General
ARTSPAN aims to provide the best possible exposure for its Members' work, but makes no express or implied warranties or representations with respect to sale of work. In addition, Artspan makes no representation that the operation of the site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors. Artspan will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or artwork arising in connection with the operation of artspan.com, even if it has been advised of the possibility of such damages.

Copyright
The Member is the sole artist and author of the work displayed and owns all rights to it, but grants Artspan permission to use the artwork in promoting the website. The Member warrants that nothing in the artwork or in its preparation violates or infringes on any copyright or trademark or any other right of any person or entity. The Member warrants that all information provided to Artspan is accurate. Artspan makes no express or implied warranties or representations with respect to copyright protection.

Sale of Work through Artspan
Members are not obligated to sell work through Artspan. But, in the event that the Member chooses to participate in the Artspan Satisfacton Guarantee Program and in the event the buyer chooses to purchase work through Artspan and not directly from the Member, the Member agrees that Artspan will withhold a 10% commission. The Member will be responsible for packing and shipping (FedEx is recommended) and will pay shipping expense to the buyer. If the buyer uses the Artspan Satisfaction Guarantee and decides not to finalize the purchase of the work, the buyer must ship the work back to the Member within 5 business days and the buyer will pay all shipping expenses. Any shipping expense incurred by the Member in shipping to the buyer will be refunded to the Member. All work sold must be insured by for shipping.

If the work of art is not sold under the Artspan Satisfacton Guarantee Program, but rather is sold directly by the Member to a buyer, Artspan assumes no responsibility or liability for non-fulfillment of any terms that may have been agreed to by buyer and seller.

Domain Names
Members may choose to have an Artspan subdomain (i.e. MemberName.artspan.com) or any other full domain of their choice (i.e. MemberName.com). There is no charge for an Artspan subdomain.

Fees
Monthly maintenance fees will be due on the first day of the month for which they are billed. Any Member wishing to withdraw his/her site from artspan.com must give Artspan 30 days advance notice of said withdrawal. Fees for other services will be due at the time such services are performed. The one-time setup fee is not refundable.

Artspan annual membership will automatically renew at the end of the membership year unless Artspan is expressly notified to the contrary by the individual member prior to the end of the membership year. Artspan will attempt, by email or telephone, to alert the member of the membership expiration date but cannot guarantee it will be successful in reaching the member. Artspan will refund the annual fee, if requested, only in the initial 45 day period following the billing date.

Domain names are renewed automatically before they expire unless members expressly notify Artspan that they do not want the domain names renewed.

Modification of Terms
Artspan may at any time modify the terms and conditions of this Agreement by notifying the Member through e-mail or other method of communication. If any modification is unacceptable to the Member, the member may terminate this Agreement. The Member's continued participation in Artspan will signify agreement with the modification.

Membership Criteria
Artspan may accept individual Members at its sole discretion.

Arbitration
The parties agree that any claim or dispute relating to this Agreement shall be resolved by binding arbitration. Any such action shall be initiated in New Jersey and be conducted by the American Arbitration Association, pursuant to its rules and procedures.

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