeLove is a venue and as such is not responsible for the content posted on its website. Nonetheless, you may be exposed to such materials and you use the Shop.ArtWeLove service at your own risk.

General Conditions

* Shop.ArtWeLove reserves the right to modify or terminate the Shop.ArtWeLove service for any reason, without notice at any time.
* Shop.ArtWeLove reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Shop.ArtWeLove will notify you via electronic mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Shop.ArtWeLove's sole discretion, in good faith and using common sense and reasonable judgment.
* Shop.ArtWeLove reserves the right to refuse service to anyone for any reason at any time.
* Shop.ArtWeLove may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Shop.ArtWeLove determine in Shop.ArtWeLove's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on Shop.ArtWeLove.
* The Shop.ArtWeLove service makes it possible to post images hosted on Shop.ArtWeLove to outside websites. This use is accepted. However, pages on other websites which display images hosted on Shop.ArtWeLove must provide a link back to Shop.ArtWeLove from each photo to its photo page on Shop.ArtWeLove.
* Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
* You can remove your profile at any time by deleting your account. This will also remove any private information you have stored in the system. By uploading images and item description content to Shop.ArtWeLove, you agree to allow other Shop.ArtWeLove users to view them and you agree to allow Shop.ArtWeLove to display the images and content on Shop.ArtWeLove (for example, in your shop, or  Shop.ArtWeLove Homepage) and store the images, item description, profile and other content.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Shop.ArtWeLove before you may become a member of Shop.ArtWeLove. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

Shop.ArtWeLove may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Shop.ArtWeLove. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective from March 1st, 2008, for all users.

Membership Eligibility

Shop.ArtWeLove's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Shop.ArtWeLove's services are not available to children (persons under the age of 18), or to temporarily or indefinitely suspended Shop.ArtWeLove members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Shop.ArtWeLove. Further, your Shop.ArtWeLove account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Release

In the event that you have a dispute with one or more users, you release Shop.ArtWeLove (and Shop.ArtWeLove's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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.

Usage Rights: Copyright of photograph(s) sold by Shop.ArtWeLove remains with the artist at all times. Buyers may not reproduce purchased art without express permission from the original artist.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on Shop.ArtWeLove shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items; this includes artists misrepresenting work as their own and buyers attempting to reproduce an artist's artwork;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Shop.ArtWeLove also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously 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 ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:

    (aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Shop.ArtWeLove or;
    (bb) are identical to other items you have for sale but are priced lower;
    (cc) are concurrently listed for sale on a website other than Shop.ArtWeLove's (this does not prevent linking to or advertising an Shop.ArtWeLove item from another website); or
    (dd) you do not have a right to link to or include.

Privacy

Shop.ArtWeLove does not sell or rent your personal information to third parties for their marketing purposes without your explicit consen. Shop.ArtWeLove only uses your information as described in the Privacy Policy. Shop.ArtWeLove views protection of users' privacy as a very important community principle. Shop.ArtWeLove understands clearly that you and Your Information is one of Shop.ArtWeLove's most important assets. Shop.ArtWeLove stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way, please do not use Shop.ArtWeLove's services.

No Warranty

Shop.ArtWeLove, Shop.ArtWeLove's subsidiaries, officers, directors, employees and Shop.ArtWeLoves suppliers provide Shop.ArtWeLoves website and services "as is" and without any warranty or condition, express, implied or statutory. Shop.ArtWeLove, Shop.ArtWeLove's subsidiaries, officers, directors, employees and Shop.ArtWeLove's 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 you may also have other legal rights that vary from State to State.

Liability Limit

In no event shall Shop.ArtWeLove, and (as applicable) Shop.ArtWeLove's subsidiaries, officers, directors, employees or Shop.ArtWeLove's suppliers be liable for lost profits 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).

Shop.ArtWeLove's liability, and (as applicable) the liability of Shop.ArtWeLove's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of: (a) the amount of fees you pay to Shop.ArtWeLove in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify and hold Shop.ArtWeLove and (as applicable) Shop.ArtWeLove's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys 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.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provisions will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Shop.ArtWeLove are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Shop.ArtWeLove Attn: Legal Department; 19 W. 21st street, Suite 1201, New York City, 10010 (in the case of Shop.ArtWeLove) or to the email address you provide to Shop.ArtWeLove during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Shop.ArtWeLove may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Shop.ArtWeLove during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

Shop.ArtWeLove's goal is to make you happy. In the event a dispute arises between you and Shop.ArtWeLove, please email Shop.ArtWeLove at feedback@ArtWeLove.com and we will work quickly towards a solution.

Disputes between you and Shop.ArtWeLove regarding Shop.ArtWeLove's services may be reported to Customer Support by emailing feedback@ArtWeLove.com.

Disclosures

The services hereunder are offered by ArtWeLove LLC, located at 19 W. 21st street, Suite 1201, NY, NY 10010. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other similar sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Shop.ArtWeLove is not affiliated with SafetySurf.com.