By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the FAQ section of the Site.
1. Artistically Connected is a Venue
Artistically Connected acts as a venue to allow users who comply with Artistically Connected’s policies to offer, sell and buy certain artworks within a fixed-price format. Artistically Connected is not directly involved in the transaction between buyers and sellers. As a result, Artistically Connected has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Artistically Connected does not pre-screen users or the content or information provided by users. Artistically Connected cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Artistically Connected does not transfer legal ownership of items from the seller to the buyer.
Artistically Connected cannot guarantee the true identity, age, and nationality of a user. Artistically Connected encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Artistically Connected is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Artistically Connected. You use the Artistically Connected service at your own risk.
2. Membership Eligibility
Artistically Connected’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Artistically Connected may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Artistically Connected’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Artistically Connected’s policies as stated in the Agreement and the Artistically Connected policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Artistically Connected, each of which is incorporated herein by reference and each of which may be updated by Artistically Connected from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Artistically Connected from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Artistically Connected of any unauthorized use of your password or any breach of security. You also agree that Artistically Connected cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Artistically Connected without Artistically Connected’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Artistically Connected you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
You may not transfer or sell your Artistically Connected account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service:
Artistically Connected’s services are not available to temporarily or indefinitely suspended Artistically Connected members. Artistically Connected reserves the right, in Artistically Connected’s sole discretion, to cancel unconfirmed or inactive accounts. Artistically Connected reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a profile on Artistically Connected is free. Artistically Connected charges a flat rate featured fee of $3.95 for fifteen (15) day periods. Artistically Connected’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Artistically Connected’s services are effective after Artistically Connected provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Artistically Connected may choose to temporarily change the Fees Policy and the fees for Artistically Connected’s services for promotional events (for example, free trial days); such changes are effective when Artistically Connected posts the temporary promotional event on the Site. Artistically Connected may, at Artistically Connected’s sole discretion, change some or all of Artistically Connected’s services at any time. In the event Artistically Connected introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars (CND).
You are responsible for paying all fees and applicable taxes associated with using Artistically Connected. Artistically Connected keeps accepted payment information on file. Monthly, each seller is emailed an invoice detailing the membership amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination:
If Artistically Connected terminates a listing or your account, if you close your account, or if the payment of your Artistically Connected fees cannot be completed for any reason, you remain obligated to pay Artistically Connected for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Artistically Connected.
4. Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Artistically Connected’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Artistically Connected profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
All sellers are urged to outline their policies for their Artistically Connected profile. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All profile policies must comply with Artistically Connected’s site-wide policies. Sellers are responsible for enforcing their own reasonable profile policies. Artistically Connected reserves the right to request that a seller modify a profile policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Artistically Connected and any and all data, text, information, usernames, graphics, images, photographs, profiles, artwork, and links (together, “Content”) that you submit, post, and display on Artistically Connected.
Your Content and your use of Artistically Connected shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Artistically Connected’s Copyright and Intellectual Property Policy)
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Artistically Connected staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
6. Be obscene or contain child pornography
7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
8. Host images not part of a listing
9. Modify, adapt or hack Artistically Connected or modify another website so as to falsely imply that it is associated with Artistically Connected;
10. Appear to create liability for Artistically Connected or cause Artistically Connected to lose (in whole or in part) the services of Artistically Connected’s ISPs or other suppliers
By posting Content on Artistically Connected, it is possible for an outside website or a third party to re-post that Content. You agree to hold Artistically Connected harmless for any dispute concerning this use. If you choose to display your own Artistically Connected-hosted image on another website, the image must provide a link back to its listing page on Artistically Connected.
Artistically Connected considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Artistically Connected shall not be liable for the disclosure or use of such Material. If, at Artistically Connected’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Artistically Connected will also consider that Material to be non-confidential and non-proprietary and Artistically Connected will not be liable for use or disclosure of the Material. Any communication by you to Artistically Connected is subject to this Agreement. You hereby grant and agree to grant Artistically Connected, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Artistically Connected does not control the Content provided by users that is made available on Artistically Connected. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Artistically Connected, you agree to accept such risks and that Artistically Connected (and Artistically Connected’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artistically Connected. Please use caution, common sense, and practice safe buying and selling when using Artistically Connected.
Artistically Connected is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Artistically Connected does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Artistically Connected shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may decide to arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Artistically Connected’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Artistically Connected is not involved with user generated groups, the groups’ requirements, or the Meetings.
Artistically Connected does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Artistically Connected does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Artistically Connected, please contact Artistically Connected. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ontario, Canada, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Canadian Federal Courts or provincial courts located in the Southern District of Ontario. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Artistically Connected agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Artistically Connected (and Artistically Connected’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 such disputes. Artistically Connected encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Artistically Connected, for the benefit of users, may try to help users resolve disputes. Artistically Connected does so in Artistically Connected’s sole discretion, and Artistically Connected has no obligation to resolve disputes between users or between users and outside parties. To the extent that Artistically Connected attempts to resolve a dispute, Artistically Connected will do so in good faith based solely on Artistically Connected’s policies. Artistically Connected will not make judgments regarding legal issues or claims.
10. Artistically Connected’s Intellectual Property
ARTISTICALLY CONNECTED, and other Artistically Connected graphics, logos, designs, page headers, button icons, scripts, codes and service names are registered trademarks, trademarks or trade dress of Artistically Connected, Inc. in Canada. and/or other countries. Artistically Connected’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Artistically Connected’s sole discretion, an unreasonable or disproportionately large load on Artistically Connected’s infrastructure
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Artistically Connected’s robot exclusion headers or other measures Artistically Connected may use to prevent or restrict access to Artistically Connected
Without limiting any other remedies, Artistically Connected may, without notice, and without refunding any fees, delay or immediately remove Content, warn Artistically Connected’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
ARTISTICALLY CONNECTED, ARTISTICALLY CONNECTED’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTISTICALLY CONNECTED’S SUPPLIERS PROVIDE ARTISTICALLY CONNECTED’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTISTICALLY CONNECTED, ARTISTICALLY CONNECTED’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTISTICALLY CONNECTED’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTISTICALLY CONNECTED SHALL CREATE ANY WARRANTY. SOME PROVINCES/STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE OR STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL ARTISTICALLY CONNECTED, AND (AS APPLICABLE) ARTISTICALLY CONNECTED’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTISTICALLY CONNECTED’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTISTICALLY CONNECTED’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ARTISTICALLY CONNECTED’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTISTICALLY CONNECTED’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ARTISTICALLY CONNECTED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME APPLICIBLE IN PROVINCES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ARTISTICALLY CONNECTED AND (AS APPLICABLE) ARTISTICALLY CONNECTED’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, 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 BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Artistically Connected does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Artistically Connected’s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artistically Connected service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Artistically Connected’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.
All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Artistically Connected are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Artistically Connected Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the province of Ontario, excluding its conflicts of laws rules, and Canada.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Artistically Connected’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Artistically Connected; Attn: Legal Department; 1 Yonge Street, Suite 1801 Toronto, Ontario, M5E 1W7 (in the case of Artistically Connected) or, in your case, to the email address you provide to Artistically Connected (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Artistically Connected may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Artistically Connected. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Artistically Connected’s Copyright and Intellectual Property Policy.
The services hereunder are offered by Artistically Connected Inc., located at 1 Yonge Street, Suite 1801 Toronto, Ontario, M5E 1W7
If you are a Ontario resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: November 15, 2010.