1. Introduction
Artists Showroom makes available a variety of products and services subject to these General Conditions of Use. In addition, there are special services offered that have separate registration procedures and separate terms and conditions (i.e. the Artist’s Agreement). When you are using any service or product on ArtistsShowroom.com that does not have a separate legal agreement, the Conditions of Use set forth here will apply. By using ArtistsShowroom.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Conditions of Use.
This Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Artists Showroom. By using the Artists Showroom, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Artists Showroom Website) or you are a "Member" (which means that you have registered with Artists Showroom). The term "User" refers to a Visitor or a Member. You are only authorized to use Artists Showroom (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Artists Showroom Website and discontinue use of the Artists Showroom Services immediately
2. Description of Service
Artists Showroom provides an online art selling and buying service. Artist members understand that they will receive certain communications from Artists Showroom, such as service announcements and administrative messages, and that these communications are considered part of Artists Showroom membership and members will not be able to opt out of receiving them.
You understand and agree that Artists Showroom is provided “AS-IS” and that Artists Showroom assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Please be aware that certain areas of Artists Showroom may contain adult or mature content. You must be at least 18 years of age to access and view such areas. You acknowledge and agree that by using the products and services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Artists Showroom be liable in any way for any user or third party content, including but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the products and services.
3. Insured Shipping
All artwork purchased on the Artists Showroom web-site will be insured for shipment and in the case of artwork arriving in less than satisfactory condition, it is up to the purchaser to save all packaging and immediately report any claim for reimbursement to both the carrier and to Artists Showroom. Artists Showroom will work to see that such claims are paid by the carrier but can not be held responsible for carrier damage to the artwork.
4. Returned Artwork
In the case of purchased artwork being considered unsatisfactory by the purchaser, the purchaser must immediately inform Artists Showroom that they are returning the artwork to the artist. The funds that have been paid by the purchaser will be returned to the purchaser by Artists Showroom upon the artist receiving the returned artwork in satisfactory condition. Artists Showroom acts as an escrow account and funds are not paid to the artist until the purchaser has accepted the artwork. The artwork will be considered “accepted” by the purchaser when it has been delivered plus five days. Under no circumstances should the purchaser attempt to cancel the transaction with Paypal, as this will just cause confusion.
5. Privacy
Account information, registration data and certain other information about you is subject to our Privacy Policy. We promise to never rent, sell or barter your email address to third parties. We will also not make your email address available to third parties unless they are serving as a contracted suppression or broadcast vendor on our behalf to send you the email you have explicitly requested, and they have strict privacy and security precautions in place. In addition, we will only send you ArtistsShowroom emails directly related to the specific newsletters and/or topics you signed up for with us. For further information, see our full Artists Showroom Privacy Policy.
6. Rules Relating to Minors
If you are under the age of 18 you may not subscribe to Artists Showroom unless you obtain your parent's consent.
7. Indemnification
You will indemnify and hold harmless Artists Showroom, their employees, directors, officers, agents, and their successors and assigns from any damages and expenses relating to the use of your account.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL ARTISTS SHOWROOM 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 SERVICES, EVEN IF ARTISTS SHOWROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTISTS SHOWROOM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTISTS SHOWROOM FOR THE ARTISTS SHOWROOM SERVICES DURING THE TERM OF MEMBERSHIP.
9. Disclaimer of Warranties
You use Artists Showroom at your sole risk. Artists Showroom is provided on an "as is" and "as available" basis. Artists Showroom expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Artists Showroom does not make any warranty that Artists Showroom will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor does Artists Showroom make any warranty that the results that you may obtain through Artists Showroom meet your needs or that they will correct any software defects.
Any material and/or data you download or otherwise obtain through Artists Showroom comes at your own discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data. No advice or information, whether oral or written, which you obtain from Artists Showroom will create any warranty not expressly stated in the Conditions of Use.
10. Personal Use
Your right to use Artists Showroom is personal to you. You agree not to resell Artists Showroom. Please guard your account password, as you are liable for all uses of your account, including any unauthorized use.
11. Links
Artists Showroom may provide, or third parties may provide, links to other World Wide Websites or resources. Because Artists Showroom has no control over such sites and resources, you acknowledge and agree that Artists Showroom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Artists Showroom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to caused by and in connection with use of or reliance on any such content. |