ARTONPORCELAIN.NET TERMS OF USE

Welcome to ArtOnPorcelain.net(hereby referred to as the "Site"), owned and operated by ArtOn Porcelain, LLC. By accessing ArtOnPorcelain.net you agree to the following Terms of Use. These Terms of Use are effective as of January 1st, 2011.

ArtOnPorcelain.net is an online marketplace where members can buy and sell products and services autonomously. By using the ArtOnPorcelain.net website you agree to be bound by the following terms of use.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.ARTONPORCELAIN.NET (THE "SITE") AND ALL SERVICES PROVIDED BY ARTONPORCELAIN, LLC ON THE SITE. PLEASE READ THESE TERMS OF USE (or "AGREEMENT" or ? USER AGREEMENT?) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ArtOnPorcelain.net. ("ARTON PORCELAIN, LLC").

The Terms of Use cover the contractual relationship between Art On Porcelain, LLC, (ArtOnPorcelain.net) and users/members of ArtOnPorcelain.net and its services. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you" or ?member?) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content/information, and other materials or services on the Site.

All users must agree to, and comply absolutely with the terms and conditions set forth by this document. Use of the site constitutes agreement to comply with these terms of use.

If you have any questions, please refer to the Help section of the Site.
These Terms of Use come into effect when using or registering on ArtOnPorcelain.net. By clicking on the? I Agree? Button, you agree to be bound by these Terms of Use.

Using ArtOnPorcelain.net You accept ArtOnPorcelain.net "as-is" and choose to use it at your own risk. Despite the prohibitions below, ArtOnPorcelain.net may contain inaccurate, inappropriate, or possibly offensive material; we assume no responsibility or liability for such material.

ArtOnPorcelain.net acts as a venue or cyber meeting place to allow users who comply with ArtOnPorcelain.net policies to display, sell, and buy certain goods within a fixed-price format.ArtOnPorcelain.net is not directly involved in the transaction between buyers and sellers. As a result, ArtOnPorcelain.net has no control over the quality, safety, morality, or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. ArtOnPorcelain.net does not pre-screen users, content, or information provided by its users. ArtOnPorcelain.net cannot ensure that a buyer or seller will actually complete a transaction. Consequently, ArtOnPorcelain.net does not transfer legal ownership of items from the seller to the buyer.

ArtOnPorcelain.net cannot guarantee the true identity, age, and nationality of a user. ArtOnPorcelain.net encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

All users of ArtOnPorcelain.net must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. ArtOnPorcelain.net will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. You agree that ArtOnPorcelain.net is a venue and as such is not responsible or liable for any and all conduct and activity that pertains to postings on ArtOnPorcelain.net, including images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted by you or outside parties and displayed on ArtOnPorcelain.net. You use the ArtOnPorcelain.net service at your own risk.

MEMBERSHIP ELIGIBILITY

Age: Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 18. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms of Use.

You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ArtOnPorcelain.net may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, or change its eligibility criteria at any time. ArtOnPorcelain.net shall not be held responsible for any damages incurred by non-commitment to this policy.

Individuals under the age of 18 must at all times use ArtOnPorcelain.netservices only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this as in all cases, the adult is the user and is responsible for any and all activities.

Compliance: Users hereby agree to act in accord with and compliance to local, national and international laws regarding acceptable content, commerce, and conduct. You are responsible for all applicable taxes. In addition, you must abide by ArtOnPorcelain.net's policies as stated in this Agreement and the ArtOnPorcelain.net policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ArtOnPorcelain.net, each of which is incorporated herein by reference and each of which may be updated by ArtOnPorcelain.net from time to time without notice to you:
ArtOnPorcelain.netGuidelines("The Do’s and Don’ts")
AOP Fee Policy
AOP Privacy Policy
AOP Copyright & Intellectual Property Policy
AOP ­ API Terms of Use Agreement

ARTONPORCELAIN.NET GUIDELINES: THE DO’S AND DON’TS

In addition, ArtOnPorcelain.net may subject users to additional terms and conditions on some services offered on or through the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: You must use every effort to keep your password safe and should not disclose it to any other person. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ArtOnPorcelain.net of any unauthorized use of your password or any breach of security. You also agree that ArtOnPorcelain.net cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You shall also not permit, either directly or indirectly, any other person to utilize your User Name or password without ArtOnPorcelain.net's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ArtOnPorcelain.net you must provide and maintain a valid e-commerce checkout and payment solution account like PayPal, Amazon Payments or Google Checkout.

Account Transfer: You shall not transfer or sell your ArtOnPorcelain.net account User ID to any other party. If you are registering as a business entity, you personally guarantee that you have the authority to bind that entity to this Agreement.

Right to Refuse Service: ArtOnPorcelain.net reserves the right to delete accounts that have not completed the registration process, e.g. invalidated registrations. ArtOnPorcelain.net reserves the right, atArtOnPorcelain.net's sole discretion, to cancel unconfirmed or inactive accounts, for any reason at any time.

Access to basic member functions and usage of the site is free for all users. It is the sole discretion of ArtOnPorcelain.net to grant site usage, as well as to revoke site usage at any time, for any reason, and without notice to you. By your use of the site, you agree that ArtOnPorcelain.net is not liable to you or any third party for the termination of your account, or restriction from website usage.

ArtOnPorcelain.net retains the right to refuse service to any member and suspend any users account at its sole discretion. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ArtOnPorcelain.net if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content, and policy violations by emailing us at security@ArtOnPorcelain.net

SUSPENSION, RECALL AND CANCELLATION

If ArtOnPorcelain.net suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the AOP Privacy Policy and ArtOnPorcelain.net Guidelines , or other policy documents and community guidelines incorporated herein; ArtonPorcelain reserves the right to cancel, suspend, or otherwise block member's access to the Site. Furthermore, if ArtOnPorcelain.net is unable to verify or authenticate any of your personal information or questions are raised about a user's Content, ArtOnPorcelain.net reserves the right to block or suspend a user's account and Site accessibility. Finally, if ArtOnPorcelain.net believes that a user is acting inconsistently with the letter or spirit of ArtOnPorcelain.net policies, has engaged in improper or fraudulent activity in connection with ArtOnPorcelain.net, or that a user's actions may cause legal liability or financial loss to ArtOnPorcelain.net's users or to ArtOnPorcelain.net, ArtonPorcelain.net reserves the right to cancel or block user access to the site without prior notice.

Without limiting any other remedies, ArtOnPorcelain.net may, without notice, and without refunding any fees, delay or immediately remove Content, warn the ArtOnPorcelain.net community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit user access to the Site, and/or take technical and legal steps to keep a user off the Site.? ArtonPorcelain.net may also refuse to provide services to a user if any of the following apply:

1. Without limiting other remedies, we may take any of the following actions without notice to you if you breach these Terms of Use or legal regulations or if we believe that your actions may cause us or our members financial loss or legal liability:

  1. Remove and delete any of your item listings or other content provided by you at ArtOnPorcelain.net

  2. Issue a warning

  3. Limit your use of ArtOnPorcelain.net

  4. Suspend or terminate your registration and refuse to provide our services to you

2. ArtOnPorcelain.net reserves the right to irrevocably suspend your registration and to refuse services to you without notice, if
  1. The feedback you received contains repeatedly negative ratings

  2. You provide false contact data, e.g. false or invalid email address, postal address, payment data

  3. You transfer your account to a third party or any other person

  4. If you damage other members or ArtOnPorcelain.net, or abuse services of ArtOnPorcelain.net

  5. For any other reason, at the discretion of ArtOnPorcelain.net

3. ArtOnPorcelain.net reserves the right to cancel this User Agreement at any time and for any reason without notice to users.
4. Suspended members are not permitted to use ArtOnPorcelain.net or create a new member account. 5. You can cancel the User Agreement (and thus terminate your membership) at any time by sending an e-mail to service@ArtOnPorcelain.net.

Due to the nature of our membership service, all fees and charges are nonrefundable even those for partially used periods. Occasionally, we may provide a free time period or other service of value in the form of a credit. The amount and form of such credits, and the decision to award them, are at ArtonPorcelain's sole discretion. The creation or award of credits in certain situations does not entitle a user or other users to any credits in the future for similar instances, nor does it obligate ArtOnPorcelain.net to award credits indefinitely.

CANCELLATION / RETURN OF FUNDS:

We may change the fees and charges, or add new fees and charges from time to time at our sole discretion, but users will be given advance notice of these changes through the e-mails provided on user accounts.

Your Advanced and Pro membership will stay in effect, continuing to accrue charges, unless and until you cancel your membership or we terminate it. You must downgrade your membership via the control panel downgrade page.

You cannot fully cancel your account (or completely remove even your basic account) until you have downgraded it first. All downgrade requests must be made via the control panel to confirm the user identity and maintain security.

Members can downgrade their package subscription 24 hours before the expiration of the package subscription. We do not provide refunds for partial subscriptions. So if you cancel with days left on your account you will lose them. As an Advanced and Pro memberonArtOnPorcelain.net termination of your advanced or pro membership (downgraded to basic) will be effective immediately. Though it is not our policy to do so, we reserve the right to cancel your Advanced or Pro account for any reason.

Basic users may request inactivation of their account at any time. Inactivation eliminates the seller functionality while retaining the ability to log in, purchase and post in ArtOnPorcelain.net forums. A request for cancellation of a free account will be interpreted as requesting inactivation of seller functionality. Accounts that are inactive for an extended period may be deleted. Records of deleted accounts and users may be maintained, however, the same or another user may use the username or studio name of a deleted account again.

SELLING AND LISTING

  • Registered site members can create their 'personal shop' on ArtOnPorcelain.net. All items and offers of a member will be listed in this shop. Sellers are solely responsible for all items listed in their shop and for compliance with legal regulations.
  • When setting up a 'shop' at ArtOnPorcelain.net, you choose a User Name and a Shop name. The User Name and Your Shop Name shall not infringe any third party's rights, be immoral, or otherwise offensive or obscene. In cases where the Site becomes aware of names in violation of the law or spirit of theArtOnPorcelain.net community, we reserve the right to alter the user name and or shop name or to delete the shop altogether.
  • All sellers are urged to outline individualized shop policies for their ArtOnPorcelain.net shops. These policies may include, for example, shipping, returns, payment, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Information provided by you in the course of setting up a shop should be true, accurate and complete to the best of your knowledge. You are obliged to update this data as necessary. All shop policies must comply with ArtOnPorcelain.net's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies and ArtOnPorcelain.net reserves the right to request that a seller modify a shop policy.
  • The price stated in each item listing description must be an accurate representation of the sale. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The purchase contract is formed when a member complies with the conditions specified in the offer and clicks the 'Buy' button in the shopping basket. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items but these charges should not be excessive. Sellers may not alter the item's price after a sale, misrepresent the item's location, or use another user's account without permission.
  • ArtOnPorcelain.net reserves the right to introduce functions allowing sellers and potential purchasers to negotiate the price of an item.
  • By listing an item on the Site you warrant that all aspects of the item comply with ArtOnPorcelain.net published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your ArtOnPorcelain.net shop. Items must be listed in an appropriate category with appropriate tags. Your items and all terms of sale must be described with text description graphics, pictures and other content relevant to the sale of that item. Each listing and all information relevant to the purchase decision must be true, and accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. You are responsible for ensuring that you have the right to use all content on your listing and that ArtOnPorcelain.net has the right to host it on our servers. All content may only refer to the offer listed and may not advertise goods not listed on ArtOnPorcelain.net. As a seller on ArtOnPorcelain.net offering goods and services to consumers, you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.
  • All information related to payment, delivery and delivery time must be complete. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased.
  • Sales prices indicated need to be gross prices, containing potential and further charges. Shipping and delivery fees are not part of the sales price. As a seller you shall not charge ArtOnPorcelain.net fees to the buyer.
  • ArtOnPorcelain.net reserves the right to delete items if an item infringes legal regulations, these Terms of Use or the principle and rules of ArtOnPorcelain.net.

FEES AND TERMINATION

  • We don't charge any listing or re-listing fees and no final valuation fees to any of our members. In fact, if you choose to set up a shop at ArtOnPorcelain.net and use the (free) Basic Studio for Registered Users, or NON-Profit and Basic Teacher Studios,you can list and sell your items without paying us anything. We provide these free accounts because we want to help grow your business; when you are ready you can upgrade to an Advanced or PRO Studio package. You are welcome to sell with your (free) account without any obligation to upgrade in the future.
  • When you choose to grow your business you can upgrade your (free) account to our Advanced or PRO Studio level for more selling features and tools. The upgrade is a no-contract subscription that can be canceled at any time. The subscription fee and duration depend on the package the user selects while upgrading or downgrading the package.
  • The AOP Fee Policy< which is subject to change is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for ArtOnPorcelain.net services are effective after ArtOnPorcelain.net provides you with at least seven days notice by posting the changes on the Site. However, ArtOnPorcelain.net may choose to temporarily change the Fees Policy and the fees for ArtOnPorcelain.net services for promotional events (for example, free listing days); such changes are effective when ArtOnPorcelain.net posts the temporary promotional event on the Site. ArtOnPorcelain.net may, at ArtOnPorcelain.net's sole discretion, change some or all of ArtOnPorcelain.net services at any time. In the event ArtOnPorcelain.net introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
  • ArtOnPorcelain.net does not keep payment information on file. ArtOnPorcelain.net uses the PayPal billing system to keep the credit card and other payment details. When you signed up for your membership, you chose a credit card as your method of payment. The package payment is always taken through a credit card and the card information is stored with the PayPal system. Payment details will be on the PayPal site. No invoice will be generated for the user in fact the payment will be auto deducted like in a subscription site. If you signed up on the 4th of the month then the payment will be automatically deducted from your credit card on the 4th of the month. You will see the fee on your billing information from the credit card you provided at sign up.
  • If, at any time, you change any information on your, PayPal account (i.e. card number or address), PayPal will automatically cancel your subscription. If this happens, you will need to set up a new method of payment or re-enter your PayPal information.
  • You must pay your Art on Porcelain bill on time to avoid penalties, including but not limited to: suspension of listing privileges and/or account termination. In case any subsequent payment is not received by the PayPal system from the credit card you entered at the time of membership when you try to log into the site, you will be taken to a page where you will directed to contact the site admin.
  • Members who do not comply with Art on Porcelain policies may be subject to review, which can result in suspension of account privileges and/or termination of membership. Suspended or terminated members remain obligated to pay Art on Porcelain for all unpaid fees per our Terms of Use.
  • IfArtOnPorcelain.net terminates your listing or your entire account, or if you close your account, you remain liable toArtOnPorcelain.net for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges, termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact ArtOnPorcelain.net.

PROHIBITED ITEMS, ACTIVITIES AND INFRINGMENTS

As a user of ArtOnPorcelain.net you are solely responsible for your conduct. You are liable for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on ArtOnPorcelain.net.
Your use of ArtOnPorcelain.net SHALL NOT:

  • Be misleading, false or, inaccurate in any way
  • Be obscene or contain or send child pornography in any form
  • Host images or content not part of a listing
  • Involve the sale of stolen, counterfeit and/or illegal, items on or thru the use of ArtOnPorcelain.net
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information
  • Hack modify or adapt ArtOnPorcelain.net or create and or modify another website to imply falsely that it is affiliated with ArtOnPorcelain.net.
  • Infringe on any copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, ArtOnPorcelain.net AOP Copyright and Intellectual Property Policy
  • Violate this Terms of Use, any site guidelines, policy, statute, ordinance, regulation or any applicable law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Unlawfully defame, libel, threaten, harass, impersonate or intimidate any person (including ArtOnPorcelain.net staff or other users) in any way.
  • Falsely misrepresent or state your affiliation with any person, i.e. using similar email address, graphics, names, nicknames, or create false account(s) or by any other method or device
  • Create liability for ArtOnPorcelain.net or cause to lose (in whole or in part) the services of ArtOnPorcelain.net's ISPs or any other suppliers
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, Guidelines or Privacy Policy or any other policy documents as posted on ArtOnPorcelain.net.
  • Contain items that have been identified by the International or US Consumer Products Safety Commission (CPSC http://www.cpsc.gov/) subject to recall for being hazardous to consumers in any way.
  • Furthermore, you may not list any item on ArtOnPorcelain.net (or consummate any transaction that was initiated using ArtOnPorcelain.net's service) that, by paying to ArtOnPorcelain.net the listing fee could cause ArtOnPorcelain.net to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

PROHIBITED ITEMS:
ArtOnPorcelain.net provides a marketplace for crafters, artists and collectors to sell their handmade creations, antique goods and art supplies. Shops belong to individuals, but a small group can run an ArtOnPorcelain.net as a collective shop. See ArtOnPorcelain.net Guidelines.

The FOLLOWING ITEMS ARE PROHIBITED ON ARTONPORCELAIN.NET:

  • ANY ITEM THAT DOES CONTAIN PORCELAIN, UNLESS IT IS USED IN PORCELAIN RELATED ACTIVITIES (eg., a porcelain cleaning solution), OR IS AN ANTIQUE
  • Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
  • Alcohol
  • Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
  • Any item that, in whole or in part, is subject to a recall.
  • Any product or service that ArtOnPorcelain.net determines to be inappropriate, harmful, fraudulent, or illegal.
  • Articles under embargo
  • Commercial papers (particularly shares), money market or financial instruments, credit, loans and financial aid
  • Drugs, drug-like substances, drug paraphernalia
  • Dangerous Chemicals
  • Explosives
  • Firearms and weapons
  • Fireworks
  • Harmful, harassing, intimidating or defamatory materials, products or items.
  • Hazardous materials, products, or items.
  • Human organs
  • Illegal, counterfeit or contraband items of any sort.
  • Items made with child labor
  • Items not in your possession or items you don't intend to deliver.
  • Items that instruct others to engage in illegal activity
  • Items you may own, but whose use is prohibited
  • Items that promote or glorify hatred, or racial or religious intolerance
  • Items, materials or products that are copyrighted, trademarked or patented by another party.
  • Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
  • Items whose sale or distribution contravenes trademark rights or ancillary copyright, industrial property rights (e.g. brands, patents, utility models and registered designs) or other rights (e.g. picture, name and personal rights).
  • Ivory or animal products from endangered species collected illegally
  • Live animals or illegal animal products
  • Mailing lists, or compilations of personal data
  • Mass produced electronics
  • Mature items intended for adults due to language or imagery that falls outside of the traditional acceptable standards for broadcast television ?or that are not properly identified as mature in the listing process.
  • Medicines
  • Medical products whose sale is prohibited by law
  • Motor vehicles (automobiles, motorcycles, boats, etc.)
  • Misrepresented items or products.
  • Multilevel marketing, pyramid and matrix schemes
  • Personal data or information.
  • Pirated materials.
  • Promissory notes and legal titles as well as other debts for collection arising from legal or illegal transactions
  • Propaganda articles and items displaying the distinguishing marks of unconstitutional organizations
  • Protected antiquities
  • Prostitution or other similar services.
  • Radioactive substances, poisonous and explosive substances, as well as all dangerous chemicals
  • Real estate and equivalent rights
  • Replica items, including designer items.
  • Stolen Items
  • Travel vouchers, plane, train or bus tickets
  • Tobacco in any form

You grant ArtOnPorcelain.net a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content in accordance with ArtOnPorcelain.net’s AOP Privacy Policy.You agree to allow ArtOnPorcelain.net to store or re-format and display your content on ArtOnPorcelain.net in any way.

You may obtain personal information, including email address and shipping information from another ArtOnPorcelain.net user. You may not, without obtaining prior written permission from the other user, use their personal information for anything other than the transaction on ArtOnPorcelain.net. ArtOnPorcelain.net does not grant you a license to use any information for unsolicited commercial messages or sell other user's information for marketing or any other purposes without express written consent from the user. You cannot add any ArtOnPorcelain.net users to your email or physical mail list. For more information, see ArtOnPorcelain.net AOP Privacy Policy.

It is possible for an outside website or a third party to re-post content on ArtOnPorcelain.net. You will agree to hold ArtOnPorcelain.net harmless for any dispute concerning this use.

Any idea submissions or unsolicited suggestions, ideas, proposals or other material submitted to ArtOnPorcelain.net or its users via the Site or otherwise,(for example through the Blog?s, guilds or to customer support) will be regarded as non-proprietary and non-confidential, and ArtOnPorcelain.net shall not be liable for the disclosure or use of such Material. If, ArtOnPorcelain.net requests, and or any member sends Material to improve the site), ArtOnPorcelain.net will also consider that Material to be non-confidential and non-proprietary and will not be liable for use or disclosure of the Material.

Any communication by you to ArtOnPorcelain.net is subject to this Agreement. You hereby grantArtOnPorcelain.net, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Although our site tries to encourage standards of civility, ArtOnPorcelain.net does not control content provided by users that is made available onArtOnPorcelain.net. You may find content that may be offensive, inaccurate, deceptive or harmful. There are also risks of dealing with underage persons or people acting under false pretenses or of dealing with foreign nationals and international trade. By using ArtOnPorcelain.net, you agree to accept all such risks and that ArtOnPorcelain.net (and ArtOnPorcelain.net's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ArtOnPorcelain.net. Please use caution, common sense, and practice safe buying and selling when using ArtOnPorcelain.net. See our how to Avoid Internet Scams guide for helpful information.

ArtOnPorcelain.net is not responsible for outside websites or their availability of other resources referenced or linked to ArtOnPorcelain.net. You understand that ArtOnPorcelain.net does not endorse and is NOT responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ArtOnPorcelain.net 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Usernames, Account names, Usage, Squatting and ArtOnPorcelain.net Reserved Rights: All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of ArtOnPorcelain.net. ArtOnPorcelain.net reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs determined by the community. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.

MEETINGS:
Users may arrange to attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with ArtOnPorcelain.net policies and agree to comply with the laws of the city, county and country in which the Meeting occurs. The group's contact person may set additional eligibility requirements for a particular group or Meeting. ArtOnPorcelain.net is not involved with user generated groups, the groups' requirements, or the Meetings.

ArtOnPorcelain.net does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that ArtOnPorcelain.net does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. See our how to Avoid Internet Scams Guide for helpful information.

Some user-generated groups on ArtOnPorcelain.net may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ARTONPORCELAIN.NET IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ARTONPORCELAIN.NET; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ARTONPORCELAIN.NET, AND ARTONPORCELAIN.NET HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, MEETINGS, OR LEADERSHIP OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ARTONPORCELAIN.NET IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ARTONPORCELAIN.NET USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

DISPUTE RESOLUTION:
For disputes between users and ArtOnPorcelain.net, please contact ArtOnPorcelain.net directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

While we try and maintain a safe, free trade environment, ArtOnPorcelain.net has no obligation to mitigate or resolve disputes between users and other parties. Should you have a dispute with one or more users, or an outside party, you release ArtOnPorcelain.net (and ArtOnPorcelain.net's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ArtOnPorcelain.net will be held harmless of any and all claims, damages or demands created by the dispute. ArtOnPorcelain.net encourages users to use the proper local, national or international authorities to assist in dispute resolution and encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. On some occasions, ArtOnPorcelain.net, for the benefit of users, may try to help users resolve disputes. ArtOnPorcelain.net does so at ArtOnPorcelain.net?s sole discretion, and ArtOnPorcelain.net has no obligation to resolve disputes between users or between users and outside parties. To the extent that ArtOnPorcelain.net attempts to resolve a dispute, ArtOnPorcelain.net will do so in good faith based solely on ArtOnPorcelain.net policies. ArtOnPorcelain.net will not make judgments regarding legal issues or claims.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Maricopa County, Arizona, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the state of Arizona. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and ArtOnPorcelain.net agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within thirty (30) days after the cause of action arose; otherwise, such cause of action is permanently barred.

ACCESS AND INTERFERENCE:
ArtOnPorcelain.net may contain robot exclusion headers, which contain internal rules for software usage. Much of the information on ArtOnPorcelain.net is updated on a real-time basis and is proprietary or is licensed to ArtOnPorcelain.net by ArtOnPorcelain.net users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access ArtOnPorcelain.net for any purpose whatsoever, except to the extent expressly permitted by and incompliance with ArtOnPorcelain.net's AOP-API Terms of Use or otherwise without ArtOnPorcelain.net prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, at ArtOnPorcelain.net's sole discretion, an unreasonable or disproportionately large load on ArtOnPorcelain.net infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) except as set out in the ArtOnPorcelain.net Guidelines. or as expressly permitted by and in compliance with ArtOnPorcelain.net's AOP?API Terms of or otherwise without the prior express written permission of ArtOnPorcelain.net and the appropriate third party, as applicable
  • Bypassing ArtOnPorcelain.net's robot exclusion headers or other measures that ArtOnPorcelain.net may use to prevent or restrict access to ArtOnPorcelain.net.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

The ArtOnPorcelain.net AOP Privacy Policy forms part of this User Agreement. ArtOnPorcelain.net stores and processes content on computers located in the United States that are protected by physical as well as technological security.

The ArtOnPorcelain.net AOP Privacy Policy forms part of this User Agreement. ArtOnPorcelain.net stores and processes content on computers located in the United States that are protected by physical as well as technological security.

LIABILITY LIMIT AND WARRANTY:
To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ArtOnPorcelain.net even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may 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.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to twenty five US dollars.

By accessing this site, the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to ArtOnPorcelain.net for services.

IN NO EVENT SHALL ARTONPORCELAIN.NET, AND (AS APPLICABLE) ARTONPORCELAIN.NET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTONPORCELAIN.NET'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTONPORCELAIN.NET'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ArtOnPorcelain.net, ArtOnPorcelain.net subsidiaries, officers, directors, employees, and ArtOnPorcelain.net suppliers provide ArtOnPorcelain.net web site and services "as is" and without any warranty or condition, express, implied or statutory. ArtOnPorcelain.net, subsidiaries, officers, directors, employees and ArtOnPorcelain.net suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from ArtOnPorcelain.net shall create any warranty.

INDEMNITY:
You will indemnify and holdArtOnPorcelain.net, owned and operated by Art on Porcelain, LLC (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

NO GUARANTEE ACCESS:
ArtOnPorcelain.net does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ArtOnPorcelain.net's control.

LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ArtOnPorcelain.net service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on ArtOnPorcelain.net's net income).

SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. The laws of Arizona there from shall govern these terms and any dispute arising from them.

INDEPENDENT CONTRACTORS
You and ArtOnPorcelain.net are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

ARTONPORCELAIN.NET SERVICE
ArtOnPorcelain.net reserves the right to modify or terminate the ArtOnPorcelain.net service for any reason, without notice, at any time. ArtOnPorcelain.net reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If ArtOnPorcelain.net makes a material change,ArtOnPorcelain.net will notify you here, by email, by means of a notice on our home page, or other places ArtOnPorcelain.net deems appropriate. What constitutes a "material change" will be determined at ArtOnPorcelain.net?s sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW
This Agreement shall in all respects be interpreted and construed with and by the laws of the State Arizona, excluding its conflicts of laws/rules, and the United States of America.

NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to ArtOnPorcelain.net; Attn: Legal Department; 708 E Prescott Drive, Chandler, AZ 85249 (in the case of ArtOnPorcelain.net) or, in your case, to the email address you provide to ArtOnPorcelain.net (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ArtOnPorcelain.net may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ArtOnPorcelain.net. In such cases, notice shall be deemed given three days after the date of mailing.

DISCLOSURES
ArtOnPorcelain.net owned and operated by Art On Porcelain, LLC hereunder offers the services located at 708 E Prescott Drive, Chandler, AZ 85249. If you are anArizona resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

GENERAL
These terms and the other policies posted on ArtOnPorcelain.net constitute the entire agreement between ArtOnPorcelain.net and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ArtOnPorcelain.net, will be governed by a court located in Maricopa County, Arizona. ?If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices

from you to us shall be served on ArtOnPorcelain.net?s national registered agent. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing and signedby Art On Porcelain, LLC.