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Terms and Conditions of Use

www.ARTISTbe.com (the “Site”) is operated by Overstock Art, LLC, a Kansas Limited Liability Company (“Overstock Art”) with a principal place of business at 1401 S. Mosley St., Wichita, KS 67211 USA.

The Site is being made available to you free-of-charge and without any warranties of availability subject to these Terms and Conditions of Use (“Terms”). Overstock Art reserves the right to change or revise these Terms at any time and without notice. Changes will not apply to any orders already accepted unless required by law, however any changes to these Terms will be effective immediately upon posting to this page. As such, it is your responsibility to review this page periodically for updates to the Terms.

Using the Site after updates to these Terms and Conditions constitutes your acceptance and agreement to any changes.

Your use of the Site constitutes your acceptance and agreement to these Terms. If you do not agree to abide by these terms, do not use the Site.

Discrimination

Overstock Art does not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Privacy

Please review our Privacy Policy (www.artistbe.com/privacy-policy/), which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, the Terms and Conditions of Use shall govern.

Copyright

The Site contains various materials, such as images, descriptions, etc. (collectively "Content") which may be protected by copyright, trademarks, trade secrets, and/or other proprietary rights. All Site Content is copyrighted as a collective work under the copyright laws of the United States of America. You may not modify, delete, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part without prior written consent.

Except as provided in the preceding paragraph or as permitted by the fair use doctrine under U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without prior written consent of Overstock Art or the respective rights owner.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site through the use of framing, deep linking, or otherwise, except: (1) as expressly permitted by these Terms and Conditions; or (2) with prior written consent of Overstock Art or the prior written consent from such third party that may own the trademark or copyright of information displayed on the Site.

Notice of Intellectual Property Infringement

It is our policy to disable infringing materials. If you believe that your rights under intellectual property laws are being violated by any Content on the Site, or items advertised on the Site, please contact Overstock Art promptly so that we may investigate the situation and, if appropriate, remove the offending Content and/or advertisements. In order for us to investigate your claim of infringement, you must provide us with the following information:

  1. A description of the copyrighted work or other intellectual property that you believe is infringing;
  2. A description of where the infringing material is located or identified on the Site;
  3. Your name, address, telephone number, and e-mail address;
  4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The statement must be signed (electronically or physically) by a person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail: Copyright Agent Overstock Art, LLC. 1401 S. Mosley St. Wichita, KS 67211

By phone: (316) 631-3999

By e-mail: [email protected]

Site Access

You may not download (other than page caching) or modify the Site or any portion of it without prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of product listings, descriptions, or prices; any derivative use or adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and, any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site may not reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited in part or whole for any commercial purpose without prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent.

Electronic Communications

You consent to receive communications from us via e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically by e-mail or posting to this Site satisfy any legal requirement that such communications be in writing.

Artist Account

You are responsible for maintaining the confidentiality of the information you submit through your "Artist Account" and agree to take reasonable efforts to ensure privacy of your account and account password. You agree to accept responsibility for all activities that occur under your "Artist Account” login. Overstock Art reserves the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "Artist Account" area of the Site.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Links

Overstock Art is not responsible for the third-party content of any sites that may be linked to or from the Site or any forums associated with the Site. Links do not imply an endorsement of third-party content. These links are provided for your convenience only and you access them at your own risk.

Use By Minors

This Site is not intended for or directed to persons under the age of 18. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are at least 18 years of age and legally permitted to enter into a binding contract. If you are under 18 years of age, you warrant that you have the express permission from your parent or guardian and that any information you provide to us is accurate, and not deceptive or misleading.

Ordering Through the Site

After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation") which constitutes an offer for the purchase on your behalf. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract for a purchase through Overstock Art will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. Overstock Art will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. Overstock Art reserves the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.

Pricing and Availability of Products

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced.

We will normally verify prices as part of our order processing procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when shipping the product to you.

If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you. Overstock Art is under no obligation to provide the product to you at the incorrect price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that Overstock Art may cancel your order after you have received an Order Confirmation without penalty.

Shipping

The term “Shipping” or “Ship” includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of: (1) several different items; or, (2) a quantity of the same item; or, (3) a single item with several component parts which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “Shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of Shipping.

Risk of Loss

All items purchased from Overstock Art are made pursuant to a Shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier for delivery.

Non-U.S. Customers and Non-U.S. Pricing

Pricing of products available for purchase by customers located outside the United States may vary by country and from our prices for our U.S. customers, due to exchange rates and any additional shipping costs, taxes, duties and import tariffs which may be added to the final price of the product.

Cancellation

You may cancel an order within 7 working days, beginning on the day after you received the products and you will receive a full refund of the price paid for the products. Please note you are responsible for returning the product to us and must pay the cost of return shipping to us under this policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us.

To cancel an order, you must inform us by email. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession.

Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could, in exceptional circumstances, be longer than 30 days.

WARRANTY AND DISCLAIMER

Overstock Art engages in commercially reasonable practices and makes all reasonable efforts to ensure the quality of our products, suppliers and shippers.

THIS SITE IS PROVIDED “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. OVERSTOCK ART DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. OVERSTOCK ART DOES NOT WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE.

OVERSTOCK ART MAKES NO WARRANTIES, OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OF USE, OR OTHER POLICIES INCORPORATED BY REFERENCE. ALTHOUGH SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES SUCH AS WARRANTY OF TITLE, AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT, OVERSTOCK ART EXCLUDES ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATIONS ON LIABILITY

OVERSTOCK ART SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED VIA THE SITE, OR THAT MAY RESULT FROM MISTAKES, OMISSION, INTTERUPTION IN SERVICE, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, ACTS OF A THIRD PARTY, OR AS THE RESULT OF NEGLIGENCE BY OVERSTOCK ART.

OVERSTOCK ART IS NOT LIABLE FOR INDIRECT LOSSES RESULTING FROM ANY LOSS OR DAMAGE, WHETHER OR NOT REASONABLY FORESEABLE, INCLUDING, BUT NOT LIMITED TO: (1) LOSS OF INCOME OR REVENUE; (2) LOSS OF BUSINESS; (3) LOSS OF PROFITS OR CONTRACTS; OR, (4) LOSS OF DATA. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN IF AN AUTHORIZED AGENT OF OVERSTOCK ART HAS BEEN ADVISED OF, OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

LIABILITY FOR DIRECT LOSSES SUFFERED AS A RESULT OF A BREACH OF THESE TERMS BY OVERSTOCK ART IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT PURCHASED VIA THIS SITE.
YOU HEREBY ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILTY SET FORTH IN THESE TERMS SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Artist Responsibly

You may contact the artist for buying and selling of artwork ONLY and not for soliciting the display of art on different sites.

Site Policies and Modification

Please review our other policies, such as our Privacy Policy (http://www.artistbe.com/privacy-policy/) and others, all of which are incorporated by this reference and are posted on the Site for review. Overstock Art reserves the right to make changes to the Site, these Terms and other policies at any time.

Severability

If any provision of these policies should be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Termination of Use

Overstock Art may terminate your access or suspend your right to access any part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions of Use or is harmful to the interests of Overstock Art, other users, artists, or associates. Overstock Art reserves the right to refuse an order from any customer in our sole discretion.

Disputes

If you access the Site from within the United States or Canada, any dispute relating in any way to your use of the Site, to these Terms and Conditions of Use, to our Data Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Wichita, Kansas, USA, except that, to the extent you have in any manner violated or threatened to violate Overstock Art's intellectual property rights. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

With respect to intellectual property rights, Overstock Art may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, USA and you consent to exclusive jurisdiction and venue in such courts.

Applicable Law

If you access the Site from anywhere other than the United States or Canada, you agree that the laws of the United States of America will govern these Terms and Conditions of Use and any purchase of products by you through the Site. You also agree and consent that any dispute of any sort that might arise between you and Overstock Art or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the United States District Court, District of Kansas and the State of Kansas.

Terms and Conditions of Use, Last revised March 25, 2012.