Membership Agreement

1. Introduction
(a) General - Fine Art World, LLC (FAW), a Colorado Corporation, offers individuals, artists, galleries, and trade buyers (Art Community) a forum, at www.FineArtWorld.com (Website), to view, discuss, buy or sell works of art or photography (Artwork). FAW also offers services that include the Website, personal galleries, messaging services, community forums, sales services, member benefits, and any other features, content, or applications offered from time to time by the Website or FAW (FAW Services). Members of the Art Community that complete and submit the registration form located on the Website will be considered registered members (Member(s)) and will be subject to the terms and conditions of this Membership Agreement (Agreement) as set forth below.
2. Privacy Policy
(a) Privacy Policy – The most current Privacy Policy as listed on Website shall be incorporated into this Agreement in its entirety. If there are conflicts between the Privacy Policy and the Agreement, the provisions of the Agreement shall prevail. By accepting this Agreement, you agree to all of the terms of the Privacy Policy.
3. Terms of Use
(a) Terms of Use – The most current Terms of Use as listed on Website shall be incorporated into this Agreement in its entirety. If there are conflicts between the Terms Of Use and the Agreement, the provisions of the Agreement shall prevail. By accepting this Agreement, you agree to all of the terms of the Terms of Use.
4. Types of Members
(a) Non-Fee Members – Members that register with FAW but do not pay a fee.
(a.1) Visiting Members – This membership is for viewing and buying of Artwork only. Once registered, these members will be able to access services that include but are not limited to, buy Artwork from the Website; receive news and information from FAW; and communicate with other Members via e-mail or community boards.
(b) Fee Members – Members that register with FAW and pay a fee for additional services not offered non-fee members
(b.1) Trade Members – Same as Visiting Members, but pay a fee to have access to galleries where they can receive special pricing for Artwork from other Fee Members. Members must apply to FAW to receive a Trade Membership. To receive such approval, Trade Members must be in the retail business of selling art. They will have to submit proof of such business but submitting documentation that may include but is not limited to a resale number and company name as it appears on the tax certificate, business cards and stationary with company name, digital image of retail location, utility bill that includes company name or other proof existence as requested by FAW. Allowing Trade Membership is at the sole discretion of FAW. FAW cannot be held liable for the refusal of this type of membership.
(b.2) Artist Members – Receives all the benefits of Visiting Members, but pay’s an additional fee to upload, manage and display digital images in a personal gallery to be exhibited on Website. At their option, Artist Members may also make their works, located in their personal gallery, available for sale. Artist Members may only exhibit one artist in their personal gallery.
(b.3) Gallery Members – Receives all the benefits of Visiting & Artist Members, but pay’s an additional fee to be able to exhibit more than one artist in their personal gallery. If approved by FAW, Gallery Members also receive free Trade Membership.
5. Registration
(a) Membership Eligibility – By agreeing to this Agreement you warrant that:
(a.1) all registration information you submit is truthful, accurate and unique to you;
(a.2) you will maintain the accuracy of such information including but not limited to your e-mail address;
(a.3) you are 18 years of age or older;
(a.4) your use of FAW Services does not violate any applicable law or regulation;
(a.5) you agree that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that this Agreement supersedes any prior agreements you had with FAW.
(a.6) you will not assign or otherwise transfer your rights or obligations under this Agreement to anyone
(a.7) you have access to the internet and that you are paying the fees associated with that access.
(b) User Name, Password & Member Account – As part of the registration process, you will be asked to choose a user name and password. By creating a Member Account you agree to:
(b.1) be entirely responsible for maintaining the confidentiality of your account, user name, and password.
(b.2) not use the account, username, or password of another Member at any time or to disclose your user name & password to any third party.
(b.3) notify FAW immediately if you suspect any unauthorized use of your account or access to your user password.
(b.4) be solely responsible for any and all use of your account or activity under your user name and password.
(b.5) to be responsible for and pay any charges incurred in connection with your user name and password.
(b.6) ensure that you exit from your account at the end of each session
(c) Levels of Membership & Fees – All levels of membership and fees associated with those memberships, are listed in the charts below:
(c.1)
(c.2) All membership fees are quoted in US dollars and can be paid by using a credit or debit card or PayPal account. If you use a credit or debit card, you ensure that you are fully entitled to use that card at the time the membership fees are due, and that you have sufficient funds to cover those fees. You are responsible to make sure that your credit or debit card is up to date and accurate.
(c.3) Membership shall continue until we receive notice of termination from you or we exercise our rights of termination as described in this agreement.   All membership accounts will be set up for recurring billing and will be based on the original length of membership. To avoid being charged the recurring amount, you are responsible for canceling your account before, or on the exact date and time, your current length of membership expires. Unless FAW terminates your account for breach of this Agreement, you will be entitled to a refund of any unused portion of your membership fees. Membership for a partial month, will be considered a full month for proposes of refund.
(c.4) Membership accounts that become past due because of insufficient funds or declined credit or debit cards shall be subject to immediate suspension or termination. Reinstatement will occur when FAW has received all unpaid fees in full. A reinstatement fee of $20 will be charged for all accounts that are more than 45 days past due.
(c.5) At any time, FAW reserves the right to change at its discretion any level of membership and the fees and billing methods associated with that membership. If we do make changes, we will notify you by posting a message on the Website, or by sending a message to you via e-mail. FAW cannot be held liable for such changes.
(d) Acceptance - by completing the registration process and clicking the "I accept" button, you are agreeing to be bound by the terms of this Agreement.   If the provisions of this Agreement are unacceptable to you, you may not become a Member and must leave the registration process or press the “I decline” button.
6. Personal Gallery
(a) Personal Gallery for Artist or Gallery Fee Members – All Artist and Gallery Fee Members may upload their display name, gallery name, digital images of Artwork and images or information about themselves or their Artwork together with any other communications or information posted on or distributed through the Website or any other FAW Services. FAW will also supply to these members an individual and unique URL. At any time, FAW reserves the right to change at its discretion any URL assigned to a member. If we do make a change, we will notify you by posting a message on the Website, or by sending a message to you via e-mail. You or any third party agrees to hold FAW harmless from any liability for such changes.
7. Content
(a) Proprietary Rights in Content on Website – FAW does not claim any ownership rights in the artwork, text, digital images, photos, or any other materials (Content) that you display, publish, upload, email, transmit or otherwise make available (Post) to a personal gallery, e-mail, community forum, or other communication through the Website or other FAW Service. After Posting your Content to the FAW Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By Posting any Content on or through the FAW Services, you hereby grant to FAW a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the FAW Services. Without this license, FAW would be unable to provide the FAW Services. For example, without the right to modify Member Content, FAW would not be able to digitally compress or alter digital files that Members submit or otherwise format Content to satisfy technical requirements. The license you grant to FAW is non-exclusive, fully-paid and royalty-free, sub licensable, and worldwide. This license will terminate at the time you remove your Content from the FAW Services. The license does not grant FAW the right to sell your Content, nor does the license grant FAW the right to distribute your Content outside of the FAW Services.
(b) Member Warranties Of Content Provided - You agree, represent and warrant that:
(b.1) you own the Content Posted by you on or through the FAW Services or otherwise have the right to grant the license set forth in this section, and
(b.2) the Posting of your Content on or through the FAW Services does not violate the privacy rights, publicity rights, intellectual property, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the FAW Services.
(b.3) you are solely responsible for the Content that you Post on or through any of the FAW Services, and any Content you transmit to other Members, Visitors, or Users of the FAW Services. FAW does not endorse and has no control over the Content Posted. Content is not necessarily reviewed by FAW prior to Posting and does not necessarily reflect the opinions or policies of FAW. FAW makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content Posted or any Content you transmit to other Members, Visitors, or Users of the FAW Services.
(c) Personal Use – Except for Content posted by you, the Content contained on or through FAW Services is for informational purposes only. Such content may be viewed, copied or printed for your individual and personal use only. You may not sell, replicate, transmit, distribute, assign, publish, prepare derivative works, incorporate into other websites, or any use not explicitly permitted herein, of any of the content provided by without the express prior written consent of FAW or its Content providers.
(d) Intellectual Property Of FAW Or Other Content Providers – The content Posted on FAW Services contains copyrighted material, trademarks, patents, trade dress, service marks, software or other proprietary properties (Intellectual Property). All Intellectual Property contained on FAW Services are subject to all applicable United States and International laws and are the exclusive property of FAW or its Content providers. Content that contains Intellectual Property may be viewed, copied, or printed for your personal and non-commercial use. With the exception of any software code, FAW hereby grants you a limited, revocable, and non-sub licensable, license to reproduce and display the Intellectual Property of FAW solely for your personal and non-commercial use in conjunction with the use of FAW Services. All other uses of Intellectual Property obtained from FAW Services are strictly prohibited without the express prior written consent of FAW or its Content providers.
(e) Reporting Intellectual Property Violations – It is the policy of FAW to honor the intellectual property rights of others. If you believe your Intellectual Property rights have be violated please submit a complaint in writing to Fine Art World, 11955 Teller Street Unit A, Broomfield, CO, 80020 or by E-mail to support@FineArtWorld.com. Please list the following in the complaint, i) your name, address, phone number, and e-mail (if any); ii) a description and exact location of the content on the Website that you feel is in violation of your Intellectual Property; iii) a statement, made under penalty of perjury that you are the owner or the authorized agent of the owner of the Intellectual Property in question and that the information included in the complaint is both true and accurate; iv) A description of why you feel this is a violation; v) court documents or document filings, if any, that support your claim; vi) electronic or written signature of you or your authorized agent. If we receive a final judgment from a court of law or if after an investigation and at our discretion we feel your Intellectual Property has been violated, we will promptly remove such content from the Website.
(f) Prohibited Content - The following is a non-exclusive list of the kind of Content that is illegal or prohibited to Post on or through FAW Services. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FAW:
(f.1) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f.2) harasses or advocates harassment of another person or member
(f.3) uses a false email address, impersonates any person or entity, or otherwise is manipulated to misrepresent its origin;
(f.4) involves the transmission of unsolicited "junk mail", "chain letters”, mass mailings, instant messaging, "spamming", "pyramid schemes", or any other form of unauthorized solicitation;;
(f.5) is considered to be a commercial endeavor or activity including but not limited to solicitation of advertisers or sponsors, the conduction of raffles or contests of any kind, the displaying of advertising banners through link exchange services or any other commercial purpose except those that are specifically endorsed or approved by FAW;
(f.6) features excessive profanity or sexually explicit language, defamatory or libelous statements, or remarks that disparage or ridicule other people.
(f.7) are X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn, sexual paraphernalia, or any other pornographic content that, at FAW’s our discretion, crosses the line between art and pornography. Tastefully done nudes or other affectionate activity, are exempt from this provision;
(f.8) solicits personal information or harms in any way minors under the age of 18;
(f.9) infringes on the Intellectual Property rights of any party;
(f.10) at the discretion of FAW is not considered art including but not limited to personal photographs or commercial advertisements;
(f.11) interferes with, disrupts, creates an undue burden on, or limits the functionality of any of the FAW Services or its networks, including but not limited to software viruses, Trojan horses, worms, time bombs, cancel bots, cookies, or other malicious software, files or programs;
(f.12) displays illegal drugs or the paraphernalia used for them;
(f.13) is fraudulent or involves the sale of counterfeit or stolen items;
(f.14) you know is false or misleading;
(f.15) contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
(f.16) would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising;
(f.17) creates liability for FAW or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) Rights to Posted Content – FAW reserves, and at its sole discretion, the right to
(h.1) make any Posted Content publicly accessible on the FAW Services.
(h.2) limit the duration and the allotted disk space for Posted Content on its servers;
(h.3) limit the number of times Content is Posted on or through the Website or other FAW Services.
(h.2) to edit, manipulate, reclassify, or delete any Content Posted to the FAW Services for any reason including but not limited to technical or quality issues, at any time. FAW may delete any Content that in the sole judgment of FAW violates this Agreement or terms of this provision. FAW assumes no responsibility for monitoring the FAW Services for inappropriate or prohibited Content or conduct. If at any time FAW chooses, in its sole discretion, to monitor any of the FAW Services, FAW nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate or prohibited Content, and no responsibility for the conduct of the member submitting any such Content. The previous sentence notwithstanding, FAW reserves the right to investigate and take appropriate action against anyone who, in FAW’s sole discretion, violates this Agreement or this provision, including without limitation, issuing warnings, removing the offending Content from the FAW Services, terminating the Membership of such violators or reporting illegal activity and violators to law enforcement authorities. You or any third party agrees to hold FAW harmless from any liability for deletions or changes made to Posted Content.
8. Sales of Art Work
(a) Listings – FAW provides a venue for Members to sell Artwork through their personal gallery. If you are a Member that lists Artwork for sale, you hereby represent and warrant that by listing Artwork on or through the FAW Services,
(a.1) that you are legally entitled to pass ownership of that Artwork;
(a.2) the Artwork will be listed in an appropriate category;
(a.3) you must accurately describe Artwork in the listing and you are liable for any errors or omissions in the description;
(a.4) prices listed must be accurate and stated in US dollars;
(a.5) your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that Artwork.
(a.6) the status of the availability of the Artwork listed must be clearly stated (available, sold, not for sale). Any change of status of availability must be updated as soon as possible but no later than 48 hours from the change in status.
(a.7) the imagery of the Posted Artwork is of a quality that is a fair representation of the actual Artwork and must not be out of focus, over or under exposed, or a bad color representation of the actual Artwork. At the discretion of FAW, if the Posted imagery is not of an acceptable quality, it will be removed from the Website or FAW Services.
(b) Sellers – Upon the completion of a sale of Artwork on or through the FAW Services, as the listing seller Member, you or your agents are exclusively responsible for
(b.1) collection of payment for the Artwork sold;
(b.2) delivery, insurance and any risk of loss of the Artwork sold;
(b.3) all costs, fees, or applicable taxes related to the sale of the Artwork;
(b.4) resolve any disputes, including but not limited to lack of payment, lack of availability, damage in shipment, lack of delivery, refunds or credits owned, or quality complaints, arising from the sale of the Artwork directly with Buyer Member;
(b.5) researching and complying with any applicable laws, restrictions, regulations or manner of sale or exchange that may pertain to sale of the Artwork.
(b.6) you must promptly ship the correct order in good faith as soon as you have accepted the order
(c) Buyers – As a Buyer Member, you represent and warrant that if you are purchase any Artwork of a Seller Member on or through FAW Services that
(c.1) any contact, shipping, or credit or bank information you supply is true and complete;
(c.2) charges incurred by you will be honored by your credit card company or bank;
(c.3) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
(c.4) resolve any disputes, including but not limited to lack of availability, damage in shipment, lack of delivery, refunds or credits owned, or quality complaints, arising from the purchase of the Artwork directly with Seller Member;
(h) Monitoring Transactions – FAW, in its sole discretion, may choose to monitor transactions between Members, FAW nonetheless assumes no responsibility or obligation to delete or modify any listing or halt any sale of Artwork. The previous sentence notwithstanding, FAW reserves the right to investigate and take appropriate action against any Member who, in FAW’s sole discretion, violates this Agreement or this provision, including without limitation, issuing warnings, removing the offending listing from the FAW Services, halt the sale of any Artwork on of through FAW Services, terminating the Membership of such violators or report illegal activity and violators to law enforcement authorities.
(e) FAW’s Sales Disclaimer – FAW OFFERS A VENUE FOR MEMBERS OF THE ART COMMUNITY TO OFFER, BUY, OR SELL THEIR ARTWORK. FAW DOES NOT PARTICIPATE IN ANY OF THE ACTUAL SALES OF ARTWORK BETWEEN MEMBERS. AS SUCH, FAW DOES NOT ENDORSE THE PURCHASE OR SALE OF ANY ARTWORK POSTED ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES NOR DOES IT WARRANT THE QUALITY, AVAILABILITY, OR LEGALITY OF THE LISTED WORKS. ANY TRANSACTIONS UNDERTAKEN BETWEEN YOU OR ANY THIRD PARTY AND THE OTHER MEMBERS OF WEBSITE OR OTHER FAW SERVICES ARE DONE SO AT YOUR OWN RISK AND ONLY AFTER YOUR THOROUGH INVESTIGATION OF THE MEMBERS AND THEIR ARTWORK. FAW DOES NOT GUARANTEE COMPLETION OF SALE OR SHIPMENT OF ANY ARTWORK LISTED BY MEMBERS OF THE WEBSITE OR OTHER FAW SERVICES. YOU OR ANY THIRD PARTY SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY TRANSACTIONS WITH MEMBERS OF THE WEBSITE OR OTHER FAW SERVICES.
9. Changes to FAW Services
(a) Modification – FAW has the right at any time to edit, delete, or add, any or all of the information or Content contained on or through the FAW Services either temporarily or permanently without notice to you. You or any third party agrees to hold FAW harmless from any liability for such modifications to any or all of the FAW Services.
(b) Suspension or Discontinuance – FAW has the right to suspend or discontinue to any or all of the FAW Services at any time either temporarily or permanently without notice to you. You or any third party agrees to hold FAW harmless from any liability for such suspension or discontinuance to any or all of the FAW Services.
10. Links to Other Websites
(a) Links – FAW Services may contain content that includes links to advertisers, featured sponsors, or other third party websites or resources. FAW does not guarantee access or availability of these websites. FAW also does not endorse or warranty any of the content, products, services, or information listed on such sites. Any business dealings that you may participate in with these advertisers, featured sponsors or other third-parties are solely between you and such third parties and are done so at your own risk. You agree to hold FAW harmless of any damage or loss, either directly or indirectly, caused by your dealings with such third parties or use or reliance on their respective websites listed on or through FAW Services.
11. Disclaimer of Warranties & Liability
(a) NO WARRANTIES – FAW PROVIDES THE WEBSITE AND FAW SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT OF THE LAW, FAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USE OF THE WEBSITE OR OTHER FAW SERVICES IS DONE AT YOUR OWN RISK.
(b) CONTENT – CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES MAY CONTAIN CONTENT, INFORMATION, OPINIONS, OR RECOMMENDATIONS FROM VARIOUS MEMBERS OF THE ART COMMUNITY.   FAW DOES NOT WARRANT THE ACCURACY OF ANY CONTENT OR INFORMATION NOR DOES IT ENDORSE ANY OPINIONS OR RECOMMENDATIONS, POSTED ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES BY ANY MEMBERS OF THE ART COMMUNITY. YOU OR ANY THIRD PARTY SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RELIANCE ON SUCH CONTENT, INFORMATION, OPINION, OR RECOMMENDATION ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES.
(d) ADVICE – FAW DOES NOT ENGAGE IN LEGAL, INVESTMENT, OR PROFESSIONAL SERVICES OR ADVICE. SEEK THE ASSISTANCE OF AN ATTORNEY OR OTHER LICENSED PROFESSIONAL IF SUCH SERVICES ARE NEEDED. FAW DOES NOT WARRANT ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES. YOU OR ANY THIRD PARTY SPECIFICALLY AGREE TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RELIANCE OF ADVICE OR INFORMATION OBTAINED BY YOU ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICE.
(e) SERVICE – FAW DOES NOT WARRANT THAT YOU OR ANY THIRD PARTY CONNECTION TO THE WEBSITE, OTHER FAW SERVICES OR OUR SERVERS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, VIRUS FREE, OR ANY SOFTWARE DEFECTS WILL BE CORRECTED. YOU OR ANY THIRD PARTY SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR CONNECTION TO THE WEBSITE OR OUR SERVERS.
(f) DOWNLOADS & E-MAILS – FAW DOES NOT WARRANT ANY MATERIAL OR DATA DOWNLOADED OR E-MAIL RECEIVED ON OR THROUGH THE WEBSITE, OTHER FAW SERVICES OR OUR SERVERS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, VIRUS FREE, OR ANY SOFTWARE DEFECTS WILL BE CORRECTED. YOU OR ANY THIRD PARTY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, CAUSED BY YOUR RECEIPT OF DOWNLOADS OR E-MAIL ON OR THROUGH THE WEBSITE, OTHER FAW SEVICES OR OUR SERVERS.
(g) MEMBERS & OTHER THIRD PARTIES – FAW DOES NOT CONTROL CONTENT, PRODUCTS, INFORMATION, ARTWORK, OPINIONS, ADVICE, RECOMMENDATIONS, ACTIONS, SERVICES, OR ANY OTHER THING OFFERED OR SUPPLIED BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE OR FAW SERVICES. FAW TAKES NO RESPONSIBILITY OR MAKES NO WARRANTY FOR THE CONTENT, PRODUCTS, INFORMATION, ARTWORK, OPINIONS, ADVICE, RECOMMENDATIONS, ACTIONS, SERVICES, OR ANY OTHER THING OFFERED OR SUPPLIED BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE OR OTHER FAW SEVICES. YOU OR ANY THIRD PARTY SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, YOU INCUR FOR ANY UNLAWFUL, SEXUALLY EXPLICIT, ABUSIVE, HARMFUL, OBSCENE, THREATENING, OR OTHERWISE OBJECTIONABLE CONTENT, CONDUCT OR SPEECH OF ANY MEMBER, ADVERTISER, FEATURED SPONSOR, OR OTHER THIRD PARTY ON OR THROUGH THE WEBSITE OR OTHER FAW SERVICES. YOU OR ANY THIRD PARTY ALSO SPECIFICALLY AGREES TO HOLD FAW HARMLESS OF ANY DAMAGE OR LOSS, EITHER DIRECTLY OR INDIRECTLY, YOU INCUR FOR VIOLATIONS OF ANY INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY OR FROM ANY OTHER CAUSES BY MEMBERS, ADVERTISERS, FEATURED SPONSORS, OR OTHER THIRD PARTIES ON OR THROUGH THE WEBSITE OR OTHER FAW SEVICES.
(h) LIMITATION OF LIABILITY – FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE WEBSITE, FAW SERVICES, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, EVEN IF SUCH DAMAGES OR LOSSES WHERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, OR EVEN IF FAW, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED, AT ANY TIME, THE TOTAL AMOUNTS PAID TO FAW UNDER THIS AGREEMENT DURING THE PREVIOUS 12-MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY
(I) EXCLUSIONS & LIMITATIONS – FAW WOULD NOT PROVIDE ANY FAW SERVICES OR IT’S CONTENT WITHOUT THE LIMITATIONS OF LIABILITY AS SET FORTH IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Legal
(a) Applicable Law – You agree to be subject to and by governed by the laws of the state of Colorado and any US federal laws that may apply including but not limited to federal intellectual property, export, and import laws. You also agree not to engage in any activity in conjunction with FAW Services that would violate any local, state, federal or international laws.
(b) Cause of Action – If a cause of action arises relating to this Agreement, you agree to be subject to the personal jurisdiction of the applicable federal, state, or local courts located in the of the State of Colorado, and must commence within one year from when the cause of action arose; otherwise, such cause of action is permanently barred.
(c) Enforcement – If portions of this Agreement are found to be unenforceable by a court with competent jurisdiction, you agree that the such portions shall be construed as nearly as possible to the intentions of FAW. All other portions of this Agreement shall remain in full force and effect. Failure by FAW to enforce any provision or right of this Agreement shall not constitute a waiver of enforcement of such provision or right in the future.
(d) Indemnity – You agree to indemnify and hold FAW, its officers, directors, owners, agents and employees, harmless from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys fees, made by any third party due to or arising out of your or anybody else’s misuse of FAW Services, violation of this Agreement, violation of any law, or violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
(e) Modifications To Agreement – FAW may change or delete any portion of this Agreement. If we do make a change, we will notify you by posting a message on the Website, or by sending a message to you via e-mail. The most current version of the Agreement will be posted on the Website in the Members control panel. If you object to any portion of this or future Agreements, you must terminate your Membership immediately. Continued Membership will be considered an acceptance of this Agreement in its entirety as well as any and all subsequent changes. You or any third party agrees to hold FAW harmless from any liability for such modifications to any or all of the FAW Services.
(f) No Agency – You agree that you and FAW are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FAW.
(g) Termination – You agree that we, in our sole discretion, may immediately and without prior notice, terminate your Membership, your use of any of the FAW Services, and remove any Posted Content you may have contributed to any of the FAW Services, at any time for any reason including, but not limited to, for lack of use, for violation of this Agreement, violation of any applicable law, violation of Intellectual Property, in general harmful to our interests or no reason. We shall have no obligation to preserve or return to you any images, files or other Content related to your account. Unless FAW terminates your account for breach of this Agreement, you will be entitled to a refund of any unused portion of your membership fees. Other than as set forth in the preceding sentence, we shall not be liable to you or any third party for any termination of your access to any of the FAW Services. Should you object to any terms and conditions of the Agreement or become dissatisfied with any of the FAW Services, your only recourse is to terminate your Membership. If you would like to suspend or cancel your membership, you may do so by submitting such requests in writing to Fine Art World, 11955 Teller Street Unit A, Broomfield, CO 80020 or E-mail to support@FineArtWorld.com. You agree that the provisions of Sections (7-13) will survive the termination of your Membership or this Agreement.
13. Communications
(a) Contact Us – You may submit an comments, questions, suggestions, ideas or other communications by mail to Fine Art World, 11955 Teller Street Unit A, Broomfield, CO 80020 or E-mail to support@FineArtWorld.com. In a manner consistent with our Privacy Policy, you grant to FAW a non-exclusive and royalty free right to use, disclose, modify, reproduce, license, display, or exploit in manner at FAW’s discretion, all communications submitted to FAW. You agree that FAW is not obligated to hold or store any submitted comments, questions, suggestions, ideas or other communications. You or any third party agrees to hold FAW harmless from any liability if such communications are deleted or discarded.
(b) Notice - Except as otherwise provided for in this Agreement, you consent to receive communications with regards to this Agreement from us by e-mail or Posting on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
(c) Violations or Complaints- You may report violations or submit complaints to this Agreement by mail to Fine Art World, 11955 Teller Street Unit A, Broomfield, CO 80020 or E-mail to support@FineArtWorld.com.
(d) Disclosure – In a manner consistent with our Privacy Policy, you hereby authorize us to disclose, any Content Posted or communications received by FAW, the Website or FAW Services, pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose such Content or communications if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with FAW, the Website or other FAW Services such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.