This Terms of Use and Privacy Policy (collectively, the "Agreement") was last updated on February 28, 2008.
Your use of the PhotoArtMuseum website at www.photoartmuseum.com (the "PhotoArtMuseum Site") is subject to the terms of this Agreement and any other notices that may be posted from time to time on the PhotoArtMuseum Site. This Agreement and any such notices form a legally binding agreement between you and the operators of the PhotoArtMuseum Site ("PhotoArtMuseum") in relation to your use of the PhotoArtMuseum Site. PhotoArtMuseum reserves the right, at any time, to modify, alter, or update the Agreement or notices without prior notice. Modifications shall become effective immediately upon being posted at the PhotoArtMuseum Site. Your continued use of the PhotoArtMuseum Site after amendments are posted constitutes an acknowledgement and acceptance. Except as provided in this paragraph, this Agreement may not be amended.
(a) PhotoArtMuseum provides users ("Members") with the opportunity to buy and sell photographs and artwork from and to each other. PhotoArtMuseum charges fees for using services on the PhotoArtMuseum Site, including fees for storage of digital images and commissions charged to sellers who complete transactions using the PhotoArtMuseum Site. These fees are set forth below and may be changed from time to time. Unless otherwise stated, all fees are in U.S. Dollars.
(b) Commission: 10% of transaction price plus PayPal fee
(c) Storage fees:
(a) The PhotoArtMuseum Site is provided on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PhotoArtMuseum makes no representations or warranties of any kind, express or implied, regarding the use or the results of the PhotoArtMuseum Site in terms of its correctness, accuracy, reliability, or otherwise. PhotoArtMuseum shall have no liability for any interruptions in the use of the PhotoArtMuseum Site. PhotoArtMuseum disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
(b) Specifications about and other information regarding photographs and artwork for sale on the PhotoArtMuseum Site have been provided by individual sellers and is not verified by PhotoArtMuseum. While PhotoArtMuseum attempts to ensure that the information on the PhotoArtMuseum Site is accurate, PhotoArtMuseum can make no representations or warranties as to the accuracy or reliability of any information provided on the PhotoArtMuseum Site. PhotoArtMuseum makes no warranties or representations whatsoever with regard to any product provided or offered by any Member, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHOTOARTMUSEUM, ITS OWNERS, OPERATORS, EMPLOYEES AND DIRECTORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY TRANSACTION BETWEEN YOU AND ANY MEMBER; (II) ANY CHANGES THAT PHOTOARTMUSEUM MAY MAKE TO THE PHOTOARTMUSEUM SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PHOTOARTMUSEUM SITE (OR ANY FEATURES WITHIN THE PHOTOARTMUSEUM SITE); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PHOTOARTMUSEUM SITE; (III) YOUR FAILURE TO PROVIDE PHOTOARTMUSEUM WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON PHOTOARTMUSEUM'S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT PHOTOARTMUSEUM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You will indemnify and hold PhotoArtMuseum (and its owners, operators, employees and directors), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
(a) By submitting to PhotoArtMuseum any images of photographs or artwork for sale on the PhotoArtMuseum Site ("Images"), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to PhotoArtMuseum the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. You hereby grant and agree to grant to any Member who purchases a photograph offered for sale by you on the PhotoArtMuseum Site a license to use the photograph for personal, non-commercial purposes and make one (1) hard-copy reproduction of the photograph for personal, non-commercial purposes. To the extent that you do not own all rights in and to the Images or that PhotoArtMuseum's 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 PhotoArtMuseum harmless from any claims or demands, including attorneys' fees and costs, incurred by PhotoArtMuseum with respect thereto.
(b) By purchasing a photograph from a Member via the PhotoArtMuseum Site, you acquire from the Member a license to use the photograph for personal, non-commercial purposes only and to make one (1) hard-copy reproduction of the photograph for personal, non-commercial purposes only.
(c) If you believe that any works on the PhotoArtMuseum Site infringe your copyright rights, please provide PhotoArtMuseum's copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. PhotoArtMuseum's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Douglas M. Isenberg, Esq.
The GigaLaw Firm
5 Concourse Parkway
Suite 3000
Atlanta, Georgia 30328
E-mail: disenberg@GigaLawFirm.com
(a) PhotoArtMuseum takes your privacy seriously and collects no personally identifiable information about you when you visit the PhotoArtMuseum Site unless you choose to provide that information to us. The personally identifiable information PhotoArtMuseum collects from and about you may be used to fulfill the services offered by PhotoArtMuseum and to notify you from time to time about services offered by PhotoArtMuseum. PhotoArtMuseum may disclose information about you if PhotoArtMuseum has a good-faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of PhotoArtMuseum or others.
(b) The PhotoArtMuseumSite is not directed to children under 13 years of age, and children under 13 years of age shall not use the PhotoArtMuseumSite.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and PhotoArtMuseum and governs your use of the PhotoArtMuseum Site.
(b) Choice of Law and Forum. This Agreement and the relationship between you and PhotoArtMuseum shall be governed by the laws of the State of Georgia (USA) without regard to its conflict of law provisions. You and PhotoArtMuseum agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton County, Georgia (USA).
(c) Waiver and Severability of Terms . The failure of PhotoArtMuseum to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreementis found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreementremain in full force and effect.
(d) Headings. The section titles in this Agreementare for convenience only and have no legal or contractual effect.