Please read these terms of use ("Terms of Use") carefully as they apply to your access to, and use of, this web site: www.selectart.com
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE OR REGISTER TO BECOME A USER OF THE SERVICES PROVIDED ON THE SITE. ANY VIOLATION OF THIS POLICY COULD RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USE AND/OR ACCESS TO THE SITE OR THE SERVICES.
Modification. SelectArt.com reserves the right to modify the terms at any time as well as any policy of the Site, in its sole discretion if its practices change, as technology changes, or as new services are added or existing ones changed in any way. Any changes or modification will be effective upon posting of the revisions and these Terms of Use will reflect the new effective date. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use refer to its effective date) and applicable policies.
Suspension. SelectArt.com reserves the right, without notice and in its sole discretion, to terminate your use of or access to the Site or Services, and to block or prevent future use of or access to the Site. SelectArt.com can suspend any user if it has any reason to believe, in its sole discretion, that the user is involved in any fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice. Notwithstanding anything to the contrary in its Privacy Policy, SelectArt.com may access, use and disclose transaction information about your use of its Site and Services in order to comply with the law (e.g., governmental regulatory action, legal enforcement, lawful subpoena); to initiate, render, bill, and collect for its Services or to protect its rights or property, or users of its Services.
Other Policies. To understand how SelectArt.com gathers and uses information that it collects from this site, Please, refer to SelectArt.com Privacy Policy.
Delivery of Virtual Product. New ads and new multimedia uploads (Photos and other items) require approval prior to displaying on our site. This approval process may require up to 4 business days. Do not include any person, pet or anything other than your property in your photos. If an ad or multimedia upload is not approved, we will contact you via the e mail address used to create the listing. If the requested changes are not made, the listing will be deleted. No refund will be issued. SelectArt.com will have sole discretion in approving or disapproving an ad.
Proprietary Rights. SelectArt.com is owned by UpRamp.com
You may not (i) modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site, or any portion of it; (ii) systematically collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods nor make derivative uses of the Site, or any portion of it; (iii) use any technique, including frames or framing techniques, to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page) without the express permission of SelectArt.com.
If SelectArt.com believes that you have violated its intellectual property rights, SelectArt.com may obtain injunctive or other appropriate relief in any federal or state court located in Texas without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.
You agree not to use the Site or Services (i) in any other manner for or in connection with any other trading service or device; (ii) as part of any effort to compete with SelectArt.com including without limitation using the Services to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential SelectArt.com user.
Your Responsibility.
You agree not to submit any ads, financial, contact or other information contained in each listing unless you have received all necessary rights and authorizations to publish the ad on the Site and you represent and warrant the accuracy of the information contained in the ad or information you provide. SelectArt.com does not validate the information posted in any way but may, in its sole discretion but without any obligation to search for such, remove listings that are alleged to have been submitted in violation of this provision. SelectArt.com may require additional evidence of compliance with this provision from users who are alleged to have submitted listings or other information in violation of these Terms of Use. SelectArt.com will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates the Terms of Use. Additionally, by posting an ad you agree to allow the ad, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site or Services. SelectArt.com shall have the sole authority to choose the manner in which any ad will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the ad in the exercise of its rights under this Terms of Use. You represent and warrant that all ads provided by you will be accurate at all times. SelectArt.com reserves the right to remove all or any part of ad information you provide or post on the Site. SelectArt.com accepts no responsibility for checking the accuracy of ads submitted by users. You agree that by posting an ad, SelectArt.com shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such ad on the Internet for unrestricted use by its users and affiliated companies. SelectArt.com shall have no obligation to (i) resolve disputes among users of the Site or users to the Service; or (ii) monitor or verify the accuracy or proper use of the listings although it has the right to do so.
SelectArt.com does not ensure the accuracy of, endorse, or recommend any trades or other information posted on its Site and you use such information at your own risk.
Payment Obligations. You agree to pay for the Services ordered through the Site using the payment method indicated, and provide SelectArt.com express authorization to charge said fees as agreed to at the time of the order. Fees owed depend on the specific type and quantity of Services ordered from time to time (collectively "Deliverables"). Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.
You agree to pay the fees currently in effect for the Services you order. You acknowledge that it is your responsibility to use the Services and you will not be entitled to a refund if you do not use the Services.
Subscriptions will automatically renew unless you contact us to cancel three (3) days prior to the renewal date; no prorations – fees billed monthly. Once the cancellation is processed, a confirmation email will be sent via email. SelectArt.com reserves the right to change its fees or billing methods at any time and will provide notice of any such changes.
Use of Services. SelectArt.com prohibits the use of the Site or ads to generate or send unsolicited commercial email (SPAM). Users may not send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use.
Disclaimers and Limitations of Liability.
This website, www.SelectArt.com (SelectArt.com) is owned and operated by UpRamp.com and is for the sole use of Sellers, Buyers, and Traders. Users of SelectArt.com agree not to do any of the following: 1) Violate any State, local, federal or international law, 2) Solicit any individual or company using any e mail address or telephone numbers found of SelectArt.com for any reason other than the purchase, selling or trading of posted ads. 3) Extrapolate any information from SelectArt.com for commercial use. 4) Misrepresent themselves as actual buyers, sellers or traders. Any information or content included in this website is provided “as is”. SelectArt.com makes no representations or warranties whatsoever, whether implied, with respect to this website or content or information available on or through this website. SelectArt.com nor it’s directors, employees, agents, officers, merchants, sponsors, licensors or the like shall be liable for any damages whatsoever arising out of the use of this website or any web site linked to this website. SelectArt.com is an E-Commerce advertiser and does not control any email or telephone calls our advertisers may receive. Once an e mail is exchanged (encrypted on this web site for security) , telephone number, name is included herewith, it is public information.
You agree to indemnify and hold SelectArt.com it’s directors, employees, officers, agents, merchants, sponsors, licensors or the like harmless from any claim, action, demand, loss, or damage (including attorneys' fees) arising out of or in connection with (i) any third-party claim arising out of or relating to your use of the Site or any information contained therein; (ii) any dispute with a user or contact from an ad; and (iii) your breach of the Terms of Use.
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SelectArt.com provides a Service where buyers/Sellers/Traders can view ads. SelectArt.com is not involved in the actual transactions between buyers, sellers or traders nor the actions of its users of the Services and has no control over the quality, safety or legality of the ads advertised, the truth or accuracy of the ads, or the ability of traders to complete sales.
THE INFORMATION POSTED, SERVICES, DATA AND NEWSLETTERS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER SELECTART.COM, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, OR SERVICE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SELECTART.COM SPECIFICALLY DISCLAIMS ANY LIABILITY RELATING THERETO. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
UNDER NO CIRCUMSTANCES SHALL SELECTART.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF SELECTART.COM AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF THE LESSOR OF MONIES PAID TO SELECTART.COM FOR ITS PRODUCTS AND/OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY..
Governing Law and Jurisdiction. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Houston, TX , and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Any dispute or legal claim arising out of or relating to this Terms of Use or the Services, excluding legal action taken by SelectArt.com to collect fees and/or recover damages for, or obtain an injunction relating to, the SelectArt.com Site operations or intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Houston, Texas , and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SelectArt.com may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas, necessary to protect the rights or property of you or SelectArt.com pending the completion of arbitration. The prevailing party in such arbitration will be entitled to reimbursement for costs, including reasonable attorney fees.
Miscellaneous. These Terms of Use for the Site and use of the Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Updated on 1/29/2008
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