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Terms Of Use:
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THE FOLLOWING DESCRIBES THE TERMS ON WHICH artExperiments.com OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the Terms of Use ("User Agreement") for the website
ArtExperiments.com provided by HariSoft, Interactive Integrators. This Terms of
Use describes the terms and conditions applicable to your use of our services.
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained
in this Terms of Use and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may become a member of ArtExperiments.com.
This Terms of Use is effective upon acceptance in registration for new
registering users, and is otherwise effective on May 1st, 2000 for all users.
1. Membership Eligibility
Our services are available only to, and may only be used by individuals who are
registered with us. Without limiting the foregoing, our services are not
available to minors (persons under the age of 18). If you are a under the age
of 18, you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify, please do not
use our Site.
2. Fees and Services
Cost of the services is a matter of 'Terms of Exhibition' and Agreement between
exhibitor and artExperiments.com. Exhibitor has access to that information in
its account.
3. We are not a seller
The Site acts as a venue to allow anyone to offer, sell, and buy just about
anything, at anytime, from anywhere, in a variety of pricing formats. We are
not involved in the actual transaction between buyers and sellers. As a result,
we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to pay for items. We cannot ensure that a
buyer or seller will actually complete a transaction.
4. Identity Verification
Because user verification on the Internet is difficult, ArtExperiments.com
cannot and does not confirm each user's purported identity. Thus, we have
established a user-initiated feedback system to help you evaluate with whom you
are dealing. We also encourage you to communicate directly with potential
trading partners through the tools available on the Site.
5. Release
Because we are a venue, in the event that you have a dispute with one or more
users, you release artExperiments.com (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from 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.
6. Information Control
We do not control the information provided by other users that is made
available through our system. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using the Site. Please note that there are also
risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and
foreign nationals. By using this Site, you agree to accept such risks and
artExperiments.com is not responsible for the acts or omissions of users on the
Site.
7. Buyer
Fill correct information for contact, payment and shipping. As a buyer, you are
obligated to complete the transaction with the seller.
8. Your Information
Your Information (or any items listed) and your activities on the Site shall
not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the
sale of counterfeit or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising); (e)
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or, if otherwise adult in nature or
harmful to minors, shall be discontinued without any prior notice (g) contain
any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or
other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information; (h) create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; and (i) link directly or
indirectly to or include descriptions of goods or services that: (aa) are
prohibited under this Agreement; (bb) are identical to other items you have up
for auction but are priced lower than your item's reserve or minimum bid
amount; (cc) are concurrently listed for sale on a web site other than
ArtExperiments.com (this does not prevent linking to or advertising an
ArtExperiments.com item from another web site); or (dd) you do not have a right
to link to or include. Furthermore, you may not list any item on the Site (or
consummate any transaction that was initiated using our service) that, by
paying to us the final value fee, could cause us to violate any applicable law,
statute, ordinance or regulation, or that violates our current Prohibited,
Questionable and Infringing Items.
10. Access and Interference
Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to ArtExperiments.com by our users or third parties.
You agree that you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our express written
permission. Additionally, you agree that you will not: (a) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (b) copy, reproduce,
modify, create derivative works from, distribute or publicly display any
content (except for Your Information) from the Site without the prior expressed
written permission of ArtExperiments.com and the appropriate third party, as
applicable; (c) interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the Site; or (d) bypass our robot
exclusion headers or other measures we may use to prevent or restrict access to
the Site.
11. Privacy
12. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE
OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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.
13. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR
LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
14. Indemnity
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees, 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 the
documents it incorporates by reference, or your violation of any law or the
rights of a third party.
15. No Agency
You and artExperiments.com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. When using particular
services on the Site, you agree that you are subject to any posted policies or
rules applicable to services you use through the Site, which may be posted from
time to time. All such posted policies or rules are hereby incorporated by
reference into this Agreement.
16. General
This Agreement shall be governed in all respects by the laws of Pune
Jurisdiction. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of the Site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof. Sections 2
(Fees and Services) with respect to fees owed for our services, 5. (Release),
10 (Access and Interference), 13 (Liability Limit), 14 (Indemnity) shall
survive any termination or expiration of this Agreement.
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