Terms of Service
Welcome to College Art Online LLC a leading Internet art destination located at http://www.Collegeartonline.com (the "Site") where people can buy and sell original works of art (the "Art") online and participate in an online art community (the "Services"). The Services are provided by College Art Online LLC ("Collegeartonline.com" or "we") to you ("you" or "user") subject to the following terms and conditions set forth in these Terms of Service.
Acceptance of Terms.
Before you use the Services, we require that you read and accept these Terms of Service. If you visit, shop, or otherwise participate in the Services on the Site, you accept these Terms of Service. If you choose not to accept these Terms of Service, you may not access or otherwise use the Site or Services. If you have any questions regarding these Terms of Service, please contact our Customer Service department at info@Collegeartonline.com. In addition, when using particular Collegeartonline.com owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms of Service.
We may, at our sole discretion, change, modify, add or remove any portion of these Terms of Service, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site and the Services after such changes are posted will constitute your agreement to such changed Terms of Service. These Terms of Service were last revised on February 3rd, 2009.
Capacity to Contract.
The Services are available only to individuals or entities who can form legally binding contracts. Without limiting the foregoing, neither minors (persons under the age of 18) nor individuals who have been suspended from the Services may participate in the Services. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians.
In order to participate in the Services, you must register with Collegeartonline.com by filling out our registration form and providing certain information to Collegeartonline.com. When Collegeartonline.com has notified you that your registration form has been approved, you will become a "Registered User." You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Collegeartonline.com reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Collegeartonline.com always tries to the best of its ability to verify that every artist represented on the site is a college student or professor, or has attended or graduated from a two or four institution in the last 5 years. We cannot guarantee that every artist represented by Collegeartonline.com meets this criteria and therefore Collegeartonline.com is excluded from any instances where a seller has violated the Terms of Service.
Login ID, Password and Security.
During the registration process, you will select a username and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your username and password. You agree to notify Collegeartonline.com immediately of any unauthorized use of any username and password and any other breach of security regarding the Services.
Collegeartonline.com's Relationship to You.
Collegeartonline.com is not a party to any transaction relating to the Art. Collegeartonline.com is only a venue for sellers to list Art and for buyers to purchase such Art. Collegeartonline.com has no control over the sellers, buyers or any aspect of the transactions. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of any state or federal law, including without limitation, any state version of the Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
In the event that you have a dispute with one or more users, you release Collegeartonline.com (and our officers, directors, agents, subsidiaries 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."
You understand that all information, data, text, photographs, graphics, video, messages, and or other materials ('User Content'), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service. Collegeartonline.com cannot control the information provided by users which is made available through the Services. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Collegeartonline.com has no control over the quality or legality of the Art listed, the truth or accuracy of the listings or any other information provided by a user about the Art.
LISTING AND SELLING ART
Listing and Selling.
You must be a Registered User in order to list and sell Art.
In order to list your Art for sale on the Site, you agree to complete and submit to us all applicable information along with images of your Art provided such images are in an acceptable format.
Art may be listed on the site for the entire time you are a registered user. Collegeartonline.com reserves the right to remove any art deemed inappropriate by Collegeartonline.com. The seller may remove the Art from the Site at any time.
Basic Listing Obligation.
By listing Art on the Site, the seller agrees to sell the Art once a buyer has completed the check-out process.
A buyer may receive a full refund on their purchase by returning the Art to the seller within one week of receiving it.
You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the sale transaction upon completion of the check-out process.
Each seller has the option of allowing potential buyers to bid on each piece of art. If wanted, the seller must check the box for each piece of work that Allows Offers and enter in the Lowest Offer Allowed. The process of bidding on Collegeartonline.com is only in place if the seller wants it to be and then a buyer has to offer the minimum price set by the seller. If the minimum price is met, the piece of art has 1 week to remain open for additional bids. During that 1 week period, other buyers have the ability to place a higher bid on the piece of art. After 1 week, the auction will be completed and the piece will sell to the bidder with the highest price offered.
Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax.
Buyers are liable for the posted purchased price of the piece(s) of Art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax (collectively, the "Purchase Fees").
Payment for the Art may be made by credit card as specified on the Site or by a check payable to College Art Online LLC. All posted purchase prices are listed according to their value in U.S. dollars. If payment is made by check, the piece(s) of Art will not be marked as sold until the check clears and payment is received by Collegeartonline.com. If the check has not cleared within thirty (30) days, the order will be canceled.
DELIVERING THE PURCHASED ART
Shipping and Packing.
Seller shall pack the piece(s) of Art and ship them to the address specified by buyer. The piece(s) of Art should be packed so as to protect them during shipment. Collegeartonline.com shall not participate in the packing and shipping process, and in no event shall Collegeartonline.com be liable for any damages of any kind arising from the packing or shipment of any Art. Artwork must be shipped within the deadline of seven days set by College Art Online LLC. If at the end of the seven day period the artwork has not been shipped the order will be cancelled and refunded to the customer. If an order can not be delivered to the address provided by the customer and the artwork is returned to the seller the order will be treated as a return.
Freight and Transportation.
The buyer is responsible for the costs associated with all freight, shipping and other costs related to transporting the Art from the seller's location.
The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
Unless otherwise stated under "Returns" for a particular piece of Art, a buyer may return a piece of Art within seven (7) days after the date of buyer's receipt of such piece of Art (the "Return Period"). No returns will be accepted after such period. After marking the order as returned the buyer must ship it to the seller within seven (7) days, if the return is not shipped within seven days it will be canceled and the order will be paid to the seller.
Art cannot be returned if it is shipped internationally.
If a buyer elects to return a piece of Art, the buyer must mark the order as returned during the "Return Period" by notifying Collegeartonline.com. If the returned piece of Art has not been altered and is returned within the Return Period, seller shall accept the returned piece of Art and notify the buyer and Collegeartonline.com of its acceptance of the returned piece of Art. Sellers must notify Collegeartonline.com of any damage or other issues involving a returned piece of artwork within seven days of receiving the return. If no contact is made within seven days the return will be automatically refunded to the buyer. Once Collegeartonline.com receives notification of seller's acceptance of the returned piece of Art, Collegeartonline.com shall debit seller for the Purchase Fees less any insurance, packing, freight and transport fees associated with buyer's purchase. Collegeartonline.com shall reimburse buyer for the same amount within thirty (30) days of receiving verification that seller's account has been successfully debited. Collegeartonline.com shall have no obligation to reimburse buyer for any returned Art unless and until Collegeartonline.com has verified successful debiting of seller's account. Reimbursement shall be made by issuing a credit card refund if payment to Collegeartonline.com was made by credit card or by check if payment was made by check. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and Collegeartonline.com shall have no obligation to reimburse the buyer for such amounts.
FEES, COMMISSIONS AND PAYMENTS TO SELLER
Fees and Commissions.
Our seller fees and commissions are 25% of every work sold, or on each work sold by an artist. Collegeartonline.com may change its fees, payments and commissions from time to time.
Remittance of Proceeds.
Collegeartonline.com shall remit the Purchase Fees to seller, after first deducting Collegeartonline.com's posted fees and commissions, within forty-five (45) days after the later of (i) the date of shipment of the Art to the buyer and (ii) the date when Collegeartonline.com verifies receipt of the Purchase Fees from buyer. Payments will be made to seller either by electronic wire transfer or check (subject to additional fees for overnight courier).
Title to the Art does not pass to Collegeartonline.com. The seller is the retailer for sales tax purposes. The seller shall file all sales tax returns in accordance with applicable law, and each seller shall indemnify Collegeartonline.com against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's Art.
Upon registering the seller shall specify the sales tax rate for the state within which the seller must pay taxes. If a buyer purchases a piece of Art from a seller that resides in the same state, Collegeartonline.com shall charge the buyer sales tax at the rate for the state within which such buyer lives, and such sales tax charged and collected shall be passed on to the seller.
Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Services on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) 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; (viii) create liability for Collegeartonline.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.
You agree to grant Collegeartonline.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. Collegeartonline.com will use such information solely to enable it to provide the Services.
The Site and Services.
Collegeartonline.com grants you a limited license to access and make personal use of this Site. The trademarks, trade names, designs and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto ("Site Content") are the sole and exclusive property of Collegeartonline.com or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Collegeartonline.com, is strictly prohibited. Any unauthorized use terminates the permission or license granted by Collegeartonline.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Collegeartonline.com or your profile page so long as the link does not portray Collegeartonline.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, Collegeartonline.com asks you to contact them directly.
In order for Collegeartonline.com to investigate and address your complaint, please provide Collegeartonline.com with all information available. If a clear infringement of copyright, trademark, patent, publicity rights or other right comes to the attention of Collegeartonline.com, Collegeartonline.com reserves the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.
How We Handle Copyright Violations.
Upon receiving notice of a potential copyright infringement, Collegeartonline.com may immediately delete or suspend access to the infringing material. Collegeartonline.com may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If Collegeartonline.com has deleted or suspended access to materials you posted on the Site because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each Response must contain the following:
Your physical or electronic signature;
Identification of the material that was deleted or made inaccessible;
A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
Your name, address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Collegeartonline.com may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.
A copy of your Response, including your name and address, will be sent to the person who complained about your posting. Collegeartonline.com will then decide, in its sole discretion, whether to re-display the deleted materials on the Site.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COLLEGEARTONLINE.COM DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COLLEGEARTONLINE.COM MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. COLLEGEARTONLINE.COM MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLEGEARTONLINE.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. COLLEGEARTONLINE.COM EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
Limitation of Liability.
IN NO EVENT SHALL COLLEGEARTONLINE.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL COLLEGEARTONLINE.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COLLEGEARTONLINE.COM OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF COLLEGEARTONLINE.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify and hold harmless Collegeartonline.com, its officers, directors, agents, subsidiaries 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 any breach or violation by you of these Terms of Service, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AND THE ARBITRATION SHALL TAKE PLACE IN PHOENIX, ARIZONA. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.
Only Registered Users are eligible to participate in the Services.
Third Party Links.
Where Collegeartonline.com provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. Collegeartonline.com is not liable for any damages or injury arising from use of such sites.
Modification and Availability.
Collegeartonline.com may, at any time, delete, modify or supplement the content of the Site without prior notice. Collegeartonline.com reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or time of availability. Collegeartonline.com may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
You agree that Collegeartonline.com has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. Collegeartonline.com reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Access and Interference.
You agree that you will not use any automatic device or manual process to monitor or copy Collegeartonline.com's web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Collegeartonline.com's infrastructure.
Collegeartonline.com makes reasonable commercial efforts to make its Services and Site available at all times. However, Collegeartonline.com is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
These Terms of Service constitute a legally binding agreement between you and Collegeartonline.com until terminated by you or Collegeartonline.com, which Collegeartonline.com may do at any time, without notice, at Collegeartonline.com's sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.
These Terms of Service are made and shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its choice of law principles.
It is understood and agreed that, notwithstanding any other provisions of these Terms of Service, breach of the provisions of these Terms of Service by you will cause Collegeartonline.com irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available at law or in equity.
The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
These Terms of Service comprises the entire agreement between you and Collegeartonline.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service.