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ProudArtists.com - Terms of Service

Terms of Services

ProudArtists LLC (“we” or “us” or the “Site”) is a free online contemporary arts community where you buy original Art and sell original Art. The Site provides this service (this “Service”) to you (“you” or “user”) after you read, understand and accept the Terms of Services (the “Terms of Services” or the “Terms”). YOU AGREE TO READ THE TERMS OF SERVICES OF USE CAREFULLY BEFORE USING PROUDARTISTS. If you do not agree to these Terms of Services of use, you may not access or otherwise use ProudArtists. Upon checking the accept box during registration, you acknowledge that you have read the Terms of Services and that you accept the Terms thereof.

The Terms of Services is effective October 1, 2006 for all users.

DEFINITIONS:
Original Art
The term “Original Art,” or, “art,” “art work,” “creative works,” shall mean an artist created art, categorized as either a photograph, painting, drawing, ceramic, printmaking, jewelry, fashion, arts & craft, sculpture, or any other artistic creation, and then uploads their art on ProudArtists.

Content
The term “Content,” shall mean all information that is posted on the Site by users, including but not limited to, photos, data, text, or other materials.

Total Sale Price
The term “Total Sale Price,” or, “final cost,” shall mean the total cost amount from adding the original cost of an art work plus all additional fees that incur, including but not limited to, packing, shipping, and any other handling coverage necessary to transport the art safely to the shipping destination.

Buyers
The term “buyer,” or, “buyers,” or, “art enthusiasts,” shall mean a user purchasing art on the Site.

Sellers
The term “seller,” or, “sellers,” or, “artist,” or, “artists,” shall mean a user selling art on the Site.

PROUDARTISTS ACCOUNT REQUIREMENTS:
Registration:
In order to register with ProudArtists, you agree that you are able to contract to the Terms. You agree that you are not a minor, or a person under the age of eighteen (18). In order to use ProudArtists, you must become a registered member. During registration, you are to register with a valid email address, a screen name created by you, and you are to select a password that cannot be easily guessed or associated with anything personal. The email address and password that you choose, will be your login information, and will allow you to access your ProudArtists account. You agree that you are responsible for the use of your login information and are required to protect it from unauthorized use. If unauthorized use does occur, you agree to contact ProudArtists immediately. Further, you agree not to transfer or sell your registered user rights to someone else.

Additional Personal Information:
Once registration is complete, you can add additional personal information in your ProudArtists account; such as, first and last name, home address including country, and PayPal ID address. If you choose to buy or sell art, a transaction cannot be completed without this personal information added. You agree to not purchase or sell art with false or inaccurate personal information, such as, your name and home address, and you agree that your personal information will remain accurate and up to date.

MEMBERSHIP/FEES:
ProudArtists.com is a FREE online Art community which allows Artists to showcase and sell their original art, and Art enthusiasts to purchase original Art. ProudArtists does not charge any fees for membership to the Site, or for the sale of an art work.

In order to buy or sell Art on the Site there are required steps that buyers and sellers must follow. Additionally, it is a requirement that in order to agree to this Terms of Services, you must also read, understand, and agree to the Questions and Answers (collectively, the "Information") listed on the Frequently Asked Questions page. If you have any questions in regards to the Information and/or do not understand the Information, please do not Register with the Site, and feel free to contact Us first with any questions.

Sellers:
The seller is solely responsible and required to describe their art accurately in the caption section when adding new art to sell. Accurate description of art includes, but is not limited to, the accuracy of color, fabric, size, dimensions, medium, and specifications in shipment, if applicable. The seller is required to state return shipping requirements on each art work as well, and any pictures uploaded to the Site must be clear images of the art.

Once art is purchased, the seller has up to seven (7) days in which the art must be, packed securely to avoid damage during shipment, covered with the necessary and applicable insurance, and shipped with legitimate tracking number and carrier information. After the art is shipped, the seller is required to notify ProudArtists of shipment by clicking the Ready to Ship button in the view sales section of their account. After clicking the Ready to Ship button, the seller must immediately fill in the tracking number and shipping carrier information, and then click the Artwork Shipped button toward the lower left side of the page. Not clicking the Artwork Shipped button, before the end of the seventh (7) day from the purchase date, will result in a full refund to the buyer.

Stating return shipping requirements by the seller:
A seller is required to state return shipping requirements on each art work. If a refund is requested by a buyer, the return shipping requirements explain how return shipping will be handled; for example, the seller must acknowledge and state who will pay for return shipping fees, the seller or the buyer, and/or, if applicable, how the seller will pay the buyer for return shipping fees, e.g., PayPal (return shipping fees cannot be transacted through ProudArtists). As a seller, you agree to state return shipping requirements on each art work. If no return shipping requirements are stated, you agree that you are automatically responsible for all fees that incur from shipping the returned art safely to you.

BUYER REQUIREMENTS:
PayPal:
In order to purchase art on ProudArtists, buyers are not required to become a member of PayPal, Inc. Buyers are automatically transferred to PayPal to complete a purchase, and PayPal allows buyers to use their bank account, credit card or PayPal balance. However, if you are purchasing an item with your PayPal account, ProudArtists will not accept multiple payments from different PayPal accounts for a single item. You agree that you will pay from one PayPal account for a single item.

Buyers:
Buyers are responsible for the Total Sale Price of an art work. The Total Sale Price of an art work includes the original cost of an art work plus all additional fees that incur, including but not limited to, packing, shipping, and any other handling coverage necessary to transport the art safely to the shipping destination.

Buyers are required to notify ProudArtists once art is received and accepted, by clicking the Artwork Shipped button in the view orders section of their account. After clicking on the Artwork Shipped button, the buyer is to immediately click the Artwork Received button toward the lower left side of the page. Once the Artwork Received button is clicked, the sale is final and payment for the art can be transferred to the seller.

14 DAY REMINDER EMAIL:
If fourteen (14) days have passed after the art was shipped, and the buyer does not notify ProudArtists of receipt of the art work, then a reminder email is sent to the buyer. ProudArtists will work with the seller to confirm if the art was received by the buyer, by referring to the tracking and shipping carrier information. The buyer has up to five (5) days from the date that the reminder email was sent, to inform ProudArtists that the art was received and accepted, or if they are requesting a refund. If there is still no contact from the buyer within the five (5) day period, and ProudArtists has confirmed the buyer has received the art work, per the tracking and shipping carrier information, then ProudArtists will release the funds to the seller. The release of funds will make the sale final and the return policy invalid.

PROUDARTISTS RIGHT TO CANCEL SALES:
Once a shipping cost quote has been calculated, the art work will remain pending sale until the buyer either purchases the art or declines the sale. If a sale has been pending for too long, the seller can request that we send an email to remind the buyer to either purchase the art, or to decline the sale. If the buyer does neither, and the art is still pending after five (5) days from the day the email was sent, by the request of the seller, we will cancel the sale, allowing the art to be re-listed as available for sale.

Or,

If an art work has been purchased, and the seller has clicked the Artwork Shipped button, but both the buyer and ProudArtists find that there is no legitimate tracking information, and the seller cannot be contacted, then we will cancel the sale twenty-one (21) days from the day the Artwork Shipped button was clicked by the seller, therefore, allowing a refund to be given to the buyer.

RETURN POLICY:
Buyers:
Upon receipt of the purchased art, if the art is damaged or is misrepresented based on the seller’s description, and the buyer would like a refund, the buyer must not click the Artwork Received button in their account. The buyer must immediately notify ProudArtists of their request for a refund. The buyer will also have to contact the seller by using the email address provided to them in their receipt. The buyer and the seller will discuss the seller’s return shipping requirements, and the destination of where the returned art will be shipped. The buyer is responsible that the returned art must be, packed securely to avoid damage during shipment, covered with the necessary and applicable insurance, and shipped with legitimate tracking number and carrier information. Once the buyer has shipped the art, they are required to notify ProudArtists, by emailing the tracking number and carrier information.

Sellers:
Once the returned art is received by the seller, the seller is required to immediately inform ProudArtists of this receipt with an email. When receipt is confirmed by ProudArtists, by referring to the tracking and shipping carrier information, a refund will be given to the buyer.

Refunded Money:
If ProudArtists confirms that the seller has received the returned art, before sixty (60) days have passed from the purchase date, then a full refund will be given to the buyer. If ProudArtists confirms that the seller has received the returned art, after sixty (60) days from the purchase date, the PayPal transaction fees will not be refunded. PayPal allows their fees for each money transaction to be refunded within sixty (60) days from receiving the payment or the purchase date. ProudArtists will always refund the remainders of our commission fees to the buyer.

FUNDS TRANSFER:
ProudArtists transfers funds and processes refund requests every Wednesday between 5:00am-10:00pm EST.

USING PROUDARTISTS:
You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or otherwise publish through ProudArtists any materials which, (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, trade libelous, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic (involving children or otherwise), profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right, (v) contain a virus or anything that may damage the Site, (vi) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site distribute, such as, manipulating the price of any item or our fee structure, (vii) contain any information, software or other material of a commercial nature, (viii) contain advertising of any kind, (ix) constitute or contain false or misleading indications of origin or statements of fact; and (b) you will not, (i) sell art in which you are not the original artist, (ii) post spam, chain letters, or pyramid schemes; and (c) you are at least eighteen (18) years old.

CONTENT LICENSE:
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to ProudArtists, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against ProudArtists for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. In other words, you give ProudArtists the right to display the Content that you post on the Site.

COPYRIGHT:
ProudArtists, the Site, is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents that are the Site are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by ProudArtists or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. In other words, any Content provided or posted by you is protected by copyright and is owned or controlled by you, and all other materials contained on the Site are protected by copyright and are owned or controlled by ProudArtists.

COPYRIGHT INFRINGEMENT:
ProudArtists holds a no tolerance policy when infringement of the rights of third parties occurs. If you feel that your copyrighted material may have been infringed, a notification of claimed infringement must be in a written communication and provided to ProudArtists. The notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written notification containing the previously stated information, we shall remove or disable access to the material that is alleged to be infringing, we shall forward the written notification to such alleged infringer, and we shall take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material. Further, we may, at our sole discretion, suspend or prohibit the alleged infringer from future access to the Site.

INDEMNITY:
You hereby agree to indemnify, defend and hold ProudArtists, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. ProudArtists reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ProudArtists.

LIABILITY:
Content:
ProudArtists.com is a Web-Site community that allows artists to showcase and sell their Original Art, and art enthusiasts to purchase Original Art. The Site allows users to post various forms of Content. Content that becomes public information may be offensive, inaccurate, unreliable or questionable to some users. All information posted on the Site is the sole responsibility of the user posting the Content. ProudArtists does not and cannot review all materials posted to the Site by its users; therefore, we are not responsible for any such materials posted.

Transactions:
The purchase process and sale processes of art on ProudArtists are the sole responsibilities of the buyers and sellers. ProudArtists is not responsible that shipping cost quotes will be answered in a timely manner, art will be purchased or declined, and/or art will be shipped. Sellers are responsible that purchased art shall be packed securely to avoid damage during shipping, covered with the necessary and applicable insurance, and shipped with legitimate tracking number and carrier information, and buyers are responsible for returned art to be shipped in the same manner that it was received. ProudArtists is not liable for any packing and shipping charges that are incurred from transporting the art safely to the shipping destination.
ProudArtists does not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of New York Commercial Code § 2-401(2) and Uniform Commercial Code § 2-401(2) under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Changes and Accessibility:
ProudArtists may change, suspend or discontinue any aspect of the Site at any time, including the availability of any ProudArtists feature, database, or Content. ProudArtists may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Monitoring the Site:
We may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, including information that we, in good faith, believe is necessary to safeguard copyright, trademark, patent, publicity and all other rights of users of the Site. Furthermore, we hold the right to edit, refuse to post or remove any information or materials, in whole or in part, that in ProudArtists sole discretion are objectionable or in violation of the Terms.

Links on our Web pages:
ProudArtists contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third party resources, or their contents. ProudArtists shall not be responsible or liable for any loss or damages through your participation with links and pointers found on ProudArtists.

Artists' Links and Contact Information on our Web pages:
We allow Artists to post World Wide Web Internet site links, where their art is showcased for sale, and to post their contact information, such as an email address, in designated areas on the Site. These posted links, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third party resources, or their contents. ProudArtists shall not be responsible or liable for any loss or damages through your participation with links, pointers, or contact information found or obtained on ProudArtists.

Communications and Availability:
You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to us, no confidential, fiduciary, contractually implied or other relationship is created between you and ProudArtists other than pursuant to the Terms. Furthermore, we cannot guarantee continuous or secure access to our services and the Site. The Site may not be available to you due to interference by numerous factors outside of our control; therefore, we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by ProudArtists.

DISCLAIMER:
THE PROUDARTISTS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OBTAINED FROM THE SITE OR FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE SITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROUDARTISTS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THOUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PROUDARTISTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS OF LIABILITY:
PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM, BUT NOT LIMITED TO, THE CONTENT ON THE SITE AND ANY ERRORS CONTAINED THEREIN, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THROUGH LINKS TO THIRD PARTIES. FURTHER, PROUDARTISTS IS NOT LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF PROUDARTISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF PROUDARTISTS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO $100. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES ARE NOT ALLOWED IN SOME JURISDICTIONS, THEREFORE, THE PREVIOUSLY STATED DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GENERAL:
Disputes:
THE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK.
The Terms constitute the entire agreement between ProudArtists and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. If ProudArtists fails to enforce a specific right or provision of the Terms, the result shall not constitute a waiver of the right or provision.

Amendments:
Amendments to the Terms of Services will be posted at this URL and will be effective when posted. Notifications of such changes will be conspicuously posted for you to review the amended Terms. Your continued use of the Site following the posting of any amendment, modification or change shall constitute your acceptance thereof.

Contact ProudArtists:
If you have any questions in regards to the Terms or the Services of the Site, feel free to contact Us. For Copyright Infringement notifications, please send all notifications to the address provided on the Contact Information page.




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