By using the Unearth Website, a service of Unearth UK Ltd, you are agreeing to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement").
General Terms
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.
General Conditions
Unearth reserves the right to modify or terminate the Unearth service for any reason, without notice, at any time.
Unearth reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Unearth will notify you via email according to the information provided on your account. What constitutes a "material change" will be determined at Unearth's sole discretion, in good faith and using common sense and reasonable judgment.
Unearth reserves the right to refuse service to anyone for any reason at any time.
Unearth may, but has no obligation to, remove content ("content" includes, for example, items and item descriptions) and accounts containing content that Unearth determine in Unearth's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents as posted on Unearth. This includes your personal website and email address.
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.
You must agree with and accept all of the terms and conditions contained in the Terms of Use, the Privacy Policy, and other policy documents as posted on Unearth before you may become a member of Unearth. These policy documents include those terms and conditions expressly set in this Agreement and those incorporated by reference.?Unearth may amend the Terms of Use and any other policy documents at any time by posting the amended terms on Unearth. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on July 19, 2010 for all users.
Membership Eligibility
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.
Release
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 prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Unearth or;
- 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.
Privacy
Unearth does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Unearth only uses your information as described in the Privacy Policy. Unearth views protection of users' privacy as a very important community principle. Unearth understands clearly that you and Your Information is one of Unearth's most important assets. Unearth stores and processes your information on computers located in the UK that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Unearth's services.
No Warranty
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.
Liability Limit
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).
Indemnity
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.
Legal Compliance
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.
Severability
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.
No Agency
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.
Notices
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 support@unearthonline.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 support@unearthonline.com.
Disclosures
The services hereunder are offered by Unearth UK Ltd, located at Carpenter Court, 1 Maple Road, Bramhall, Stockport, Cheshire SK7 2DH
Unearth UK Ltd © 2010