By using the ArtStar.com web site ("ArtStar"), a service of ArtStar, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

 

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Art Star, LLC (“ArtStar” or "Company"), with its home page located at www.artstar.com (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with ArtStar, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms. You as an individual or on behalf of a business entity will be referred to as “You” on this Site.

 

Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these site terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. If you have any question regarding the use of the Site, please refer first to FAQ’s. All other questions or comments about the Site or its contents should be directed to hello@artstar.com.

 

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 anyone on the Site.

4. 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 Site.

5. You must not modify, adapt or hack the Site or create/modify another website so as to falsely imply that it is associated with the Site or ArtStar.

6. You must not create, submit, or subject ArtStar members (“Members”) to unwanted conversations or email.

7. You must not transmit any worms or viruses or any code of a destructive nature that could effect the Site, ArtStar or its users.

 

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

 

GENERAL CONDITIONS

* ArtStar reserves the right to modify or terminate the ArtStar service for any reason, without notice at any time.

* ArtStar reserves the right to refuse use of the Site to You for any reason at any time, with or without notice.

* ArtStar may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in blogs and forums) and accounts containing content that ArtStar determines,  in its sole discretion, may be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights, the Terms, the Privacy Policy at www.artstar.com/privacy, or other policy documents and community guidelines as posted on the Site.

* If You post images hosted on ArtStar to outside websites You must provide a link back to ArtStar from each image to its associated page on the Site.

* Your account may be terminated, without prior notice, if your account is used for hosting graphic elements deemed inappropriate by ArtStar in its sole discretion (e.g. 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. By uploading images and item description content to the Site, You agree to allow other Site users to view them and You agree to allow ArtStar to display the images and content on the Site or other web sites controlled by ArtStar and store the images, item description, profile and other content.

* Your use of this Site constitutes your agreement and acceptance of all Site Terms as well as all of the terms and conditions contained the the Privacy Policy at www.artstar.com/privacy, and other policy documents and community guidelines as posted on this Site or by ArtStar.

 

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ArtStar has adopted a policy of terminating, in appropriate circumstances and at ArtStar’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ArtStar may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Adam Goldblatt

Full Address of Designated Agent to Which Notification Should be Sent: 405 West 23rd St 3C New York, NY 10011.

Telephone Number of Designated Agent: (425) 522-3368

Facsimile Number of Designated Agent: (206) 984-1419

E-Mail Address of Designated Agent: legal@ArtStar.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

 

MEMBERSHIP ELIGIBILITY

ArtStar services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. ArtStar's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended ArtStar 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 ArtStar. Further, your ArtStar account and User ID may not be transferred, licensed, or sold to another party.

 

RELEASE

In the event that you have a dispute with one or more users, you release ArtStar (and ArtStar'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

Copyrighted material including, but not limited to photograph(s) licensed or sold by ArtStar, remains with the copyright holder at all times. Site users may not reproduce copyrighted material (e.g. purchased photographs) without express permission from ArtStar or, in certain instances, the copyright holder.

 

RESTRICTED ACTIVITIES

Your Activities that result in Your Information (or any items listed) on ArtStar 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);

(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) be obscene;

(g) contain any viruses, Trojan horses, worms, time bombs, 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:

(j) are prohibited under this Agreement, the Privacy Policy at www.artstar.com/privacy, or other policy documents and community guidelines as posted on the Site;

(k) You are not using the Site in order to compete with ArtStar and will not sell ArtStar items that are identical or substantially similar to other items you have for sale;

(l) are concurrently listed for sale on a web site other than this Site (this does not prevent linking to or advertising an ArtStar item from another web site); or

(m) you do not have a right to link to or include.

 

PRIVACY

Please refer to our Privacy Policy at www.artstar.com/privacy for information on how the company collects, uses and discloses personally identifiable information from its users.

 

NO WARRANTY

ART STAR, ARTSTAR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ART STAR'S SUPPLIERS PROVIDE ART STAR'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ART STAR, ART STAR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ART STAR'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 ART STAR, AND (AS APPLICABLE) ART STARS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ART STARS 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).

 

ART STAR'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ART STAR'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 ART STAR 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 ART STAR AND (AS APPLICABLE) ART STAR'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 provision 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 ArtStar 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 ArtStar Attn: Legal Department; 405 W 23rd St 3C, New York, NY 10011 (in the case of ArtStar) or to the email address you provide to ArtStar 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, ArtStar may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ArtStar during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

RESOLUTION OF DISPUTES

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

 

Disputes between you and ArtStar regarding ArtStar's services may be reported to Customer Support by emailing support@ArtStar.com.

 

DISCLOSURES

The services hereunder are offered by ArtStar Inc.

 

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 analogous 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. ArtStar is not affiliated with SafetySurf.com