1. GENERAL
Welcome to Artspan.com. Our services are provided subject to the following terms and conditions which are an integral part of the Artspan Member application. You agree to be bound by these Terms and Conditions when you apply to become an Artspan Member.

Artspan LLC (“Artspan”) provides template websites to full members and marketing visibility to associate members. Its aim is to provide the best possible exposure for your work. At your option, Artspan may also provide a shopping cart that is integrated in your site and a prints-on-demand feature. You can opt to include these features once you are a member by logging in to your Control Panel and clicking on the “Shopping Cart” button.

Artspan makes no express or implied warranties or representations with respect to sale of your work or that the operation of your site or of Artspan.com or of the shopping cart and the print-on-demand features will be uninterrupted or error-free, and will not be liable for the consequences of any service interruptions or errors. Artspan will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or artwork arising from or in connection with the operation of Artspan.com and/or your member site, even if it has been advised of the possibility of such damages. Artspan will not be liable for the consequences of your use of the website. You may not use the website in order to transmit, distribute, store, or destroy any materials or content in violation of applicable law, to infringe others' intellectual property rights or to defame or disparage another person.

2. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You agree to keep your contact and billing information current in the Billing Information section of your Control Panel.

3. LIMITATIONS
You agree not to use Artspan.com or your site to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, and (ii) that infringes the intellectual property rights of any party. Although Artspan does not regularly review content on the individual Artspan Member sites, Artspan reserves the right to delete any content and to not process any sales orders of content that violates copyright, privacy or other rights or that we find objectionable for any reason.

4. COPYRIGHT
You warrant and represent that either (i) you are the sole artist and author of the work displayed on your Artspan website and own all rights to it or (ii) that you have express written permission from the owner of the copyright to the work to display the work on your website. You agree to defend, indemnify, and hold Artspan harmless from and against any and all claims arising out of or relating to any content that you submit to this site. Artspan makes no express or implied warranties or representations with respect to copyright protection.

You grant Artspan permission to use your artwork in promoting Artspan and its services. You warrant that all information provided to Artspan is accurate.

(Please note: under U.S. copyright laws you are automatically the owner of the copyright to any original work you have created. You do not need to do anything further to protect your copyright. You will also have the opportunity in your Artspan Control Panel to add a watermark to any image that you exhibit so as to further protect your work).

5. TRADEMARKS
Certain marks used on the Site and Artspan Member Sites are registered trademarks or service marks of Artspan.com. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Artspan.com. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than Artspan.com without our prior written consent. All other trademarks and service marks not owned by Artspan.com that appear on this site are the property of their respective owners, and may not be used without their prior written consent.

6. DOMAIN NAMES
You may choose to have an Artspan subdomain (i.e. MemberName.artspan.com) or use an existing domain name which you own. There is no fee levied by Artspan for either of these choices. Or you may elect to register a unique domain name of your choice (i.e. MemberName.com) through Artspan. While Artspan makes every effort to assist its members with domain issues, it is a reseller of domains and you agree not to hold Artspan liable or responsible for any issues which may arise in connection with any domain used on your site or registered through Artspan including but not limited to issues relating to expiration of the domain. You agree to be responsible for your domain renewal and for all other issues connected to your domain name registration whether the name is registered through Artspan or not.

7. FEES
Setup Fee
The one-time setup fee is not refundable.
Monthly Member Fees
Monthly maintenance fees will be due and debited each month. Any Member wishing to terminate Artspan membership must give Artspan 30 days advance notice of withdrawal.
Annual Member Fees
Artspan annual membership will automatically renew at the end of the membership year unless you expressly notify Artspan to the contrary. Artspan will attempt, by email or telephone, to alert the member of the membership expiration date but cannot guarantee that it will be successful in reaching the member. Artspan will refund the annual fee, if requested, only in the initial 30 day period following the billing date.
Domain Name Registrations and Renewals
Domain names registered through Artspan after September 20, 2007 are renewed automatically unless members login to their Domain Manager and expressly opt for non-renewal of their domain(s).
Domain names registered through Artspan before September 20, 2007 are not automatically renewed. Artspan will attempt to notify you of the impending expiration of your domain but cannot be held responsible for its expiration in the event that you do not receive notification of the expiration date for any reason including your changing the email address corresponding to the domain registration and not updating the change on the registration.
If you have registered a domain through Artspan at any time, you agree to take full responsibility for keeping track of your domain’s expiration date and for renewing the domain name in a timely manner.
Commission Fees on Sales
If you opt to use an Artspan integrated shopping cart on your site, you agree to pay a 3.5% commission on sales transacted through the shopping cart. This sum will be debited by Artspan 30 days following the transaction date but will not be debited for transactions where the item(s) are returned by the buyer within the returns period specified by you. The proceeds of any credit card sales will be processed by a PayPal system integrated into the shopping cart checkout and will be subject to PayPal processing fees. PayPal fees are 2.9% of the transaction amount with an additional minor per transaction fee. These fees may be changed at any time by PayPal and you agree that Artspan is not responsible for notifying you of any changes though it will attempt to do so.

8. MEMBERSHIP CRITERIA
Artspan may accept individual Members and may terminate a membership at any time at its sole discretion.

9. MODIFICATIONS OF TERMS
Artspan reserves the right to change or modify the terms and conditions of this Agreement at any time, with such changes or modifications effective immediately upon posting on Artspan.com . You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to receive communications from us by e-mail, and agree to keep your billing and contact information current.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ARTSPAN LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR ANY ARTSPAN SERVICES IS OTHERWISE AT YOUR SOLE RISK.

11. APPLICABLE LAW
This Agreement will be governed and construed in the courts with the laws of the State of New Jersey, and, to the extent applicable, of the United States of America, without giving effect to its conflict of laws provisions. You hereby submit, through use of Artspan.com and/or the services provided by Artspan, to the exclusive jurisdiction of the courts of the State of New Jersey and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this website or any Artspan service. You waive any objections to the forum of New Jersey for lack of venue, forum non conveniens, or any other jurisdictional ground.

Artspan . 26 Bridge Street . Lambertville, NJ 08530 . USA
Tel: (609) 397-0888 . Toll free: (866) ARTSPAN . e-mail: director@artspan.com