|Its Fast and Easy|
||Create a site to sell and promote your artwork
||Google and Yahoo Friendly
||Low price plans to start today for free
||Make Money doing what you love
| Learn More |
|Its Fast and Easy|
||Create a site to promote your Gallery and sell your artist’s work
||Google and Yahoo optimized
||Low price plans to start today for free
| Learn More |
|Terms and Conditions|
1. ACCEPTANCE OF TERMS
MyArtworkSpace.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by MyArtworkSpace.com from time to time without notice to you. The most current version of the TOS can always be found at: http://www.MyArtworkSpace.com.com/terms.php. By using MyArtworkSpace.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
MyArtworkSpace.com provides an online art selling and buying service (the "Service"). You understand and agree that you may receive certain communications from MyArtworkSpace.com, such as service announcements and administrative messages, and that these communications are considered part of MyArtworkSpace.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance MyArtworkSpace.com shall be subject to the TOS. You understand and agree that MyArtworkSpace.com is provided "AS-IS" and that MyArtworkSpace.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to MyArtworkSpace.com and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access MyArtworkSpace.com.
Please be aware that certain areas on MyArtworkSpace.com may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of MyArtworkSpace.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MyArtworkSpace.com registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyArtworkSpace.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyArtworkSpace.com has the right to suspend or terminate your account and refuse any and all current or future use of MyArtworkSpace.com (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the MyArtworkSpace.com registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyArtworkSpace.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. To avoid being charged the membership fee, you are fully responsible for canceling your account before, or on the exact date and time, your free trial expires. To avoid being charged the membership renewal fee, you are fully responsible for canceling your account before, or on the exact date and time, your membership expires. You are responsible for knowing when your free trial and membership expires. When canceling your account, you are required to cancel your account as directed in Section 13. MyArtworkSpace.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyArtworkSpace.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MyArtworkSpace.com does not control the Content posted via MyArtworkSpace.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using MyArtworkSpace.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyArtworkSpace.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via MyArtworkSpace.com.
You agree to not use MyArtworkSpace.com to:
1. upload or post any Content that is not art, such as wedding, vacation, or personal photographs;
2. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
3. harm minors in any way;
4. impersonate any person or entity, including, but not limited to, a MyArtworkSpace.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through MyArtworkSpace.com;
6. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
9. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt MyArtworkSpace.com or servers or networks connected to MyArtworkSpace.com, or disobey any requirements, procedures, policies or regulations of networks connected to MyArtworkSpace.com;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
12. "stalk" or otherwise harass another.
You acknowledge that MyArtworkSpace.com does not pre-screen Content, but that MyArtworkSpace.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via MyArtworkSpace.com. Without limiting the foregoing, MyArtworkSpace.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyArtworkSpace.com or submitted to MyArtworkSpace.com.
You acknowledge and agree that MyArtworkSpace.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MyArtworkSpace.com, its users and the public.
You understand that the technical processing and transmission of MyArtworkSpace.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SELLING ON MYARTWORKSPACE.COM
If you use MyArtworkSpace.com to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older and provide MyArtworkSpace.com with a valid credit card or valid U.S. bank account. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide MyArtworkSpace.com with a valid tracking number for each shipment you make. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by MyArtworkSpace.com, MyArtworkSpace.com and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If a transaction is reversed or charged back for any reason, you agree to promptly reimburse MyArtworkSpace.com for the amount of the reversed transaction. You further acknowledge and agree to pay in a timely manner any and all fees.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON MYARTWORKSPACE.COM
MyArtworkSpace.com does not claim ownership of Content you submit or make available for inclusion on MyArtworkSpace.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of MyArtworkSpace.com, you grant MyArtworkSpace.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly accessible areas of MyArtworkSpace.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on MyArtworkSpace.com. This license exists only for as long as you elect to continue to include such Content on MyArtworkSpace.com and will terminate at the time you remove or MyArtworkSpace.com removes such Content from MyArtworkSpace.com.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of MyArtworkSpace.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.
"Publicly accessible" areas of MyArtworkSpace.com are those areas that are intended by MyArtworkSpace.com to be available to the general public.
You agree to indemnify and hold MyArtworkSpace.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through MyArtworkSpace.com, your use of MyArtworkSpace.com, your connection to MyArtworkSpace.com, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyArtworkSpace.com may establish general practices and limits concerning use of MyArtworkSpace.com, including without limitation the maximum number of days that uploaded Content will be retained by MyArtworkSpace.com, the maximum disk space that will be allotted on the MyArtworkSpace.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access MyArtworkSpace.com in a given period of time. You agree that MyArtworkSpace.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by MyArtworkSpace.com. You acknowledge that MyArtworkSpace.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyArtworkSpace.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
MyArtworkSpace.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MyArtworkSpace.com (or any part thereof) with or without notice. You agree that MyArtworkSpace.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of MyArtworkSpace.com.
13. TERMINATION AND CANCELLATION
You agree that MyArtworkSpace.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of MyArtworkSpace.com, and remove and discard any Content within MyArtworkSpace.com, for any reason, including, without limitation, for lack of use or if MyArtworkSpace.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MyArtworkSpace.com may also in its sole discretion and at any time discontinue providing MyArtworkSpace.com, or any part thereof, with or without notice. You agree that any termination of your access to MyArtworkSpace.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MyArtworkSpace.com may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or MyArtworkSpace.com. Further, you agree that MyArtworkSpace.com shall not be liable to you or any third-party for any termination of your access to MyArtworkSpace.com. To cancel your account, you are required to use the Cancel page in your control panel. You may also email email@example.com Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through MyArtworkSpace.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyArtworkSpace.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on MyArtworkSpace.com.
MyArtworkSpace.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyArtworkSpace.com has no control over such sites and resources, you acknowledge and agree that MyArtworkSpace.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyArtworkSpace.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS OF MYARTWORKSPACE.COM
You acknowledge and agree that MyArtworkSpace.com and any necessary software used in connection with MyArtworkSpace.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through MyArtworkSpace.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyArtworkSpace.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on MyArtworkSpace.com or the Software, in whole or in part.
MyArtworkSpace.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to MyArtworkSpace.com. You agree not to access MyArtworkSpace.com by any means other than through the interface that is provided by MyArtworkSpace.com for use in accessing MyArtworkSpace.com.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF MYARTWORKSPACE.COM IS AT YOUR SOLE RISK. MYARTWORKSPACE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYARTWORKSPACE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MYARTWORKSPACE.COM MAKES NO WARRANTY THAT (i) MYARTWORKSPACE.COM WILL MEET YOUR REQUIREMENTS, (ii)
MYARTWORKSPACE.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYARTWORKSPACE.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MYARTWORKSPACE.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MYARTWORKSPACE.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM MYARTWORKSPACE.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYARTWORKSPACE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYARTWORKSPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MYARTWORKSPACE.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MYARTWORKSPACE.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYARTWORKSPACE.COM; OR (v) ANY OTHER MATTER RELATING TO MYARTWORKSPACE.COM.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. MyArtworkSpace.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on MyArtworkSpace.com.
21. TRADEMARK INFORMATION
MyArtworkSpace.com is a registered trademark of MyArtworkSpace.com, Inc. Without prior permission from MyArtworkSpace.com, you agree not to display or use in any manner, the MyArtworkSpace.com trademark.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MyArtworkSpace.com with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MyArtworkSpace.com and govern your use of MyArtworkSpace.com, superseding any prior agreements between you and MyArtworkSpace.com. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and MyArtworkSpace.com shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and MyArtworkSpace.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois. The failure of MyArtworkSpace.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MyArtworkSpace.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to support@MyArtworkSpace.com.