TERMS OF USE

Effective date: May 1, 2017. To access previous versions of our terms of use, please click here.


Thank you for visiting www.m80artists.com (the “site”), which is owned and operated by ART & ABETTING INC. (“m80”, “m80artists”, “we” or “our”).  M80Artists.com offers a service for artists to exhibit and sell original artworks and for purchasers to buy such artworks through the site (collectively, the “services”). The services include m80artists.com’s provision of a platform on which artwork is curated by our panel of selected artists and customers, advertised, promoted, reproduced, printed, sold and purchased. The services also include, but are not limited to, payment processing, transaction handling, order fulfillment and customer support. Please read these terms of use (“terms”) carefully. By accessing or using the site (or any content, product, service or feature available through the site), you agree to abide by and be bound by the terms and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature. These terms constitute a binding legal agreement between you and m80artists.com. If you do not agree to any part of the terms, please do not use the site, as you have no right to access or use the site.

Modifications and Updates
M80artists.com reserves the right to modify, discontinue or terminate the site or change these terms from time to time at our sole discretion, including the right to change, alter, modify, add or remove any part of these terms. All changes to these terms will be effective when posted on the site, or at such later date as may be specified in the updated terms. By continuing to use the site or any services after any changes to these terms become effective, you agree to be bound by such changes and the updated terms. You agree that m80artists.com may notify you of any changes to these terms by posting the updated terms on the site; you agree to review these terms regularly to apprise yourself of any applicable revisions. Changes to these terms will not apply to any claim, action, controversy, proceeding or dispute (“dispute”) that arose before such updates took effect; the version of these terms in effect at the time that such dispute arose will govern such dispute. If the updated terms are not acceptable to you, your sole recourse is to discontinue using the site and/or the services.


Ownership of the Site and Contents Thereof
The site, including all of its contents, such as text, images and the code used to generate the pages (“materials”), are property of m80artists.com or that of our artists, suppliers or third-party licensors and are protected by applicable patent, trademark and copyright laws and other intellectual property protections under united states and/or foreign law. Except as otherwise expressly provided in these terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any materials from this site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the site and to use the information contained herein and the services. No ownership right in the materials is granted to you by these terms or otherwise by virtue of your use of the site. No materials may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the site or as may be expressly agreed in writing by m80artists.com.

Privacy Policy
Your privacy is very important to us, and we are committed to protecting it. All users of the site should refer to our privacy policy, accessible here.  The terms of our privacy policy are incorporated in these terms by reference.

Eligibility
The site and the services are intended exclusively for persons age 18 or older. Access to or use of the site or services by persons under age 18 is not permitted. By accessing or using the site or the services, you represent and warrant that you are 18 or older. If you are accessing the site or using any services on behalf of any entity, you further represent and warrant that you are authorized to accept these terms for and on behalf of such entity, and that such entity agrees to indemnify m80artists.com for violations of these terms and as otherwise may be set forth herein.

Account Registration
In order to use the services, you must register for an m80artists.com account. Your registration for an account indicates that you agree to all of the terms (including without limitation the privacy policy). All account registrations are subject to the approval of m80artists.com. When creating a user account, you agree to provide m80artists.com with current and accurate information; you agree to update such information promptly to maintain the accuracy thereof. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity or the origin of any content. You are solely responsible for maintaining the confidentiality of your account credentials (including any passwords), and you agree not to disclose your access information or allow others to use such access details to gain access to the site. You are responsible for all activities that occur under your account name. M80artists.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


Listing Digital Images
Once you have been approved for a registered account, you may submit original digital images (“digital content”) that you have created and that you desire to exploit through the site’s print service. Listings for and sales of prints of digital content, as well as various other matters related thereto, are addressed in the artist licensing agreement.


Purchases
Registered account holders may purchase original works of art and other items from the site. Prices for all items available on the site are as posted in the applicable listings. In addition to being subject to the terms on this webpage, all purchases made on the site are subject to m80artists.com’s Terms of Use.   The t
erms of use are incorporated by reference in and expressly deemed a part of these terms. We strongly encourage you to review the terms of use thoroughly and completely before you enter into any purchase transactions on the site.


User Content
You are responsible for any user content you post to the site. “user content” means any content you post to the site or provide to m80artists.com to post to the site, which may include reviews, comments, uploaded images, quotes, participation in curating or voting and other such features that allow you to add content to the site. With respect to user content, you may not: (a) provide user content that you do not have the right to submit, including content covered by a third party’s copyright or other proprietary right (to the extent you provide content covered by a third party’s copyright or other proprietary right but for which you have the owner’s express permission to submit to m80artists.com, you agree to deliver to m80artists.com upon request a copy of such permission; (b) provide material or artwork as to which you have not obtained the necessary licenses, consents and releases to permit you or m80artists.com to display, reproduce and sell such material or artwork; (c) forge headers or manipulate other identifiers in order to disguise the origin of any user content; (d) provide any user content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; (e) provide user content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (f) impersonate anyone else or lie about your affiliation with another person or entity in your user content; (g) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your user content; (h) provide user content that disparages us or our vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates; (I) transmit or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of united states export control laws; (j) attempt to interfere in any way with the site’s or m80artists.com’s networks or network security, or attempting to use the site’s service to gain unauthorized access to any other computer system.
Except as otherwise specifically provided herein, you grant m80artists.com a worldwide, nonexclusive, transferable, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media any user content you submit, post or provide to m80artists.com. You represent and warrant that you own or otherwise control all of the rights to such user content, such user content is accurate, use of such user content does not violate these terms or any law or regulation, and such user content will not cause injury to any person or entity. We retain the right but not the obligation to monitor and edit or remove any user content or activity by you on the site. User content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be included in any user content, nor do we vouch for the accuracy or reliability, usefulness, safety or intellectual property rights of any user content. We take no responsibility and assume no liability for any user content posted by you or any third party.

Copyright Infringement Policy
M80artists.com respects copyright laws and expects all users of the site to do likewise. Therefore, we have adopted a policy that permits us to terminate, under appropriate circumstances and at our sole discretion, the account of any user who infringes our intellectual property rights or the intellectual property rights of any third party. If you believe that any material on the site infringes upon a copyright that you own or control, you may notify our designated copyright agent (set forth below). Please include the following written information in your notice: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a reasonably detailed description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or applicable law; and (vi) a statement by you, made under penalty of perjury, that the foregoing information in your notice is accurate and that you own the copyright or control the copyright and are authorized to act on the copyright owner’s behalf.


Copyright agent:
m80artists.com, ART & ABETTING INC.
Attn: copyright claims
123 Town Square Place, Box 643
Jersey City, NJ 07302
Email: m80artists@gmail.com


Linked Websites
As a convenience to you, the site may provide, or third parties may provide, links to other websites or resources. These links do not imply endorsement by m80artists.com, and we are not responsible for the availability of or the content contained in any linked site. You further acknowledge and agree that m80artists.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


Disclaimers and Limitation of Liability
You understand and agree that your use of the site is at your sole risk. This site and the information, services, products, and materials available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, m80artists.com and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
M80artists.com does not make any warranty that (a) the site or its content will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, free of viruses or other contaminating or harmful components, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (d) that defects, if any, will be corrected. You agree that m80artists.com shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein including but not limited to loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of m80artists.com, its affiliates, its licensors, or a user’s own errors and/or omissions.
You expressly agree that use of the site and any service offered via the site, including all content or data distributed by, downloaded or accessed from or through the site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content and/or data.
You acknowledge that m80artists.com does not control in any respect any information, products, or services offered by third parties on or through the site. Except as otherwise agreed in writing, m80artists.com and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through the site.
You acknowledge that, although m80artists.com takes precautions to protect personal information (as may be further set forth in our privacy policy), m80artists.com makes no warranty or representation that confidentiality of information transmitted through or stored on the site, or transmitted over the internet generally, will be maintained.
No advice or information, whether oral or written, obtained by you from m80artists.com or through or from the site shall create any warranty not expressly stated in these terms or in another written agreement between you and m80artists.com.
Although m80artists.com utilizes commercially reasonable efforts to accurately display the colors of all images on the site, individual computer monitors or other devices may display colors differently. You acknowledge and agree that m80artists.com is not responsible for the color accuracy of any images displayed on the site. M80artists.com disclaims all liability in this regard.
In no event shall m80artists.com, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from m80artists.com, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to m80artists.com’s records, programs or services. In no event shall the aggregate liability of m80artists.com, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation, if any, actually paid by you to m80artists.com during the the three months immediately preceding the time that the damages or loss first occurred.

Indemnity
You agree to defend, indemnify and hold harmless m80artists.com and m80artists.com’s officers, directors, employees, agents and licensors from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to attorney’s fees, expert witness fees, and costs of litigation arising out of, based on or in any way connected with (a) content you submit, post to or transmit through the site, (b) your use of the site, (c) your connection to the site, (d) your violation of these terms or (e) your violation of any rights of a third party.

Termination
You agree that, notwithstanding any of these terms, m80artists.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any content you may have contributed to the site, at any time for any reason or no reason. M80artists.com also may, in its sole discretion and at any time, discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of these terms may be effected without prior notice and acknowledge and agree that m80artists.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on the site. Further, you agree that m80artists.com shall not be liable to you or any third party for any termination of your access to the site. Should you object to any terms or conditions or become dissatisfied with the site in any way, your sole recourse is to immediately discontinue your use of the site and/or terminate your account.
Applicable law and dispute resolution
Any dispute regarding these terms, the site or any service offered by m80artists.com through the site shall be governed by the internal laws of the state of new jersey (without regard to such state’s conflict of laws principles) and applicable united states federal law, including title 17 of the united states code, as amended. Application of the united nations convention on contracts for the international sale of goods is expressly disclaimed by you and m80artists.com. The parties agree to accept the exclusive jurisdiction of the state courts located in hudson county, new jersey, and the federal courts located in newark, new jersey, provided, however, that at m80artists.com’s election, which election may be made at any time prior to the commencement of a judicial proceeding by m80artists.com, or, in the event of a judicial proceeding instituted by you, at any time prior to the last day to answer and/or respond to a summons and/or complaint made by you, be resolved by binding arbitration in accordance with the rules and the commercial arbitration rules of the american arbitration association before one arbitrator in hudson county, new jersey, which arbitrator shall have the power to award recovery of all costs and fees.


General
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms. M80artists.com may assign all or any part of its rights and responsibilities hereunder at any time and from time to time without notice to you. The failure of m80artists.com to exercise or enforce any right, remedy or provision of these terms will not constitute a waiver of the right, remedy or provision. M80artists.com’s failure to act with respect to a breach by you or others does not waive m80artists.com’s right to act with respect to subsequent or similar breaches. If any provision of these terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of these terms shall in no way be affected or impaired. These terms, including our privacy policy and any other terms and/or conditions incorporated herein by reference, together with any other written agreements that you and m80artists.com may enter into as to any particular service, constitute the entire agreement between you and m80artists.com with regard to the subject matter of these terms and the applicable services, and supersede all other communications, electronic, written or oral, with regard to the subject matter of these terms and the applicable services.


International use
We control, administer and operate the site from locations within the united states of america, and all information is processed within the united states. We make no representation that the site, the materials or any element thereof are appropriate or available for use in other countries. Persons who choose to access the site from locations outside the united states do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable. You understand and agree that these terms, any other documents relating hereto, including notices, and written materials in connection with resolution of a dispute have been and shall be written in the english language.