Terms of Use
Effective Date of this Agreement: 4/1/09
This Agreement sets forth the standards of use for the website: www.StudentArtGallery.com. (the "Site"). The Site is owned and operated by Art In Progress, L.L.C. ("Art In Progress" or the "Company").
By accessing the Site, you ("you", "artist" or "guest") agree to the terms and conditions of this Agreement (the "Agreement").
The Company reserves the right to modify, change or update the Site and the Agreement at any time without notice to you. Your use now, and subsequent to future modifications, constitutes your acknowledgement and acceptance of the Agreement.
If you do not agree to the terms and conditions set forth in the Agreement, you should exit the Site now, and in the future, discontinue usage of the Site.
A.Description of Service – StudentArtGallery.com is providing the artist with an opportunity to display and sell artwork, and the guest with the opportunity to peruse and purchase artwork. All parties must provide their own equipment and internet-access capabilities and service at their own expense.
B.Privacy. You should review our Privacy Policy(Privacy link), which also governs your visit to the Site, to understand our privacy practices.
C.Disclaimer of Warranties. The Site is provided by the Company on an “as available” and “as is” basis. Within legal limitations, Art In Progress makes no warranties or representations of any kind, implied or expressed, pertaining to the use of and results of the Site, in terms of accuracy, correctness, and reliability or otherwise. Art In Progress will have no liability for interruption or discontinuation of products or services in the use of the Site. The Company disclaims all warranties with regard to the following: information, product descriptions and usability, application and fitness, and non-infringement of any rights of any third party.
D.Limitation of Liability.– Art In Progress will not be liable for any direct, indirect, incidental or consequential damages, including lost revenue, lost profits or loss of use, arising out of or related to the Site or to information contained within. This includes damages that may arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
E.Indemnification.– The artist and guest agrees to indemnify and hold Art In Progress, its owners, officers, employees, board of directors, affiliates and subsidiaries harmless from any claim or demand, including damages, costs and attorney fees, made by any third party due to or arising out of your use of the Site, any purchase made through the Site, the violation of the Agreement, or violation of any law by you.
F.Interruption, modification or termination of Site. – Art In Progress reserves all rights to modify or terminate the Site, at anytime and for any reason, without notification to the artist or guest. The artist and guest recognize and accept that the Company does not guarantee uninterrupted or completely secure access to StudentArtGallery.com, as numerous factors outside of our control could cause interruption or possible termination of operations.
G.Guest/Customer Information. – The purchase activity of any object of art from the Site is governed by the terms and information contained in FAQ section of the Site. All transactions are in US Currency, and the purchaser is responsible for all fees, taxes and shipping costs connected to a purchase transaction.
H.Disclaimer Regarding Artist Information. – Descriptions, specifications and other information about the artwork has been written and provided by the artist(s). While the Company makes every effort to ensure accuracy of information, Art In Progress makes no warranties or representation whatsoever with regard to the product by any artist, and you acknowledge any information and warranties provided by the artist(s) shall be at your own risk.
I.Arizona Courts Governing Jurisdiction and Compliance with Laws. – The Company and the Site are operated and provided in the State of Arizona and as such are subject to the laws of the State of Arizona. Accessing the site demonstrates your agreement to be so subject to the laws of Arizona. Artist and guest assume knowledge of such law, and are responsible for compliance with the laws of the State of Arizona, as well as federal and international laws.
J.Copyright, Registration and Trademark Information. – With the submission of any images of artwork to StudentArtGallery.com, the artist warrants and represents you own all rights, including but not limited to all U.S. copyright rights, in and to the images. You grant to the Company the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative images for the purpose of marketing and presentation on the Site. If the rights of any third party are infringed upon, you agree to indemnify and hold Art In Progress harmless from any claims or demand, including legal fees, or other costs incurred by the Company with respect to any such third party rights, claims or actions. All images on the site are owned or licensed by Art In Progress and cannot be used or reproduced without the Company’s express written consent. All artwork is artist-owned and protected by federal and international copyright law. StudentArtGallery, Art In Progress, and EmergingArt are examples of trademarks of Art In Progress, L.L.C. and such trademarks may not be used without prior written permission by the Company.
K.Suggestions, Comments and Questions. Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to: service@studentartgallery.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
L.Notification of Copyright or Trademark Infringement. If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, you should notify Art In Progress’ Copyright Agent, in compliance with Section 512 of the U.S. Copyright Act, at the following address: Art In Progress, LLC, 11225 E. Cavedale Dr., Scottsdale, AZ 85262
M.Product Descriptions. We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
N.License and Site Access. We grant you a limited, revocable license to access and make personal use of the Site. However, you are not permitted to:
a.reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose, except as provided under our Affiliate Program;
b.use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
c.use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;
d.engage in any activity that interferes with the Site or another user’s ability to use the Site;
e.modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site;
f.assist or encourage any third party in engaging in any activity prohibited by this Agreement; or
g.upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, infringing upon any copyright, trademark or patent rights, or is racially, ethnically or otherwise objectionable.
O.FURTHER DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR A CONFORMING REPLACEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
P.Modification and Separability.. We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Q.Acceptance Upon Use of the Site. Artists and guests accept these Terms of Use by using the site, and consent to the use and disclosure of their personal information and other practices described in the Company’s Privacy Policy (Privacy Link).