EFFECTIVE November 17, 2002
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Artopium OFFERS YOU ACCESS TO OUR SERVICES.
These are the terms and conditions applicable to your useof our services available under the domain and sub-domains of www.Artopium.com. As used herein, the terms "We", "Our", "Artopium.com" or "Artopium" refers to the company called Artopium.com and/or the Website itself; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation. You must read, agree with and accept all of the terms and conditions contained herein which include those terms and conditions expressly set out below and those incorporated by reference, before you may use Artopium for any purpose. We may amend this Agreement at any time by posting the amended terms on our site. Except All amended terms shall automatically be effective immediately after they are initially posted on our site and a notification of all changes will be posted by email. This Agreement may not be otherwise amended except in a writing signed by you and Artopium.com
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Artopium members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your Artopium account (including feedback) and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Because user verification on the Internet is difficult, Artopium cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential buyers/sellers through the tools available on our site.
Without limiting any other remedies, Artopium may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
Use of Materials Found on Artopium.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on Artopium are protected by copyright and international laws. You may only access and use the Materials for personal or educational use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on Artopium, and you should not attempt to "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.
Sites Linked From the Website:
Links to third-party web sites from the Website are not necessarily under Our control, and We do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. Artopium does not investigate, monitor or check for accuracy such third-party web sites and We do not intend any such links to third-party web sites to imply Our sponsorship or endorsement thereof. Your use of such web sites is at your own risk.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, when using our site. 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.
As a buyer, you are obligated to complete the transaction with the seller. By purchasing an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. As a buyer you are also obligated to the follwing buyer's rules:
1) The buyer has 72 hours after a product has been confirmed delivered by the providing shipping carrier to report any disputes to Artopium. The buyer understands that any disputes, regardless of legitimacy, thereafter will not result in a refund of money.
2) If the buyer claims the product was damaged or defective upon arrival the buyer understands that it is his/her responsibility to ship the product in it's entirety to Artopium for inspection. If the product is not shipped within 10 business days of the time the dispute was made the buyer's understands that they may not receive a refund. If it is found to be the seller's fault for the damage or defect the buyer understands the seller has a two week grace period to ship a replacement to Artopium for inspection. If the replacement passes inspection the replacement will be sent to the buyer, otherwise the buyer's money will be refunded.
3) If the buyer claims the product never arrived, then Artopium will investigate using the product tracking number provided by the seller and the shipping carriers tracking system. If it is found that the shipping carrier reports a delivery date and signature along with correct addresses corresponding to the FROM and TO locations, a refund will not be granted and the buyer understands that he/she may resolve all further disputes with that shipping carrier. If it is found the shipping carrier does not have a signature, the buyer understands that the seller has a two week grace period to send a relacement to Artopium for inspection. If the replacement passes inspection the replacement will be sent to the buyer, otherwise the buyer's money will be refunded.
4) If the buyer disputes the authenticity of the product, the buyer understands it is his/her responsibility to send the product in question in it's entirety to Artopium within 10 business days of the dispute for inspection. The buyer also understands it is the seller's responsibility to do the same. If the buyer's product in question is not shipped to Artopium within 10 business days of the time the dispute was made a refund will not be granted to the buyer, and like-wise, if the seller's product does not arrive a refund will be granted to the seller. Artopium will compare the two products with the description of the product on the website. If one of the products is found to match the description we will ship that product to the buyer and no refund will be given. If both are found to not fit the description or eachother the seller may be removed from the site and a refund will be given to the buyer.
5) The buyer understands that where and when we can, if we suspect fraud we will contact the appropriate authorities for an investigation.
You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the Artist's Page of our site. Your listings may include text descriptions, graphics, pictures, sound and video clips, and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. As a seller you are also obligated to follow the following seller's rules:
1) The seller must ship the product within 10 business days of receiving the email notification of purchase. Received is defined as the moment the email arrives at the seller's email inbox, not at the time the seller has read the email.
2) If the seller is has turned on the optional Tracking Feature, and the buyer has requested tracking, the seller must ship the product using either Federal Express, United States Postal Service (USPS), UPS, or DHL as these shipping carriers provide a method we can use to track shippments online.
3) Once the seller has shipped the product, the seller must come back to the Artopium website to either click the "confirmation" button, or if the artist has turned on the optional tracking feature and the customer has requested tracking, enter in the tracking number provided by one of the shipping carriers listed above. The tracking number must be entered before the final delivery date of the product and must reflect that the product was shipped within 10 business days (as stated above). Failure to return to Artopium to confirm shipment, or if an invalid tracking number is provided, the order will be cancelled and the buyer's money will be refunded.
4) If the seller is found to be responsible for a damaged or defective product, they will have a two week grace period to replace it. The replacement must be shipped to Artopium for authentication, then we will ship it to the buyer. If a replacement is not received the buyer's money will be refunded.
5) It is the seller's responsibility for the product to safely reach the buyer. If it is found that the shipping carrier is responsible for a damaged or lost product, we will refund the buyer's money and the seller understands that he/she must take all disputes to the shipping carrier. The seller also understands that it is not only a good idea, but also their responsibility for any insurance that needs to be put on expensive or original products.
6) If the buyer disputes the authenticity of the product the seller understands it is his/her responsibility to send a duplicate to Artopium for verification purposes. If the duplicate is not recieved within 10 business days or is found not to match the description on the website the seller's account may be terminated and the buyer's money will be refunded. The seller also understands it is also the buyer's responsibility to send in the original product as part of the dispute resolution process and if the buyer fails to do so the buyer's money will not be refunded. If the product is an original, the seller understands it is his/her responsibility to use an escrow or other such services, and cannot hold Artopium liable for any such verification or investigation of such authenticity disputes. The seller also understands that although Artopium plans to provide escrow services in the future, we currently do not. Although this type of dispute is extremely rare, if you are selling an expensive original and are concerned about a particular sale, please feel free to contact us. We can make arrangements to have the work's authenticity verified before shippment.
7) The seller understands that where and when we can, if we suspect fraud we will contact the appropriate authorities for an investigation.
"Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography; (g) 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; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale on the site but are priced lower than said items; (cc) are concurrently listed for sale on a web site other than Artopium (this does not prevent linking to or advertising an Artopium item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (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.
Fees and Services.
Joining Artopium by setting up a Sellers Account is free. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by email. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the website or by email. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce 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. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. Artopium commissions & fees chart.
Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Artopium site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Artopium by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Artopium or the appropriate third party.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR 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.
Limitation of Liability:
By availing yourself of the Website, Materials or related services, you agree to release and hold Artopium.com and the employees, officers, directors, shareholders, agents, representatives of Artopium.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Artopium.com, any third-party providers or sources of information or data and legal advisers (collectively, "Artopium.com Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Artopium.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Artopium.com Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL Artopium.COM BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Artopium.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us and (as applicable) our 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.
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.
You and Artopium are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Artopium, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.