The e-BUYART.com is an ecommerce website located at http://www.e-BUYART.com (the "Site"). e-BUYART.com allows individuals to list and sell their paintings, sculptures, graphics and other works of art. The listing and sale services are provided by e-BUYART.com ("e-BUYART.com" or "we") to you ("you" or "user") subject to the following terms and conditions set forth in this User Agreement (this "User Agreement").
Acceptance of Terms.
Before you attempt to sell or purchase any Art through e-BUYART.com and/or begin participating in the Services, we require that you read and accept this User Agreement. BY CHECKING ON THE SPACE BELOW NEXT TO THE BUTTON MARKED "ACCEPT," YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE. If you choose not to accept this User Agreement, you may not access or otherwise use the Site. If you have any questions regarding this User Agreement, please contact our Customer Service department by going to http://www.e-buyart.com/contact_us.php
We may, at our sole discretion, change, modify, add or remove any portion of this User Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site and the Services after such changes are posted will constitute your agreement to such changed User Agreement. This User Agreement was last revised on August 26, 2005.
Capacity to Contract.
The Services are available only to individuals or entities who can form legally binding contracts. Without limiting the foregoing, neither minors (persons under the age of 18) nor individuals who have been suspended from the Services may participate in the Services. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
In order to participate in the Services, you must register with e-BUYART.com by filling out our registration form and providing certain information to e-BUYART.com. Please go to http://www.e-buyart.com/artists_area/index.php. When e-BUYART.com has notified you that your registration form has been approved, you will become a "Registered User." You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. e-BUYART.com reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Login ID, Password and Security. During the registration process, you will select a login ID and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your login ID and password. You agree to notify e-BUYART.com immediately of any unauthorized use of any login ID and password and any other breach of security regarding the Services.
e-BUYART.com's Relationship to You. e-BUYART.com is not a party to any transaction relating to the Art. e-BUYART.com is only a venue for sellers to list Art and for buyers to purchase such Art. e-BUYART.com has no control over the sellers, buyers or any aspect of the transactions. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of any state or federal law, including without limitation, any state version of the Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
e-BUYART.com cannot control the information provided by users which is made available through the Services. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. e-BUYART.com has no control over the quality or legality of the Art listed, the truth or accuracy of the listings or any other information provided by a user about the Art.
Listing and Selling.
You must be a Registered User in order to list and sell Art.
In order to list your Art for sale on the Site, you agree to provide to us personal informations (name, address, email, and biography), images of your Art provided such images are in .jpg format.
The seller may remove the Art from the Site at any time.
Payment for the Art may be made by Pay Pal or by a check payable to e-BUYART.com. All posted purchase prices are listed according to their value in U.S. dollars, Canadian dollars and EURO. If payment is made by check, the piece(s) of Art will not be shipped until the check clears and payment is received by e-BUYART.com.
Credit Card Information.
DELIVERING THE PURCHASED ART
Shipping and Packing.
Seller shall pack the piece(s) of ArtWork and ship them to the address specified by e-BUYART.com. The piece(s) of ArtWork(s) should be packed (only by DHL, UPS, TNT or FedEx) so as to protect them during shipment.
e-BUYART.com shall not participate in the packing and shipping process, and in no event shall e-BUYART.com be liable for any damages of any kind arising from the packing or shipment of any ArtWorks.
The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
Unless otherwise stated under "Returns" for a particular piece of Art, a buyer may return a piece of Art within five (5) days after the date of buyer's receipt of such piece of Art (the "Return Period"). No returns will be accepted after such period.
If a buyer elects to return a piece of Art, the buyer must contact e-BUYART.com customer support during the "Return Period". If the returned piece of Art has not been altered and is returned within the Return Period, seller shall accept the returned piece of Art and notify the buyer and e-BUYART.com of its acceptance of the returned piece of Art. Once e-BUYART.com receives notification of seller's acceptance of the returned piece of Art, e-BUYART.com shall debit seller for the Purchase Fees less any insurance, packing, freight and transport fees associated with buyer's purchase. e-BUYART.com shall reimburse buyer for the same amount within thirty (30) days of receiving verification that seller's account has been successfully debited. e-BUYART.com shall have no obligation to reimburse buyer for any returned Art unless and until e-BUYART.com has verified successful debiting of seller's account. Reimbursement shall be made by crediting buyer's account (if the purchase was made by credit card) or by issuing a check (if the purchase was made by check). Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and e-BUYART.com shall have no obligation to reimburse the buyer for such amounts.
FEES, COMMISSIONS AND PAYMENTS TO SELLER
Fees and Commissions.
Payments To Seller
e-BUYART.com will list and sell your work at the price you set (retail selling price). All packaging costs should be included in the retail selling price. You will receive 70% of the selling price of your work sold to consumers on the website. e-BUYART.com will retain a commission of 30%.
You are responsible for all cost associated with shipping your work(s) to customers. Shipping costs can be listed as a separate cost or included in the price of the piece.
e-BUYART.com may change its fees, payments and commissions from time to time.
Remittance of Proceeds. e-BUYART.com shall remit the Purchase Fees to seller, after first deducting e-BUYART.com's posted fees and commissions, within forty-five (45) days after the later of (i) the date of shipment of the Art to the buyer and (ii) the date when e-BUYART.com verifies receipt of the Purchase Fees from buyer. Payments will be made to seller either by electronic wire transfer or check (subject to additional fees for overnight courier).
Tax Responsibility. Title to the Art does not pass to e-BUYART.com. The seller is the retailer for sales tax purposes. The seller shall file all sales tax returns in accordance with applicable law, and each seller shall indemnify e-BUYART.com against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's Art.
Any information you provide during the registration, listing or sale/purchase process and your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) 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; (viii) create liability for e-BUYART.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are concurrently listed for sale on a website other than the Site; or (d) you do not have a right to link to or include.
You agree to grant e-BUYART.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. e-BUYART.com will use such information solely to enable it to provide the Services.
The Site and Services.
The trademarks, trade names, designs and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of e-BUYART.com or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of e-BUYART.com, is strictly prohibited.
If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, e-BUYART.com has a process for you to register your complaint through the following link: http://www.e-buyart.com/conditions.php
In order for e-BUYART.com to investigate and address your complaint, please provide e-BUYART.com with all of the information requested. If a clear infringement of copyright, trademark, patent, publicity rights or other right comes to the attention of e-BUYART.com, e-BUYART.com reserves the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.
How We Handle Copyright Violations.
Upon receiving notice of a potential copyright infringement, e-BUYART.com may immediately delete or suspend access to the infringing material. e-BUYART.com may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If e-BUYART.com has deleted or suspended access to materials you posted on the Site because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each Response must contain the following:
Your physical or electronic signature;
Identification of the material that was deleted or made inaccessible;
A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
Your name, address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which e-BUYART.com may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.
A copy of your Response, including your name and address, will be sent to the person who complained about your posting. e-BUYART.com will then decide, in its sole discretion, whether to re-display the deleted materials on the Site.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer. THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. e-BUYART.com DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. e-BUYART.com MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. e-BUYART.com MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM e-BUYART.com OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. e-BUYART.com EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
Limitation of Liability. IN NO EVENT SHALL e-BUYART.com BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL e-BUYART.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF e-BUYART.com OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF e-BUYART.com TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify and hold harmless e-BUYART.com, its officers, directors, agents, subsidiaries 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 any breach or violation by you of this User Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
Eligibility. Only Registered Users are eligible to participate in the Services.
Third Party Links.
Where e-BUYART.com provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. e-BUYART.com is not liable for any damages or injury arising from use of such sites.
Modification and Availability.
e-BUYART.com may, at any time, delete, modify or supplement the content of the Site without prior notice. e-BUYART.com reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or hours of availability. e-BUYART.com may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
You agree that e-BUYART.com has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. e-BUYART.com reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Access and Interference.
You agree that you will not use any automatic device or manual process to monitor or copy e-BUYART.com's web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on e-BUYART.com's infrastructure.
e-BUYART.com makes reasonable commercial efforts to make its Services and Site available at all times. However, e-BUYART.com is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
This User Agreement constitutes a legally binding agreement between you and e-BUYART.com until terminated by you or e-BUYART.com, which e-BUYART.com may do at any time, without notice, at e-BUYART.com's sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.
Governing Law. This User Agreement is made and shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its choice of law principles.
It is understood and agreed that, notwithstanding any other provisions of this User Agreement, breach of the provisions of this User Agreement by you will cause e-BUYART.com irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under this User Agreement in addition to any and all other remedies available at law or in equity.
The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this User Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this User Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
This User Agreement comprises the entire agreement between you and e-BUYART.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this User Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this User Agreement.