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Art Publishing.Com
Terms of
Service
The following are specific guidelines
covering products, services and business agreements of "ARTPUBLISHING.COM,"
and you as a "Member" who may use "ARTPUBLISHING.COM"
services. In this agreement, the Publisher or agents are
defined as those offering the services.
1-Order Processing
We will process custom art orders
placed by customers, referred from your site to our site, or
visiting Digitograph Gallery pages in your site
linked to our site. We will contact you to review order instructions.
We reserve the right to reject orders that do not meet any requirements
that we may periodically establish. We will be responsible for
all aspects of order processing. We will prepare order forms,
process payments and handle customer service. We will track sales
made to customers who purchase Digitograf Reproduction,
referred from your site to our site, and will make available
to you reports summarizing this sales activity.
2-Referral/publishing Fees,
We will pay you a commission
for referral/publishing fees on certain art product sales to
third parties. For an art sale to be eligible to earn a referral
fee, the customer must have been referred from your site to our
site, selected art and purchased the Digital Reproduction from
our collection or your collection using our ordering system,
accepted delivery of the art work, and remitted full payment
to us.
You will earn referral/publishing fees
based on qualifying revenues according to referral fee schedules
to be established by us. "Qualifying revenues" are
revenues derived by us from our sales of qualifying products,
excluding costs for shipping, handling, gift-wrapping, taxes,
service charges, credit card processing fees and bad debt. The
current referral fee schedule is:
15% of Qualifying Revenues from the sale of each canvas art reproduction
that, on the date of order, is listed in our art collection or
30% from your art collections.
However, referral fees, artist fees, collector fees for products
other than standard production system could be different.
3-Referral/publishing Fee Payment
We will pay your fees 15 days
after our final sale. We will send you a check for the commission
fees earned on our sales of custom canvas art reproduction services
that were shipped. If a product that generated a commission fee
is returned by the customer, we will deduct the corresponding
referral fee from your account or we will send you a bill for
the commission fee.
Policies and Pricing
Customers who buy art reproductions through this Program
will be deemed to be customers of ARTPUBLISHING.COM. Accordingly,
all ARTPUBLISHING.COM rules, policies, conditions of sale
and operating procedures concerning customer orders, productions,
customer service, and canvas art sales will apply to those customers.
We may change our policies and operating procedures at any time.
Reproduction prices and availability may vary from time to time.
Because price changes may affect products that you already have
listed on your site, you may not include price information in
your art product descriptions. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product.
4-Limited License
We grant this to you based on
a nonexclusive right to use the art image, logo and text information,
trademarks and other such images for which we grant express permission,
solely for the purpose of identifying your site as a Program
participant and to assist in generating product sales. You may
not modify the graphics or text, or any other of our images,
in any way. We reserve all of our rights in the art images and
text, any other images, our trade names and trademarks,
and all other intellectual property rights. You agree to our
trademark Guidelines, as those guidelines may change from time
to time. We may revoke your license at any time by giving you
written notice.
5-Grant of Limited License to ARTPUBLISHING.COM:
Members agree that ARTPUBLISHING.COM is granted a non-exclusive,
worldwide license, with the right to reproduce, distribute, publicly
display any art images and other information you submit to the
ARTPUBLISHING.COM for the purposes of link and display
on their sites for promotion, marketing and publishing of the
art works, sales of custom canvas art reproductions and payment
of royalty fees, or sales commissions to the collector of the
original art works. You also grant to ARTPUBLISHING.COM the
right to use your name in connection with the submitted materials,
link your site to our site, create index pages for member's materials
and display their images for creating sales.
6-Relationship of Parties
You and we are independent contractors,
and nothing in this Agreement will create any legal partnership,
joint venture, agency, franchise, sales representative, or employment
relationship between the parties. You will have no authority
to make or accept any offers or representations on our behalf.
7-Changes to Service
ARTPUBLISHING.COM may change
the publishing Terms of Service at any time.
By accessing the Service after a notice of a change has been
published, you are agreeing to be bound by the change.
If you do not agree to a change, you must terminate your membership
as explained below. ARTPUBLISHING.COM may discontinue
or revise any or all other aspects of the Service at its sole
discretion and without prior notice.
8-Termination
You may terminate the Member
Agreement at any time.
Termination of the Member Agreement also terminates these Terms
of
Service. To terminate the Member Agreement, you must notify ARTPUBLISHING.COM
by sending Email to art@artpublishing.com. After receipt
of your termination notice, ARTPUBLISHING.COM will terminate
your account.
ARTPUBLISHING.COM may terminate the Member Agreement at any time
in the event of a breach of this Agreement or may also terminate
this Agreement at any time without cause, and may suspend access
to the Service with or without notice, to any User.
9-Copyright :
Members retain all rights in any images uploaded to the Digitograph
Gallery at ARTPUBLISHING.COM by members or others
authorized by members.
No copyrighted materials may be placed on the Service by anyone
without the permission of the copyright owner, or persons authorized
by the copyright owner to grant permission. You are responsible
for obtaining the necessary permission before permitting any
copyrighted material that belongs to others to be placed on the
Service. You may download the material available on the Service
for your personal, non-commercial use.
Except as may be permitted by the Copyright Law, you are responsible
for obtaining permission before reusing any copyrighted material
that is available on ARTPUBLISHING.COM. In some cases,
you may receive permission on the Service; in other cases, you
may need to obtain permission directly from the copyright owner.
Under this Agreement, you may not reproduce, distribute, publish,
transfer similar products available on ARTPUBLISHING.COM.
10-General Information:
The entire concept, content, images of ARTPUBLISHING.COM
are copyrighted by ARTPUBLISHING.COM as a collective work
under United States Copyright laws.
11-Effective Date
These Terms of Services will become effective
on the date you do business with us.
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