Fine Art World Terms of Use

1. Introduction

(a) General - Fine Art World, LLC (FAW), a Colorado Corporation, offers individuals, artists, galleries, and trade buyers (Art Community) a forum, at www.FineArtWorld.com (Website), to view, discuss, buy or sell works of art or photography (Artwork). If you visit the Website, you agree to be bound by all the terms and conditions as set forth herein. If you do not agree to these terms, you may neither use nor take advantage of any of the goods or services provided by the Website.

2. Privacy Policy

(a) Privacy Policy - By visiting the Website, you agree to review and be bound by the terms and conditions of the most current Privacy Policy as listed on Website.

3. Use Of Content

(a) Personal Use - The content contained in the Website is for informational purposes only. Such content may be viewed, copied or printed for your individual and personal use only. You may not sell, replicate, transmit, distribute, assign, publish, prepare derivative works, incorporate into other websites, or any use not explicitly permitted herein, of any of the content provided by the Website without the express prior written consent of FAW.

(b) Intellectual Property - The content on the Website contains copyrighted material, trademarks, patents, trade dress, service marks, software or other proprietary properties, which for purposes of this document, shall be known collectively as Intellectual Property. All Intellectual Property contained in the Website are subject to all applicable United States and International laws and are the exclusive property of FAW, its members, or its content providers. Content that contains Intellectual Property may be viewed, copied, or printed for your personal and non-commercial use. All other uses of Intellectual Property from the website are strictly prohibited without the express prior written consent of FAW.

(c) Reporting Intellectual Property Violations - It is the policy of FAW to honor the intellectual property rights of others. If you believe your Intellectual Property rights have be violated please submit a complaint in writing to Fine Art World, 11955 Teller Street. Unit A, Broomfield, CO, 80020 or by E-mail to support@FineArtWorld.com. Please list the following in the complaint, i) your name, address, phone number, and e-mail (if any); ii) a description and exact location of the content on the Website that you feel is in violation of your Intellectual Property; iii) a statement, made under penalty of perjury that you are the owner or the authorized agent of the owner of the Intellectual Property in question and that the information included in the complaint is both true and accurate; iv) A description of why you feel this is a violation; v) court documents or document filings, if any, that support your claim; vi) electronic or written signature of you or your authorized agent. If we receive a final judgment from a court of law or if after an investigation and at our discretion we feel your Intellectual Property has been violated, we will promptly remove such content from the Website.

4. Use Of Message Services

(a) E-mail Members or Use Community Forums - Visitors must become registered Members of the Website to transmit or post messages on or through the Website. All transmissions or posting of messages to the Website before such registration is strictly prohibited.

5. Sales Of Artwork

(a) Sales Services - Visitors must become registered Members of the Website to have access to the Sales Services provided by FAW. Purchasing Artwork through the Website before such registration is strictly prohibited.

6. Changes To The Website

(a) Modification - FAW has the right at any time to edit, delete, or add, any or all of the information or content contained on the Website either temporarily or permanently without notice to you. You or any third party agrees to hold FAW harmless from any liability for such modifications to the Website.

(b) Suspension or Discontinuance - FAW has the right to suspend or discontinue the Website at any time either temporarily or permanently without notice to you. You or any third party agrees to hold FAW harmless from any liability for such suspension or discontinuance to the Website.

7. Links To Other Websites

(a) Links - The Website may contain content that includes links to advertisers, featured sponsors, or other third party websites or resources. FAW does not guarantee access or availability of these websites. FAW also does not endorse or warranty any of the content, products, services, or information listed on such sites. Any business dealings that you may participate in with these advertisers, featured sponsors or other third-parties are solely between you and such third parties and are done so at your own risk. You agree to hold FAW harmless of any damage or loss, either directly or indirectly, caused by your dealings with such third parties or use or reliance on their respective websites listed on Website.

8. Disclaimer Of Warranties & Liability

(a) NO WARRANTIES - FAW PROVIDES THE WEBSITE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT OF THE LAW, FAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISITING, USING SERVICES FROM, RELYING ON CONTENT OR INFORMATION, DOWNLOADING FROM, OR ANY OTHER PURPOSES, ON OR THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK.

(b) CONTENT - CONTENT PROVIDED ON OR THROUGH THE WEBSITE MAY CONTAIN CONTENT, INFORMATION, OPINIONS, OR RECOMMENDATIONS FROM VARIOUS MEMBERS OF THE ART COMMUNITY. FAW DOES NOT WARRANT THE ACCURACY OF ANY CONTENT OR INFORMATION NOR DOES IT ENDORSE ANY OPINIONS OR RECOMMENDATIONS, POSTED ON OR THROUGH THE WEBSITE BY ANY MEMBERS OF THE ART COMMUNITY. YOU OR ANYONE ELSE SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RELIANCE ON SUCH CONTENT, INFORMATION, OPINION, OR RECOMMENDATION ON OR THROUGH THE WEBSITE.

(c) ARTWORK - FAW OFFERS A VENUE FOR MEMBERS OF THE ART COMMUNITY TO OFFER, BUY, OR SELL THEIR ARTWORK. FAW DOES NOT PARTICIPATE IN ANY OF THE ACTUAL SALES OF ARTWORK BETWEEN MEMBERS. AS SUCH, FAW DOES NOT ENDORSE THE PURCHASE OR SALE OF ANY ARTWORK POSTED ON THE WEBSITE NOR DOES IT WARRANT THE QUALITY, AVAILABILITY, OR LEGALITY OF THE LISTED WORKS. ANY TRANSACTIONS UNDERTAKEN BETWEEN YOU OR ANYONE ELSE AND THE MEMBERS OF THE WEBSITE ARE DONE SO AT YOUR OWN RISK AND ONLY AFTER YOUR THOROUGH INVESTIGATION OF THE MEMBERS AND THEIR ARTWORK. FAW DOES NOT GUARANTEE COMPLETION OF SALE OR SHIPMENT OF ANY ARTWORK LISTED BY MEMBERS OF THE WEBSITE. YOU OR ANYONE ELSE SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY TRANSACTIONS WITH MEMBERS OF THE WEBSITE.

(d) ADVICE - FAW DOES NOT ENGAGE IN LEGAL, INVESTMENT, OR PROFESSIONAL SERVICES OR ADVICE. SEEK THE ASSISTANCE OF AN ATTORNEY OR OTHER LICENSED PROFESSIONAL IF SUCH SERVICES ARE NEEDED. FAW DOES NOT WARRANT ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU ON OR THROUGH THE WEBSITE. YOU OR ANYONE ELSE SPECIFICALLY AGREE TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RELIANCE OF ADVICE OR INFORMATION OBTAINED BY YOU ON OR THROUGH THE WEBSITE.

(e) SERVICE - FAW DOES NOT WARRANT THAT YOU OR ANYONE ELSEÕS CONNECTION TO THE WEBSITE OR OUR SERVERS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, VIRUS FREE, OR ANY SOFTWARE DEFECTS WILL BE CORRECTED. YOU OR ANYONE ELSE SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR CONNECTION TO THE WEBSITE OR OUR SERVERS.

(f) DOWNLOADS & E-MAILS - FAW DOES NOT WARRANT ANY MATERIAL OR DATA DOWNLOADED OR E-MAIL RECEIVED ON OR THROUGH THE WEBSITE OR OUR SERVERS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, VIRUS FREE, OR ANY SOFTWARE DEFECTS WILL BE CORRECTED. YOU OR ANYONE ELSE AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RECEIPT OF DOWNLOADS OR E-MAIL ON OR THROUGH THE WEBSITE OR OUR SERVERS.

(g) MEMBERS & OTHER THIRD PARTIES - FAW DOES NOT CONTROL CONTENT, PRODUCTS, INFORMATION, ARTWORK, OPINIONS, ADVICE, RECOMMENDATIONS, ACTIONS, SERVICES, OR ANY OTHER THING OFFERED OR SUPPLIED BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE. FAW TAKES NO RESPONSIBILITY OR MAKES NO WARRANTY FOR THE CONTENT, PRODUCTS, INFORMATION, ARTWORK, OPINIONS, ADVICE, RECOMMENDATIONS, ACTIONS, SERVICES, OR ANY OTHER THING OFFERED OR SUPPLIED BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE. YOU OR ANYONE ELSE SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, YOU INCUR FOR ANY UNLAWFUL, SEXUALLY EXPLICIT, ABUSIVE, HARMFUL, OBSCENE, THREATENING, OR OTHERWISE OBJECTIONABLE CONTENT, CONDUCT OR SPEECH OF ANY MEMBER, ADVERTISER, FEATURED SPONSOR, OR OTHER THIRD PARTY ON OR THROUGH THE WEBSITE. YOU OR ANYONE ELSE ALSO SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, YOU INCUR FOR VIOLATIONS OF ANY INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY OR FROM ANY OTHER CAUSES BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE.

(h) LIMITATION OF LIABILITY - FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM VISITING, USING SERVICES FROM, RELYING ON CONTENT OR INFORMATION, DOWNLOADING FROM, FOR ANY LIMITED OF LIABILITY AS LISITED IN THIS SECTION (8) OR ANY OTHER PURPOSES ON OR THROUGH THE WEBSITE , EVEN IF SUCH DAMAGES OR LOSSES WHERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, OR EVEN IF FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(I) EXCLUSIONS & LIMITATIONS - FAW WOULD NOT PROVIDE THIS WEBSITE OR ITÕS CONTENT WITHOUT THE LIMITATIONS OF LIABILITY AS SET FORTH IN THIS SECTION (8). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Legal

(a) Applicable Law - By visiting or using the Website, you agree to be subject to and by governed by the laws of the state of Colorado and any US federal laws that may apply including but not limited to federal intellectual property, export, and import laws. You also agree not to engage in any activity in conjunction with the Website that would violate any local, state, federal or international laws.

(b) Cause of Action - If a cause of action arises relating to the Website or these Terms Of Use, you agree to be subject to the personal jurisdiction of the courts of the State of Colorado, and must commence within one year from when the cause of action arose; otherwise, such cause of action is permanently barred.

(c) Disclosure - FAW reserves the right to access and disclose any information resulting from or relating to your use of the Website to satisfy any applicable law, regulation, legal process or governmental request.

(d) Enforcement - If portions of the Terms Of Use are found to be unenforceable by a court with competent jurisdiction, you agree that the such portions shall be construed as nearly as possible to the intentions of FAW. All other portions of the Terms Of Use shall remain in full force and effect. Failure by FAW to enforce any provision or right of the Terms Of Use shall not constitute a waiver of enforcement of such provision or right in the future.

(e) Indemnity - You agree to indemnify and hold FAW, its officers, directors, owners, 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 or anybody elseÕs use of the Website, the violation of these Terms of Use, violation of any law or violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

(f) Modifications & Acceptance - FAW may change or delete any portion of this Terms Of Use without any notice to you. The most current version of the Terms of Use will be posted on the Website. If you object to any portion of the Terms Of Use, you must discontinue use of the Website immediately. Continued use of the Website will be considered an acceptance of the Terms Of Use in its entirety as well as any and all subsequent changes.

(g) No Agency - Acceptance of the Terms Of Use creates no agency between you and FAW.

(h) Termination - FAW may terminate or suspend your access to all or part of the Website, without notice and for any reason, including, but not limited to, for violation of the Terms of Use, violation of any applicable law, violation of Intellectual Property, or in general harmful to our interests.

10. Communications

(a) Submissions - You may submit any comments, questions, suggestions, ideas or other communications by mail to Fine Art World, 11955 Teller Street Unit A, Broomfield, CO 80020 or E-mail to support@FineArtWorld.com. You grant to FAW a non-exclusive and royalty free right to use, disclose, modify, reproduce, license, display, or exploit in manner at FAWÕs discretion, all communications submitted to FAW.