ART U FIND TERMS OF SERVICE
Please read this document carefully before you access or use the Art U Find website. The terms "we" or "us" or "our" in this document refers to Art U Find, ArtUFind.com. By using the services offered on or through Art U Find or any of our linked websites, you are agreeing to the terms and conditions set forth below. We reserve the right to modify, change, add or remove portions of the Terms of Service at any time. The most current version of our Terms of Service will be posted on our website under the Terms of Service link. The terms and conditions of our privacy policy are incorporated into this User agreement by reference. Use of our service shall constitute your understanding of and consent to any changes we may make to our Terms of Service or Privacy Policy. If you do not understand our Terms of Service or Privacy Policy, do not register to become a user of Art U Find or any of our linked websites. By using our service you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this Service, use of the Service, or access to the Service without the express written permission from Art U Find.
Who can register to Use Art U Find?
You must be 18 years or older to use Art U Find or any of our linked websites. To use all components of our websites, you must become a registered user and will be asked to provide your name, email, city and state. You will also be required to select a password. You are responsible for the security of your password, and if you loose control of your password, you are fully responsible for all content, and activity that occurs in connection with your account. Art U Find will not be liable for any loss or damage you or any other user of the Art U Find service, including any of our linked sites which may incur. To ensure the security of your password we recommend you: Monitor your Account; Use strong, use unique passwords combining numbers, letters and special characters; Immediately notify us of any unauthorized use or security issues related to your account; Change your password if you suspect unauthorized use; Log off from your account when you are done using our Service and sites. Art U Find, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service including all our linked websites, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account(s), your access to your Account, and the forfeiture and relinquishment of all Content in your Account(s).
What you may list on our site
This is an art promotion and trading site, and art is what we are interested in. The definition of art can vary greatly but would include Native American, Asian Art,African, Oceanic, Folk, Antiques, Limited Edition Prints, Vintage Posters, Paintings, Sculpture, Blown Glass, Wood, and Photography. You must be 18 years old to list artwork on the Art U Find web site or our linked sites and you must have legal title to the artwork you are selling.
Guns or automatic weapons of any kind, culturally sensitive items, collectibles, memorabilia, commercially made clothing or anything which is not legal to sell or trade. No pornographic material is allowed. Remember if you are selling something which is illegal or that you do not own you are breaking the law. If you are unsure if something you want to sell is an appropriate object, don’t list it. You are fully responsible for the artwork you list on the Art U Find sites or our linked websites. Art U Find reserves the right to remove any listed objects at any time for any reason if we feel they are offensive, culturally sensitive, pornographic, or simply inappropriate for the site. This is a condition which you must agree to in order to use any of our site(s) and become a member. Art U Find reserves the right to remove any listing from any of our site(s) at any time, for any reason, without explanation and your use of the sites affirms your understanding and agreement to this right.
What Art U Find and our linked sites do not do
Art U Find and all of our linked websites never negotiates or acts as your agent on your behalf. Art U Find or any of our linked websites never authenticates anything or guarantees any artwork or service. We recommend you contact a reputable art dealer and/or art appraiser willing to do appraisals (these are generally fee for service) of art work you may want vetted/authenticated prior to making any trade. If you choose to make a sale without any third party authentication, you are solely responsible for resolving any dispute that may arise if an item does not meet your expectations or you determine at a later date is not authentic or as stated/described by the owner. We do not ship or insure anything ever; we are not a gallery or auction house. We do not collect any taxes; the participating parties are responsible for any and all taxes which may apply to their sale or trade. Many states look at trades as sales and you may be responsible for state taxes. You are solely responsible to check your local states tax statutes, and if you are unsure if you owe any tax, we advise you check with an accountant. Never assume just because you are selling or trading out by the internet that you don't have tax obligations. Ignorance of the law is no excuse for not paying due taxes. We are not liable for any fees, costs or penalties that are associated with any trades or transactions you make.
Art U Find Payment/Refund/Upgrades or Downgrade Policy
You may not use Art U Find or our linked websites for any monetary transactions other than to pay for your monthly subscriptions. You will be billed every 30 days starting on the day your account was initially created. If you cancel prior to the processing of your next invoice on the 30th day, you will not be charged. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. It is solely your responsibility to keep payment information up to date for your account. Should you fail to keep your payment information current and if we are unable to process your payment when due, Art U Find or any of our associated websites will not be liable or responsible for the loss of your site content.
Art U Find Cancellation Policy
The only way to cancel your Art U Find or our linked websites account is to log onto to the site with your account and select the "My Profile" link at the very top, and then find the "Manage My Membership" link. Do not send us an email and expect your account will be canceled. Once you cancel your membership all of your Content will be immediately deleted. This information cannot be recovered once your account is canceled. You will not be billed again, provided you cancel your membership prior to the processing of your next invoice on the 30th day.
Changes to our Subscription Pricing
Art U Find and all our linked Websites reserve the right at any time modify, discontinue, temporarily or permanently, change all or any portion of our Services with or without notice. Prices of monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us and these notices will be posted on the Art U Find or our linked websites home page. Art U Find and our linked websites shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Service
Copyright and Content Ownership
Art U Find and our linked websites respects the intellectual property of others, and is committed to providing our members with a safe place to trade. Before listing an item it is your responsibility to determine whether the item you are listing will infringe on the intellectual property rights of a third party. More information can be found at www.copyright.gov or www.uspto.gov; you can also consult with your attorney prior to listing. Art U Find and our linked websites reserves the right to terminate the accounts and content of users who infringe the intellectual property rights of others.
If you believe your work has been used in a way that constitutes copyright infringement, please flag the item which is located on the artwork where you make the trade. You must fill in the information box regarding why you have flagged item. If this is not completed, Art U Find will not evaluate the flagged piece. For copyright issues, you must also contact us with written notification (not email), to include the following information: Item Description of the copyrighted work you claim has been infringed, website on which the item appears, name of the Intellectual Property owner, your name, address, city, state, zip and email and phone along with a statement signed by you that under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf, and that you have a good faith belief the item in dispute has not been authorized by the copyright holder. You may with to consult with your legal counsel prior to submission. Mail all written notifications to:
Art U Trade LLC
7000 East Tanque Verde Road Suite 16
Tucson, Arizona 85715
Attn: Legal Copyright Agent
Disclaimer of Warranties
Use of the Site is at your sole risk and the services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Art U Find and our linked websites do NOT warrant that: the Art U Find an our linked websites will meet your requirements; the service will be uninterrupted, accessible, secure, accurate, reliable or error-free; any errors in the Service, the Site or its content will be corrected; the site will be free of any viruses or other harmful technologies; any items obtained from the use of the service will be authentic or will have clear legal title; the quality of any services, items or other material traded for or obtained by you through our service will meet your expectations. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limits of Liability
In no event shall Art U Find, its affiliates, directors, employees, or its licensors be liable for direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from any aspect of your use of the Art U Find or our linked sites or service, even if Art U Find or any of our linked websites have been advised of the possibility of such damages. We do not guarantee the truth or accuracy of any item listed on our site nor do we guarantee the authenticity, legality, ownership, or condition of any item. Art U Find and our linked websites does not transfer legal ownership of any item from any artist, museum, gallery, individual or any other entity using our site and does not authenticate, appraise, value, assist in the evaluation of or give advice regarding any sale or trade for any object. Art U Find or any of our linked websites will not be held responsible for any statements, conduct, or actions, by any party that uses, or misuses the Art U Find or our linked sites or services. We do not assist in dispute resolution for any action or inaction by any individual or entity using the Art U Find or our linked websites or service and you shall not hold Art U Find or any of our linked websites liable for any legal costs incurred to resolve such disputes. Art U Find our our linked websites will not be liable to you or any third party for your or inability to use the site or service, for any interruption, modification, suspension or termination of the Art U Find or any of our sites or for any unauthorized alteration of your transmissions, data or unauthorized access to your Art U Find or other linked website account(s)..
Your sole and exclusive remedy against Art U Find and or our linked websites for any liability, unsatisfactory trading experience or dissatisfaction with our service is to discontinue using our Site and Service.
Indemnity
You agree to hold harmless and indemnify Art U Find, Art U Trade or any of our linked websites, its officers, directors, subsidiaries, joint ventures, employees, affiliates and agents from any claims or demands, including reasonable attorney's fees and court costs, made by any third party due to or arising out of your use of our service, your breach of the Art U Find Terms of Service or Privacy Policy, your violation of any law or rights of a third party to include intellectual property infringement, the content you submit, post or make available through the use of the Art U Find and all our associated websites our service or site.
Questions about the Terms of Service should be directed to info@artufind.com
Copyright 2009-10 Art U Trade LLC, All rights reserved.
Art U Find Privacy Policy
This Art U Find Privacy Policy (“Privacy Policy”) covers the use of the website http://www.ArtUFind.com and the services provided by Art U Trade, L.L.C. (“Art U Trade,” “we,” “our,” or “us”). Collectively, the websites and the services provided on it are referred to herein as the “Site” or "our linked websites" unless otherwise indicated. This Privacy Policy describes the way personal information is collected and used. This notice applies to all information collected or submitted on the Site and our linked websites. This Privacy Policy does not apply to the practices of third parties that Art U Trade does not own or control, or individuals that Art U Trade does not employ, manage or supervise. By accepting the Privacy Policy and the Art U Find Terms of Service, incorporated herein by reference, you (variously referred to herein as “you,” the “User,” the “Member,” or “your”) expressly consent to our collection, storage and use of your personal information as described in this Privacy Policy.
The Information We Collect
Anyone can search Art U Find or any of our linked websites for potential purchases of art without providing personal information. Once you register as an Art U Find member or a member on our linked websites, you have chosen to provide us with personal information and therefore consent to the storage and transfer of your personal information to our servers. Information we collect includes your name, address, city, state, zip code, phone, fax, email and website. If you are a paid member you are required to provide a valid credit card and billing information. We do not sell personally identifiable information for marketing purposes.
Information we may collect:
· email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
· transactional information based on your activities on the Site or our linked websites (such as buying or selling, the art and content you generate or that relates to your account);
· shipping, billing and other information you provide to purchase or ship an item;
· community discussions, chats, dispute resolution, correspondence through the Site or our linked websites, and correspondence sent to us;
· other information from your interaction with the Site or our linked websites including computer and connection information, statistics on page views, traffic to and from the Site or our linked sites, ad data, IP address and standard web log information;
· additional information we ask you to submit to authenticate yourself or if we believe you are violating Site or our linked website's policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list)
Marketing
We do not sell personally identifiable information for marketing purposes. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don’t wish to receive marketing communication from us simply indicate your preference in your Art U Find or our linked websites Account profile. You may change your preferences at any time
How We Use Your Information
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- Maintain and improve the Art U Find and our linked websites;
- Allow users to search for your art or service by city, state, and zip code;
- Alert users if an art piece or service they are seeking is posted to our website;
- Facilitate our merchant processor to collect fees and process credit cards;
- Contact a User for customer support;
- Resolve disputes and troubleshoot problems;
- Protect against fraud and illegal activity;
- Customize, measure and improve the Sites, content and advertising;
- Enforce Art U Find's and our linked websites Terms of Service and this Privacy Policy;
Cookies
We use cookies which are files transferred through your web browser and stored on your computer. Art U Find and our linked website cookies do not collect personal information. Cookies help you use all parts of our websites, allow us to identify you, maintain your logged in status, and helps us to evaluate our services and vendors. You are free to decline our cookies, doing so however may interfere with your use of our sites. Be aware when in contact with third parties as you may download cookies we do not control.
Art U Find Disclosure of Your Information:
Art U Find or our linked websites, if required to respond to a legal inquiry, or in good faith belief that disclosure is necessary, in their sole discretion may release your personal information. Art U Find or our linked websites in their sole discretion may disclose personal information to respond to legal requirements, enforce our policies, respond to reasonable claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Art U Find and our linked websites also reserve the right in their sole discretion to disclose collected information to investigate or defend itself against third party claims or allegations or to transfer the information we have collected from our Users as part of a change of ownership. Such information will be disclosed in accordance with applicable laws and regulations.
Art U Find or our linked websites in their sole discretion may share your personal information with:
· Service providers under contract who help with our business operations (such as fraud investigations, bill collection, and Information Technology services).
· Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
· Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity or to report suspected illegal activity. In such events, we may disclose information relevant to the investigation or report, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and Art U Find and our linked websites use history.
· Another business entity, should we plan to merge with or be acquired by that business entity.
· Art U Find’s or our linked websites legal counsel in the event of an investigation or to defend against User claims or third party claims or allegations.
Without limiting the above, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or other legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, damage to property, violations of rights, or general financial loss or to report suspected illegal activity.
No Spam, Spyware or Spoofing
We and our Users do not tolerate spam. Set your Art U Find communication preferences so we communicate to you as you prefer. You are not licensed or permitted to add other Art U Find Users, even a User who has purchased an item from you, to your mailing list (email or physical mail) without their prior and express consent. To report Art U Find or our linked websites spam or spoof emails to Art U Find, please forward the email to info@artufind.com. You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Service. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses
Internet Privacy Limitation
Art U Find and our linked websites run on secure servers that are constantly updated with the latest security patches. However, because of the possibility of unlawful interception of information by third parties, Art U Find cannot guarantee that your communications on any of our websites and personal information will always remain private.
Links to other sites
Art U Find and our linked websites are not responsible for any privacy policies, content or practices of links to any other websites, companies or organization. If you disclose your information to others, you are subject to the privacy policies of these third parties where applicable.
Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Art U Find or our linked website passwords to anyone. If you share your password or your personal information with others, remember that you alone are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Art U Find and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to the Site or our linked websites. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law and the Terms of Service. We do not retain personal information from closed accounts except to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Privacy Policy or Terms of Service, or take other actions otherwise permitted by law and/or the Terms of Service.
Security
Your information is stored on our servers located in the
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information on Art U Find and our linked websites collects from you. If you disclose your information to others, whether they are buyers or sellers on Art U Find or linked websites or through the internet, different rules may apply to their use or disclosure of the information you disclose to them. Art U Find or our linked websites do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Art U Find and our linked websites are not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. Art U Find and our linked websites encourages you to ask questions, investigate carefully and proceed cautiously before you disclose your personal information to others.
International Members
Art U Find and our linked websites are hosted in the
Art U Find and our associated websites Policy on Children
Children under the age of 18 are not eligible to use Art U Find or any of our linked websites. No exceptions.
Art U Find Privacy Policy Changes
Art U Find and our linked websites may review its Privacy Policy and make revisions at any time.We will notify you of any changes by posting our updated privacy policy on ArtUFind.com and our linked websites. The use of our websites constitutes your agreement with our Privacy Policy and any future revisions.
How to Contact us
If you have questions about Art U Find's or our linked websites Privacy Policy contact us at info@artufind.com.
Effective date
This privacy policy is effective February 9, 2010.
