User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Artleby Inc OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for Artleby Inc (“Artleby Inc”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Artleby.biz (the "Site") and the general principles for the websites. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Artleby Inc. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as an Artleby Inc user. We may amend this Agreement at any time without notice to you. You can review the most current version of the Agreement at any time. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site. This Agreement may not be otherwise amended by you except in a writing signed by you and Artleby Inc. This Agreement is effective upon using this website.
1. Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Artleby Inc members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Artleby Inc account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services
Browsing items at Artleby Inc is free. For artist/and galleries and arts organizations the Fees and Services are available on the site and are incorporated into this Agreement by reference. Such Fees and Services will be due and processed upon execution of this User Agreement and Privacy Policy. We may change our Fees and Services Policy and the fees for our services from time to time. Our changes to the policy are effective immediately after posting the changes on the Site. Further, we may choose to temporarily change our Fees and Services Policy and the fees for our services for new members during promotional events (for example, free membership month) and such changes are effective when we post the temporary promotional event on the Site. . You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
3. Artleby Inc is a Venue

3.1 Artleby Inc is not a seller
Although we are commonly referred to as an online art-sales website, it is important to realize that we are not a traditional "seller." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy art, at anytime. We facilitate the connection between buyer and seller but are are not involved in the actual transaction between buyers and sellers and we do not take a commission on the sale . We assume no responsibility for 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 pay for items or that a transaction will be completed. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
3.2 Identity Verification
Most users have met Paypal's^tm identification requirements when they register on the Site. However, because user verification on the Internet is difficult, Artleby Inc cannot and does not confirm each user's purported identity. It is the buyer/seller responsibility to assure themselves of identity verification. Third party escrow service or services exist that provide additional user verification.
3.3 Release
Because we are a venue, in the event that you have a dispute with one or more users, you release Artleby Inc (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3.4 Information Control
We accept, as is, the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Artleby Inc is not responsible for the acts or omissions of users on the Site.
4. Buying
As a buyer, you are dealing directly with the seller, Artleby.inc is not involved in the transaction.
5. Listing and Selling

5.1 Listing Description
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and its price. The terms of sale and final price including shipping, handling, insurance are determined directly between you and the Buyer Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
5.2 Fraud
Without limiting any other remedies, Artleby Inc may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
5.3 Manipulation
Neither you, nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
5.4 Artistic Content
Artleby.inc is the sole determinent of the standards of acceptability of works and text that are displayed on the Site. Images and text that are of the type used in adult web sites are not permitted and will be removed by Artleby.inc without notice. Artleby Inc reserves the right to unilaterally and without notice, remove images or text from the site which Artleby.inc determines or believes are or may be, offensive, obscene, pornographic, illegal or hateful. A subscription may be cancelled or refused where Artleby determines or believes that the themes are or maybe offensive, obscene, pornographic, illegal or hateful. If there is a dispute over Copyright or similar issues of a work, Artleby.inc shall remove the work from display until the dispute is settled.
5.4.Crafts and Commercial resellers: Commercial resellers of gift/craft items ARE NOT PERMITTED. Their uploads will be immediately removed and their subscription terminated without refund. We encourage the true craft artisan with works that are unique. We do not display crafts works, jewelry or other items that are similar to items that are generally available through retail stores. We reserve the right to remove such items at our discretion from the site.
6. Your Information

6.1 Definition
"Your Information" is defined as any information you provide to us or other users in the registration, listing process, or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be offensive, obscene, hateful or contain child pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than Artleby Inc's (this does not prevent linking to or advertising an Artleby Inc item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
6.3 License
We need your license agreement so we can show your work on the site. Solely to enable Artleby Inc to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Artleby Inc will only use Your Information to display Your Information and in accordance with our Privacy Policy.
6.4 Files
You should always retain original back-up files of the files you upload to Artleby. The files you upload to our server are a) subject to loss due to error, catastrophe or malfunction b) resized to optimize their appearance when viewed over the internet.
7. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Artleby Inc and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. (v) You recognize that Artleby and the Internet are complex systems and that occasionally unexpected down time or malfunction may cause inaccessabilty.(vi) You recognize that Artleby takes 'anti-theft' precautions to reduce the possibility of the downloading of full-size image files using standard means, however with the variety of operating system, browser and hardware platforms, as well as expert hackers Artleby cannot guarantee that images may not be downloaded. Artleby does not protect against the lower resolution 'Print Screen' image capture.
8. Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
9. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available at Artleby Inc.com. If you object to your Information being transferred or used in this way please do not use our services.
10. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
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 MONTHLY FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND/OR (B) $30 THE LESSER AMOUNT OF THE TWO. 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. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and listing, purchase, solicitation of offers to purchase, and sale of items.
14. No Agency
You and Artleby Inc are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices
Except as explicitly stated otherwise, any notices shall be given by email by using our contact form to the email address you provide to Artleby Inc during the registration process (in your case). IT IS THE SUBSCRIBERS RESPONSIBILITY TO ENSURE THAT THEIR EMAIL ADDRESS IS MAINTAINED ACCURATELY on the site Notice shall be deemed given 24 hours after email is sent. Alternatively a notice will be posted on a web page on the site, access will be from the home page with
16. Resolution of Disputes
In the event a dispute arises between you and Artleby Inc, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Artleby Inc agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
16.1 Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Artleby Inc may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
16.2 Court
Alternatively, any Claim must be adjudicated by a court of competent jurisdiction located in New York, NY. You and Artleby Inc agree to submit to the personal jurisdiction of the courts located within the county of Manhattan, New York, NY.
16.3 Alternative Dispute Resolution
Alternatively, Artleby Inc will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in New York, NY or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to $10,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
17. Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy and Fees and Services. Each of these policies may be changed from time to time without notice to you and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
18. General
This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New york residents. We have selected an ISP with a very high reliability factor, however we do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Artleby Inc in accordance with Section 15 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
19. Disclosures
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Artleby Inc is not affiliated with SafetySurf.com. Disputes between you and Artleby Inc regarding our services may be reported to Customer Support by emailing us using our contact form. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.