Art Neighbor | Buy and Sell Art and Collectibles,Create Your Own Virtual Gallery, Blog About Your Interests, Post Classifieds

Terms & Conditions

Principal Art Group, LLC. (\"ArtNeighbor\" or \"we\") operates ArtNeighbor.com, a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other members relating to fine art, crafts, objects d\'art and other collectibles. The services offered by ArtNeighbor include any ArtNeighbor-branded URL (the \"ArtNeighbor Website\" or \"Website\"), the ArtNeighbor chatroom feature, the ArtNeighbor classified posting area, forums, various email services, and any other features, content, or applications offered from time to time by ArtNeighbor in connection with ArtNeighbor\'s business (collectively, the \"ArtNeighbor Services\"). The ArtNeighbor Services are hosted in the United States.

This Terms of Use Agreement (\"Agreement\") sets forth the legally binding terms for your use of the ArtNeighbor Services and your rights, obligations and restrictions regarding your use of the ArtNeighbor Services and Content posted on or through the ArtNeighbor Services. By using the ArtNeighbor Services, you agree to be bound by this Agreement, whether you are a \"Visitor\" (which means that you simply browse the ArtNeighbor Website, including through a mobile device, or otherwise use the ArtNeighbor Services without being registered) or a \"Member\" (which means that you have registered with ArtNeighbor). The term \"User\" refers to a Visitor or a Member. You are only authorized to use the ArtNeighbor Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the ArtNeighbor Website and discontinue use of the ArtNeighbor Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ArtNeighbor Services, you must read this Agreement and indicate your acceptance during the registration process.

In order to participate in certain ArtNeighbor Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ArtNeighbor. Unless otherwise provided by the additional terms and conditions applicable to the ArtNeighbor Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

ArtNeighbor may modify this Agreement from time to time and such modification shall be effective upon posting by ArtNeighbor on the ArtNeighbor Website. Your continued use of the ArtNeighbor Services after ArtNeighbor posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

ArtNeighbor reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ArtNeighbor Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ArtNeighbor expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ArtNeighbor Services if ArtNeighbor determines, in its sole discretion, that you have violated this Agreement or pose a threat to ArtNeighbor and/or its Users.

You may receive a copy of this Agreement by emailing us at: info@artneighbor.com , Subject: Terms of Use Agreement.

1. Eligibility to Use the Website.

Use of the ArtNeighbor Services and registration to be a Member for the ArtNeighbor services (\"Membership\") is void where prohibited. By using the ArtNeighbor Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the ArtNeighbor services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. The ArtNeighbor Marketplace Services (\"Marketplace Services\") are designed for experienced Buyers accustomed to buying Items based on photographs. Those Services are reserved exclusively for such individuals.

2. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ArtNeighbor Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member\'s Account Settings page. ArtNeighbor may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 6(a)(13), 19, 20, 21, 22, 23 and 25.

3. Fees.

You acknowledge that ArtNeighbor reserves the right to charge for any portion of the ArtNeighbor Services and to change its fees (if any) from time to time in its discretion. If ArtNeighbor terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ArtNeighbor immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members.

The ArtNeighbor Services are for the personal use of Members only. ArtNeighbor reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ArtNeighbor Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ArtNeighbor Website, or employing third party promotional Websites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ArtNeighbor reserves the right to take appropriate legal action for any illegal or unauthorized use of the ArtNeighbor Services.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the use of the Website and any transaction conducted on or through the Website. The agreements between the Buyer and the Seller and between the Members and ArtNeighbor shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Use of the ArtNeighbor Services beyond the scope of authorized access granted to you by ArtNeighbor immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the ArtNeighbor Services or any Content made available via the ArtNeighbor Website for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ArtNeighbor.

6. Operation of the Website.

6(a). ArtNeighbor Marketplace Services

The Website provides a marketplace for Users to purchase Items(anything for sale on the website) online (\"Marketplace Services\"). The sale is directly between the Member who is purchasing the Item (the \"Buyer\") and the Member who is selling the Item (the \"Seller\").

The role of ArtNeighbor is limited to making the ArtNeighbor Website and ArtNeighbor Services available and maintaining them. ArtNeighbor is an intermediary and not an agent for either the Buyer or the Seller for any purpose. Some Items for sale are not new, unless otherwise stated, or in perfect condition, and may require touch-up or repairs prior to use. The available information about these Items may be limited. The Marketplace Services are designed to provide Buyers access to Items as ArtNeighbor finds them. Due to the speed at which many Items sell, it is not possible for ArtNeighbor to verify any information provided by the Seller or its representative who is selling an Item. ArtNeighbor makes no representations or warranties about the fitness of any Item, the provenance or authenticity of any Item, or the veracity of any content posted relating to that Item. ArtNeighbor does not accept responsibility for any negligence, misconduct or other inappropriate or unbusinesslike behavior by a Seller in connection with any sale transaction entered into on or through the ArtNeighbor Website. ArtNeighbor does not accept responsibility for the delivery of or transfer of title to any Items purchased through the ArtNeighbor Website. Because most of the Items displayed on the ArtNeighbor Website are unique and are offered by Sellers that may have wholesale or retail opportunities for the sale of the Item apart from ArtNeighbor, all Items displayed on the ArtNeighbor Website are offered for sale strictly subject to availability.

Sellers acknowledge by using the Marketplace Services that they have the right sell a particular Item, and represent and warrant that any content they post about that Item is truthful to the best of their knowledge. ArtNeighbor reserves the right to remove any Marketplace posting if, in ArtNeighbor\'s sole discretion, the posting contains information or content that violates these Terms of Use.

Transactions proceed as follows:

6(a)(1). Buyer and Seller Registration.

In order to purchase and/or sell Items using the ArtNeighbor Services, a Member must register as a Buyer or Seller with ArtNeighbor. Such registration will include accepting the ArtNeighbor Terms of Use, agreeing to any additional terms of use required of Buyers and Sellers, and providing certain information to ArtNeighbor including, but not limited to valid credit card information. This information will be held in a highly secure database, pursuant to the ArtNeighbor Privacy Policy. If at any time a Seller\'s credit card expires or is otherwise found to be invalid, ArtNeighbor will notify the Seller via email and will disable any active Items available for sale under Seller\'s account. Upon entry of a valid credit card, the Seller\'s Items will be relisted. If at any time a Buyer\'s credit card expires or is otherwise found to be invalid, ArtNeighbor will notify the Buyer via email and will disable the Buyer\'s ability purchase and make offers on Items and will cancel the Buyer\'s pending offers.

All Buyers and Sellers must have an established PayPal account and agree that the greater of five percent (5%) of the Item Price (as defined in Section 6(a)(3)) or ten dollars ($10.00), shall be paid directly to ArtNeighbor as a commission (the \"Commission\") on each transaction.

6(a)(2) Posting an Item for Sale.

Items listed for sale must be categorized based on categories established by ArtNeighbor in its sole discretion. The Seller agrees to identify reasonably accurate categories to describe the Item for Sale. The Seller must also provide information about the potential transaction including, but not limited to, the asking price, available shipping methods, and whether use of an escrow service is available for the transaction.

6(a)(3) The Transaction.

A Seller may list one or more Items for sale by first offering the Item at either (i) a fixed price set by the Seller or (ii) a negotiated price determined by negotiation between the Buyer and Seller (collectively, the \"Item Price\"). By agreeing to an Item Price, the Buyer requests and the Seller grants a 48-hour (the \"Option Period\"), non-exclusive option (the \"Option\") to purchase the Item at the Item Price. During the Option Period, the Item shall be listed as \"sale pending\" on the Website. During the Option Period, the Buyer may exercise the Option by tendering the \"Total Purchase Price\" to Seller (\"the Confirmed Sale\"). The \"Total Purchase Price\" means (i) the Item Price, (ii) sales tax, use tax, VAT, Internet sales tax and/or any other applicable taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale, and (iii) any shipping and handling charges relating to preparing the Item for shipping , as determined by the Seller or as modified and agreed upon by the Buyer and Seller. During the Option Period and until Seller receives Buyer\'s payment of the Total Purchase Price, Seller may grant an Option to other Buyers. Buyers with previously granted Options that are still within the Option Period shall receive a right of first refusal in the event that a subsequent Buyer attempts to exercise a subsequent Option. If, at the end of the Option Period, a Buyer has not purchased the Item, the Item status shall no longer be listed as \"sale pending.\"

If, upon Buyer\'s receipt of the Item, Buyer determines that the Item is not satisfactory within 48-hours of receipt of the Item, Buyer must notify the Seller and securely ship the Item back to Seller at Buyer\'s expense. Upon Seller\'s receipt, Seller will refund the Total Purchase Price, less shipping charges and ArtNeighbor fees, which ArtNeighbor will keep as a service fee for facilitating the transaction. ArtNeighbor is not responsible for any claims relating to the sale and return of any Item and recommends that Buyers and Sellers utilize an escrow service to facilitate such transactions.

6(a)(4). Expert Review.

If the Buyer is purchasing an Item based partially or entirely on its stated provenance, designer or creator, ArtNeighbor recommends expert review of the Item prior to purchase, although ArtNeighbor accepts no responsibility for such expert\'s evaluation of the Item. If the Buyer would like an expert to review an Item prior to purchase, the Buyer should contact the Seller directly to make arrangements for such review and Buyer is solely responsible for identifying and securing the services of an appropriate expert.

6(a)(5). Failure to Pay Total Purchase Price.

Unless Seller specifically approves in writing another payment arrangement, the Buyer agrees to pay the entire balance of the Total Purchase Price for each Item at the time the Buyer exercises the Option. All transactions shall be conducted via PayPal or any other payment form deemed acceptable by ArtNeighbor, as identified in the Marketplace listing forms and purchase confirmation pages.

In the event that a Buyer partially exercises its option but fails to make complete payment of the Total Purchase Price, including, but not limited to, the unavailability of sufficient funds, the Buyer irrevocably authorizes ArtNeighbor to charge any outstanding balance for the transaction to any of Buyer\'s credit cards as listed in the PII. The Buyer also authorizes ArtNeighbor to cancel the sale in the event that the Buyer\'s balance is not collectable for any reason.

If for any reason Buyer cancels a payment made via PayPal without first receiving approval from ArtNeighbor, Buyer shall be liable for the full purchase price and any related costs. Additionally, Buyer shall be responsible for any costs associated with collecting any amount due to ArtNeighbor including legal fees and costs related to currency fluctuations.

Under any of the aforementioned payment defaults, Buyer authorizes ArtNeighbor to retain its Commission as compensation for the time and services provided. The Buyer and ArtNeighbor acknowledge and agree that damages to ArtNeighbor in the event of such default will be difficult or impossible to prove and that the amount of the Commission is reasonable compensation to ArtNeighbor for damages suffered and constitutes liquidated damages and not a penalty. The Buyer waives any claim against ArtNeighbor arising from a canceled sale. This section is subject to the specific rules of all credit card companies.

6(a)(6). Completion of Responsibility

Once an Item has been paid for, either by the Buyer or on behalf of the Buyer, the Seller must transfer the Item to the Buyer within ten (10) days, either via shipper or other method of transfer agreed upon by Seller and Buyer. When the Buyer has received the Item in good order, the transaction is completed, Seller is no longer liable for the Item, and ArtNeighbor has completed its service and earned its fee for the transaction.

6(a)(7). Transfer of Title; Risk of Loss.

Title shall transfer to the Buyer upon Buyer\'s receipt of the Item. The Seller of each Item sold on the ArtNeighbor Website has represented to ArtNeighbor that the Seller will convey title of each Item to the Buyer upon receipt by the Buyer or his/her agent of Item in good order. The Seller has represented to ArtNeighbor that the Seller is the sole owner of each Item the Seller offers for sale on the ArtNeighbor Website or that the Seller is duly authorized by the owner of the Item to sell the Item and that the Seller will transfer ownership of the Item to the Buyer free from any claims by third parties.

Risk of loss for each Item will pass to the Buyer upon conveyance of title to the Buyer.

6(a)(8). Shipping.

Shipping, crating, packaging and freight insurance are solely the Seller\'s responsibility. The crating/shipping/insurance companies designated by the Seller are the Seller\'s agents. Unless otherwise agreed to between Buyer and Seller, Seller shall pay applicable costs directly to the agents.

6(a)(9). Taxes and Import/Export Duties.

The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, \"Taxes\"). The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer\'s obligation. It is the Buyer\'s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United States or any other country.

6(a)(10). Import/Export Restrictions.

Some of the Items sold on the ArtNeighbor Website may require cultural and/or customs permits for export from the country where they are located and import into the Buyer\'s country. Items may also be subject to a right of the country from which they are exported to purchase the Items from the Buyer or Seller, sometimes called a \"right of preemption\". ArtNeighbor makes no representation, gives no warranty and shall have no liability to the Buyer or Seller relating to any requirement for, availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere. If the listing of any Item on the Website discloses that the Item requires a cultural export permit or the Buyer learns of such requirement after exercising its Option, and the Seller is unable to obtain the export permit within thirty (30) days after the later of the confirmation of the sale or disclosure of the export permit requirement, the Buyer may rescind the sale of such Item by giving written notice to ArtNeighbor within seven (7) business days after expiration of the applicable thirty (30) day period. If the sale is rescinded, the Buyer shall cause the affected Item to be returned to the Seller at Buyer\'s expense. Upon receipt of the Item, Seller shall refund the Total Purchase Price of the Item, less handling fees and any fees paid to ArtNeighbor. The benefit of this right of rescission is not assignable and belongs solely to the Buyer.

6(a)(11). As-Is Sale.

All Items displayed on the ArtNeighbor Website are sold \"as is.\" The Seller agrees that, in the event a Buyer receives an Item that is different from the Item identified in Seller\'s listing or if the Item received is a different quality than described in the listing, Seller will accept the return of the Item and refund the Total Purchase Price to the Buyer. To initiate a return, the Buyer must contact Seller and ArtNeighbor, and provide documentation to show the discrepancy. Buyer and Seller are solely responsible for negotiating the terms of any returns, including which party bears shipping costs. ArtNeighbor will, however, attempt to facilitate the return process between Buyer and Seller. ArtNeighbor makes no guarantee that a return will be possible. Members seeking additional security for a transaction are strongly encouraged to utilize an escrow services.

ArtNeighbor makes no guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, authenticity, designer or creator, exhibitions, literature, historical relevance or any other claim made regarding the Item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. ArtNeighbor makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item. Except as provided in this section, in section 6(a)(4), by applicable law, or independently contracted between the Buyer and Seller, ITEMS PURCHASED THROUGH ARTNEIGHBOR.COM ARE NOT RETURNABLE.

6(a)(12). Refusal of Transaction.

ArtNeighbor reserves the right to withdraw any Item from the Website or to amend any content on the Website at any time. ArtNeighbor may refuse service to anyone at any time in its sole discretion. ArtNeighbor will not be liable to the Buyer or any third party because it has withdrawn any Item from the Website, amended any of the content, or denied access to the Website.

6(a)(13). Indemnity.

Seller agrees to defend, indemnify on demand and keep ArtNeighbor indemnified, and hold ArtNeighbor and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys\' fees, arising in any way from its use of the ArtNeighbor Marketplace and/or disputes relating to transactions arising therefrom, including, but not limited to, the nature, authenticity, provenance or quality of the Item, shipping and handling of the Item, damage to the Item, a lost or missing Item, and any other disputes that may arise between the Buyer and the Seller.

6(b) Classifieds. The Website provides a virtual bulletin board and other Services on which Members may post Content, such as classified advertisements, for a limited time (\"Classified Services\").

Each party posting Content to the Classified Services is solely responsible for that content and compliance with these Terms of Use. ArtNeighbor does not accept responsibility for the content or for the propriety of content posted as classified advertisements and makes no representations or warranties regarding said postings. ArtNeighbor reserves the right to remove such content without warning for any reason, it its sole discretion. ArtNeighbor may refuse service to anyone at any time in its sole discretion. Users may report offensive content by clicking on the \"report this ad\" link in any classified advertisement.

ArtNeighbor reserves the right to charge a fee to post content to this and any other area of the ArtNeighbor Services. The fee is an access fee permitting Content to be posted in a designated area. All fees paid will be non-refundable in the event that Content is removed from the Classified Services for violating the Terms of Use.

6(c) Social Networking. The Website provides social networking services such as \"chat\" features and personal Member webpages (\"Social Networking Services\"). Each party posting Content to the Service is responsible for that content and compliance with these Terms of Use. ArtNeighbor does not accept responsibility for the content or for the propriety of content posted through the Social Networking Services and makes no representations or warranties regarding said postings. ArtNeighbor reserves the right to remove such content without warning for any reason, it its sole discretion.

7. Escrow

AN Escrow Insert AN may act as an escrow for items sold through the AN Marketplace. AN shall only be obligated to perform those services expressly described in the Terms and Conditions, and Selling Instructions and Buying Instructions. AN shall not be liable for any loss or damage to any sellers or buyers resulting from any error in judgment, for any action taken or omitted to be taken, or for any mistake of fact or law, unless resulting from ANï¿½s gross negligence or willful misconduct. AN shall not be liable for any action taken or omitted to be taken in reliance upon and in conformity with the advice received from counsel, accountants or other experts or advisors. AN shall be indemnified and held harmless by the seller and buyer in every transaction from and against any and all the liabilities, costs, suits and proceedings (including reasonable attorneys\' fees in connection with same) arising out of AN\'s escrow services hereunder, except if resulting from AN\'s gross negligence or willful misconduct. AN shall not be under any duty to give any escrowed funds it is holding any greater degree of care than it gives its own similar property. AN shall not be required to invest any funds held hereunder nor shall such funds earn or accrue interest. AN may act in reliance upon any instrument or signature in good faith believed to be genuine and may rely upon any notice, advice, demand, request, letter or any other document which purports to have been sent or transmitted or signed by or on behalf of a seller or buyer and AN shall have no duty to make any inquiry or investigation. AN shall have the right to apply to any court of competent jurisdiction to determine the rights of the parties in any dispute. In the event of any dispute between a seller and a buyer in any transaction, AN may resign and be discharged from acting as an escrow agent at any time by giving notice of such resignation to such seller and buyer specifying a date when such resignation shall take effect. If seller and buyer are unable to agree upon a successor escrow agent within ten (10) days after such notice, AN may deposit the escrowed funds in dispute in a court of competent jurisdiction and AN shall thereby be discharge of its escrow duties and responsibilities in connection with such disputed transaction.

8. Content Permitted.

8(a). Responsibility for User-Generated Content: You are solely responsible for the Content that you post on or through any of the ArtNeighbor Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8(b) Appropriate Content. ArtNeighbor may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ArtNeighbor violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ArtNeighbor assumes no responsibility for monitoring the ArtNeighbor Services for inappropriate Content or conduct. If at any time ArtNeighbor chooses, in its sole discretion, to monitor the ArtNeighbor Services, ArtNeighbor nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

8(c) Content Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ArtNeighbor Services. ArtNeighbor reserves the right to investigate and take appropriate legal action against anyone who, in ArtNeighbor\'s sole discretion, violates this provision, including without limitation, removing the offending Content from the ArtNeighbor Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ArtNeighbor:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or \"stalks,\" harasses, degrades, intimidates, is hateful toward an individual or group of individuals or advocates such treatment of another person or group of people;

2. contains excessive violence or offensive subject matter or contains a link to an adult Website, or exploits people in a sexual or violent manner;

3. solicits personal information from anyone under 18;

4. publicly posts information that poses or creates a privacy or security risk to any person, or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users, or includes a photograph or video of another person that you have posted without that person\'s consent;

5. constitutes or promotes information that you know is false, misleading, defamatory or libelous, or conduct that impersonates any person or entity, including, but not limited to, an ArtNeighbor employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

6. constitutes or promotes information or conduct that you know is abusive, threatening, obscene, promotes illegal activities furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;

7. constitutes or promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

8. involves the transmission of \"junk mail,\" \"chain letters,\" \"affiliate marketing,\" \"link referral codes,\" or unsolicited mass mailing, instant messaging, commercial advertising, \"spimming,\" or \"spamming;\"

9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

10. involves commercial activities and/or sales without prior written consent from ArtNeighbor, such as contests, sweepstakes, barter, advertising, or pyramid schemes, or that constitutes or contains any form of advertising or solicitation if posted in areas of the ArtNeighbor Website which are not designated for such purposes;

11. advertises any illegal service or the sale of any Items the sale of which is prohibited or restricted by any applicable law, including without limitation Items the sale of which is prohibited or regulated by California law;

12. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person including, but not limited to, posting music or other content for which the User does not have permission, or conduct which contacts anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.

13. 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 or uses automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by ArtNeighbor

14. disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users\' ability to use the Service; or posts non-local or otherwise irrelevant Content, repeatedly posts the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

15. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the ArtNeighbor Services.

9. Activity Prohibited

The following are examples of the kind of activity that is illegal or prohibited on the ArtNeighbor Website and through your use of the ArtNeighbor Services. ArtNeighbor reserves the right to investigate and take appropriate legal action against anyone who, in ArtNeighbor\'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

9(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

9(b) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ArtNeighbor Services. You may not transmit any chain letters or junk email to other Members.

9(c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ArtNeighbor Services;

9(d) attempting to gain unauthorized access to ArtNeighbor\'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ArtNeighbor Website;

9(e) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

9(f) covering or obscuring the banner advertisements on your personal profile page, or any ArtNeighbor page via HTML/CSS or any other means;

9(g) any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages or submission of postings in bulk, submission of postings at regular intervals, or the use of a flagging tool or other community moderation systems to report or remove posts without a good faith belief that the post being flagged or reported violates the Terms of Use;

9(h) interfering with, disrupting, or creating an undue burden on the ArtNeighbor Services or the networks or services connected to the ArtNeighbor Services;

9(i) impersonating or attempting to impersonate another Member, person or entity;

9(j) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

9(k) selling or otherwise transferring your profile;

9(l) using any information obtained from the ArtNeighbor Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

9(m) other than as outlined in these Terms of Use, displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ArtNeighbor Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

9(n) using the ArtNeighbor Services in a manner inconsistent with any and all applicable laws and regulations.

9(o) violating the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violating any state or local law prohibiting discrimination on the basis of these or other characteristics);

9(p) violating federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

9(q) with respect to employers that employ four or more employees, violating the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with any law, regulation, executive order, or federal, state, or local government contract.

10. Website Monitoring.

ArtNeighbor reserves the right, but accepts no obligation, to monitor any activity and content on the Website. ArtNeighbor may investigate any reported violation of applicable law, the Terms of Use and any other policy applicable to Users, Buyers and Sellers or transactions on the Website and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any Content from the Website. ArtNeighbor may also investigate the use of an account by a Buyer and take such action as ArtNeighbor deems appropriate, including but not limited to canceling any offer placed by such Buyer.

11. Member Disputes.

You are solely responsible for your interactions with other ArtNeighbor Members. ArtNeighbor reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members, whether resulting from a transaction or other social networking interaction.

12. Privacy.

Use of the ArtNeighbor Services is also governed by a Privacy Policy, which is incorporated into this Agreement by this reference. The Privacy Policy can be viewed at http://www.artneighbor.com/?L=cms.privacy.

Your use of the ArtNeighbor Website and/or the ArtNeighbor Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ArtNeighbor may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, 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 Terms of Use;

(d) respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment;

(e) protect the rights, property, or personal safety of ArtNeighbor, its users or the general public.

13. Fraud.

Users may not register accounts, post Content, list for sale or make offers on any Item under a false name, using an invalid or unauthorized credit card or using another User\'s account and/or password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the User will be denied access to the Website and the conduct may be reported to law enforcement authorities.

14. Access and Interference.

All persons accessing this Website agree that (a) they will not, by automatic device or manual process, monitor or copy ArtNeighbor\'s web pages or their content without the prior written permission of ArtNeighbor; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the ArtNeighbor infrastructure.

15. U.S. Export Controls.

Software available in connection with the ArtNeighbor Services (the \"Software\") is further subject to United States export controls. No Software may be downloaded from the ArtNeighbor Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Limitations on Services

You acknowledge that ArtNeighbor may establish limits concerning use of the ArtNeighbor Services, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that ArtNeighbor has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the ArtNeighbor Services. You acknowledge that ArtNeighbor reserves the right at any time to modify or discontinue the ArtNeighbor Services (or any part thereof) with or without notice, and that ArtNeighbor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ArtNeighbor Services.

17. Proprietary Rights in Content on ArtNeighbor.

17(a). The ArtNeighbor Services contain Content of ArtNeighbor (\"ArtNeighbor Content\"). ArtNeighbor Content is protected by copyright, trademark, patent, trade secret and other laws (\"ArtNeighbor Intellectual Property\"), and ArtNeighbor owns and retains all rights in the ArtNeighbor Intellectual Property, none of which may be reproduced without permission, except as identified in these Terms of Use. By using the ArtNeighbor Website, you agree not to challenge ArtNeighbor\'s rights to and in the Intellectual Property.

The trademarks, logos, service marks and trade names (collectively the \"Trademarks\") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ArtNeighbor and may not be used unless authorized by ArtNeighbor. All Trademarks not owned by ArtNeighbor that appear on the Website or on or through the ArtNeighbor Services, if any, are the property of their respective owners. ArtNeighbor hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ArtNeighbor Content (excluding any software code) solely for your personal use in connection with viewing the ArtNeighbor Website and using the ArtNeighbor Services.

Other than as stated in these Terms of Use, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without ArtNeighbor\'s express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Website is strictly prohibited. ArtNeighbor will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

Except with the prior written consent of ArtNeighbor, Users shall not use or reproduce information regarding Items, Sellers or other transactions available on the Website for purposes other than purchasing Items on the Website and arranging delivery, payment and shipment or otherwise transacting business as authorized by these Terms of Use. ArtNeighbor retains all copyrights in and to all photographs, illustrations, digital images and written material produced and any form of Website design and content, including the category and sub-category system and any object and materials published by ArtNeighbor. Any User registered with ArtNeighbor has permission to print in hard copy and electronically reproduce portions of the Website for the sole purposes of purchasing Items through ArtNeighbor and transacting business as permitted by these Terms of Use. No User may modify materials on or obtained from the Website or include any such materials on the user\'s own Website.

17(b). Ownership of User-Generated Content. ArtNeighbor does not claim any ownership rights in and to the Content that you post on or through the ArtNeighbor Services. After posting your Content through the ArtNeighbor Services, you continue to retain any rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (\"posting\") any Content on or through the ArtNeighbor Services, you hereby grant to ArtNeighbor a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ArtNeighbor Services, including without limitation distributing part or all of the ArtNeighbor Website in any media formats and through any media channels. This limited license does not grant ArtNeighbor the right to sell or otherwise distribute your Content outside of the ArtNeighbor Services. After you remove your Content from the Website, ArtNeighbor will cease distribution as soon as practicable, and at such time when distribution ceases, the license granted herein will terminate. You represent and warrant that: (i) you own the Content posted by you on or through the ArtNeighbor Services or otherwise have the right to grant the license set forth in this Section 10, and (ii) the posting of your Content on or through the ArtNeighbor Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ArtNeighbor Services.

17(c). Non-exclusive License. The license you grant to ArtNeighbor is non-exclusive (meaning you are free to license your Content to anyone else in addition to ArtNeighbor), fully-paid and royalty-free (meaning that ArtNeighbor is not required to pay you for the use on the ArtNeighbor Services of the Content that you post), sublicensable (so that ArtNeighbor is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ArtNeighbor Services), and worldwide (because the Internet and the ArtNeighbor Services are global in reach). By using this site, you acknowledge that ArtNeighbor will perform technical functions necessary to offer the ArtNeighbor Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ArtNeighbor Services.

17(d). Content of Others. The ArtNeighbor Services contain Content of Users and other ArtNeighbor licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ArtNeighbor Services.

18. Protecting Copyrights and Other Intellectual Property.

ArtNeighbor respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. You are responsible for complying with all federal and state laws applicable to the content available through the ArtNeighbor Services, including copyright laws. Accordingly, ArtNeighbor reserves the right to terminate the Membership of anyone who it learns is using the ArtNeighbor Services in violation of any applicable law.

18(a) Reporting Procedure. If you believe your work has been copied and posted on or through the ArtNeighbor Services in a way that constitutes copyright infringement, please send ArtNeighbor\'s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ArtNeighbor Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf; and (f) your physical or electronic signature.

18(b) Copyright Agent. ArtNeighbor\'s Copyright Agent for notification of claimed infringement can be reached as follows:

ArtNeighbor.com LLC

Mailing address:

Principal Art Group, LLC

PO Box 778

Chappaqua, NY 10514

Phone: (347) 482-1787

Attn: Copyright Agent

ArtNeighbor\'s Copyright Agent for notification of claimed infringement can also be reached electronically by emailing info@artneighbor.com

19. Disclaimers.

ArtNeighbor is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ArtNeighbor Services, whether caused by Users of the ArtNeighbor Services or by any of the equipment or programming associated with or utilized in the ArtNeighbor Services and such User Content does not necessarily reflect the opinions or policies of ArtNeighbor.

19(a) No Responsibility for User Activity or Content. ArtNeighbor is not responsible for the conduct, whether online or offline, of any User of the ArtNeighbor Services. You understand that all postings, messages, text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (\"Content\") posted on, transmitted through, or linked from the ArtNeighbor Services, are the sole responsibility of the User from whom such Content originated. You understand that by using the ArtNeighbor Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ArtNeighbor Website and Content available through the ArtNeighbor Services may contain links to other websites which are completely independent of ArtNeighbor. ArtNeighbor makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is done at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances by will ArtNeighbor be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

19(b) No Responsibility for Proper Functioning of Website or Services. ArtNeighbor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ArtNeighbor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media players due to technical problems or traffic congestion on the Internet or on any of the ArtNeighbor Services or combination thereof, including any injury or damage to Users or to any person\'s computer related to or resulting from participation or downloading materials in connection with the ArtNeighbor Services.

19(c) No Responsibility for Third Party Websites. Profiles and third party applications created and posted by Members on the ArtNeighbor Website may contain links to other Websites. ArtNeighbor is not responsible for the content, accuracy or opinions expressed on such Websites, and such Websites are not necessarily investigated, monitored or checked for accuracy or completeness by ArtNeighbor. Inclusion of any linked Website on the ArtNeighbor Services does not imply approval or endorsement of the linked Website by ArtNeighbor. When you access these third party Websites, you do so at your own risk. ArtNeighbor takes no responsibility for third party advertisements or third party applications that are posted on or through the ArtNeighbor Services, nor does it take any responsibility for the goods or services provided by its advertisers, if any.

19(d) AS-IS Basis. The ArtNeighbor Services are provided \"AS-IS\" and as available and ArtNeighbor expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ArtNeighbor cannot guarantee and does not promise any specific results from use of the ArtNeighbor Services.

20. Release and Limitation on Liability.

To the maximum extent permitted by law, Users release ArtNeighbor from all claims, demands, liabilities, actions, losses and damages of any kind related to or arising out of or in connection with the Website, the inability to use the Website, any Item offered for sale or sold through the Website or any other goods or services purchased or obtained or transactions entered into through the Website. If the User is a California resident, the User waives California Civil Code ? 1542, which says: \"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.\"

IN NO EVENT SHALL ARTNEIGHBOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE AND LOST PROFIT OR DAMAGES ARISING FROM YOUR USE OF THE ARTNEIGHBOR SERVICES, EVEN IF ARTNEIGHBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTNEIGHBOR\'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTNEIGHBOR FOR THE ARTNEIGHBOR SERVICES DURING THE TERM OF MEMBERSHIP.

21. Indemnity.

You agree to defend, indemnify on demand and keep ArtNeighbor indemnified, and hold ArtNeighbor and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys\' fees, arising in any way from your use of the Website or the ArtNeighbor Services, your placement or transmission of any message, content, information, software or other materials through the Website, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. ArtNeighbor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ArtNeighbor\'s defense of such claim.

22. Disputes.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

23. Governing Law and Jurisdiction.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and ArtNeighbor agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the ArtNeighbor Services.

24. Notices.

29(a) Notice to ArtNeighbor. Any notices shall be given by postal mail addressed to ArtNeighbor, P.O. Box 778, Chappaqua, N.Y. 10514, to the attention of Site Administrator.

29(b) Notice to Members. Notice to the Member shall be made via e-mail to the e-mail provided to ArtNeighbor by the Member upon registration and shall be deemed to have been given 24 hours after the e-mail was sent, unless ArtNeighbor is notified that the e-mail address is invalid, in which event ArtNeighbor may give notice by postal mail at the address provided to ArtNeighbor by the Member upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.

25. Miscellaneous.

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms of Use and will not affect the validity and enforceability of the rest of the Terms of Use. Failure of ArtNeighbor to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to ArtNeighbor under these Terms of Use or at law. The Terms of Use represent the entire agreement between the you and ArtNeighbor, and the Terms of Use supersede and replace any other agreement between the parties including, but not limited to, any previous Terms of Use as they may have applied between the Users and ArtNeighbor or the Buyer and the Seller, except where otherwise noted in these Terms of Use. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ArtNeighbor is a trademark of ArtNeighbor, Inc. This Agreement operates to the fullest extent permissible by law.

Please contact us at: info@artneighbor.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.