1. ACCEPTANCE OF TERMS
Original Art Online provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Original Art Online from time to time without notice to you. The most current version of the TOS can always be found at:http://www.Original Art Online.com/terms.html. By using Original Art Online, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
Original Art Online provides an online art selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Original Art Online, such as service announcements and administrative messages, and that these communications are considered part of Original Art Online membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Original Art Online shall be subject to the TOS. You understand and agree that Original Art Online is provided "AS-IS" and that Original Art Online 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 Original Art Online 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 Original Art Online.
Please be aware that certain areas on Original Art Online may contain adult or mature content. You must be at least
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Original Art Online, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Original Art Online registration form (such information being the "Registration Data") 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 Original Art Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Original Art Online has the right to suspend or terminate your account and refuse any and all current or future use of Original Art Online (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Original Art Online registration process. 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 Original Art Online 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. To avoid being charged the annual membership fee, you are fully responsible for canceling your account before, or on the exact date and time, your free trial expires. To avoid being charged the annual membership renewal fee, you are fully responsible for canceling your account before, or on the exact date and time, your annual membership expires. You are responsible for knowing when your free trial and annual membership expires. When canceling your account, you are required to cancel your account as directed in Section 13. Original Art Online cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
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 Original Art Online, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Original Art Online does not control the Content posted via Original Art Online and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Original Art Online, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Original Art Online be liable in any way for any Content, including, but not limited to, for 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 Original Art Online.
7. SELLING ON ORIGINAL ART ONLINE
If you use Original Art Online to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older and provide Original Art Online with a valid credit card or valid U.S. bank account. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide Original Art Online with a valid tracking number for each shipment you make. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by Original Art Online, Original Art Online and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If a transaction is reversed or charged back for any reason, you agree to promptly reimburse Original Art Online for the amount of the reversed transaction. You further acknowledge and agree to pay in a timely manner any and all fees.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ORIGINAL ART ONLINE
Original Art Online does not claim ownership of Content you submit or make available for inclusion on Original Art Online.
You agree to indemnify and hold Original Art Online, 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 Original Art Online, your use of Original Art Online, your connection to Original Art Online, your violation of the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Original Art Online may establish general practices and limits concerning use of Original Art Online, including without limitation the maximum number of days that uploaded Content will be retained by Original Art Online, the maximum disk space that will be allotted on the Original Art Online servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Original Art Online in a given period of time. You agree that Original Art Online has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Original Art Online. You acknowledge that Original Art Online reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Original Art Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
Original Art Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Original Art Online (or any part thereof) with or without notice. You agree that Original Art Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of Original Art Online.
12. TERMINATION AND CANCELLATION
You agree that Original Art Online, in its sole discretion, may terminate your password, account (or any part thereof) or use of Original Art Online, and remove and discard any Content within Original Art Online, for any reason, including, without limitation, for lack of use or if Original Art Online believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Original Art Online may also in its sole discretion and at any time discontinue providing Original Art Online, or any part thereof, with or without notice. You agree that any termination of your access to Original Art Online under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Original Art Online 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 Original Art Online. Further, you agree that Original Art Online shall not be liable to you or any third-party for any termination of your access to Original Art Online. To cancel your account, you are required to use the "Cancel" page ( http://www.Original Art Online.com/cancel.html ). 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.
13. PROPRIETARY RIGHTS OF ORIGINAL ART ONLINE
You acknowledge and agree that Original Art Online and any necessary software used in connection with Original Art Online ("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 Original Art Online or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Original Art Online or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Original Art Online or the Software, in whole or in part.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Original Art Online 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 Original Art Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Original Art Online; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Original Art Online; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Original Art Online; OR (v) ANY OTHER MATTER RELATING TO Original Art Online.