Terms & Conditions

1. ACCEPTANCE OF TERMS
Artbank.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Artbank.com from time to time without notice to you. The most current version of the TOS can always be found at http://www.artbank.com/termsandconditions.aspx. By using Artbank.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.

2. DESCRIPTION OF SERVICE
Artbank.com provides an online quality art selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Artbank.com, such as service announcements and administrative messages, and that these communications are considered part of Artbank.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 Artbank.com shall be subject to the TOS. You understand and agree that Artbank.com is provided "AS-IS" and that Artbank.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 Artbank.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 Artbank.com.
Please be aware that certain areas on Artbank.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 Artbank.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Artbank.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 Artbank.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Artbank.com has the right to suspend or terminate your account and refuse any and all current or future use of Artbank.com (or any portion thereof).

4. ARTBANK.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to the Artbank.com Privacy Policy. For more information, see full Artbank.com privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select or receive a password upon completing the Artbank.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 Artbank.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.

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 Artbank.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Artbank.com does not control the Content posted via Artbank.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Artbank.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Artbank.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 Artbank.com.
You agree to not use Artbank.com to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Artbank.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Artbank.com;
5. 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);
6. 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;
7. 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;
8. 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;
9. interfere with or disrupt Artbank.com or servers or networks connected to Artbank.com, or disobey any requirements, procedures, policies or regulations of networks connected to Artbank.com;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
11. if you are an artist, upload your own art for sale; or

12."stalk" or otherwise harass another.
You acknowledge that Artbank.com does not pre-screen Content, but that Artbank.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 Artbank.com. Without limiting the foregoing, Artbank.com and its designees shall have the right to refuse to approve or remove any Content that violates the TOS, is otherwise objectionable or which, in the view of Artbank.com in its sole discretion and judgment, does not constitute quality or premium art or is of an insufficient quality so as to be inconsistent with the objectives of the Site. 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 Artbank.com or submitted to Artbank.com.
You acknowledge and agree that Artbank.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 Artbank.com, its users and the public.
You understand that the technical processing and transmission of Artbank.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. 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 Kingdom or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ARTBANK.COM
Artbank.com does not claim ownership of Content you submit or make available for inclusion on Artbank.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Artbank.com, you grant Artbank.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 Artbank.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Artbank.com. and in any advertising or promotion undertaken by Artbank.com in any form. This license exists only for as long as you elect to continue to include such Content on Artbank.com and will terminate at the time you remove or Artbank.com removes such Content from Artbank.com.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Artbank.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 Artbank.com are those areas that are intended by Artbank.com to be available to the general public.

9. INDEMNITY
You agree to indemnify and hold Artbank.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 Artbank.com, your use of Artbank.com, your connection to Artbank.com, your violation of the TOS, or your violation of any rights of another.

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Artbank.com may establish general practices and limits concerning use of Artbank.com, including without limitation the maximum number of days that uploaded Content will be retained by Artbank.com, the maximum disk space that will be allotted on the Artbank.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Artbank.com in a given period of time. You agree that Artbank.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 Artbank.com. You acknowledge that Artbank.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Artbank.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE
Artbank.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Artbank.com (or any part thereof) with or without notice. You agree that Artbank.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Artbank.com.

12. TERMINATION AND CANCELLATION
You agree that Artbank.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of Artbank.com, and remove and discard any Content within Artbank.com, for any reason, including, without limitation, for lack of use or if Artbank.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Artbank.com may also in its sole discretion and at any time discontinue providing Artbank.com, or any part thereof, with or without notice. In particular, and without prejudice to the foregoing, if art is uploaded by an artist seeking to sell art in their own right and/or on behalf of an artist other than on the terms of a professional relationship of gallery or dealer and artist, such art shall be liable to be removed without further notice and without reimbursement of any credits used by any person so uploading art. You agree that any termination of your access to Artbank.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Artbank.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 Artbank.com. Further, you agree that Artbank.com shall not be liable to you or any third-party for any termination of your access to Artbank.com. To cancel your account, you are required to notify Artbank.com by email to info@artbank.com). Any other form of cancellation request may or may not be accepted or processed.

13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Artbank.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 Artbank.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 Artbank.com.

14. LINKS
Artbank.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Artbank.com has no control over such sites and resources, you acknowledge and agree that Artbank.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 Artbank.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.

15. PROPRIETARY RIGHTS OF ARTBANK.COM
You acknowledge and agree that Artbank.com and any necessary software used in connection with Artbank.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 Artbank.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Artbank.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Artbank.com or the Software, in whole or in part.
Artbank.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 Artbank.com. You agree not to access Artbank.com by any means other than through the interface that is provided by Artbank.com for use in accessing Artbank.com.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF ARTBANK.COM IS AT YOUR SOLE RISK. ARTBANK.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTBANK.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. ARTBANK.COM MAKES NO WARRANTY THAT (i) ARTBANK.COM WILL MEET YOUR REQUIREMENTS, (ii) ARTBANK.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ARTBANK.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ARTBANK.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 ARTBANK.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 ARTBANK.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTBANK.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 ARTBANK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ARTBANK.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 ARTBANK.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ARTBANK.COM; OR (v) ANY OTHER MATTER RELATING TO ARTBANK.COM.

18. 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.

19. NOTICE
Notices to you may be made via either email or regular mail. Artbank.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Artbank.com.

20. TRADEMARK INFORMATION
ARTBANK is a registered trademark of Artbank.com Ltd. Without prior permission from Artbank.com you agree not to display or use in any manner, the Artbank trademark.

21. COPYRIGHTS
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 Artbank.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 owner's behalf.
Notice of copyright or other intellectual property infringement can be sent to Artbank.com as follows:
Email: info@Artbank.com
Mail:
Artbank.com Ltd.
9 Hatton Place, London

EC1N 8RU
UNITED KINGDOM

22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Artbank.com and govern your use of Artbank.com, superceding any prior agreements between you and Artbank.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 Artbank.com shall be governed by the laws of in accordance with the laws of England and Wales without regard to its conflict of law provisions. You and Artbank.com agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. The failure of Artbank.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 Artbank.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.

23. VIOLATIONS
Please report any violations of the TOS to info@Artbank.com