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 associated 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 associated 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 associated websites. To use all components of our website, 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 associated 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 site. 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 associated 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 and you must have legal title to the artwork you are selling.

What you may not list on our site:

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 associated 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 site affirms your understanding and agreement to this right.

What Art U Find and our associated sites does not do

Art U Find and all of our associated websites never negotiates or acts as your agent on your behalf. Art U Find or any of our associated 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 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 associated 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 associated Websites reserves the right at any time modify, discontinue, temporarily or permanently, change all or any portion of our Service 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 associated websitess home page. Art U Find and our associated 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 associated 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 associated 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, 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 associated websites do NOT warrant that: the Art U Find an our associated 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 associated sites or service, even if Art U Find or any of our associated 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 associated 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 associated websites will not be held responsible for any statements, conduct, or actions, by any party that uses, or misuses the Art U Find or associated 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 associated websites or service and you shall not hold Art U Find or any of our associated websites liable for any legal costs incurred to resolve such disputes. Art U Find our our associated 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 associated website account(s)..

Your sole and exclusive remedy against Art U Find and or associated 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 associated 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.