Artybuzz.com User Agreement

Legal Agreement

All visitors and users to the Artybuzz.com website at www.Artybuzz.com enter a binding legal contract on the following terms when using this website. The agreement is between the user and Artybuzz.com, and use of the website indicates acceptance to this agreement.

Eligibility

Our services are only available to people over the age of 16 and as a result anyone under the age of 16 cannot become a member on Artybuzz.com.

Amendment to this Agreement

We reserve the right to amend this user agreement at any time. We will inform you of any changes made, and your continued use of the Artybuzz.com website will be taken as consent to any changes.

Our Service

Artybuzz.com offers services to exhibit and buy artwork online. If you upload a digital image (content), we can offer services to manufacture and distribute products with your digital images on it.

Any content uploaded by users is classed as their art, and should be their own work.

Members

A visitor can become a member on Artybuzz.com by registering a password protected account. Visitors to the website must be registered members before being allowed to upload content or purchase items.

Artybuzz.com reserves the right to refuse anyone membership to the website. Any information a member chooses to show on their profile is at their discretion. To find out how we handle your personal information please read our privacy policy.

Passwords

When creating your password you disclose that you will not divulge it to anyone else. Your password is your responsibility and any purchases made using it are your responsibility, even if they were not made by you. You are responsible for any loss caused as a result of you not acting responsibly with your password.

Putting Content on Artybuzz.com

You keep the copyright of any work uploaded onto Artybuzz.com. To make use of the services Artybuzz.com offers, you grant a royalty free licence to us to use and archive your digital images in accordance with this agreement.

When you upload content to Artybuzz.com you warrant that an represent:

- You own all the copyright to the content, and if not, you have permission to use the content by the copyright owner. You licence Artybuzz.com to use and sub-licence your content in accordance with this agreement - You and your content will not conflict with any other copyright, trade mark, patent or right of privacy - The content you add complies with the law and rules and regulations on this website. - your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; - your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; - your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

Artybuzz.com reserves the right to review and delete any work that does not comply with the above rules and regulations.

Offering Art for Sale

All members can offer their art for sale if they upload any content in accordance with the rules stated above. This involves appointing Artybuzz.com as their non exclusive agent with regards to the manufacture and distribution of products with your content printed on them. This agreement relies on the following terms:

- You appoint Artybuzz.com as your agent to market to and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products ('appointment') and we accept the appointment and will carry it out with regard to your interests. - The appointment is valid from the date of this Agency Agreement until termination in accordance with its terms. - You agree that Artybuzz.com is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.

Purchasing a Product

Any user can purchase art on Artybuzz.com using either PayPal or by credit/debit card.

The price that is paid is fixed as that at the time you ordered the item

You cannot cancel an order once it is submitted

It is the purchasers responsibility to ensure that all delivery address details are correct. Artybuzz.com cannot take responsibility for undelivered packages as a result of a user inputting an incorrect delivery address.

Paying you after your artwork is sold

Payment terms are as follows:

- You authorize Artybuzz.com to collect, hold and distribute the retail price and postage and handling fees ('sale proceeds') from customers on the terms set out in this clause 4. - You authorize Artybuzz.com to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your margin, and tax where relevant, to you. - We will either post you a check, initiate a direct bank deposit or initiate a PayPal deposit within 30 days of you requesting payment in accordance with the payment method you selected on the website. - You cannot receive payment by cheque unless you have earned over £50. - Artybuzz.com will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure Artybuzz.com has current details of your postal address and bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Artybuzz.com of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.

Cancellation of Orders

Artybuzz.com reserves the right to cancel an order if it believes it contravenes with this agreement, or with the rights of any person or company.

Artybuzz.com also reserves the right to cancel orders if they are priced incorrectly, either by error or a similar oversight.

We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.

Delivery

Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase.

Damaged Goods

If there is damage to any product supplied by Artybuzz.com which renders the product not as described or not fit for purpose, Artybuzz.com will gladly issue a replacement, or will issue part of the product to rectify the problem, e.g. a cracked photo frame, a new photo frame may be sent if nothing else like the print is damaged.

You must inform Artybuzz.com of damaged goods within 14 days of a product being received.

Please be aware Artybuzz.com is a creator-controlled publishing tool and we do not screen the content on our website. It is the customer's responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

Reporting Inappropriate Content

At Artybuzz.com we do not review content before uploading it. We therefore urge the community to report any images that are deemed inappropriate or breaches the rules of uploading as stated above. Because of this we have a reporting system where anyone can report an image to us if they feel it breaches our uploading rules.

We urge people to report any images they feel breach our rules and regulations.

Specific Warnings

You should ensure that you accessing www.Artybuzz.comArtybuzz.com does not break any laws that apply to you.

It is also your responsibility to protect yourself from any viruses and computer bugs. Artybuzz.com does not take responsibility for any damage to an interface or computer as a result of viruses caught through our website.

We also do not take responsibility for the loss of any data or information you give us either in digital images or information added to your profile.

You also acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights

All information on this website is property of Artybuzz.com, it should not be reproduced in any way shape or form.

Trade Marks

You should not use our trade mark logo without reference to what we do with regards to our activities, services or products. You must not use our trade mark as part of your own website. Promotional banners offered by us are ok to place on your websites however if you are a member.

Linked Websites

Our website contains links pointing to other websites. Artybuzz.com does not claim responsibility for any of the content on these websites and we do not claim responsibility for the practices and privacy on these websites.

Links to other sites should also not be seen as accreditation or recommendation by us.

Disclaimer

We do not represent or guarantee that the Artybuzz.com service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Artybuzz.com service or these websites will be uninterrupted.

You acknowledge that the Artybuzz.com service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members' uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

- if the breach relates to goods: - the replacement of the goods or the supply of equivalent goods; - the repair of such goods; - the payment of the cost of replacing the goods or of acquiring equivalent goods; or - the payment of the cost of having the goods repaired; and - if the breach relates to services: - the supplying of the services again; or - the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy Policy

We will respect your privacy at all times and will never give or sell your personal information to anyone. To view our privacy policy in greater detail click here.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of Access

We can terminate an account at any point if we wish to do so. This does not affect our disclaimer however.

Governing Law

This agreement is governed by the laws of the United Kingdom, by agreeing to this user agreement, you are bound by your actions in the eyes of UK law.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

If you want to cancel your account, please contact us to ask and we will delete it within 2 days for you.