You must be 18 years or older to use this site or have permission from a legal guardian.
You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You have an active PayPal account.
You must not abuse, harass, threaten, impersonate or intimidate other Unearth users.
You may not use the Unearth service for any illegal or unauthorised purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, post and display on Unearth.
You must not modify, adapt or hack unearthonline.com or modify another website so as to falsely imply that it is associated with Unearth.
You must not create or submit unwanted email or Conversations to any Unearth members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Unearth, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Unearth account. While Unearth prohibits such conduct and content on its site, you understand and agree that Unearth is a venue and as such is not responsible for the Content posted on its Website and you nonetheless may be exposed to such materials and that you use the Unearth service at your own risk.?You agree to pay a 10% commission, inclusive of VAT, on all work sold through the site. Current rate is fixed until 1st January 2011.
Unearth reserves the right to modify or terminate the Unearth service for any reason, without notice, at any time.
Unearth reserves the right to refuse service to anyone for any reason at any time.
The Unearth service makes it possible to post information hosted on Unearth to outside websites, including Facebook. This use is accepted. However, pages on other websites which display images hosted on Unearth must provide a link back to Unearth from each photo to its photo page on Unearth.
To use the Unearth service you will need to have a PayPal account in place and will be asked to provide information at the time of registration. Sales are made directly between you and the buyer and therefore you are wholly responsible for the payment and shipping of your art work. Collections can be arranged using the Contact Us email on the website.
By using this site you agree to provide correct information about the size and weight of your art work and it is your responsibility to accurately quote the postage fees in your description.
Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private information you have stored in the system. By uploading images and item description content to Unearth, you agree to allow other Unearth users to view them and you agree to allow Unearth to display the images and content on Unearth (for example on Unearth's Homepage in ‘spotlight’) and store the images, item description, profile and other content.
Unearth's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Unearth's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Unearth members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Unearth. Further, your Unearth account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
In the event that you have a dispute with one or more users, you release Unearth (and Unearth's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Usage Rights: Copyright of all work(s) sold by Unearth remains with the artist at all times. Buyers may not reproduce purchased work(s) (where applicable) without express permission from the original artist.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Unearth shall not:
- be false, inaccurate or misleading;
- be fraudulent or involve the sale of illegal, counterfeit, stolen items, this includes artists misrepresenting work as their own and buyers attempting to reproduce an artist's artwork.;
- infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene
- contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers; and
- link directly or indirectly to or include descriptions of goods or services that:
- are identical to other items you have for sale (all items must be original);
- are concurrently listed for sale on a website other than Unearth's (this does not prevent linking to or advertising an Unearth item from another web site); or
- you do not have a right to link to or include.
UNEARTH, UNEARTHS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND UNEARTHS SUPPLIERS PROVIDE UNEARTHS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. UNEARTH, UNEARTHS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND UNEARTHS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL UNEARTH, AND (AS APPLICABLE) UNEARTHS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR UNEARTHS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT. NOR SHALL THEY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO SHIPPED ITEMS (HOWEVER ARISING, INCLUDING NEGLIGENCE).
YOU AGREE TO INDEMNIFY AND HOLD UNEARTH AND (AS APPLICABLE) UNEARTHS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Unearth are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Unearth UK Ltd Attn: Legal Department; Carpenter Court, 1 Maple Road, Bramhall, Stockport, Cheshire SK7 2DH (in the case of Unearth) or to the email address you provide to Unearth during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Unearth may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Unearth during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Unearth's goal is to make you happy. In the event a dispute arises between you and Unearth, please email Unearth at email@example.com and we will work quickly towards a solution.
Disputes between you and Unearth regarding Unearth's services may be reported to Customer Support by emailing firstname.lastname@example.org.
The services hereunder are offered by Unearth UK Ltd, located at Carpenter Court, 1 Maple Road, Bramhall, Stockport, Cheshire SK7 2DH