FREEART, INC. TERMS OF USE AND SALE

OWNERSHIP OF THIS SITE

This Site is owned and operated by Company. The general design and any element of the Site, which includes but is not limited to: the text, images, graphics, keywords, specifications, other metadata, and foreign translations (“Content”) are owned by Company or its content suppliers and is protected by copyright, trademark, trade dress, moral rights and other US and international laws and treaties.

Unless otherwise specifically stated, the Content remains the property of Company, the Content supplier, the copyright holder, or owner of such Content. You may not reproduce, copy, create derivative works, distribute, publicly display or perform, republish, upload, post on any website, translate, transmit, modify, or commercially exploit any portion of the Artwork without the express prior written consent of Company or copyright holder. Except where specifically stated elsewhere on the Site or as otherwise provided by Company, you do not acquire any right, title, or interest in or to any Content, other than the right to retain, for personal use, the physical Artwork once received.

TRADEMARKS

You may not use the trademark or trade name of Company or any of its content suppliers without prior written permission from Company. Additionally, the look and feel of the Site, which includes all elements of the design, is the trademark, service mark, and/or trade dress of Company and may not be copied, imitated or used by you, in whole or in part, without Company’s prior written permission. Any other trademark, registered trademark, product name, company name or logo mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by manufacturer, supplier, trade name, trademark, or otherwise does not constitute or imply any type of recommendation, sponsorship, or endorsement by Company.

USE OF THIS SITE, CONTENT AND ORDERING OF ARTWORK

This site and any Content on it are intended for use by Company’s customers. You are not authorized to use the Site for any purpose other than your business with Company. By using this Site, you represent and warrant that you will comply with all applicable laws and regulations, including but not limited to, those relating to the Internet, copyright, trademark, other intellectual property law, e-mail, data, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

The Content on this Site is not intended for minors. It encompasses an assortment of time periods and of genres and may be sexual in nature, may include nudity, or may include other content that could be considered offensive to some people. You should not use this Site if such content is offensive to you in any way.
Company grants no rights and makes no warranties with regard to the use of names, likenesses, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Content or Artwork. You are solely responsible for determining whether you need additional permissions or releases in connection with any proposed use of the Content or Artwork. Artwork is intended solely for Customer’s personal use as artwork.

Company reserves the right to reject or cancel any order in its sole discretion, and your sole remedy for any such rejection or cancellation is to obtain a refund of the amount you paid for such order.

PRICING

Company endeavors to ensure the accuracy of the pricing on the Site. We do not, however, represent or warrant that the pricing is accurate or to be relied upon. If a price change was in effect for any Artwork that was not reflected on the Site, and the accurate price is higher than the price listed on our Site, then your sole remedy is to cancel your order.

PROHIBITED USE OF SITE AND CONTENT

The following uses are prohibited, therefore, you may not:

Change, remove, or alter any copyright information or other notices or metadata associated with the Content;
Copy, download, or re-transmit any or all of the Site or the Content without, or in violation of, a written license or agreement with Company;
Use any robots, data mining, or similar image and/or data gathering or extraction technology or algorithm to scrape, crawl, or monitor the Site or seek information on Site visitors or Company’s customers;
Manipulate or otherwise display the Content or the Site by using framing or similar navigational technology;
Circumvent any Site restrictions or measures that would limit access to the Site;
Use the Content or Artwork as a logo, trademark or as trade dress, or in any way that implies sponsorship, partnership, or endorsement;
Disclose, trade, or sell any password to restricted areas of the Site or allow any third party to have access to your password; and
Interfere in any manner, technological or otherwise, with the function of the Site or any services offered by Company.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Company may, in appropriate circumstances and at Company’s sole discretion, terminate, the account of any party that infringes upon the intellectual property rights of the Company or any of its Content suppliers.

If you believe that any material or Content on the Site infringes upon a copyright that you own or control, you may submit notice of such infringement in accordance with the DMCA by providing a written notification containing the following information to our designated DMCA copyright agent (see 17 U.S.C. 512(c)(3) for further details):

An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works at that site if multiple copyrighted works at a single online site are covered by a single notification.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that access to which is to be disabled or removed, and information reasonably sufficient to permit the service provider to locate the material (including the image number(s) of the material).
Information that would be considered reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that your material has been removed by mistake or misidentification, please provide Company with a written counter-notification containing the following information:

Your name, address, and telephone number.
A description of the material that was removed and the location on the Site (including the image number(s) of the material) where it previously appeared.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which the owner may be found (which includes the United States District Court for the Eastern District of Wisconsin), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.

Please take note: per Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees.

Company’s DMCA copyright agent designated to receive notification of claimed infringement:

Attention: DMCA Copyright Agent
FreeArt, Inc.
10936 N Port Washington Rd #179
Mequon, WI 53092
Tel: 800-252-1911
Fax: 262-717-0745
Email: dmca@freeart.com

CUSTOM UPLOAD

All content you post, upload, post, or otherwise transmit to the Site, including without limitation images, photographs, illustrations, graphics, animations, clipart, fonts, text, data, and any other material, collectively referred to as “Customer Submitted Content”, is subject to the following additional terms and conditions.

You represent and warrant that:
1. you own all proprietary rights, including copyright, to the Customer Submitted Content; and
2. the Customer Submitted Content:
  1. does not infringe upon or misappropriate on any third party rights, including but not limited to any copyright, trademark, common law rights, personal rights, property rights, rights or privacy or publicity or other rights of any third party;
  2. is not defamatory, obscene, offensive, libelous, pornographic, threatening, or abusive;
  3. does not exploit children;
  4. does not contain or depict discrimination of any kind, racial or social intolerance, visible violence, or hatred;
  5. does not contain nudity of any kind;
  6. does not contain or display illegal drugs or paraphernalia;
  7. does not contain sexually explicit language excessive profanity, or any type of defamatory or disparaging language;
  8. does not contain Trojan horses, viruses, worms, time bombs, malicious script or other contaminating or destructive features; and
  9. is not otherwise illegal and does not violate any applicable law.
In its sole discretion, Company may:
1. refuse to use any Customer Submitted Content, including but not limited to, processing or shipping any order;
2. remove any Customer Submitted Content if Company determines that it violates its terms; and
3. filter any Customer Submitted Content;
4. place restrictions on or terminate your account and/or use of the Site.
Company is not responsible for and will have no liability for the loss, non-removal, or removal of any Customer Submitted Content from the Site. It is your responsibility to keep the original copy of your Customer Submitted Content.

LINKS TO THIRD PARTY SITES

The linked sites are not under Company’s control and, therefore, Company is not responsible for the content of any such linked site or any link contained in a linked site, including any changes or updates to such sites, webcasting, or any other form of transmission received from any linked site. You acknowledge that Company provides the links to you only as a convenience and does not endorse the linked sites, their use, or any content on them.

INDEMNITY

You agree to defend, indemnify and hold Company and its present and future employees, officers, directors, members, content providers, the applicable copyright holders, attorneys, agents, affiliates, and successors harmless from and against any and all claims, damages, liabilities, losses, demands, costs and expenses, including but not limited to reasonable attorney's costs and fees, brought or threatened by a third party against Company related to or arising out of your use of Content, any breach of this Agreement or inaccuracy or any representation or warranty made by you, your violation of any rights of another, or any activity related to the use of your account regardless if such use was by you or any third party.

GENERAL DISCLAIMERS

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND COMPANY AND ITS CONTENT PROVIDERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, WITHOUT LIMITATION FOR LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING, OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. COMPANY MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTURE OF YOUR USE OF THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, COMPLETENESS, ADEQUACY, VALIDITY AND QUALITY OF ANY IMAGE AND INFORMATION IS WITH YOU, THE USER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. As a result, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS MEMBERS, DIRECTORS, EMPLOYEES, CONTENT SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, INTERRUPTIONS, OMISSIONS, DELETION OF EMAIL OR FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, DESTRUCTION, THEFT OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE SITE.

COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF TRADEMARKS, NAMES, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE CUSTOMER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY OR ITS CONTENT SUPPLIERS USED REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CAPTION, KEYWORDING, AND RELEASE INFORMATION OF THE CONTENT, BUT SHALL NOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION, KEYWORDING, OR RELEASE INFORMATION.

COMPANY DOES NOT REPRESENT OR WARRANT THAT DESCRIPTIONS OF THE ARTWORK OR OTHER CONTENT IS ACCURATE OR TO BE RELIED UPON. IF YOU HAVE RECEIVED ARTWORK FROM US THAT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN SUCH ARTWORK IN NEW CONDITION FOR A REPLACEMENT, REFUND, OR CREDIT.

COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE COST TO OBTAIN A REPLACEMENT, THAT MAY OCCUR AS A RESULT OF UNAVAILABILITY, LATE DELIVERY, TECHNICAL INACCURACIES, OR THE UNSUITABILITY OF THE ARTWORK.

UNAUTHORIZED USE FEE

Any use of Company or its Content supplier’s Content in a manner that is not expressly authorized by this Agreement or that is in breach of a term of this Agreement constitutes copyright infringement, which entitles Company to exercise all rights and remedies available to it under copyright laws around the world. Customer shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.

JURISDICTION DISPUTE RESOLUTION AND ATTORNEY’S FEES

This Agreement shall be interpreted under and governed by the laws of the State of Wisconsin, U.S.A., without reference to its laws relating to conflicts of law. Any dispute, controversy, or claim between the parties arising out of or related to this Agreement shall be settled by confidential arbitration by a single commercial arbitrator with at least 15 years’ experience in issues relating to the area that is the subject of the dispute (e.g. 15 years’ experience in copyright law for a copyright matter), in Waukesha, Wisconsin, in English, pursuant to the commercial rules of the American Arbitration Association then in effect, except as they may be modified in this Agreement or by mutual agreement of the parties. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in the highest court of the forum, Provincial or Federal, having jurisdiction. The parties acknowledge that the choice of law and dispute resolution constitute part of the valuable consideration and inducement for Customer entering into this Agreement. To the extent that it would otherwise apply, the parties agree to exclude the application of the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly disclaimed. In addition, Company shall have the right to initiate and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you if, in Company’s opinion, such action is necessary or desirable. If Company is caused to present claims as a result of any breach of the terms set forth herein, it shall be made whole by Customer for the related fees or costs. Any disputes by Customer about commissions owed shall be brought within one (1) year from the date of customer order. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between Company and you, Company shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.

MISCELLANEOUS

This Agreement (along with Company’s Privacy Policy, and any other relevant agreements) constitutes the entire agreement between you and Company with respect to its subject matter. No action of Company, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. No document provided by you, even if signed by Company, shall modify this Agreement; it may only be modified by a written agreement signed by a duly authorized representative of Company. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may only assign or transfer this Agreement with Company’s prior written consent.

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