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TERMS OF SERVICE
June 2009

ShareMyArtwork (the "Site") was created for artists that want to display their artwork and selected professional information online. The Site also may offer additional resources and services for these artists, such as e-commerce capabilities and e-marketing.

This Site and all of its content is intended for the use of registered members of the Site ("Members") and for persons and entities ("Users") wishing to legally view the information that is displayed.

If Members use ShareMyArtwork.com or any of its content for any purpose that violates the terms listed in this document, their account may be suspended or terminated at any time, without warning. Users violating the Terms of Service are likely to be violating copyright law and are thus subject to legal action.

REGISTERED MEMBERS
Free Accounts. Members holding accounts that are designated as "Free" have limited use of the Site, but at no time will be required to make a payment to the Site or any other entity in order to maintain their membership.

Premium Accounts. Members holding accounts that are designated as "Premium" have unlimited use of the Site and all of its features, provided a monthly payment is received by the Site, in the amount that was required at the time of the user's Premium registration. Members may terminate their account at any time by clicking the "Cancel Membership" link on the Account: Billing page. If a monthly payment is not received, the Site reserves the right to suspend or terminate their account. IN THE EVENT OF ANY OUTSTANDING UNPAID BALANCE IN YOUR ACCOUNT UPON SUCH TERMINATION, YOU HEREBY AUTHORIZE THE SITE TO COLLECT SUCH AMOUNTS BY CHARGING YOUR CREDIT CARD.

Bandwidth Utilization. At this time, ShareMyArtwork.com has no maximum bandwidth regulations. Until one is instituted, all Members may transfer as much data from their site as they would like, without any additional fees.

Content for Sale. Premium Members that choose to sell content through the Site, using PayPal, are obligated to pay any fees applied by the third party service, PayPal. These members are also responsible for monitoring their own accounts and ensuring that the content they have marked as for sale is currently for sale and for fulfilling their own order processes.

SITE OPERATION
The Site owners will expend reasonable efforts to make sure that the Site and its services are available to Members and Users at all times. However, there is no guarantee of uptime. Additionally, there will be occasions when the Site and/or its services will have to be interrupted for maintenance, upgrades, and repairs. Reasonable steps will be taken to minimize such disruptions where it is within the the Site owner's control. YOU AGREE THAT NEITHER THE SITE WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE OR SERVICE(S).

MEMBER AND USER OBLIGATIONS
As a condition to being a User and/or Member, you expressly agree as follows:

1) Under no circumstances will you use the Site or services to: (i) violate any federal, state, local or international law or to otherwise engage in any unlawful purposes, (ii) upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable, (iii) upload, post or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party, (iv) harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services, (vi) upload, post or otherwise transmit any material which is likely to cause harm to the Site, 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 Site which may cause any defect, error, malfunction or corruption, (vii) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (viii) harass, threaten, stalk or abuse any person or party, including other users of the Site; (ix) invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site, (x) create a false identity or to impersonate another person, or (xi) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any posted content. Under no circumstances shall any image, information or other data posted by you: (i) violate, infringe or otherwise interfere with any copyright or trademark of another party, (ii) reveal any trade secret, unless you own the trade secret or have the owner's permission to post it; (iii) infringe on any intellectual property right of another or on the privacy or publicity rights of another; (iv) be unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (v) contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (vi) remain posted after you have been notified that such image violates any of sections (i) to (v) of this paragraph.

These conditions are only the minimum level of conduct that is expected at the Site. You are requested to use common sense and be considerate towards other users. The Site reserves the right to, at its discretion, suspend or terminate your right to use the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other offensive conduct. No refund of fees or other amounts will be made if you violate or breach any of the Terms of Service.

PRIVACY
Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree and consent to be bound as a user of the Site.

PASSWORDS AND SECURITY
Upon becoming a Member, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms of Service. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account. You agree to notify the Site immediately of any actual or suspected loss, theft or unauthorized use of your account or password. The Site has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. The Site will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

TERMINATION
The Site reserves the right to reject, suspend or terminate your status as a User or Member and prohibit your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. In the event of such termination, the Site's sole obligation to you will be to refund the pro rata unused portion of your subscription fee, if any, less any accrued and unpaid fees incurred on your account. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination.

MODIFICATIONS/ADDITIONS
The Site may modify these Terms of Service or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Service or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms of Service periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Service in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms of Service are reasonable.

THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of the Site. Unless explicitly otherwise provided, neither the Site does not: (i) make any representation or warranty whatsoever about any third party site that is linked to the Site, (ii) endorse the products or services offered on such site. The Site disclaims: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site with respect to such sites and third party content.

DISCLAIMER OF WARRANTIES
ALTHOUGH THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL ARCHIVED ON THE SITE, THE SITE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR UPLOAD ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR POSTED CONTENT. TO THE FULLEST EXTENT ALLOWED BY LAW, SHAREMYARTWORK DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF THE POSTED CONTENT; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY POSTED CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) FALSIFICATION OF RELEASE FORMS PROVIDED ON THE SITE; (4) STATISTICS PROVIDED TO YOU OR USERS OF THE SITE INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, AND IMAGE VIEWS, (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.

LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, THE SITE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, POSTED CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. THE THE SITE'S COLLECTIVE LIABILITY SHALL BE LIMITED TO THE GREATER OF THREE HUNDRED UNITED STATES DOLLARS OR THE UNUSED PORTION OF YOUR SUBSCRIPTION FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

APPLICABLE LAW
Any disputes arising out of or relating to these Terms of Service or use of the Site shall be resolved in accordance with the laws of the State of New York, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the Southern District of New York or any New York State court located in the County of New York, New York in all disputes arising from or relating to these Terms of Service or your access to or use of the Site and/or Services.