Terms of Use

Effective March 28, 2011

Terms of Use Agreement

ArtClutch.com is an online service which brings together artists ("Artists"), art galleries ("Galleries"), and art collectors ("Collectors"). By using the ArtClutch.com website ("Website") you agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you register as a Artist, Gallery, or Collector, collectively known as members ("Members"). If you wish to become a Member, communicate with other Members, or make use of the ArtClutch.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions during the registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. ArtClutch.com may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by ArtClutch.com. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes ArtClutch.com's policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Service.

Artists

After opening an Artist account on ArtClutch.com, Artists are able to created detailed on-line profiles of themselves, including: artist name, biography, sample artwork, areas of expertise, phone numbers, e-mail addresses, contact information, and much more. All of this information is fully disclosed on the ArtClutch.com website. Any site visitor that visits ArtClutch.com and navigates to a artist's "profile page" will be able to view all of the profile information that has been entered by that Artist. The visitor is not required to login in order to view this information. The Artist's information will be open to any and all visitors.

Galleries

After opening an Artist account on ArtClutch.com, Galleries are able to created detailed on-line profiles of their business, including: gallery name, gallery description, sample artwork, areas of expertise, phone numbers, e-mail addresses, contact information, and much more. All of this information is fully disclosed on the ArtClutch.com website. Any site visitor that visits ArtClutch.com and navigates to a gallery's "profile page" will be able to view all of the profile information that has been entered by that Gallery. The visitor is not required to login in order to view this information. The Gallery's information will be open to any and all visitors.

Cancellation of Artist / Gallery Accounts & Refund Policy

An Artist and/or Gallery may close his / her account at any time by going to "My Account" section and clicking on "Cancel Account" button. Or they can send email to admin@ArtClutch.com (subject: account termination). Upon canceling yourself or sending email to terminate account, ArtClutch.com will disable the account and unpublish the associated content from the site.

Art Collectors

An art collector would open an account with ArtClutch.com for one of two reasons: to post quote requests or to post messages on the ArtClutch.com discussion board. In order to maintain the relevance and integrity of all quote requests and messages that are posted, we require Collectors to open a free account and provide their contact information before posting requests and messages. The collected information includes: first name, last name, city, state, zipcode, phone number (optional), and e-mail address. This information is disclosed on the website at the sole discretion of the Collector. When posting quote requests, the Collector has the option of posting "openly" or "confidentially". If the Collector selects "openly", then all of the Collector's contact information will be posted along with the quote request. If "confidentally" is selected, then only the following information will be submitted: the Collector's city, state, and zipcode. This information will reveal the location of the Collector, but not his / her identity.

The owner of the Collector account ("Collector Account Owner") is the person who created the account.

Cancellation of Collector Accounts

A Collector Account Owner may close his / her account at any time by going to "My Account" section and clicking on "Cancel Account" button. Or they can send email to admin@ArtClutch.com (subject: account termination). Upon canceling yourself or sending email to terminate account, ArtClutch.com will disable the account and unpublish the associated content from the site.

going to "My Account" section and clicking on "Cancel Account" button. Or they can send email to admin@ArtClutch.com (subject: account termination). Upon canceling yourself or sending email to terminate account, ArtClutch.com will disable the account and unpublish the associated content from the site.

Eligibility

Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of ArtClutch.com shall not violate any applicable law or regulation. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other Members.

Term & Fees

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by sending an e-mail to admin - at - ArtClutch.com ( subject: account termination). ArtClutch.com may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to ArtClutch.com. If ArtClutch.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after membership is terminated, this Agreement will remain in effect. ArtClutch.com 's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that ArtClutch.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

In addition, ArtClutch.com reserves the right to charge monthly membership fees for Artists, Galleries, and Collectors. The current fee for standard memberships is $0.00 / month. The current fee for premium memberships is $12 / year. The premium membership fee is automatically charged to the premium members once per year on the anniversary of their sign-up dates.

A notification of any fee change will be e-mailed to all affected Members at least 30 days in advance of the change. Any Member that wishes to cancel his/her account may do so at any time by sending an e-mail to admin - at - ArtClutch.com (subject: account termination). Upon cancelation, members will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the member's sign-up date).

Proprietary Rights in Content on ArtClutch.com

ArtClutch.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of ArtClutch.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site.

a. You understand and agree that ArtClutch.com may review and delete any content, message, photo or profile (collectively, "Content") that in the sole judgment of ArtClutch.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to ArtClutch.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. ArtClutch.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that is sexual in nature; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. is irrelevant to the art industry and the stated purpose of this website.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ArtClutch.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to ArtClutch.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Member Disputes

You are solely responsible for your interactions with other ArtClutch.com Members. ArtClutch.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

Disclaimers

ArtClutch.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by Members of the Website or by any of the equipment or programming associated with or utilized in the Service. ArtClutch.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. ArtClutch.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. ArtClutch.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall ArtClutch.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and ArtClutch.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ArtClutch.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Limitation on Liability

IN NO EVENT SHALL ARTCLUTCH.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF ARTCLUTCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTCLUTCH.COM 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO ARTCLUTCH FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California

Indemnity

You agree to indemnify and hold ArtClutch.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and ArtClutch.com regarding the use of the Website and/or the Service. The failure of ArtClutch.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

Right to Use the Content to sell via Fotomoto.com

You will retain ownership of Your Content. You also retain ownership of any original digital file that you upload to the Service for the purpose of making Products.

The Fotomoto.com will make Products based on Your Content only for orders placed via ArtClutch Site or placed by yourself via the Service Control Panel (Collectively “Your Orders”). In order to make Products, you hereby grant to the ArtClutch.com and Phtomoto.com Company a royalty free, worldwide, transferable, non-exclusive right and license to use Your Content to fulfill Your Orders. The rights are transferable as the Fotomoto.com Company may sublicense such rights to its fulfillment partners in order to make Products. This right is granted only for the purpose of fulfilling Your Orders, and does not apply to any other production. The company will not reproduce or resell Your Content.

The Service will have the right to use screen resolution image and thumbnails of Your Content for display purposes including but not limited to eCards, orders, search results, and any promotion of Your Content by the Service. The screen resolution image will be accompanied by your credits as you define in the Service Control Panel.

At any time you can request, either automatically via the Control Panel or by informing the Company, for Your Content to be fully removed from the Service.

ArtClutch will deduct 5% commission from the profit received via Fotomoto.com and remaining amount will be sent to the artist when they reach $50 mark.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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