Student Membership Contract Terms of Service

1. GENERAL TERMS

Artists Up and Coming (referred to as “AU&C”) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by AU&C from time to time with a emailed notice to you. The most current version of the TOS can always be found at: http://www.artistsupandcoming.com/membership-agreement.php. By using AU&C, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.

2. GENERAL SERVICES

AU&C provides an online art selling and buying service. You understand and agree that you may receive certain communications from AU&C, such as service announcements and administrative messages, and that these communications are considered part of AU&C membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance AU&C shall be subject to the TOS. You understand and agree that AU&C provides its services as on an "AS-IS" basis and that AU&C assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to AU&C and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access AU&C.

3. ARTISTS REGISTRATION OBLIGATIONS

In consideration of your use of AU&C, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the AU&C registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AU&C has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AU&C has the right to suspend or terminate your account and refuse YOU any and all current or future use of AU&C (or any portion thereof).

4. Artists Up and Coming ( AU&C) PRIVACY POLICY

Registration Data and certain other information about you is subject to the AU&C Privacy Policy. For more information, see full AU&C privacy policy at http://www.artistsupandcoming.com/privacy-policy.php.

5. PASSWORD, MEMBER ACCOUNT AND SECURITY

You will create a password when completing the AU&C registration process. Your username will be your e-mail address . You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AU&C of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AU&C, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AU&C does not control the Content posted via AU&C and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AU&C be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via AU&C. AU&C retains the right to disapprove of any art that may be offensive or pornographic. You will be notified with an e-mail if your art is removed from website (see below for more details).

You agree NOT to use AU&C:

to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
to harm minors in any way;
to impersonate any person or entity, including, but not limited to, an AU&C employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through AU&C;
to upload, post, email, transmit or otherwise make available any Content that is prohibited by any law, rule or regulation or that you do not have the right to make available under any law , rule or regulation including any contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt AU&C or servers or networks connected to AU&C, or disobey any requirements, procedures, policies or regulations of networks connected to AU&C;
to violate intentionally or unintentionally any applicable local, state, national or international law, including any regulations having the force of law; or "stalk" or otherwise harass another.

You acknowledge that AU&C may pre-screen Content, and that AU&C and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or to remove any Content that is posted by you on AU&C. Without limiting the foregoing, AU&C and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content by third parties, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AU&C or submitted to AU&C.

You acknowledge and agree that AU&C may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AU&C, its users and the public.

You understand that the technical processing and transmission of AU&C, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SELLING ON ARTISTS UP AND COMING ( AU&C)

If you use AU&C to sell or advertise any art, it is agreed that you ("Seller") must be age 18 or older and provide AU&C with your valid mailing address. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide AU&C with a valid tracking number for each shipment you make. Shipments must be made within 1-3 days of your receipt of the order. You acknowledge and agree that the commission fee then in place for the sale of your artwork will be deducted from the total purchase amount with the remaining amount being paid to you by check via USPS mail or an electronic funds deposit on the 10th day after your shipment is delivered to the customer; provided that the customer has not returned your art.. Customers have an eight day period to make returns. If deemed necessary by AU&C, AU&C and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If after a disbursement is made to you and a transaction is reversed or charged back for any reason, you agree to promptly reimburse AU&C for the amount of the reversed transaction. You further acknowledge and agree to pay in a timely manner any and all fees.

Purchase process: When you are a member of Artists Up & Coming, you will have the exciting opportunity to digitally display your artwork for sale. Each member is allotted ten pieces (10) of artwork to showcase for sale at any given time. Artists will have responsibility for pricing, naming, and describing their own artwork. When pricing your artwork, keep in mind that artists will retain *seventy-five percent (75%) of the artwork sale price. If the price of mailing art is more than the estimated amount the extra costs will be deducted for artists profits from sale.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States. You may only be a AU&C seller if you are a resident of the United States.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON AU&C

AU&C does not claim ownership of Content you submit or make available for inclusion on AU&C. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of AU&C, you grant AU&C the following world-wide, royalty fee and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of AU&C, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on AU&C is granted to AU&C. This license exists only for as long as you elect to continue to include such Content on AU&C and will terminate at the time you remove or AU&C removes such Content from AU&C.
With respect to Content (other than photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of AU&C, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed is granted to AU&C.

"Publicly accessible" areas of AU&C are those areas that are intended by AU&C to be available to the general public.

10. RESOLUTION OF DISPUTE

If a dispute arises between you and AU&C, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to these alternatives, artists and AU&C agree to attempt to settle disagreement first though mandatory mediation. Our Disclosure of Your Information

11. PRIVACY OF YOUR INFORMATION

AU&C aims to retain the privacy of artists and will not give away any personal information student has submitted into profile. However, we may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety.

We may also share your personal information with:

members of our corporate family to help detect and prevent potentially illegal acts and provide joint services; (Our corporate affiliates will market only to users who request these services.)
service providers under contract who help with our business operations; (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards)
law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity; (In such events we will disclose name, city, state, telephone number, email address, User ID history, fraud complaints, and bidding and listing history.)
other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

12. INDEMNITY

You agree to indemnify and hold AU&C, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through AU&C, your use of AU&C, your connection to AU&C, your violation of the TOS, or your violation of any rights of another.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AU&C may establish general practices and limits concerning use of AU&C, including without limitation the maximum number of days that uploaded Content will be retained by AU&C, the maximum disk space that will be allotted on the AU&C servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access AU&C in a given period of time. You agree that AU&C has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted to us by AU&C. You acknowledge that AU&C reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AU&C reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Our current policy allows Artist to upload four pieces of uploaded art at a time, for a duration of 10 months or until they sell, whichever occurs first.

14. MODIFICATIONS TO SERVICE

AU&C reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, AU&C (or any part thereof). You agree that AU&C shall not be liable to you or to any third party for any modification, suspension or discontinuance of AU&C.

15. TERMINATION AND CANCELLATION

You agree that AU&C, in its sole discretion, may terminate your password, account (or any part thereof) or use of AU&C, and remove and discard any Content within AU&C, for any reason, including, without limitation, for lack of use or if AU&C believes you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to AU&C under any provision of this TOS may be effected without prior notice, and acknowledge and agree that AU&C may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or AU&C. Further, you agree that AU&C shall not be liable to you or any third-party for any termination of your access to AU&C. Should you wish to cancel your account, you are required to contact us. Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone. The cancellation or removal of any artwork for sale may be done through logging on to membership screen and “removing” art off of site. If you have any damaged or unavailable art listed on website as available for sale it must remove from website immediately.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through AU&C, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AU&C shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on AU&C.

17. LINKS

AU&C may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AU&C has no control over such sites and resources, you acknowledge and agree that AU&C is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AU&C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. PROPRIETARY RIGHTS OF AU&C

You acknowledge and agree that AU&C and any necessary software used in connection with AU&C ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through AU&C or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AU&C or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on AU&C or the Software, in whole or in part.

AU&C grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to AU&C. You agree not to access AU&C by any means other than through the interface that is provided by AU&C for use in accessing AU&C.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AU&C IS AT YOUR SOLE RISK. AU&C IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AU&C 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.

AU&C MAKES NO WARRANTY THAT (i) AU&C WILL MEET YOUR REQUIREMENTS, (ii) AU&C WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF AU&C WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH AU&C WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AU&C IS DONE AT YOUR OWN DISCRETION AND RISK YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM AU&C SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AU&C SHALL NOT BE LIABLE 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 (EVEN IF AU&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AU&C; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AU&C; OR (v) ANY OTHER MATTER RELATING TO AU&C.

21. NOTICE

Notices to you may be made via either email or regular mail. AU&C may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on AU&C.

22. TRADEMARK INFORMATION

AU&C, ArtistsUpandComing.com, Artists Up and Coming, and the AU&C Logo are all trademarks of Artists Up and Coming, LLC. Without prior permission from AU&C, you agree not to display or use the AU&C trademarks in any manner.

23. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide AU&C with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Notice of copyright or other intellectual property infringement can be sent to AU&C as follows:

Email: Natalie@artistsupandcoming.com
Mail:
Artist Up and coming
Attn: Copyright
588 Sutter Street #208, San Francisco, CA 94102

24. GENERAL INFORMATION

The TOS govern your use of AU&C, superseding any prior agreements between you and AU&C. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and AU&C shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and AU&C agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco. The failure of AU&C to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is 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 the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of AU&C or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to Natalie@artistsupandcoming.com.

Version 1.0 | May 11, 2007