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Terms and Conditions of Artbynow.com
Version 1.1


Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Artbynow.com, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.Artbynow.com as well as all elements, software, programs and code forming or incorporated in to www.Artbynow.com (the "Service"). This Service is operated by Artbynow.com ("Artbynow.com"). Artbynow.com is also referred to in these Terms as "we", "our", and "us".

By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Artbynow.com website (the "Site"). If you choose to register as a member of our service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").

Section I: General Terms

The Usage of Artbynow.com is free of costs to artists and visitors. Only in the case of sale of an offered piece of art the seller has to pay a provision (see item 20).

1. Availability

This Service is provided by Artbynow.com on an "AS IS" and "AS AVAILABLE" basis and Artbynow.com reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Artbynow.com is and will not be liable to you for any modification, suspension or discontinuance of the Service.

2. Privacy

Artbynow.com has a firm commitment to safeguarding your privacy. Please review Artbynow.com's Privacy Policy. The terms of Artbynow.com's privacy policy are incorporated into, and form a part of, these Terms.

3. Trademarks

All brand, product and service names used in this Service which identify Artbynow.com or third parties and their products and services are proprietary marks of Artbynow.com and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Artbynow.com or any third party with respect to any such image, logo or name.

4. Copyright

Artbynow.com is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Artbynow.com are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Artbynow.com or the appropriate owner of copyright in such works. Artbynow.com does not claim ownership rights in your works or other materials posted by you to Artbynow.com (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

5. Reporting Copyright Violations

Artbynow.com highly respects the intellectual property rights of others and expects users of the Service to do the same. At Artbynow.com's discretion and in appropriate circumstances, Artbynow.com may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Artbynow.com's agent for notice of claims of copyright infringement, Marco Huppertz who can be reached through art @ artconsultants.de. You must provide our agent with substantially the following information, which Artbynow.com may then forward to the alleged infringer:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Nevertheless we recommend to first contact the copyright infringers at his/her Artbynow.com account and try to settle the issue in a reasonable and polite way.

Please see Artbynow.com's Copyright Policy for further information and details.

6. External Links

Artbynow.com may provide links to third-party websites or resources. You acknowledge and agree that Artbynow.com is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Artbynow.com of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Artbynow.com be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

8. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Artbynow.com that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Artbynow.com does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Artbynow.com, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

9. Disclaimer of Warranty and Limitation of Liability

Artbynow.com makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provided through the service. You expressly agree that your use of the service is at your sole risk. Artbynow.com disclaims all warranties, express or implied warranties of merchantibility, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Artbynow.com make no warrantiy as to the security, reliability, timeliness, and performance of this service. You specifically acknowledge that Artbynow.com is not reliable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies, provided herein, and to the fullest extent allowed by law, Artbynow.com shall not be liable for any damages of any kind arising from use of the service, including but not limited to direct, indirect, incidental, consequential, sepcial, exemplary, or punitive damages, even if Artbynow.com has been advised of the possibility of such damages. The foregoing disclaimers, waivers, and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exlcusion of or limitations on certain warranties or damages. Therefore some of the above exclusions may not apply to you.

10. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. For all users, we will post the revised terms on the Site. If you use the Service after the effective date of the revised Terms, you will be deemed within a time frame of 4 weeks to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

11. General

These Terms constitute the entire agreement between Artbynow.com and you with respect to your use of the Service. Artbynow.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Artbynow.com shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Artbynow.com. These Terms shall be governed by and construed in accordance with the laws of the State of Berlin, Germany. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Berlin, Germany.


If you have any comments or questions about the Service please contact us by email at art @ Artbynow.com

Section II: Additional Terms 13. Registration / Invitation

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Since Artbynow.com is constituted as an invitation-only network you also agree, not to send any invitations to minors (under applicable law). Additionally you accept to invite only persons, that are personally known to you, that means which you met before physically in person. This helps Artbynow.com to build up a personal and trusted network.

14. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Artbynow.com of any unauthorized use of your password.

15. Submitting Content

Groups, Forums, Whitewall entries (comments) - As a registered member of the Service, you will be granted the privilege of participating in groups forums and post comments on the whitewalls of other members profiles or artwork profiles on the Artbynow.com website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the website, subject to your compliance with the Terms.

Artworks - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "artworks," for display on your user page. Prior to submitting artworks, you may have to accept the additional terms and conditions of the Submission Policy, which are then incorporated into, and forms a part of, the Terms. Having an artist member status enables you to submit artworks in the „creations“ section of the portfolio section. Herewith you accept only to submit own artworks or artworks, which you are a „co-creator“ of.

16. Copyright in Your Content

Artbynow.com does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Artbynow.com a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, display and perform Your Content on the Artbynow.com internet platform. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Artbynow.com any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

17. Monitoring Content

Artbynow.com has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

18. Storage Policy

At this time, Artbynow.com provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Artbynow.com may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Artbynow.com's servers. Furthermore, you acknowledge that Artbynow.com reserves the right to suspend accounts that are inactive, in Artbynow.com's sole discretion, for an extended period of time (thus deleting or suspending access to your Content), with prior private announcement by email and no reaction by the member within 8 weeks. Without limiting the generality of Section 9, Artbynow.com shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Artbynow.com reserves the right to modify its storage policies from time to time, with or without notice to you.

19. Conduct

You agree to be subject to and to conduct yourself in accordance with the Artbynow.com Code of Membership. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to Artbynow.com's Copyright Policy for further details.

You agree not to use the Service:

  • for any unlawful purposes;
  • to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, sole pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
  • to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Artbynow.com;
  • to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • to upload, post, or otherwise transmit any material which is likely to cause harm to Artbynow.com or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  • for any commercial purpose, except as expressly permitted under these Terms;
  • to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Artbynow.com by hyperlink and not to compete with Artbynow.com.
20. Sales and Provision

By accepting the terms and conditions, the Artbynow.com member commits himself to pay a provision to Artbynow.com in the case of sale of an offered piece of art. The amount of provision fee paid, differs depending on the status with Artbynow.com. Members with a premium account will pay a provision fee of 10% of the sales price. For all other (non premium) members the provision fee is 20% of the sales price. The provision fee will only be charged from the offerer. A provision fee for the buyer will not be charged.

In certain cases, aberrant to 20.1, the provision fee can be agreed upon with commercial traders.

The seller of a piece of art obligates himself to accord a return period of 14 days to the buyer, counting from the date of the receival of the piece.

The seller of a piece of art obligates himself to deliver the piece of art promptly after sale. Furthermore the seller must assure that the piece of art is packaged properly whether a personal collection by the buyer is not agreed.

The seller of a piece of art must guarantee, that he only offers pieces of art for which he owns all necessary rights. Those pieces which have been sold, must be declared as "not for sale" or "sold" instantly.

With the premature termination of a premium membership the user forfeits all rights to reclaim already paid fees.

21. Suspension and Termination of Access and Membership

You agree that Artbynow.com may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Artbynow.com Site, in Artbynow.com's sole discretion, if you fail to comply with the Terms or applicable law.