TERMS AND CONDITIONS
Welcome to TheArtTrade.com. TheArtTrade provides a collection of online resources, including videos, a forum, and an events calendar. These terms and conditions are intended to assist keeping TheTradeTrade a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which TheArtTrade offers you access to the Services and the Website. By registering as a member of TheArtTrade, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by TheArtTrade from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
2.1 The services: TheArtTrade provides a venue to introduce members who want to interact, collaborate, trade art, based on appreciation of each others work. TheArtTrade does not take any part in the interactions or trade of items other than by providing our Website as a venue for members. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that TheArtTrade takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. TheArtTrade gives no undertakings, representations, or warranties in relation to items traded or listed on the Website, including:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
as to the accuracy or truth of listings;
that any item will meet your requirements or expectations; or
about the ability of members to complete a transaction.
2.3 Disclaimer: You expressly understand and agree that:
your use of the services is at your sole risk. 2.2, TheArtTrade disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
TheArtTrade does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
no advice or information that is obtained by you from TheArtTrade or anyone else shall create any warranty by TheArtTrade that is not expressly stated in the terms and conditions; and
responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute TheArtTrade’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TheArtTrade to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TheArtTrade’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of TheArtTrade’s forum, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to TheArtTrade, TheArtTrade may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where TheArtTrade considers it appropriate.
BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must not register as a member under multiple identities or personas (whether false or not). However, at TheArtTrade’s discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: TheArtTrade reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, TheArtTrade may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
not to permit any other person to use your user name or membership; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership
3.5 Emails and newsletters: TheArtTrade will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other TheArtTrade products and services to you. TheArtTrade may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
GENERAL RULES
4.1 General
All listings, bids or communications made through TheArtTrade shall be made in good faith.
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
You shall not list your phone number or address within the description of listings, listing comments and/or questions, in your member profile, or in the TheTradeArt message boards.
You are responsible for any actions taken through your membership.
4.2
Your obligations as a trader
Transactions must be traded in person to ensure each party receives the traded item.
The parties must meet in a public space, to ensure safety.
After the item is traded, the future interaction and collaboration is at the discretion of each party.
GENERAL PROVISIONS
6.1 System Integrity: TheArtTrade will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, TheArtTrade takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, TheArtTrade assumes no responsibility for the corruption of any data or information held by TheArtTrade.
6.2 Resolution of disputes: As TheArtTrade is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve TheArtTrade in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, TheArtTrade is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the forum you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(a), TheArtTrade has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Trade Me to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of TheArtTrade.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Intellectual Property Rights: TheArtTrade (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.10 Privacy: TheArtTrade collects personal information about you through your use of the Services and the Website, including:
your registration details; and
information relating to your use of the Website and the content you access.
You agree that TheArtTrade may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other products and services to you, and for any other use that you authorize. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of TheArtTrade.com, our users, or others. |
