Artbreak's Terms of Use Agreement

By using the Artbreak.com web site ("Artbreak"), a service of Artbreak, Inc., you are agreeing to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement").

General Terms

You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Artbreak users.
You may not use the Artbreak service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the Artbreak service.
You must not modify, adapt or hack Artbreak.com or modify another website so as to falsely imply that it is associated with Artbreak.
You must not create or submit unwanted email or messages to any Artbreak members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Artbreak, violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your Artbreak account. While Artbreak prohibits such conduct and content on its site, you understand and agree that Artbreak is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Artbreak service at your own risk.

General Conditions

Artbreak reserves the right to modify or terminate the Artbreak service for any reason, without notice at any time.
Artbreak reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Artbreak will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Artbreak's sole discretion, in good faith and using common sense and reasonable judgment.
Artbreak reserves the right to refuse service to anyone for any reason at any time.
Artbreak may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Artbreak determine in Artbreak's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, the Guidelines of Artbreak, or other policy documents and community guidelines as posted on Artbreak.
The Artbreak service makes it possible to post images hosted on Artbreak to outside websites. This use is accepted. However, pages on other websites which display images hosted on Artbreak must provide a link back to Artbreak from each photo to its photo page on Artbreak.
Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Artbreak, you agree to allow other Artbreak users to view them and you agree to allow Artbreak to display the images and content on Artbreak and store the images, item description, profile and other content.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, the Guidelines of Artbreak, and other policy documents and community guidelines as posted on Artbreak before you may become a member of Artbreak. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

Artbreak may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Artbreak. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on August 22, 2007 for all users.

Membership Eligibility

Artbreak's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Artbreak's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Artbreak members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Artbreak. Further, your Artbreak account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining and setting up a shop on Artbreak is free. Artbreak's Fees and Credits Policy is available and is incorporated into this Agreement by reference. Artbreak's Fees and Credits Policy and the fees for Artbreak's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after Artbreak provides you with at least fourteen (14) days' notice of the changes by posting the changes on Artbreak. However, Artbreak may choose to temporarily change Artbreak's Fees and Credits Policy and the fees for Artbreak's services for promotional events and such changes are effective when Artbreak posts the temporary promotional event on Artbreak. Artbreak may, at Artbreak's sole discretion, change some or all of Artbreak's services at any time. In the event Artbreak introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Artbreak's service and Artbreak and all applicable taxes.

Fees for our services are described here.

Artbreak is a Venue

Artbreak is not a retailer. Although Artbreak is commonly referred to as an online marketplace, it is important to realize that Artbreak is not a traditional "retailer." Instead, Artbreak acts as a venue to allow an individual who complies with the Guidelines of Artbreak to offer, sell, and buy certain goods which comply with the guidelines of Artbreak, within a fixed price format. Artbreak is not involved in the actual transaction between buyers and sellers. As a result, Artbreak has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Artbreak cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Artbreak does not transfer legal ownership of items from the seller to the buyer.

Identity Verification

Artbreak uses many techniques to verify the accuracy of the information Artbreak's users provide to Artbreak when they register on Artbreak. However, because user verification on the Internet is difficult, Artbreak cannot and does not confirm each user's purported identity. Thus, Artbreak has established a user-initiated feedback system to help you evaluate with whom you are dealing. Artbreak also encourages you to communicate directly with potential transaction partners through the tools available on Artbreak. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because Artbreak is a venue, in the event that you have a dispute with one or more users, you release Artbreak (and Artbreak's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control

Artbreak does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Artbreak. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Artbreak, you agree to accept such risks and that Artbreak (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artbreak

Buying

A buyer is obligated to complete the transaction of a purchase of an item on Artbreak in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email or message to notify the seller that that the payment is in the mail, within three (3) days of the transaction.

A seller must abide by all of Artbreak's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

Billing

Artbreak will bill the seller for the servics you, as a seller, have used. Payment will be due between the 15th and 27th day of each month. To insure that the amount charged is accurate, Artbreak will email an invoice to you on the last day of each month listing all of your transactions and the corresponding charges. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible to billing@artbreak.com, so that we can either resolve the issue or eliminate the charge prior to charging your credit card. If you are unable to respond in time to avoid a questionable charge, please do not challenge the amount with the credit card company, but instead notify Artbreak and we will make the appropriate adjustment in the next month's invoice.

Listing and Selling

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline individual shop policies (in their Shop Announcement or Profile) for their Artbreak shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Artbreak reserves the right to request that a seller modify an individual policy.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Termination: Without limiting any other remedies, Artbreak, without notice, may suspend or terminate your account if Artbreak suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Artbreak's policies set out in this Agreement, the Privacy Policy, the Guidelines of Artbreak, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Artbreak.

Manipulation: The price stated in each Artbreak Item Description must be an accurate representation of the sale. 'Manipulation' refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Artbreak transaction fees, and hacking into another�s account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

Prohibited, Questionable and Infringing Items

Definition: "Your Information" is defined as any information you provide to Artbreak or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Artbreak acts as a passive conduit for your online distribution and publication of Your Information.

"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), messages, and email.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on Artbreak shall not:

be false, inaccurate or misleading;
be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Guidelines of Artbreak;
infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the Guidelines of Artbreak;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this Agreement, the Privacy Policy, the guidelines of Artbreak, or other policy documents and community guidelines as posted on Artbreak or;
are identical to other items you have for sale but are priced lower;
are concurrently listed for sale on a web site other than Artbreak's (this does not prevent linking to or advertising an Artbreak item from another web site); or
you do not have a right to link to or include.

Furthermore, you may not list any item on Artbreak (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

License: Solely to enable Artbreak to use the information you supply us with, so that Artbreak is not violating any rights you might have in that Your Information, you agree to grant Artbreak a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Artbreak will only use Your Information in accordance with Artbreak's Privacy Policy.

Access and Interference

Artbreak may contain robot exclusion headers. Much of the information on Artbreak is updated on a real time basis and is proprietary or is licensed to Artbreak by Artbreak's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Artbreak for any purpose without our prior express written permission. Additionally, you agree that you will not:

take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the Guidelines of Artbreak) from the Site without the prior expressed written permission of Artbreak and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Artbreak.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. Artbreak may, without prior notice, limit the number of purchases and listings, which you may place on Artbreak based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Artbreak. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Artbreak users, you agree that you shall not market or export your Artbreak feedback rating in any venue other than an Artbreak operated website.

Import: Artbreak does not provide you with the technical ability to import feedback from other (non-Artbreak operated) websites to Artbreak because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach

Without limiting other remedies available, Artbreak may, without prior notice, limit your activity, immediately remove your item listings, warn Artbreak's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

you breach this Agreement, the Privacy Policy, the Guidelines, or other policy documents and community guidelines this Terms of Use incorporates by reference;
Artbreak is unable to verify or authenticate any of Your Information; or
Artbreak believes that your actions may cause financial loss or legal liability for you, Artbreak's users or Artbreak.

Privacy

Artbreak does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Artbreak only uses your information as described in the Privacy Policy. Artbreak views protection of users' privacy as a very important community principle. Artbreak understands clearly that you and Your Information is one of Artbreak's most important assets. Artbreak stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Artbreak's services.

No Warranty

ARTBREAK, ARTBREAK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTBREAK'S SUPPLIERS PROVIDE ARTBREAK'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTBREAK, ARTBREAK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTBREAK'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL ARTBREAK, AND (AS APPLICABLE) ARTBREAK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTBREAK'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

ARTBREAK'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTBREAK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Artbreak IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ARTBREAK AND (AS APPLICABLE) ARTBREAK'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Artbreak are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Artbreak Attn: Legal Department; 260 Perkins St #3E, Oakland, CA 94610 (in the case of Artbreak) or to the email address you provide to Artbreak during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Artbreak may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Artbreak during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

Artbreak's goal is to make you happy. In the event a dispute arises between you and Artbreak, please email Artbreak at support@artbreak.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Disputes between you and Artbreak regarding Artbreak's services may be reported to Customer Support by emailing support@artbreak.com.

Disclosures

The services hereunder are offered by Artbreak Inc., located at 260 Perkins St #3E, Oakland, CA 94610. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.