user agreement

Your User Agreement

Introduction
Welcome to Artesania. By using the services on Artesania, you are agreeing to the following terms, and the general principles.
Before you may use or become a member of Artesania, you must read and accept all of the terms and conditions in and linked to this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on January 1, 2010, for current users, and upon acceptance for new users.

Using Artesania
While using Artesania, you will not:
• post content or items in an inappropriate category or areas on the sites;
• violate any laws, third party rights, or site policies.
• use our sites and services if you are not able to form legally binding contracts, are under the age of 18.
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Artesania;
• post misleading, defamatory, or libelous content regarding a posted item or another user;
• post misleading personal information;
• transfer your Artesania account or User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Artesania, or the interests or property of Artesania users;
• Copy, modify, or distribute content from posted in Artesania site.
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Artesania
Artesania is a shared community effort. We work together to keep the site working properly and keep the community safe. Please report problems, offensive content, and policy violations to us.
Artesania uses a copyright protection mechanism to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify Artesania through our copyright protection link and we suspend relevant listing until investigation is completed.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services
Joining Artesania as an artist member or otherwise is free. We do not charge fees for listing items. Fees for usage are included in the art prices.
Unless otherwise stated, all fees are quoted in Canadian Dollars.

Content
When you list content with us, you grant us a non-exclusive, worldwide, irrevocable right to exercise the copyright you have in the content, in any media available. This way we can protect your copyright.
For the convenience of sellers, we may offer catalogs of stock images and descriptions. We try to offer reliable data, but we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold us responsible for catalog for inaccuracies. You may use the catalogs only for informational purposes and only in connection with your Artesania listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.

Liability
You will not hold Artesania responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are a mediator. The site is a venue to allow artists to display, offer, and sell, just about any art form, at anytime, in a variety of pricing formats and venues. We are not involved in the actual transaction between buyers and sellers, other then accommodating for payments. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Artists’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) C$100.

Release
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Artesania and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
• bypass measures we may use to prevent or restrict access to the sites.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Artesania Privacy Policy. We view protection of users' privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a description of how we use and protect your personal information, see theArtesania Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us, 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.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, any notices shall be given by registered mail to Artesania. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Artesania during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the sites:
• Artist Criteria
This policy may be changed. Changes take effect when we post them on the site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General
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. In our sole discretion, we may assign this Agreement in accordance with the Notices section. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.