Fine Art Adoption Network Terms of Service

These terms of Service were last update on April 6, 2006.

Welcome to the web site for the Fine Art Adoption Network (http://www.fineartadoption.net) as operated by Art in General, 79 Walker Street, New York, NY 10013-3523 (“FAAN”, “us”, or “our”). Our services and products presented in the FAAN web site (“site”) are provided subject to the following terms and conditions. The purpose of this site is to introduce new and established art collectors (“Collectors”) to artists (“Artists”) in order to facilitate the Collectors adoption of one or more pieces of artwork. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

PRIVACY

You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting and/or shopping at the site.

ELECTRONIC COMMUNICATIONS

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing. FANN is not responsible for any communications you make with any other Collectors or Artists.

USE OF MESSAGE SERVICES

You agree not to use this site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message in conjunction with an adoption, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party, (iii) which contains a chain letter or constitutes any form of mass mailing or (iv) any form of commercial email including offers to purchase or sell artwork, advertisements, announcements, promotions or endorsements for any goods, services or events. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although FAAN does not regularly review content you submit to this site, FAAN reserves the right to edit such content in any way and to refuse to process any communication or submission including content that violates these Terms of Use or that FAAN finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold FAAN harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that FAAN deems appropriate, in its sole and exclusive discretion, consistent with FAAN’s Privacy Policy.

COPYRIGHT

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of FAAN or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of FAAN is used with permission. The arrangement and compilation of all content on this site are the exclusive property of FAAN and are protected by U.S. and international copyright laws. All software used on this site is the property of FAAN or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the “Special Conditions” section below.

TRADEMARKS

Certain marks used on our site are registered trademarks or service marks of FAAN or its affiliates, in the United States and other countries. Certain FAAN graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of FAAN or its affiliates. FAAN’s trademarks and trade dress may not be used for any commercial or other purposes by any party other than FAAN or its affiliates without the prior written consent of FAAN. All other trademarks and service marks not owned by FAAN or its affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FAAN.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

FAAN honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify FAAN by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, FAAN does not reproduce or manufacture any products that it offers on its site, but rather acts as a forum for Artists to offer their artwork to Collectors for adoption. Any Artist users submitting artwork to the FAAN site for adoption claim to be the creator or authorized agent of the creator of the artwork and have sufficient rights to offer their artwork to FAAN for display on our site and adoption by Collectors. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, FAAN will remove such actual or alleged infringing products from the site pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement If you believe that your work has been copied, distributed, or used by FAAN in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign such form where indicated and submit such form as follows:

Art in General/FAAN Attention: Copyright/Trademark Claim 79 Walker Street New York, NY 10013-3523 Facsimile: (212) 219-0511

Please note that this procedure is exclusively for notifying FAAN and its affiliates of your belief that your copyrighted material or trademark(s) has been infringed.

LICENSE AND SITE ACCESS

FAAN grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a user of the site; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without the prior written consent of FAAN. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of FAAN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FAAN without FAAN’s prior written consent. You may not use any meta tags or any other “hidden text” utilizing FAAN’s name or trademarks without the prior written consent of FAAN. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by FAAN. You may not create any link to use any FAAN logo or other proprietary graphic or trademark as part of the link without FAAN’s prior written permission.

DESCRIPTIONS OF ARTWORK

FAAN is not responsible for the descriptions of the artwork offered for sale on this site does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a piece of artwork is offered for adoption on the site is not as described, your sole remedy is to return it to the Artist. Neither FAAN nor any of its affiliates will be responsible for any damage to the artwork or costs incurred in packaging, shipping or otherwise transporting the artwork or any other costs associated with the adoption of a piece of artwork.

ARTIST REPRESENTATIONS AND WARRANTIES

By offering a piece of artwork for adoption through the FAAN site you represent and warrant that: (i) you are the original creator of the artwork or their duly authorized agent and that you are have all of the necessary rights to offer the artwork for adoption; (ii) there are no liens, encumbrances or third party interests with regards to the artwork, (iii) the artwork is not subject to any law suit or claims including but not limited to bankruptcy, divorce, intellectual property infringement or charges of obscenity, (iv) the description, including any images, of the artwork is complete and accurate, (v) you are offering the artwork for adoption not for sale, (vi) you will not offer any artwork, products or services for sale or condition the adoption of the artwork upon the receipt of any consideration and (vii) you are completely responsible for all costs you incurred in association with the adoption of a piece of artwork.

COLLECTOR REPRESENTATIONS AND WARRANTIES

By proposing to adopt or adopting a piece of artwork from the FAAN site you represent and warrant that: (i) you have accurately identified yourself to the Artist and have made no misrepresentations about or concealed your identity, circumstances or intentions with regards to the artwork, (ii) you have not offered payment or other consideration for the adoption of the artwork, (iii) you will not offer the artwork for sale or auction or as consideration for a transaction for at least five years from the date of adoption and (iv) you are completely responsible for all costs you incurred in association with the adoption of a piece of artwork.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

FAAN MAKES NO WARRANTY THAT THE ARTWORK OFFERED FOR ADOPTION ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS. FAAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK.

AS A COLLECTOR YOU ACKNOWLEDGE THAT YOU HAVE NO CAUSE OF ACTION AGAINST FAAN FOR THE FAILURE OF AN ARTIST TO DELIVER A PIECE OF ART ANY DAMAGE TO THE ART OR THE UNAVAILABILITY OF THIS WEB SITE.

AS AN ARTIST YOU ACKNOWLEDGE THAT YOU HAVE NO CAUSE OF ACTION AGAINST FAAN FOR THE ACTIONS OF ANY COLLECTOR WITH REGARDS TO A PIECE OF ADOPTED ART, ANY DAMAGE TO THE ART, ANY SUBSEQUENT SALE OF A PIECE OF ART BY A COLLECTOR OR THE UNAVAILABILITY OF THIS SITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FAAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. FAAN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FAAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. I F THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FAAN and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to info@fineartadoption.net. Any email submitted to FAAN becomes the property of FAAN and the author hereby grants FAAN for use on the site or in promotions of the site.

APPLICABLE LAW

By visiting the site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between you and FAAN relating to that agreement.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to FAAN. We reserve the right to make changes to our site, policies, and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, you should review those policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.