Please take a few minutes to read through and familiarize yourself with our Terms and Conditions.

This Agreement is a legal document which sets out your rights and obligations, and those of the ArtByUs, LLC ("ArtByUs.com", "we" or "us"), in relation to the services offered by the ArtByUs LLC through the ArtByUs.com site.

Registration at ArtByUs.com is free but by registering at ArtByUs.com, you become a member and agree to the terms of this agreement, and you re-affirm that agreement every time you use ArtByUs.com. We recommend that you print out a copy of this agreement and consult it whenever you propose to transact through ArtByUs.com.

We may amend this agreement at any time by posting the amendments on our site. This agreement takes effect July 1, 2007.

1. Membership Eligibility

Membership is only available to people who can legally form a binding contract. If you are under the age of 18 years old, you are not eligible for a membership, but can use our service under the supervision of a parent or guardian.

Various U.S. agencies have sanctions and embargoes in place that regulate or ban trade with particular countries such as Cuba, Cote d'Ivoire, Iran, Iraq, Libya, North Korea, Sudan, Liberia, Zimbabwe, Sierra Leone, the UNITA faction in Angola, Syria and Burma [Myanmar]). If you are from one of the countries that are listed in an embargo or sanctions program, you are not allowed to trade on ArtByUs.com

If you do not meet these requirements, do not use use ArtByUs.com. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. If your contact information is not up-to-date, we might suspend your account.

For the purposes of a proposed transaction, you may be asked to enter details of a credit, debit or charge card through the interface of one of our payment processing partners . In that event, you must ensure that you are fully entitled to use that card both at the time when you enter its details and when you seek to use it, and you have available sufficient funds to cover all charges incurred on it in the course of your activities on ArtByUs.com. If any of the information you enter becomes incorrect or is superseded, you must notify ArtByUs.com with the corrected information.

You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and ArtByUs.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

2. Description of Service

ArtByUs.com is not an Auctioneer. Although ArtByUs.com is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer."

ArtByUs.com provides a platform for transactions, that brings people who are interested in buying or selling merchandise over the internet together. We do not participate in the actual transaction, and 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 buy items. We do not transfer legal ownership of items from the seller to the buyer. Consequently, we cannot ensure that a buyer or seller will actually complete a transaction. You agree to deal with any persons/companies at your own risk.

ArtByUs.com has the right, but not the obligation, to monitor any activity and content associated with this site. ArtByUs.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and bids. ArtByUs.com reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

3. Fees

Registration at ArtByUs.com is free. While we generally do not charge listing or final value fees, we do have listing options that are fee based. When you use the optional listing enhancements, you will have the opportunity to review and accept the fees you will be charged for using those listing enhancements. Invoices for optional listing enhancements used are sent out on the first of the following month. Payment is due within 10 days from invoice date. You need to be able to pay the fees using PayPal or with money orders/personal checks drawn on a U.S. bank. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using ArtByUs.com. Accounts past due will be suspended without notice until all fees are paid in full. Reinstatement of your account is only possible if your account is paid in full. Proof of payment must accompany requests for reinstatement, and a $15 reinstatement fee will be charged for accounts overdue for more than 45 days.

4. Bidding and Buying

As a member, you may place a bid/fixed bid to purchase an item. Sellers are not allowed to bid on their own items. By bidding on an item, you are certifying that you have the legal right to purchase the item. Placing a bid is a binding contract with you and the seller, and the bid cannot be retracted unless the seller changes the description of the item after the bid was placed, the sellers account does not contain sufficient information to complete the transaction, or the seller does not complete their part of the transaction.

Unless a Seller specifies a "reserve price," all auction items are "without reserve," i.e., the Seller must sell the auctioned item to the highest bidder that meets or exceeds the minimum price. If a Seller sets an undisclosed "reserve price," the Seller is not obligated to sell unless the reserve price is met or exceeded. Once the auction closes, the Seller is obligated to complete the transaction.

If you have the winning bid, you will be obligated to buy the product at the bid price you submitted. Winning bidders need to respond to the sellers within 48 hours.

5. Listing and Selling

You need to be a self-representing artist, an artist representative, or a fine-art gallerist to sell on this platform. Commercial manufacturers and dealers are not eligible to sell on ArtByUs.com.

* All works must be original works of art in concept, design and execution. Reproductions of artist's own original work are acceptable, provided they are clearly marked as reproductions.

* If two or more persons collaborate to produce original work, each person must be identified in the listing.

* Works reproduced from the masters, from other artists, from advertisements or from widely circulated photographs are not considered original works of arts and are not allowed on ArtByUs.com.

* Any imports, assembly-line art, manufactured goods or work which has been produced with commercial kits, molds, patterns, plans, prefabricated forms, or other commercial methods are not allowed on ArtByUs.com.

* No hand colored reproductions will be considered "original" works; they will be considered reproductions.

* Gallerists must be able to provide proof of contract with the artist(s) they are representing

*Resale of art by private owners is not permitted on ArtByUs.com - if you do not hold a contract with the artist that created the art piece, then you may not list it on ArtByUs.com. We may require you to provide proof of contract with the artist if there is a question as to the origin of the art piece you have listed.

* Works by deceased artists are not permitted on ArtByUs.com.

Iris or Giclee prints, off-set lithographs, laser and ink-jet prints are acceptable reproducible processes for sale only when in compliance with the following restrictions:

* Only limited edition, signed, and numbered reproductions of artists artworks are allowed. Seller must define "limited edition" through their listing and must disclose their process to the buyer.

* Editions may not exceed 450.

* All mechanical reproductions must be clearly and individually labeled as "reproductions".

* All other forms of mechanical reproductions (restrike, editions exceeding 450, ...) are not allowed unless they specificly received an exemption letter from ArtByUs.com. To apply for an exemption letter, you need to send your request with detailed information about the item to support@artbyus.com. Exemption letters are only valid for one specific
item/listing.

By listing an item, you assert that you are legally entitled to pass ownership of that item. All listed items must be listed in an appropriate category. You must accurately describe each item in the listing and you are liable for any errors or omissions in the description. Any brand name or other indication of origin or manufacture which you include in the listing must be completely accurate, and not capable of misleading any member.

Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. If the country of origin of artwork does not match the location the seller provides in the listing, the seller needs to indicate the country of origin in the listing.

Links to other online auction sites are not permitted within the auction listings - you may however add links on your "seller's gallery" page as well as a url to your own website as text (not as a clickable link) within your auction description. Third party advertising (such as Google ads, banner ads, etc.) are not allowed within the auction description.

Listings not complying with this stipulation may be removed by ArtByUs staff at their discretion.

6. Prohibitions

As member, you are responsible for ensuring that the sale of your item, the listing itself, and all activity or communication (including any posting of a member rating) you make in connection with any transaction will not

(a) be false, inaccurate or misleading;

(b) be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) contain pornography in any form - tastefully depicted nudes are allowed,

(d) be fraudulent or involve the sale of counterfeit or stolen items;

(e) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);

(g) transmit or otherwise make available any material that contains software viruses, trojan horses, worms, time bombs, 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;

(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

(i) "stalk" or otherwise harass another.

7. Reservation of Rights.

ArtByUs.com reserves the right, but does not have the obligation, to immediately halt any listing or sale, prevent or restrict access to ArtByUs.com or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines of ArtByUs.com.

8. Use of Personal Data

We will gather, use and disclose personal, contact and payment data you have registered with us in accordance with our Privacy Policy. ArtByUs.com may use "cookies", or other technical means, to personalise your experience of ArtByUs.com.

9. Privacy Policy

We will not use your personal information for any other purpose or disclose it to any other person, unless you have given your consent to ArtByUs.com to do so, either during registration or at some other time. We may however, disclose this data without your consent if we are either compelled to do so by law, or in response to a valid, legally-compliant request by a law enforcement or governmental authority. We store and process your information on computers located in the United States.

10. Warranty

ArtByUs LLC provides ArtByUs.com in an 'as-is' condition, without a warranty or condition. We are not liable for any damages or lost profits resulting from or in connection with our site. Visiting our site and using our services is done at your own risk.

11. 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, and

(b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. General

This Agreement shall be governed in all respects by the laws of the State of South Carolina. You and ArtByUs LLC agree to submit to the personal jurisdiction of the courts in Anderson County, South Carolina. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. ArtByUs LLC reserves the right to temporarily or permanently shut down the service to our site with or without prior notice. ArtByUs LLC will not be liable for any damages or lost profits resulting from the loss of service. 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.

Any disputes or questions regarding the user agreement may be sent to:

ArtByUs LLC
1529 Old Roberts Church Road
Anderson, SC 29626-5733
USA

E-Mail: support@ArtByUs.com