Your User Agreement
The following describes the terms on which ItsArtNotStuff offers you access to our services.
Welcome to ItsArtNotStuff.com. By using the services on the ItsArtNotStuff website (ItsArtNotStuff.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with ItsArtNotStuff and the general principles for the websites of our subsidiaries.
Before you may become a member of ItsArtNotStuff, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. By accepting this User Agreement, you also agree that your use of some ItsArtNotStuff-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on February 28, 2009, for current users, and upon acceptance for new users. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.itsartnotstuff.com. ItsArtNotStuff may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
While using ItsArtNotStuff, you will not:
Violation of any of these agreements will result in the termination of your ItsArtNotStuff account. While ItsArtNotStuff prohibits such conduct and content on its site, you understand and agree that ItsArtNotStuff 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 ItsArtNotStuff service at your own risk.
Joining ItsArtNotStuff and visiting our site is free. We do charge fees for using other services, such as listing items for sell.
(a) Subscription Fee. By subscribing to a Premium Account, you agree to pay the subscription fee (US Dollars only) identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. You will be notified via email when your subscription period ends. Your subscription will not automatically renew at the end of the subscription period. You must renew your subscription at the end of the subscription period by resubmitting payment through Paypal. Subscription "periods" may be either month to month or for longer periods of time.
We reserve the right at any time to change the subscription fee for the Premium Account. In no event will you be charged any new or different fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will no longer receive the Premium Account.
b) Refund Policy. Except as described below, we will not refund any fees paid for subscription to a Premium Account. It is your responsibility to determine if the Premium Account meets your needs before you subscribe.
(c) Cancellation. You may cancel your subscription for a Premium Account at any time. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Premium Account for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.
(d) Termination of Premium Account. We may elect, in our sole discretion, to terminate the Premium Account Service. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Premium Account Service for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Premium Account Service because you have failed to comply with any of these Terms.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or not currently known.
You will not hold ItsArtNotStuff responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a retailer for any purposes whatsoever. Instead, the site is a venue to allow anyone to offer, sell, and buy art, at anytime, from anywhere, in a variety of pricing formats and venues. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
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 California Commercial Code § 2401(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. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our site and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
A buyer is obligated to immediately pay in full when using PayPal by clicking the "Buy Now" button during the purchasing process. A seller must abide by all of ItsArtNotStuff's polices and the sellers own shop policies and sell the item as described.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The site contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to ItsArtNotStuff by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the ItsArtNotStuff Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on ItsArtNotStuff's national registered agent (in the case of ItsArtNotStuff) or to the email address you provide to ItsArtNotStuff 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, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and ItsArtNotStuff, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ItsArtNotStuff agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing itsartnotstuff@gmail.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
be false, inaccurate or misleading; be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the terms, condition, and policies of ItsArtNotStuff; infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; 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); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography 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; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this Agreement, the Privacy Policy, the guidelines of ItsArtNotStuff, or other policy documents and community guidelines as posted on ItsArtNotStuff or; are identical to other items you have for sale but are priced lower; are concurrently listed for sale on a web site other than ItsArtNotStuff's (this does not prevent linking to or advertising an ItsArtNotStuff item from another web site); or you do not have a right to link to or include.
The words "Reproduction" or "Repro" are included in the title. The item description clearly states that the work is a reproduction.
I agree not to disclaim knowledge of, or responsibility for, the authenticity or legality of an item that I describe as genuine. I further agree not to describe or market any item as genuine if I cannot provide reasonable evidence to prove its authenticity. I agree to fully disclose any information concerning alterations, conservation, or repairs performed on the work of art in a clear and prominent manner within the item description. I agree not to knowingly participate in any way in the advertisement or sale of any work of art using any deceptive practices, including, but not limited to, false or misleading claims of the item's scarcity, value, provenance, condition or investment potential. I agree to abide by all laws relating to the sale of works of art and to assist in the prosecution of violators of the law in this respect.
You must appropriately describe the items and all terms of sale on your listing pages. Your listings may only include descriptions, graphics and other content that is relevant to the sale of the item. ItsArtNotStuff collects no commissions on art sales between buyer and seller. By listing Art for sale, the seller agrees to sell the Art once a buyer has completed the check-out process. You are obligated to send the artwork to the buyer as soon as you receive an online order notification from PayPal. When selling across borders, be aware of international tradings and You acknowledge and agree that you will promptly issue refunds when appropriate. 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 ItsArtNotStuff 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. You are responsible for paying all applicable taxes resulting from the sale of an item through our website. Please contact a tax professional to determine whether you need to charge sales tax on your sales. ItsArtNotStuff cannot and does not provide tax advice.
Each of these policies may be changed from time to time. Changes take effect when we post them on the ItsArtNotStuff site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
ItsArtNotStuff respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify ItsArtNotStuff's Copyright Agent, and provide the following information ("Notice"):
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; b) a description of the copyrighted work and/or trademark claimed to have been infringed; c) a description of where the claimed infringing Content is located on our Site; d) your address, telephone number, and email address e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
ItsArtNotStuff's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o ItsArtNotStuff. 55 Springstown Ctr. #267, Vallejo, CA 94591
By email: violations.artnotstuff@gmail.com
All brand, product and service names used in this Site which identify ItsArtNotStuff or third parties and their products are proprietary marks of ItsArtNotStuff a subsidiary of Xyzaeiou. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of ItsArtNotStuff or any third party with respect to any such image, logo or name. You shall not make any use of any of the company's trademarks, logos, or trade dress without prior express and written approval by ItsArtNotStuff.
ItsArtNotStuff is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to ItsArtNotStuff are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of ItsArtNotStuff or the appropriate owner of copyright in such works. ItsArtNotStuff does not claim ownership rights in your works or other materials posted by you to ItsArtNotStuff (Your Content).
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
User Agreement - ItsArtNotStuff