Website Terms and Conditions of Use
Acceptance
The Use Of GotArtwork.com Terms and Conditions
Your access to and use of GotArtwork.com and it's sub-domains as well as
domains powered by GotArtwork.com is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the website.
Advice
The contents of GotArtwork.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Change of Use
GotArtwork.com reserves the right to change or remove (temporarily or
permanently) the website or any part of it without notice and you confirm that
GotArtwork.com shall not be liable to you for any such change or removal. We may change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party websites
GotArtwork.com may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.
Copyright
All content included on the website, such as, but not limited to, images, text,
graphics, logos, and button icons, is the property of either GotArtwork.com, its
members or its content
suppliers and is protected by United States and international copyright laws.
The purchase of any product does not provide the purchaser with any copyright
interest or other intellectual property right in the product. All content on the
GotArtwork.com, it's sub-domains as well as domain names powered by GotArtwork.com that is not the property of GotArtwork.com is used with permission. The
arrangement and compilation of all content on the website are the exclusive
property of GotArtwork.com and are protected by U.S. and international copyright laws.
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.
By uploading / posting artwork images either for display or print copy sale purposes,
a member certifies that he/she owns the copyright pertaining to the artwork free and clear of any liens,
licenses, encumbrances, or claims of any nature,
or has obtained a license permitting the use artwork in such manner.
It is our policy to terminate
membership privileges of anyone who repeatedly infringes copyright upon
notification to GotArtwork.com by the copyright owner or the copyright owners
legal agent.
Copyright Compliance & Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual infringement by any other means, we will remove such actual infringing
artworks / products from the website pending our investigation.
1) A physical signature of the person authorized to act on behalf
of the copyright owner of the artwork. 2) The URL of the page which displays the
copyrighted material. 3) Your contact information, such as name, address, phone
number, email address. 4) A written and signed statement by you, made under
penalty of perjury, that you have good faith belief that the disputed use of an
artwork/image is not authorized by the copyright owner, its agent, or as
otherwise forbidden by law. Please see help section for our mailing address
information.
Eligibility
Membership is void where prohibited. By using the
website and it's services, 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 GotArtwork.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, as well as for your interactions with other members. If you're not 18
and older, then your use of the website must be under adult supervision. If
you're under the age of 18, you may not view or otherwise attempt to access
mature content.
Disclaimers and Limitation of Liability
The website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, GotArtwork.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
GotArtwork.com makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of GotArtwork.com for death or personal injury as a result of the negligence of GotArtwork.com or that of its employees or agents.
Indemnity
You agree to indemnify and hold GotArtwork.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GotArtwork.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Membership Terms of Use
In addition to the regular website terms of use. Those users who choose to
register and become members are also bound by the following terms.
Registration Requirements
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
You will also need to create a password and will receive an account designation upon completing the Site's registration process.
You are responsible for all activities that occur under your password or account.
Got Artwork, Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In order to become a member, the minimum required information is your full name, working email address,
account type and a security question/answer just in case you forget your password.
GotArtwork.com is intended for Artists, Galleries and regular
Shoppers/Collectors.
Our services
are not intended for such artists as
musicians,
poets or
performance artists.
GotArtwork.com is intended for artists such as
painters, sculptors,
digital artists etc. In other words, our services are intended
for all types of artists whose artworks can be visualized.
We strongly urge our artists and galleries to upload a profile photo, biography
and specify their location. This will give the rest of our members a sense of
belonging to a quality artist community
Registration Limitations
Users agree not to register more than one account in order to bypass the
limitations of our membership plans. This is considered a serious violation and
an abuse of the free service that can have a negative impact for the rest of the
members. If you forgot your old account login information or accidentally
registered a duplicate account, then you must let us know which one of the
duplicate accounts to remove.
User Submitted Content
Users agree not to submit any content (artworks, blogs, comments,
images etc) that may fall in one or more of the following categories:
- The submitted content infringes on copyright or other intellectual property
rights
- The submitted content is blasphemous, racist or may otherwise be offensive to
others.
- The submitted content (such as comments) contains treats to others.
- The submitted content is unlawful.
- The submitted content abuses our services or harasses other members.
- The submitted content is not constructive towards building the artist community
of GotArtwork.com or is otherwise not related to art.
If the submitted artworks contain graphic nudity,
they must be properly marked as such in the manage artwork page.
Users agree that it is at the sole discretion of GotArtwork.com to
determine if any of the user submitted content is in violation of member terms
of use and that such categorization may be based on subjective standards.
Membership Termination
Users agree that GotArtwork.com reserves the right to terminate membership and
remove any and all user submitted content if we deem that the continued
membership of a user is in violation of our terms of use, is done in a manner
that gains unfair advantage over other users or is otherwise
nonconstructive towards building an enjoyable artist community.
Fraudulent Transaction Handling
If there's suspicion of, or a claim of an online credit card fraud or any other type of transaction fraud, we reserve the right to:
- Refuse payment for the artwork sale commission.
- Cancel any and all related orders.
- Reverse transaction and subtract from a member's balance the amount equivalent to the commission earned from the related sale.
- Submit any required information such as user IP address logs, transaction information to the relevant authorities and the Internet Crime Complaint Center, which is in partnership with the FBI and the NW3C.