ARTFULEXPLORER

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE “SITE”) OF THE ARTFULEXPLORER (“ARTFULEXPLORER”), AND ARE LEGALLY BINDING ON YOU WHENEVER YOU ACCESS THE SITE, USE ANY SERVICE OR FUNCTION OF THE SITE, OR LOG IN TO ANY ACCOUNT IN OR RELATED TO THIS SITE.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE AS  OUTLINED IN THE FOREGOING SENTENCE.  YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

General Use Restrictions

All information, documents, products, software and services provided on this Site, including content, trademarks, logos, graphics and images (the “Materials” or “products”) are provided to you by ArtfulExplorer and also by ArtfulExplorer’s suppliers, licensors, developers and vendors (the “Third Party Providers”).  The Materials are the copyrighted and trademarked works of ArtfulExplorer and/or the Third Party Providers, as applicable.

ArtfulExplorer and/or the Third Party Providers, as applicable, grant to you the limited right to display the Materials only on your personal computer, hand held device or Internet appliance, and to copy and download the Materials on this Site, provided that: (1) all copyright and trademark notices that appear in the Materials so displayed, copied or downloaded are maintained and not defaced, removed, or modified,  and (2) such display, copy or download is solely for your internal informational use for the purpose of evaluating the feasibility of entering into a business transaction with the user that listed the Materials.  Such Materials shall not be distributed or otherwise transmitted outside of your company, or otherwise broadcast in any media unless expressly permitted by the owner of the Materials.  You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of ArtfulExplorer or the applicable Third Party Provider.

No Framing

You agree not to “frame” or “mirror” any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of ArtfulExplorer.

Third Party Interaction

The Site is a virtual venue for buying and selling artistic goods.  In your use of the Site, you may enter into correspondence with, purchase of goods and/or services from, or participate in promotions of, advertisers or members or sponsors or sellers showing their goods and/or services on the Site.  Such correspondence may be by regular mail or over the Internet by computer, smart phone, or other Internet appliance, and may be by cable or wireless.  Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  The transaction between a buyer and a seller shall be considered a legally binding contract between them. ArtfulExplorer is not a party to the transaction, and shall not be held liable for the transaction in any respect, nor will ArtfulExplorer mediate or adjudicate the transaction or any resulting conflict between a buyer and a seller. The seller is responsible for the safe delivery of the sale item(s) and buyer is responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller.  A buyer and a seller are individually solely responsible for and assume the risk of conducting business on an ecommerce site.

You agree that ArtfulExplorer has no liability, obligation or responsibility for any such correspondence, purchase or promotion between a buyer and a seller, such as you and any such third party.  Further, ArtfulExplorer does not control the content posted by users and has no responsibility for such content.  However, user content that you deem offensive, harmful, derogatory or otherwise objectionable may be communicated to ArtfulExplorer at support@artfulexplorer.com.

Art Product Listing or Sale on the Site

Each user grants ArtfulExplorer the unrestricted right to display on the ArtfulExplorer Site (including the use of all methods appropriate for implementing display) images of all products that are listed on the Site by or for the user.  Such display may include the ability for other users to download images of the listed products.  Sellers may list only products that they have the legal power and right to sell. Any listing for a product that does not meet this criterion will be removed at ArtfulExplorer’s discretion and the user’s account may then be terminated. All users warrant that they have such legal power and right to sell the products that they list for sale on ArtfulExplorer, and that such products are described accurately and completely.  Seller listings will be considered active for a period of ninety (90) days if not sold.  Thereafter the seller must relist their items within fourteen (14) calendar days or the listing will be deactivated permanently.

Sellers should create and post a list of policies outlining the specific details including but not limited to: shipping and handling fees, payment processors, return policy, and selling policies. All seller policies must conform to the policies for acceptable use and privacy set forth by TheArtfulExplorer.com. In the event a seller’s policies conflict with these Terms the policies of these Terms will prevail.

The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user’s account without permission. Violation of this policy will result in an investigation by ArtfulExplorer, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by ArtfulExplorer.com.

Social Network Sites

Each user grants ArtfulExplorer the unrestricted right to display on social network sites (including the use of all methods appropriate for implementing display) images of all products that are listed on the ArtfulExplorer Site by or for the user. 

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by ArtfulExplorer.  Such links do not constitute an endorsement of those sites by ArtfulExplorer.  You acknowledge that ArtfulExplorer is providing these links to you only as a convenience, and further agree that ArtfulExplorer is not responsible for the content of such sites.

Password Restricted Areas of the Site

Certain areas of the Site are password restricted to authorized users (“Restricted Areas”).  If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, and agree to notify ArtfulExplorer if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.  You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities.  You agree to immediately notify ArtfulExplorer of any unauthorized use of your account or any other breach of security in relation to the Site that is known to you.

Age of Users

This Site is not intended for or directed to persons, whether a buyer or a seller, under the age of eighteen (18).  By clicking “I Accept” at the end of these Terms, you represent and warrant to ArtfulExplorer that you are eighteen (18) years of age or older.  Persons who are not eighteen (18) years of age may use the Site so long as they are supervised at all times by a parent or guardian, who shall be bear full responsibility for such use and any results thereof.   Further, it is the policy of ArtfulExplorer to endorse the Children’s Online Privacy Protection Act of 1998 and to operate using at least commercially reasonable efforts to comply with that Act.

Content

You acknowledge that you are responsible for the information and material, including listings, that you submit (“Content”), and that you, and not ArtfulExplorer, will have full responsibility for each such content, including its legality, reliability, appropriateness, originality and copyright.  Unless otherwise explicitly stated herein, you agree that any content provided by you in connection with this Site is provided to ArtfulExplorer on a non-proprietary and non-confidential basis.  You agree that ArtfulExplorer shall be free to use, modify or disseminate content which is posted outside the Restricted Areas, on an unrestricted basis for any purpose.

You represent and warrant that you will not post any content that may:

• Violate any law.
• Disparage the products or services of another company or individual.
• Impersonate or represent ArtfulExplorer, ArtfulExplorer staff or other industry professional.
• Link to content not allowed in the Site.
• Solicit an ArtfulExplorer member’s password or other account information.
• Harvest screen names for any purpose.
• Use racially or ethnically offensive language.
• Discuss or incite illegal activity.
• Use vulgar, abusive, violent, sexually explicit or obscene language or solicit/post sexually explicit images (actual, simulated, or virtual).
• Harass, threaten, embarrass, or do anything else that is unwanted to ArtfulExplorer, any ArtfulExplorer staff, or any user of the Site.

ArtfulExplorer reserves the right to review a user’s account at anytime without notice. ArtfulExplorer may remove content which is or is deemed to be inappropriate, that meets the above  descriptions, or that could subject ArtfulExplorer to legal action.

Unauthorized Activities

You acknowledge that your content and any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password, whether or not such use is authorized.  As such, you agree to hold ArtfulExplorer entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by ArtfulExplorer in relation to, arising from, or for the purpose of avoiding, litigating or settling any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

Disclaimer of Warranty

You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by ArtfulExplorer, and agree that ArtfulExplorer does not warrant the accuracy or timeliness of the Materials, and further agree that ArtfulExplorer has no liability for any errors or omissions in the Materials, whether provided by ArtfulExplorer or a Third Party Provider.

ARTFULEXPLORER, FOR ITSELF AND EACH OF THE THIRD PARTY PROVIDERS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE CONTENTS OR OTHER VISITORS TO THE SITE.  ARTFUL EXP LORER DOES NOT ENSURE THE IDENTITY OF USERS OF THE SITE AND CANNOT AND DO NOT CONFIRM SUCH IDENTITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION, PRODUCT, ART FORM, OR MATERIAL CONTAINED, LISTED OR ADVERTISED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR YOUR PERSONAL USE ONLY (NOT FOR RESALE OR OTHER SUBSEQUENT COMMERCIAL USE BY YOU UNLESS EXPLICITLY PERMITTED IN WRITING BY THE PROVIDER OF SUCH INFORMATION, PRODUCT, ART FORM, OR MATERIAL).  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTFULEXPLORER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR SUBMITTING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR CONTENTS.  IN NO EVENT SHALL ARTFULEXPLORER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OF CONTACT, OR IN TORT, EVEN IF ARTFULEXPLORER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

ArtfulExplorer controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations.  If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.

You acknowledge and agree that the Materials are subject to the U.S.  Export Administration Laws and Regulations, and that diversion of the Materials contrary to U.S. law is prohibited.  You agree that none of the Materials, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S.  Government for such purposes.  You agree to comply strictly with all U.S.  export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides for certain procedures when a question of infringement arises.  The text of the DMCA is on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

ArtfulExplorer will promptly respond to claims that copyright infringement is committed using the Site, that are reported to ArtfulExplorer’s Designated Copyright Agent identified below.

If you are a copyright owner, or a representative authorized to act on behalf of one or authorized to act under any exclusive license or other right under a copyright, you may report alleged copyright infringements taking place on or through the Site.

When you report alleged copyright infringement you are requesting ArtfulExplorer to take down the offending material.  Making such request falsely or incorrectly may make you liable for substantial damages.

You should make the a proper report by filling out the following DMCA Notification of Alleged Infringement, as instructed below, and delivering it to ArtfulExplorer’s Designated Copyright Agent.  After receiving the notification, ArtfulExplorer will take whatever action, in its sole discretion, it deems appropriate, including expeditious removal of the offending material from the Site and terminating the alleged infringing user’s account, pending response from the allegedly infringing user.

If the alleged infringing user provides a proper counter notice as provided by the DMCA, claiming that the material does not infringe, ArtfulExplorer will notify you of the alleged infringer’s objection .  If you, the copyright owner, do not bring a lawsuit against the alleged infringer, and inform ArtfulExplorer of the lawsuit, within fourteen (14) days thereafter, alleging copyright infringement, ArtfulExplorer will, at its sole discretion, restore the offending material to the Site and, if terminated, reinstate the alleged infringer’s user’s account.

If, as provided by the DMCA, ArtfulExplorer receives a subpoena to identify you as an alleged infringer, ArtfulExplorer will expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena.  Such information may include your contact information.

ArtfulExplorer makes no intellectual property law interpretation of the DMCA, any such reports, or any other question regarding intellectual property law.  You are to obtain such legal advice from your attorney, at your own cost.

DMCA Notification of Alleged Infringement

1. Identify in a written communication the copyrighted work or works alleged to have been infringed.  If there are multiple such copyrighted works, provide a representative list of such copyrighted works.
2. Identify the material that is claimed to be infringing or to be the subject of infringing activity and is to be removed or access to which is to be disabled.
3. Provide a link to the above claimed infringing material.  Provide at least the URL where such material may be found.
4. Provide your mailing address, telephone number, and email address.
5. Include both of the next two statements in the body of the Notice:

• “I hereby state that I have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

1. Then add your full legal name and your electronic or physical signature, and deliver the notification completed as outlined above to:

Copyright Agent

Peter R. Leal

200 Auburn, Folsom Road

Suite 308

Auburn, CA 95603

Email address: pleal@slwip.com

General

ArtfulExplorer does not monitor your data or transmissions.  Notwithstanding the foregoing, ArtfulExplorer does actively monitor accounts for system utilization and billing records.  Further, in ArtfulExplorer’s efforts to promote good citizenship within the Internet community, if ArtfulExplorer becomes aware of inappropriate use of the Site or any ArtfulExplorer service, ArtfulExplorer will respond.  You acknowledge that ArtfulExplorer will report to law enforcement authorities any actions which may be considered illegal or harmful, as well as any reports it receives of such conduct.  When requested, ArtfulExplorer will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, ArtfulExplorer reserves the right to terminate service to you without notice.  ArtfulExplorer’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action or may terminate service.  However, flagrant violations of these Terms, as determined by ArtfulExplorer in its sole discretion, will result in immediate termination of service.  In the event that your account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by ArtfulExplorer.  You understand that ArtfulExplorer has the right to terminate any account for any reason that ArtfulExplorer interprets as an abuse of the account.  Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.

You acknowledge and agree that this Site may include certain inaccuracies or typographical errors which may affect the quality of the Materials.  In addition, you agree that ArtfulExplorer and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Site, if any, at any time without notice, and further agree that ArtfulExplorer can revise these Terms at any time without notice by updating this posting.  You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by California law and controlling U.S.  federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree to submit to the jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.  The failure of ArtfulExplorer to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ArtfulExplorer in writing.  The Terms comprises the entire agreement between you and ArtfulExplorer and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.