The Following Describes The Terms On Which OriginalArtOnline.com Offers You Access To Our Website.
OriginalARTonline, LLC maintains this web site as an online art selling and buying service. Access to this Web Site is subject to the terms and conditions set forth below. Your use of the Web Site signifies your acceptance of this agreement. If you do not agree to comply with this agreement, please do not use the Web Site.
OriginalARTonline, LLC reserves the right to make changes in the programs, policies, products and services described in this Web Site at any time without notice. A user who uses, or makes decisions based on information contained in this Web Site does so at the user's own risk. By accessing this Web Site, the user agrees to hold OriginalARTonline, LLC and its affiliates harmless against any claims for damages arising from any decisions that the user makes based on such information.
OriginalARTonline.com is an art selling and buying cooperative advertising company and is not an art broker. The cooperative advertising program involves pooling advertising resources with those of other sellers to maximize exposure to potential buyers of art. OriginalARTonline.com is not involved in any negotiation for sale, closing or procuring of buyers; and OriginalARTonline.com forwards all inquiries about your art directly to you and allows you to negotiate the sale of your art without the involvement of any broker and without any commission.
OriginalARTonline.com cannot and does not appraise the value or price of your art. The sales price of your art has been established by you, the owner, and OriginalARTonline.com has made no representations as to the sales price that you may receive. Although your art will be exposed to millions of potential buyers as a result of OriginalARTonline.com advertising program, OriginalARTonline.com does not have a specific buyer at the present time. OriginalARTonline.com is not affiliated with any third party organization, and is not a art broker, so you will be negotiating directly with the potential buyer for the sales price.
OriginalARTonline.com has made no representations as to the period of time that it will take to sell your art, the success rate of our advertising program, or the sales price that you may receive. The marketing period and sales price is determined by market conditions, and the type of art you desire to sell. Because we are an advertising company, and are not involved in the sale, or the negotiation for sale, we are unable to provide you with statistics of the percentage of sales as a result of our advertising program.
OriginalARTonline.com is an advertising company that does extensive advertising in print, the radio, search engines and other advertising mediums, to drive buyers to our web site. OriginalARTonline.com does not specifically advertise your art in our advertising program. Your advertisement is on OriginalARTonline.com web site, but not specifically on the other advertisements.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.
Please be aware that certain areas on OriginalARTonline.com may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ORIGINALARTONLINE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORIGINALARTONLINE.COM DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
In consideration of your use of OriginalARTonline,com, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or OriginalARTonline.com has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, OriginalARTonline.com has the right to suspend or terminate your account and refuse any and all current or future use of OriginalARTonline.com.
This Web Site is owned and operated by OriginalARTonline, LLC modification of any material from this Web Site or use for any other purpose is a violation of the OriginalARTonline, LLC copyright and other proprietary rights. Use of any such material from this Web Site on any other web site or computer environment is prohibited.
You agree to not use OriginalARTonline.com to upload or post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You agree not to upload or post any content that infringes any patent, trademark, copyright or other proprietary rights of any party.
OriginalARTonline.com does not claim ownership of content you upload, post or make available on OriginalARTonline.com. However, with respect to content you submit to OriginalARTonline.com, you grant OriginalARTonline.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
The content you submit to OriginalARTonline, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on OriginalARTonline.com. This license exists only for as long as you elect to continue to include such content on OriginalARTonline.com and will terminate at the time you remove such content from OriginalARTonline.
With respect to content other than art, photos or graphics you submit to OriginalARTonline.com, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Copyright / Trademark Compliance & Complaints
OriginalARTonline.com honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify OriginalARTonline.com. OriginalARTonline.com does not reproduce or create any products that it offers on its site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, OriginalARTonline.com will remove such actual or alleged infringing products from the site pending our investigation.
Limitation of Liability
Under no circumstances shall OriginalARTonline, LLC be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials on this Web Site, even if OriginalARTonline.com or a OriginalARTonline, LLC authorized representative has been advised of the possibility of such damages. As this Web Site is operated by OriginalARTonline, LLC from within the United States of America. This agreement shall be governed by and enforced in accordance with the laws of the State of New Hampshire. If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to OriginalARTonline, LLC Attn: Legal Department 11 Merrill Dr. Suite C5, Hampton, NH 03045 (in the case of OriginalARTonline) or to the email address you provide to OriginalARTonline 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to OriginalARTonline during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and OriginalARTonline, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OriginalARTonline agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
1. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or OriginalARTonline may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the State of New Hampshire or where the defendant is located (in our case Hampton, New Hampshire, and in your case your home address or principal place of business. You and OriginalARTonline. LLC agree to submit to the personal jurisdiction of the courts located within the State of New Hampshire.
3. Alternative Dispute Resolution. Alternatively, OriginalARTonline, LLC will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the State of New Hampshire or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Resolution of Disputes Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Copyright © 2005 by OriginalARTonline, LLC. All the text, graphics, audio, design, software, and other works are the copyrighted works of OriginalARTonline, LLC. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.