Welcome to d'ARTTM

www.fine-art.com

d'ART is a service and trademark of Internet for the Fine Arts, Inc. (IFA). We hope you'll enjoy the many services provided on our site. On-line since 1995!

Summary of Terms of Use

A. You agree to provide true and correct information about yourself in the Registration Form.

B. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.

C. You agree not to use the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail.

D. You agree that IFA in its sole discretion may remove posts, art submissions, or an other contributions by you or terminate your account if it believes that you may have in any way violated the Terms of Use.

E. Please report any violations of the Terms of Use to us at: admin@fine-art.com.

 

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

1.1 We are pleased to provide you with d'ART (the Service) under the Terms of Use, any amendments to the Terms of Use, and operating rules and policies (collectively, the Terms of Use). We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Use at any time. But if we do make changes, we will notify you by posting a message on the Service, or sending a message to you via e-mail.

1.2 By accepting the Terms of Use, you agree to (a) provide accurate, complete and current information as prompted by the Registration Form, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.

As part of the registration process, you will select a password and user name. Choose wisely. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

1.3 Registered Users may maintain only one active registration with d'ART. By accepting the Terms of Use, you warrant that you have no other registration(s) with d'ART. If you forget your user name or password, use our on-line form to have them sent to your e-mail address.

1.4 BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF USE. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your membership by sending e-mail to: admin@fine-art.com (see Section 8 regarding termination of service).

2. MEMBER CONDUCT

2.1 The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the art and investment community.

IFA assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material on fine-art.com and it does not endorse any opinions or recommendations posted by members or registered users nor does it give art-related investment advice or advocate the purchase or sale of any type of artwork. You should exercise discretion and skepticism before relying on information in messages or art submissions, since it may be incorrect or misleading. Users may pretend to be people that they're not. Some may have bad intentions or may have bad information -- so beware! You should make an independent investigation before making any major financial decisions, and if you rely on information posted by other users you do so solely at your own risk.

IFA does not review, screen or edit messages posted by users. Nonetheless, IFA reserves the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in our sole discretion. It is members' responsibility to bring violations of the Terms of Use to IFA's attention, although we do not guarantee any action based on such information. The following actions, among others, may result in removal of messages and/or termination of your membership.

* Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable.

* Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.

* Providing false information on your registration form, or impersonating someone else.

* Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail.

* Posting improper or off-topic messages or posting more than five messages in six hours.

* Violating the letter or spirit of the Terms of Use.

2.2 Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.

2.3 You agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. You agree to waive and hold IFA harmless from any claims relating to any action taken by IFA as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts and art submissions from the IFA site or the suspension or termination of your account. If you believe someone has used your password or account without your authorization, you must notify IFA immediately at admin@fine-art.com.

2.4 IFA reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

2.4 Members are not permitted to submit content intended only for adult or mature audiences. In addition to photos and videos which contain nudity or sexual activities, below are some other examples of unacceptable content
* Lewd or provocative images
* Crude or indecent language
* Links to external sites containing adult content

3. PROPRIETARY RIGHTS TO CONTENT

3.1 The content available through the Service is the property of Internet for the Fine Arts, its licensors, or its members and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, repost, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without our express prior written consent.

4. EXTERNAL LINKS

4.1 The Service contains links to other related World Wide Web Internet sites, resources and users of the Service. We are not responsible for the availability of these outside resources, or their contents, nor do we endorse nor are we responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

5. FEES AND PAYMENTS

5.1 Current fees may be obtained by going to the Membership Information section of the d'ART site. The membership is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone. You certify that you are 18 years or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password. The membership shall continue until we receive notice of termination from you or we exercise our rights of termination as described in the Terms of Use. We reserve the right to change at any time the membership fees and billing methods.

5.2 Community members may submit art pieces for a one-time fee without paying a monthly membership fee. Art pieces submitted by community members will be displayed for the lesser or six months or until the art piece sells. If the art pieces does not sell after six months, you can resubmit the art piece free of charge under the same terms provided you reduce the asking price of the art piece by at least 10% or $50, whichever is greater. This process may be repeated indefinitely until the art piece sells provided the asking price of the art piece does not fall below $50.

6. DISCLAIMER OF WARRANTIES AND LIABILITY

6.1 d'ART is provided AS IS and AS AVAILABLE, without warranty of any kind.

IFA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C)WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IFA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IFA, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL IFA, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. IFA, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF IFA, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID IFA FOR THE USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. INDEMNIFICATION

7.1 You agree to indemnify and hold IFA, its officers, directors, owners, 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 use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. TERMINATION

8.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, failure to answer art inquiries in a timely manner, failure to maintain an active email, failure to maintain accurate prices, failure to login for more than three months, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. IFA shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.

8.2 Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify IFA of termination by sending an e-mail to: admin@fine-art.com. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.

9. LAWS

9.1 The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the state of Texas for any for any cause or action arising out of or relating to the Service or these Terms of Use.

9.2 You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

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