Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on January 8, 2013.
Acceptance of terms:
We welcome you to Contemporary Fine Art International dba, aka CFAI.co. in this document and referred to through out as “we” or “us”. As members on this site, you as the member must agree to the terms and conditions listed below. CFAI.co reserves the right to alter these terms from time to time without posting notice to you other than on the CFAI.co site itself. Please refer to our Terms of Use Agreement periodically to note any changes.
Description of Service and Eligibility:
CFAI.co provides an Internet site for members to post, display, sell or purchase artwork. We provide this for members that are legally of age to enter into contracts or for those under the age of 18, but at least 13 years of age, you may use the CFAI.co site with the supervision of a guardian who agrees to be liable for these terms. This site is for Professional Artists and not for general artwork. CFAI.co is a juried site and reserves the right to refuse membership to applicants.
CFAI.co is not responsible and holds no liability for failure of site servers and disclaims all responsibilities for interruptions that may occur in the use of the Site. CFAI.co is not responsible for the policies stated on each artist’s individual gallery site concerning returns and sales.
CFAI.co will not be liable for any damages whatsoever as well as any special, indirect or incidental damages arising out of related information contained on the site, whether said damages arise in contract, negligence, tort, in equity, at law or otherwise, even if CFAI.co has been advised for such damages.
Members agree to indemnify and hold CFAI.co, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including but not limited to attorneys’ fees or costs made by any third party due to a member’s use of the site, the violation of this agreement or violation of any law by CFAI members.
CFAI.co reserves the right to alter the site at any time without notice to member. CFAI.co shall not be liable to member if the site is discontinued beyond refunding proportionally remaining membership dues. Member acknowledges and accepts that CFAI.co does not guarantee continuous uninterrupted access to the Site and operation of the Site if it is adversely affected by factors and circumstances outside of CFAI.co’s control.
CFAI.co is not responsible or liable for the information provide by member on their individual gallery pages. While CFAI.co does make every effort to ensure the information on the site is accurate, we make no representations or warranties as to the reliability or accuracy of member’s input into their gallery. CFAI.co makes no warranty or representation of the products offered by you the member. You acknowledge that any reliance of representation is provided by you as the artist and it is posted by you.
Artists/Seller Accounts and Responsibilities:
In using this site, you as the member agrees not to upload, download, post or transmit any materials that are not legally yours to use. There will be no tolerance of unlawful, harmful, threating, or abusive, vulgar, harassing material, obscene or pornographic indecent works of any kind. All work posted must be your work. All artwork loaded by member will be reviewed on occasion by CFAI.co to ensure compliance to our rules of courtesy and law. At anytime CFAI.co reserves the right to remove intolerant artwork.
As a member, you are responsible to set up your sales and return policies within your gallery site on CFAI.co. Your return policy MUST be provided. Pricing is moderated by you as the member. CFAI.co does encourage all artists to price at current market sales value. All prices are posted in US Dollars. Shipping is set up in your site and determined by you as a member. CFAI.co does not control how you ship and what you charge. All sales are made through you and through your member Paypal account. CFAI retains 8% of the sale for the creation and maintenance our CFAI.co website. Sellers/members are responsible for handling all warranty issues or returns with customers.
As you as a new members sets up your account, you are agreeing to provide CFAI.co with current addresses, emails and contact information and to update your gallery site whenever necessary. You may not use false address or impersonate any other artist. You will create your own password after signing into your new gallery site. You as the member are responsible to maintain the confidentiality of your password and account and you are responsible for all activities that occur under your password or account. CFAI.co expects notification of any unauthorized use of your account or any breach of security to the site.
CFAI.co is not responsible or liable for tracking your sales on the CFAI.co website. This liability falls to you as the member to track your sales for each year. CFAI.co
Cancellation Policy:
You may cancel your subscription at any time. If you do cancel, you will not receive a refund of your subscription fee for the current month (but you will continue to have access to the account for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe and apply again after the original expiration date of your subscription.
Refund Policy. We will not refund any fees paid for subscription CFAI.co. At any time CFAI.co may elect, in our sole discretion, to terminate your account, you will be refunded a pro rated portion based on the time left of your membership subscription, unless you have violated one of our agreed terms above. Then there would be no refund.
Copyright and Intellectual Property Policy
CFAI respects the intellectual property rights of member. If member infringes on the copyright or imitates another artist, CFAI reserves to right to terminate the account of that member. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services. Please notify us if you feel your content has been copied in any way that constitutes copyright and/or trademark infringement providing all needed information for CFAI to investigate the notice.
Copyright © CFAI.co 2009-2013 by Contemporary Fine Art International. All text, graphics, audio, design, software, and other works are the copyrighted works of CFAI.co, dba. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Site creation by Studio412Design.com All text, graphics, audio, design, software, and other works are the copyrighted works of Nick Hempsey created for Contemporary Fine Art International 2011-2013.
Sellers are responsible handling warranty issues with Customers.
Information for Customers: Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, CFAI.co may collect fees owed using other collection mechanisms.
Information for sellers: Selling artists are free to price their products as they see fit and CFAI.co will retain a 8% commission upon sale of goods for site management and maintenance. Sellers are responsible handling warranty issues with Customers.
Governing Jurisdiction of the Courts of Colorado: The site is operated and provided in the State of Colorado. As such, we are subject to the laws of the State of Colorado, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Colorado.
Compliance with Laws: Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information: By submitting to CFAI.co any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to CFAI.co the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the images for sale on the Site and on our blogs. To the extent that you do not own all rights in and to the Images or that CFAI.co’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold CFAI.co harmless from any claims or demands, including attorneys’ fees and costs, incurred by CFAI.co with respect thereto. All images on the Site are either owned or licensed by CFAI.co and may not be reproduced or used in any manner without the express written permission of CFAI.co and, if appropriate, the relevant artist. As a paying member of CFAI you understand that any images posted on the website or blogs will be promoted and marketed by CFAI on, but not limited to, our blogs, calendars, books, and other promotional items, Visual Language magazine, promotional flyers and announcements, juried show and art challenge pages, and all social media including Facebook and Pinterest. The images will be solely used for marketing purposes and will not be used for monetary profit. It is the responsibility of the artist to post low resolution images and watermark their property to avoid copyright theft from outside parties.
Copyright © 2012 CFAI.co, LLC. All rights reserved.
All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws. CFAI.co and the CFAI.co logo are trademarks owned by CFAI.co and may not be used without prior written permission of CFAI.co.
Notification of Claimed Copyright Infringement If you believe that any works on the Site infringe your copyright rights, please provide information to CFAI.co as required by Section 512(c) of the U.S. Copyright Act.
Botnets: CFAI.co retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, CFAI.co reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at CFAI.co discretion.
Other Terms: If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by CFAI.co in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the CFAI.co Privacy Statement.