Studio Exhibits Terms of Use
READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY STUDIO EXHIBITS.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR AND ALL SERVICES PROVIDED BY STUDIO EXHIBITS ON THE STUDIO EXHIBITS WEBSITES THESE TERMS AND CONDITIONS WILL GOVERN YOUR USE OF THIS WEBSITE.
ACCEPT TERMS OF USE FORM TO CLICK HERE.
Modifications shall become effective immediately upon being posted at the Studio Exhibits websites. Your continued use of the Studio Exhibits websites after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.
1. Acceptance of Terms
Access to basic member functions and use of the Studio Exhibits websites is free for all members. It is the sole discretion of Studio Exhibits to grant members access to the site, or to revoke site usage at any time, for any reason and without notice to you.
By your use of the Studio Exhibits websites you agree that Studio Exhibits is not liable to you or any third party for the termination of your account, or restriction from website usage, or any direct or consequential damages claimed to stem therefrom. Studio Exhibits retains the right to refuse service to any member and suspend any member's account at its sole discretion.
By accessing this site, using any function or service of the Studio Exhibits websites or logging in to an account you are agreeing to the terms and conditions outlined contained in these terms of service. In fairness to our paying members (sellers), members that have signed-up as buyers only, not may not use our forum or blogs to promote their own agendas. You must become a seller to do so. This action is considered as spam and will be removed.
2. Studio Exhibits is a Venue
StudioExhbiits.com is a virtual venue that allows members who comply with Studio Exhibits' policies to offer, buy and sell original art. StudioExhibits.com is not directly involved with any transaction or associated agreements between parties who engage in the buying and/or selling of art on the Studio Exhibits websites (StudioExhibits .com). Studio Exhibits accepts no responsibility, nor shall be held liable for the transactions that occur as a result of members' use of the website.
Studio Exhibits and the Studio Exhibits websites are a venue to allow members who comply with Studio Exhibits ' policies to sell and buy fine art.
Studio Exhibits is not directly involved in the transaction between buyers and sellers. As a result, Studio Exhibits has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
Studio Exhibits does not uniformly pre-screen members or the content or information provided by members. Studio Exhibits cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Studio Exhibits does not transfer legal ownership of items from the seller to the buyer. Further, Studio Exhibits cannot guarantee the true identity, age, and nationality of a member. Studio Exhibits encourages you to communicate directly with potential transaction partners through the tools available on the Studio Exhibits websites. Consider using a third-party escrow service or services that provide additional member verification.
You agree that Studio Exhibits is a venue and as such is not responsible or liable for any content, for example, data, text, information, member names, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on Studio Exhibits.
You agree to use the Studio Exhibits service www.StudioExhibits.com at your own risk.
Members agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
3. Member Eligibility
YOU MUST BE 18 TO BECOME A MEMBER AT THE STUDIO EXHIBITS WEBSITES.
Age: Studio Exhibits, services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Studio Exhibits may, in its sole discretion, refuse to offer access to or use of the Studio Exhibits websites to any person or entity and change its eligibility criteria at any time.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. You must abide by Studio Exhibits ' policies as stated in the Agreement and the Painter's Showcase policy documents listed here, or policies and procedures that may be published from time to time on the Studio Exhibits websites, each of which is incorporated herein by reference and each of which may be updated by Studio Exhibits from time to time without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Studio Exhibits of any unauthorized use of your password or any breach of security. You also agree that Studio Exhibits cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Studio Exhibits without Studio Exhibits' express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Studio Exhibits you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Studio Exhibits account and Member ID 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.
Right to Refuse Service: Studio Exhibits' services are not available to temporarily or indefinitely suspended Studio Exhibits members. Studio Exhibits reserves the right, in Studio Exhibits' sole discretion, to cancel unconfirmed or inactive accounts. Studio Exhibits reserves the right to refuse service to anyone, for any reason, at any time.
4. Fees and Services
With a minimum fuss at set-up, no long-term contracts, and a mere $5.50 or $8.00 per month, artists may now find the flexibility they have long sought online. Buyer-seller relationships are direct and transparent, another plus for those tired of being charged in multiple ways at other e-commerce art venues. New members are offered 30 days to try the service free of charge. Monthly subscribtion fees are subject to change.
Each seller will be asked when signing up, to submit credit card billing information to Pay Pal. Painter’s Showcase LLC automated system will conveniently bill your account making sure your gallery/seller experience will never be interrupted unless you choose to cancel before renewal period.
Each new member will receive a 30 day free trial. Your credit card will not be billed until your trial is up. You will receive a “one time notice” letting you know that your trial is about to expire giving you the heads up to cancel if you choose. Otherwise, you will be charged monthly for the duration of your membership.
Fees and Termination: If Studio Exhibits terminates a listing or your account, if you close your account, or if the payment of your Studio Exhibits fees cannot be completed for any reason, you remain obligated to pay Studio Exhibits for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact Studio Exhibits at member@StudioExhibits .com.
As a policy, Studio Exhibits will not intentionally share or disclose information about its members.
5. Transactions, Listing, Selling and Buying Art General
Studio Exhibits does not represent art buyers or sellers, and does not charge fees or commissions from the transaction between parties. Members should be aware of the other members operating under false pretenses, and with the intent to commite fraud and/or misrepresentations. Members who engage in buying and/or selling should be aware and assue the risks of using a website for such transactions. While Studio Exhibits takes precautionary measures to ensure the identity and validity of members who sign up electronically to use the Studio Exhibits websites, we cannot and do not confirm the identity of all parties who use the Studio Exhibits.com service.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Studio Exhibits' published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Studio Exhibits shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. 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. The price stated in each item listing description must be an accurate representation of the sale. Descriptions should strive to provide the most detailed information possible to enhance satisfaction and ensure proper representation.
Shop Policies: All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Excessive Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another member's account without permission. We encourage members to employ common sense, and invite members to email Studio Exhibits to report any and all suspicious behavior or misappropriation of Studio Exhibits services. Email suspected violations to violations@StudioExhibits .com .
6. Cancellation Policy
You may cancel your Studio Exhibits membership at any time. Please note there are no refunds or credits for unused, pre-charged fees.
To be sure your cancellation occurs before your next fee, please notify us at least 72 hours in advance of your renewal date.
Email service@StudioExhibits.com . Put "CANCEL" in subject line along with your username and registered name.
All fees paid to Studio Exhibits are nonrefundable and there are no refunds or credits for partially used periods.
We may change the fees in effect, or add new fees and charges from time to time at our sole discretion, but we will give you advance notice of these changes by email.
You may cancel your verified membership to Studio Exhibits at anytime, and cancellation will be effective upon the completion of the current month's service. We do not provide refunds for partial months. We reserve the right to cancel your verified account for any reason, and you will not be refunded for the balance of the term.
Studio Exhibits will from time to time offer promotions, discounts and extended complimentary services. There is no redemption value or refunds on such offers.
If you have questions about membership or wish to cancel your membership, please email: member@StudioExhibits.com .
IMPORTANT: It is very important to add our e-mail address into your list of contacts so any notifications you receive from us will be bought to your immediate attention and you will be able to cancel before charged. We cannot be responsible for lack of cancelation notice on behalf of members.
7. Prohibited Items
Any illegal, non-art items are strictly prohibited. Any non-original artwork is strictly prohibited.
right to request removal, remove or refuse the right to post any artwork it finds objectionable for any reason.
8. Non-Art Items, Secondary Sellers, Offensive Content
Studio Exhibits is focused on allowing artists to sell directly to buyers and on art galleries to represent and sell artwork online. ART MUST BE ORIGINAL AND BE POSTED BY THE ARTIST OR WITH THE ARTIST'S CONSENT.
DO NOT ATTEMPT TO POST ARTWORK WHICH:
- is not created by the member listing or lacks artist consent
- contains non-original content
- is functional in nature
- promotes hate or defames others
- is explicitly pornographic in nature
- contains profanity or offensive language
9. Meetings
Members may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Members are solely responsible for interactions with others. Members must comply with Studio Exhibits policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meetings occurs. Addtional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Studio Exhibits is not involved with member generated groups, the groups' requirements, or the Meetings.
Studio Exhibits does not supervise or control the Meetings, member-initiated online or offline gatherings, or the interactions among and between members and other persons or companies. Members are solely responsible for interactions among with others. Members understand that Studio Exhibits does not in any way screen its members. All members agree to exercise caution and good judgment in all interactions with others, particulary if meeting offline or in person.
10. Limitation of Liability and Compensation
STUDIO EXHIBITS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PAINTER'S SHOWCASE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PAINTER'S SHOWCASE WEBSITES OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PAINTER'S SHOWCASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
11. Modifications and Interruption to Site
Studio Exhibits does not guarantee continuous, uninterrupted access to the Studio Exhibits websites, and operation of the Studio Exhibits websites may be interfered with by numerous factors outside Studio Exhibits' control.
12. Dispute Resolution
Should you have a dispute with one or more members, or an outside party, you release Studio Exhibits (and Studio Exhibits' 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. Studio Exhibits encourages members to report member-to-member disputes to your local law enforcement, postmater general, or a certified mediation or arbitration entity, as applicable.
13. Intellectual Properties:
All domains, graphics, images, photography, copy, text, video and audio, including buttons, headers, links, footers and site themes created by Studio Exhibits, and Studio Exhibits staff, or contractors of Studio Exhibits are considered part of StudioExhibits.com branding and trademarks. Any and all data aforementioned is copyrighted and may not be used without the express written permission of Studio Exhibits or its officers.
All end members recognize that StudioExhibits.com has no control over any third party who may harvest or use content from a public webste. Additional, StudioExhibits.com software allows members to post, publish and store content and information without pre-approval. Studio Exhibits monitors and screens activities, but cannot pre-screen or monitor all activity. StudioExhibits.com is in the business of software rental and relies on members to exhibit commonsense and ethical practices.
Please notify us of suspected member violations by emailing: violation@StudioExhibits.com
License:
Studio Exhibits does not claim ownership rights in your Artwork. You grant Studio Exhibits a license solely to enable to use any inforation or Artwork you supply Studio Exhibits 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 the Artwork, in any media now known or not currently known, with respect to your Artwork. You agree to all Studio Exhibits to store or re-format your Artwork on Studio Exhibits and display your Artwork on Studio Exhibits in any way as Studio Exhibits chooses. Studio Exhibits will only use personal information in accordance with Studio Exhibits' Privacy Policy with is incorporated by references as if set out in full herein. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Studio Exhibits member. Without obtaining prior permission from the other member, this personal information shall only be used for that transaction or for Studio Exhibits-related communications. Studio Exhibits has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the member, you are not licensed to add any Studio Exhibits member to your email or physical mail list. For more information, see Studio Exhibits' Privacy Policy.
Re-Posting Artwork:
By posting Artwork on Studio Exhibits, it is possible for an outside website or third party to re-post that Artwork. You agree to hold Studio Exhibits hamrless for any dispute concerning this use. We also advise that sellers only use low resolution images of their work.
14. No Warranty
STUDIO EXHIBITS, STUDIO EXHIBITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND STUDIO EXHIBITS' SUPPLIERS PROVIDE STUDIO EXHIBITS 'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. STUDIO EXHIBITS, STUDIO EXHIBITS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND STUDIO EXHIBITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PAINTER'S SHOWCASE SHALL CREATE ANY WARRANTY. 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.
15. 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.
16. Indemnity
Member agrees to indemnify and hold Painter's Showcase LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees and cost, made by any third party due to or arising out of Member's us of the Studio Exhibits websites, the violation of this Agreement, or violation of any law by Member.
17. Governing Law
Studio Exhibits is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Studio Exhibits websites or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Studio Exhibits websites you agree to do so subject to the laws of the State of California. Studio Exhibits is a California limited liability company under Painter's Showcase LLC.
18. Choice of Venue (Forum Selection Clause)
The state and federal courts located in Nevada County, California will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement or any claimed act, error or omission alleged on behalf of or against Studio Exhibits. Each person who registers on the website consents irrevocably to personal jurisdiction in such courts with the respect to any matters and waives any defense of forum non conveniens.
19. Copyright and Trademark Information
By submitting to Studio Exhibits any images of artwork "Artwork" for sale on the Studio Exhibits websites, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Artwork.
You grant to Studio Exhibits the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of Artwork for the purpose of advertising the Artwork for sale on the Studio Exhibits websites.
To the extent that you do not own all rights in and to the Artwork or that Studio Exhibits use of any of the images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Studio Exhibits harmless from any claims or demands, including attorneys' fees and costs, incurred by Studio Exhibits with respect thereto.
All images and content on the Studio Exhibits websites are either owned or licensed by Studio Exhibits and may not be reproduced or used in any manner without the express written permission of Studio Exhibits and, if appropriate, the relevant artist.
STUDIO EXHIBITS, the STUDIO EXHIBITS logo and the byline for the community for art lovers to buy, sell and share are trademarks owned by Studio Exhibits and may not be used without prior written permission of Studio Exhibits.
Notification of Claimed Copyright Infringement
If you believe that any works on the Studio Exhibits websites infringe your copyright rights, please provide Studio Exhibits' copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Studio Exhibits' Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Crider Law PC
103 Providence Mine Road, Suite 203
Nevada City, CA 95959
20. Botnets, Technical Interference
Interference or attempted interference with the proper working of the Studio Exhibits websites or any activities conducted on the Studio Exhibits websites will result in the termination of member account.
Studio Exhibits retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Studio Exhibits reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Studio Exhibits discretion.
You agree that you will not use any robot, spider, scraper or other automated means to access Studio Exhibits for any purpose whatsoever.
21. Right to Refuse Service or Cancellation/Code of Conduct
We reserve the right to cancel or refuse service at anytime if we deem your art or artists' statement to be inappropriate, unethical or deemed immoral to Studio Exhibits standards. The decision to refuse service will be left up to Studio Exhibits discretion. If you have any questions in determining our moral or ethical standards please review the Code of Conduct listed below, or feel free to contact us at anytime.
Studio Exhibits (Painter's Showcase LLC.) Code of Conduct:
Studio Exhibits members will not knowinly access, upload, download, store display, distribute or publish any information at www.StudioExhibits.com that:
• is illegal or that advocates illegal acts or facilitates unlawful activity;
• threatens or intimidates any person or suggests violence, hatred or discrimination toward other people;
• uses inappropriate and/or abusive language or conduct;
• contains inappropriate religious or political messages;
• violates or infringes the rights of any other person according to United States law
• is racially, culturally or religiously offensive;
• encourages the use of controlled substances, participation in an illegal act or uses the system to incite criminal actions;
• is of a defamatory, abusive, obscene, profane, pornographic or sexually explicit nature;
• contains personal information, references, images, or signatures of individuals without their prior informed consent;
• constitutes messages of sexual harassment or which contains inappropriate romantic overtones;
• solicits any users on behalf of any non-member business or commercial organization without appropriate authorization;
• supports bulk mail, junk mail or "spamming";
• propagates chain letters, or other e-mail debris;
• attempts to hide, disguise or misrepresent the identity of the sender.
END OF STUDIO EXHIBITS TERMS