Date of Last Revision: February 5, 2009

Welcome to Art Frequency, an online art network and marketplace to buy, sell, and share art online.  The Art Frequency service and network (collectively, “Art Frequency” or “the Service”) are operated by Art Frequency, Inc. and its corporate affiliates (collectively, “us”, “we” or the “the Company”).  Through access of our websites, www.artfrequency.com www.artfreq.com (together the “Site”) or posting a Share Button on your own site, you (the “User”) confirm that you have read, understood, and agree to the bindings of the Art Frequency Terms of Use (“Terms of Use” or “Agreement”), if you are not or are a registered member of Art Frequency.  We reserve the right to change, modify, add, or remove any of the components of these Terms of Use at our sole discretion with no further notice.  In case this occurs, the changes will be updated within these Terms of Use including the date of the last revision shown at the top of this page.  If you continue to use the Service or the Site after such modifications have occurred, this use constitutes your acceptance of the new Terms of Use.  If you disagree with the current or updated Terms of Use, discontinue use of the Service and access to the Site.  Checking the Terms of Use on a regular basis and reviewing any changes is your responsibility.  or

PLEASE READ THESE TERMS OF USE AS THEY OUTLINE IMPORTANT INFORMATION DIRECTLY AFFECTING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT DICTATES DISPUTE RESOLUTION.

Membership in the Service and access to the Site is void where prohibited.  Users of this Site are intended to be age thirteen (13) or older.  Users who intend to sell on the Site must be sixteen (16) years or older.  The membership to the Service is void for all users under 13 and sellers under 16. If you are a user under the age of 18, you agree to review the following Terms of use with a parent of legal guardian and agree to the Terms to engage in further use.

The service includes a network and marketplace for buying, selling, and sharing art online including but not limited to setting up a gallery, participating in the creative community via forums, comments, and rating.  You have read, understood, and agree that the Service is provided “AS-IS” or “AS AVAILABLE” and assumes no responsibility for the failure, timeliness, removal or undelivered communications or personalized settings.

Understand and be aware that adult content may be on the site and all users under the age of 18 will see the family safe version of the site.  The Service will patrol the Site as much as possible to remove or change the status of any material on the Site that is not family safe.  Users are also responsible for reporting such material that is inaccurately deemed family safe by emailing abuse@artfrequency.com. 

Registration Obligations

Regarding you use of Art Frequency, you agree to:

• Provide accurate, current, complete, and true information concerning yourself in the Art Frequency registration form and user profile
• Maintain and promptly update your personal information.  If Art Frequency suspects that any information provided is untrue, inaccurate, incomplete, or not current on reasonable grounds, Art Frequency reserves the right to suspend or terminate your account and restrict any further use of the Service.

Member Account, Passwords, and Security

During the registration with Art Frequency, you will be prompted to create a password and confirm that password.  Inside your user profile, you will be able to modify your password after answering the security question set up during the registration.   Your password and account confidentiality is your responsibility and you are responsible for all of the activities that occur within your account.  You acknowledge and agree to:

• Immediately notify Art Frequency of any suspected unauthorized use of your password and account or other breach of security at privacy@artfrequency.com.
• Check to ensure that you are completely logged out from your account at the end of the session

On Art Frequency, there are two types of memberships: free and choice.  There are no obligations with a free membership.  Choice members enjoy more benefits on Art Frequency.  To avoid being charged for the choice membership annual fee, ensure that you cancel your account before your annual membership expires.  It is your responsibility to know when you annual membership expires.  Art Frequency shall not be held liable for any damages or loss due to failure of this compliance.

Member Conduct

All “Content” (all information and media including text, images, audio, video or other materials) that is posted publicly or privately to the Site is sole responsibility of the user from whom the Content originated.  Therefore, the Service does not take responsibility for this Content, but the user is completely responsible for the Content that is uploaded, posted, emailed, and in all other forms made available through the Site.  Because the Service does not hold responsibility or control over the Content, the Service does not guarantee the quality, quantity, affordability, accuracy, authenticity, or knowledge of nature of such Content.    By reading this, you understand the possibility of exposure to Content that is indecent, offensive, or otherwise objectionable.  The Service will not be held liable in any way for any such Content including but not limited to omissions, errors, profanities is any Content, or for any damage or loss as a result of any Content made available through the Service.

The Service and the Site are available and intended for your personal and commercial use. You represent, warrant and agree that materials of any kind uploaded, submitted, posted, shared, or otherwise transmitted through the Site will not violate or infringe upon any third party rights, including copyright, privacy, publicity, trademark, or other personal or proprietary rights or intellectual property; or contain libelous, defamatory or otherwise unlawful material.

You agree not to access any part of the Site that you are unauthorized to access.  You agree to comply with any local law that are in place in your place in the residence including US law.

In addition, you agree not to use the Service or the Site to:

• Upload any Content to the gallery that is not intended for art making ends (for example, photographs of personal everyday life and events not intended for artistic ends);
• Upload any Content that did not originate from you (for example, taking a photograph of another person’s art does not constitute origination);
• in aims for solicitation or other unsolicited information and communication, collect email addresses or other contact information of other users from the Service or the Site by electronic or using other means;
• use the Service or the Site in any illegal form or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art, music, poetry, or video created by you.
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
• upload any art image that is not biblically inspired through personal experience.
  
• upload art that does not uphold biblical principles.
  
• upload art with any nudity of the human figure.
  

Without limiting any of the foregoing, you also agree to abide by our Art Frequency Code of Conduct that provides further information regarding the authorized conduct of users on Art Frequency.

Content Made Available through the Service

Art Frequency does not claim ownership over the Content you submit or make available on the Site.  However, Content that you make available on publicly accessible (areas of the Site intended for the general public) areas of the Site, you grant Art Frequency the world-wide, non-exclusive, and royalty free licence(s), as applicable:

• Regarding Content that you make available through the Service on the publicly accessible areas of the Site, the license to reproduce, distribute, modify, adapt, publicly perform, publicly display or otherwise use such Content on the Site.
• Regarding the Content other than personal photos, graphics, video, or audio you submit or make available through publicly accessible areas of the Site, the binding and continuous and fully sub-licensable license to reproduce, distribute, modify, adapt, publish, translate, publicly display or perform, or otherwise use such Content (in whole or in part) and to include such Content in other works known currently or developed in the future in any size, medium, or format.

Third Party Content, Sites, and Services

Through the Site, Content may be available and provided through the Service that may provide further access or links to third party content that are entirely independent of the Site and Service including all servers, web sites, networks, directories, systems, information stored on databases, and the Internet as a whole. 

All interactions in which you participate with third parties through the Service or not, including business transactions and delivery of goods and services, including all other terms, conditions, representations, or warranties associated with such dealings, are solely between you and the third party, organizations or individuals.  If you feel that an investigation is necessary before engaging in business dealings with any of these third parties, it is your responsibility to do so.

You understand and agree that Art Frequency will and shall not be held responsible or be liable for any damage or loss that may be experienced or incurred as a result of dealings with third parties.  If a dispute arises between Art Frequency users and any third parties, you understand and agree that Art Frequency has no obligation to take action.  In the event that a dispute arises between you and one or more users of the Site, you hereby release Art Frequency, it’s officers, employees, agents, and successors in rights from any claims, demands and damages (actual and consequential) of every form, unknown or known, disclosed or undisclosed, anticipated or unanticipated, arising from or related to such disputes and the Service.  If you are a legal resident of California, you hereby waive California Civil Code Section 1542, which outlines: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Trademarks

ART FREQUENCY, ARTFREQUENCY, ART FREQ, AND ARTFREQ other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Notification of Claims of Copyright Infringement

If you suspect that your copyrighted Content has been copied or compromised in a way that constitutes copyright infringement or that there has been a violation of your intellectual property rights, please notify Art Frequency for notice of claims of copyright or intellectual property infringement (“Agent”), at abuse@artfrequency.com. 

Please provide the following information in the Notice:

a)     Identification of the alleged infringing material on the Site in detail, so that we can locate and identify the material on the Site;

b)     A statement of good faith from you of your belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

c)     A statement of declaration under penalty of perjury that:

1.     The information detailed in the Notice is accurate to the the best of your knowledge.

2.     That you are the copyright owner or the user from whom the Content origination or an authorized agent acting on behalf of the copyright owner.

d)     Your email address, your residential address, and telephone number

e)     Your signature both in hard copy and electronic form.

Art Frequency will remove the infringement, subject to the DMCA (Digital Millennium Copyright Act) procedures.

Privacy and Information Disclosure

Art Frequency has created da Privacy Policy to outline user rights with their information which can be located http://artfrequency.com/privacypolicy.html.  By using the Site, you hereby acknowledge and agree to the Privacy Policy.  By using the Art Frequency site, you acknowledge your understanding and acceptance of this Privacy Policy.  You acknowledge that under the law, Art Frequency may be required to disclose certain information at its sole discretion such as IP address, email address, timestamps, and other user information in good faith that such a disclosure may lead to the following result:  the compliance with law, enforcement of the Terms of Use, response to claims from any third party that Content regarding specific contact information (e.g. phone number, street address) has been posted concerning them without consent or as a form of harassment, protection of rights, property, or the personal safety of Art Frequency, its users or the general public.

Selling on Art Frequency

As an Art Frequency user selling any products or services, you (“Seller”) acknowledge and agree that you must be 16 years or older and provide Art Frequency with a valid credit card or bank account.  As a Seller, you give Art Frequency the license to distribute your work as Art Sharing Cards when you select that availability option upon uploading your work.  With all art that you sell, you will earn profit.  As a Seller, you agree to promptly ship (please see shipping) the correct order of original art work in good faith, provide the customer and Art Frequency with a complete tracking number, and accept the funds thereafter.  If deemed appropriate by Art Frequency, Art Frequency and its designees hold the right to issue a refund to customers without Seller consent.   In the case of a reversal or chargeback, you agree to reimburse Art Frequency for the appropriate funds.  You agree to pay all fees in a timely manner.

Buying on Art Frequency

Users can buy products on Art Frequency using a valid credit card or a PayPal system.  You must be a registered member to purchase a product on Art Frequency.  The price set at the time of the order is fixed.  Once an order has been submitted, you may not cancel it.  It is the responsibility of the buyer (“Customer”) to ensure a correct delivery address.  Art Frequency does not hold responsibility for error in delivery if the delivery is incorrect or inappropriate.

No Spam Policy

You understand and agree that the sending of any email advertisements or unsolicited mail to Art Frequency email addresses or through the Art Frequency system, is prohibited by these Terms.  Any unauthorized use of the Art Frequency computer systems is a violation of these Terms and certain US federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C.  1030 et seq.), California Penal Code Section 502 and California Business and Professions Code Section 17538.45.  Civil and criminal penalties may be enforced on the sender and his or her agents who are within violation. 

Paid Job Postings

Art Frequency may charge a fixed fee to post Content in some areas of the Service.  The charge is a fee paid for permitted access to post Content to a designated area of the Site.  Each party participating in posting Content to these designated areas is held responsible for the Content posted and must be incompliance with the terms.

Links

The site may contain links to third party websites (“links”).  Those links are intended for the convenience of the users and may be temporary and not up to date.  Art Frequency is not responsible for the terms of use or privacy practices related to the links.  The links on the Site are not in any way a form of endorsement or approval by Art Frequency of the links or their operators or of any content found on the linked websites.

Indemnity

You acknowledge and agree to indemnify and hold Art Frequency, and its subsidiaries, affiliates, officers, agents, employees, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Art Frequency, your use of Art Frequency, your connection to Art Frequency, your violation of the Terms of Use, or your violation of any rights of another.

Limitations of Service

In reading the Terms, you acknowledge and understand that Art Frequency is entitled to setting limits regarding the use of the Service, including but not limited to the maximum period of days that Content will be retained by the Service, the maximum amount of space for upload, the maximum number and size of postings, emails, or other Content that may be stored and/or transmitted through the Service, and the frequency in which you access the Site.  You acknowledge and agree that Art Frequency reserves the right to discontinue or modify the Service (or any part of the Service) at any time with or without notice to you, and that Art Frequency shall not be liable to you or any other third party for discontinuance, modification, or suspension of the Service. 

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Art Frequency, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The SITE and SERVICE are for use on an “as-is” basis and the COMPANY disclaims all and any warranties and representations whether implied or expressly communicated.  Download at your own risk and you will be responsible solely for any potential resulting damages to your computer or other devices or other harm. 

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

Not in any event will the company or any of it’s affiliates, directors, agents, or employees be liable to you or any other person representing a third party including loss of license, intellectual property, profit, or data that may result in using the SITE and SERVICE.

In the event that you reside in a state or country where these laws do not allow limitation of specific damages or limitations on implied warranties, the aforementioned may not apply to you and you may hold additional rights. 

Termination

The Company may terminate your membership, delete your profile and any Content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

The company and you agree that, except regarding other specific terms applying to specific services on the site, that the exclusive and sole solution and method of disputes and claims regarding these Terms shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Art Frequency Market may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, all arbitration or claims are independent and cannot and will not be joined together with current or previous arbitration or claims and no class arbitration proceedings will be permitted.  In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Contact

Art Frequency, Inc.

P.O. Box 25

Mountain View, CA 94042

support@artfrequency.com

Questions

Please visit our Help page