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Terms of Use


1. Acceptance of the Terms of Use

These Terms of Use govern your use of the Art Anywhere website (the "Site") and all services it provides its members (the "Service"). By clicking on "Accept", you acknowledge that you have read and understand these Terms of use and that they become a binding agreement ("Agreement") between you and Art Anywhere. You agree to receive all communications from Art Anywhere under this Agreement electronically on the Web site or via email. You agree to keep your current email address updated on the Site at all times and you agree that you will be deemed to have received any notices we send to your user mailbox and/or your email address. You accept these Terms of Use and any modifications made to them from time to time. For the purposes of this Agreement, artists ("Artists") are considered as those users who upload artwork for the purposes of rental or sale, and buyers or renters ("Clients") are considered as those users who use the site for the purposes of renting or buying artwork from Artists.

2. Modifications to the Terms of Use

Art Anywhere reserves the right, upon notice via email to change or terminate this Agreement. You agree that your use of the Service after notice of change to these Terms of Use means that you accept the changes; you also agree that, if you do not cancel your Art Anywhere membership within thirty (30) calendar days of such notice, you accept the changes. Please check these Terms of Use before using the Site to determine whether a change has been made. If you do not agree to any changes in the Terms of Use as they may occur, please cancel your membership by (a) emailing support@artanywhere.com; or (b) by discontinuing your use of the Site.

3. The Art Anywhere Service

Art Anywhere is a Web site that allows members, who comply with Art Anywhere's policies, to lend, sell, rent and buy artwork. Art Anywhere is not directly involved in the transaction between Artists and Clients, therefore Art Anywhere has no control over the quality, morality, safety, or legality of any aspect of the artwork listed, the truth or accuracy of the listings, the ability of Artists to lend or sell items or the ability of Clients to pay for items. Art Anywhere does not pre-screen users or the content or information they provide. Art Anywhere cannot ensure that an Artist or their Client will actually complete a transaction. Consequently, Art Anywhere does not transfer legal ownership of items from the Artist to the Client. Art Anywhere cannot guarantee the true identity, age, and nationality of a user. Art Anywhere recommends that you to communicate directly with potential transaction partners through the tools available on the Site. You agree that Art Anywhere is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Art Anywhere. You use the Art Anywhere service at your own risk. All payments, minus commission fees paid to Art Anywhere, are considered to occur directly between Clients and Artists. While Art Anywhere, at its option, may assist parties in dispute resolution, we do not take responsibility for either the cost or the outcome of such process. Delivery of artwork is not the responsibility of Art Anywhere and will depend upon the delivery or pickup method agreed upon by the Client and Artist. Our tools are designed to make it easy to arrange for pickup or delivery but Art Anywhere is not responsible for any delivery failures. Art Anywhere is not responsible for lost, stolen or damaged artwork. This is strictly governed by the rental agreement between the renter and the artist, a template of which is provided during the rental process. We recommend that both Clients and Artist read the agreement carefully and make any changes they require before the artwork is delivered.

4. Registration

Before you can begin use of the Service, you must register as a member through the Site and obtain an account ("Account"). By registering as a member through the Site, you give us permission to obtain credit information from consumer credit-reporting agencies at any time during your membership. You must be 18 years of age or older to register as a member and use the Service. Your membership will automatically renew for successive membership periods, unless you cancel your membership or your membership is otherwise terminated under these Terms of Use. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

5. Canceling Your Membership

You may cancel your membership at any time by a) contacting support@artanywhere.com or b) removing all content you have provided to the Site and suspending your use of the Web site. Canceling your membership does not affect any recurring payments already in process between Client and Artist. If you are renting art, canceling your membership with Art Anywhere does not mean you are canceling your rental. Your rental is governed by a separate agreement between you and the artist.

6. Responsibilities of Artists Using Art Anywhere

Before you can rent or sell artwork on the Web site, you will be required to provide Art Anywhere with a valid PayPal account. By signing up for the Service, you authorize Art Anywhere or its agent to deduct from any funds you receive, the applicable commission fees for rentals or sales you make, delivery fees you charge or late fees or penalties, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be deducted on the same dates you receive payment from renters or buyers. Art Anywhere reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. We may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

7. Payments From Third Parties

As an Artist using the Site, any payments you receive are considered to come directly from Clients and not from Art Anywhere. Art Anywhere only facilitates the e-commerce transactions between Clients and Artists and is not responsible for failed or cancelled payments. Art Anywhere may assist parties in collecting unpaid amounts due and/or of facilitating alternative methods of payment.

8. Disputes With Clients

Should you have a dispute with one or more Clients, or an outside party, you release Art Anywhere (and Art Anywhere's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Art Anywhere encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Art Anywhere, for the benefit of users, may try to help users resolve disputes. Art Anywhere does so in Art Anywhere's sole discretion, and Art Anywhere has no obligation to resolve disputes between users or between users and outside parties. To the extent that Art Anywhere attempts to resolve a dispute, Art Anywhere will do so in good faith based solely on Art Anywhere's policies. Art Anywhere will not make judgments regarding legal issues or claims.

9. Representations and Warranties By Artists

Artist has the full right and power to enter into and perform this Agreement and to grant Art Anywhere all rights to use the Artist Materials ("Artist Materials") as contemplated in this Agreement. a) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Art Anywhere the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials), b) the Artist Materials (and Art Anywhere's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, c) all information that Artist has provided or will provide to Art Anywhere is true and complete, d) the Artist Materials do not and will not violate any law, statute, ordinance or regulation, e) the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws, f) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Art Anywhere or any third party, and g) if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.

10. Ownership of Artistic Materials

Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to Art Anywhere under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement. As and when Artist Materials are uploaded to the Art Anywhere Site(s), Artist grants to Art Anywhere a worldwide, royalty-free, non-exclusive license to do the following things during the Term: a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ; c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in (b); and d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the Terms of Use of this Agreement. e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. f) During the Term, Art Anywhere's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the Art Anywhere Sites. g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the Art Anywhere Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to Art Anywhere in any medium or format whatsoever.

11. Name and Likeness

Artist also grants to Art Anywhere: a) a worldwide, royalty-free, non-exclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the Art Anywhere Site(s)as described hereunder, during the Term; b) Artist also agrees not to assert against Art Anywhere any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights under the laws of Canada, the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and, c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to Art Anywherea worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.

12. User Submissions

The Site may allow you and other third parties to post reviews, comments or content concerning the Service. Any opinions or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Art Anywhere, or its shareholders, directors, officers, or employees. Art Anywhere may review and delete any content, in whole or in part, that in the sole judgment of Art Anywhere violate these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Art Anywhere, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Art Anywhere will not infringe on or violate the rights of any third party. Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

13. Usage Restrictions

You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses 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) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.

14. Limitations on Use

Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Art Anywhere grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Art Anywhere. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. Disclaimers and Warranty The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Art Anywhere makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Art Anywhere assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Art Anywhere, or any conduct by users of the Site. Art Anywhere reserves the right to refuse to ship products in its sole discretion. ART ANYWHEREEXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Art Anywhere does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current. ART ANYWHERE AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS OF USE (INCLUDING GIFT CARD TERMS OF USE) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. ART ANYWHERE AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ART ANYWHERES AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ART ANYWHERE BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY ART ANYWHERE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

15. Indemnity

You agree to indemnify and hold Art Anywhere, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

16. Intellectual Property

ART ANYWHERE and ArtAnywhere are trademarks of Art Anywhere Inc. All Art Anywhere graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Art Anywhere. Any trademarks not owned by Art Anywhere that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Art Anywhere. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Art Anywhere, its licensors, or its product suppliers, and is protected Canadian and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

17. Termination

You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

18. Links and Advertising

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. ART ANYWHERE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

19. Service Tests

Art Anywhere tests aspects of its Service from time to time. Art Anywhere reserves the right to include you in such tests without notice.

20. Governing Law

These Terms of Use are governed in all respects by the laws of the Province of Quebec, Canada as such laws are applied to agreements entered into and to be performed entirely within Quebec between Quebec residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND PROVINCIAL COURTS IN QUEBEC FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY ART ANYWHERE TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT ART ANYWHERE FROM THEFT OR FRAUD. AT ART ANYWHERE'S SOLE OPTION, ART ANYWHERE MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT ART ANYWHERE FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED. Any other controversy or claim arising out of or relating to these Terms of Use, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration and Mediation Institute of Canada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Montreal, Quebec, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Quebec law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

21. Claims of Copyright Infringement

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address:

651 Notre-Dame West

Suite 550

Montréal, Québec H3C 1H9

22. Effective Date

November 2, 2009