TurningArt Terms of Use

Welcome to the user agreement (the "Agreement" or "User Agreement") for TurningArt. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.turningart.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a customer or contributing artist of TurningArt. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a TurningArt customer or artist. Please note: underlined words and phrases are links to these pages and websites.

By using TurningArt, you acknowledge and represent that (i) you have read these Terms of Use, (ii) understand them, (iii) agree to be bound by them, and (iv) you are at least 18 years old. Note that you may not use the services unless you are at least 18 years old. If you do not agree to any of the terms below, we are unwilling to grant you access to the site or the services.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately, and the most current version of the Agreement will supersede all previous versions. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on August 20th, 2012 for all users.

How TurningArt Works

TurningArt provides an in-home discovery service for artwork. Customers can try prints of artwork in their homes or workplace while earning ArtCredits that can be applied towards a purchase of artwork listed on turningart.com.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Collections

A Collection is a group of your favorite artwork listed on TurningArt.com. You may create a Collection of artwork for free, and may add artworks to your Collection by clicking the "add to collection" button/link next to the Artwork wherever it appears throughout the site. You may add to, edit, or review your Collection at any time by clicking the "My Collection" link at the top of every page.

Our In-Home Discovery Program

We provide a number of different membership plans to accommodate a variety of preferences. To view your current plan and other details on the various plans we offer, click on the "Profile" link at the top of each page on the TurningArt website.

Each active TurningArt membership plan allows for you to try up to three prints from your Collection in your home for a total of thirty days following your receipt of the prints based on tracking confirmation provided by our shipping partners. Each membership plan entitles you to have up to three prints in your possession at any time. You may request up to three new prints to try in your home at any time. You are required to return the prints in your possession before we ship your next trial of prints.

Our agreements with artists provide us the right to produce a limited number of prints of each artwork. Therefore, when determining which prints to send you, we will consider the following factors: (1) the artworks which you have listed in your Trial, and (2) the availability of each print. We will always endeavor to ship you the artworks listed in your Trial; however when availability is limited, we may ship you other artworks in your Collection.

At any time, you may choose to buy the frame and/or art prints in your home directly from TurningArt.com. The purchase of a TurningArt print DOES NOT transfer legal ownership of artwork from the artist to the consumer. All rights of ownership remain exclusively with the artist. In the event of a purchase, consumers are responsible for the payment of all appropriate taxes and any other applicable fees.

Additionally at the end of your initial thirty day trial, you may choose to continue your in-home trial of artwork. If you choose to continue trying artwork in your home your Payment Method will be billed for another month of a full TurningArt membership, and will continue to do so until you indicate otherwise. Additionally, if at the end of thirty days, you have not returned any of the prints or taken any other action, we will send you an email alerting you to the situation. If you have not notified us of lost artworks, we will assume you want to continue trying artwork in your home and your Payment Method will be charged for another month of a full TurningArt membership.

In the event that a print is lost while in your possession, you may be charged for the cost of the print. At our sole and absolute discretion, we may replace a lost print free of charge. However, in the rare event that the number of lost or damaged prints on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and may charge your Payment Method for the estimated cost of the lost print(s). You hereby authorize us to charge your Payment Method for any lost print(s). We will alert you of any potential charges for lost print(s) prior to charging your Payment Method.

Cancellation

You may cancel your membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS.

Upon initiating cancellation, your membership will be placed on hold and you will have fourteen days to return the frame and all prints in your possession. You should use the original packaging in your possession to return your artwork, and we will provide a return shipping label. If we do not receive your frame and artwork within fourteen days following your cancellation, we reserve the right to charge you for unreturned prints and frames. Failure to return any outstanding print(s) will result in your Payment Method being billed for such items. We will send you a notification email concerning unreturned print(s) prior to charging your Payment Method.

We reserve the right to terminate your account for any or no reason.

Delivery Methods and Timing

We will ship your first framed print via FedEx Ground. We have determined that most framed prints are received within 7 business days following shipment from our distribution center. At present, we will send you an email letting you know when your frame has shipped, and we will also send you an email letting you know when your frame has arrived.

TurningArt sends and receives all unframed art prints via First Class mail through the US Postal Service. We have determined that most of our members are able to receive in-stock prints within 7 business days following shipment from our central distribution center, although the delivery times you encounter may vary.

Purchasing Original Artwork

As it relates to the purchase of original artwork, TurningArt acts as a venue to allow consumers to buy original artwork direct from artists for a fixed-price. TurningArt is not directly involved in the transaction between consumers and artists. As a result, TurningArt has no control over the quality, safety, morality or legality of any aspect of the artwork, the truth or accuracy of the listings, the ability of artists to sell items or the ability of consumers to pay for items. TurningArt cannot ensure that a consumer or artist will actually complete a transaction for the purchase of original artwork.

Consequently, TurningArt does not transfer legal ownership of artwork from the artist to the consumer.

Consumers and artists are jointly responsible for the payment of all appropriate taxes, shipping and insurance costs and any other applicable fees. Returns of original artwork are handled directly between the consumer and the artist.

In the event that you have a dispute with an artist or customer, you release TurningArt (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.

The ArtCredit Program

The ArtCredits program is a customer rewards program offered by TurningArt. The following terms and conditions (hereinafter "Program Rules" or "Rules") apply to ArtCredits. By gaining access to, using this site, or signing up for a TurningArt in-home trial you agree to be bound by these Program Rules. TurningArt reserves the right to revise or change these Program Rules at any time and without notice to you by posting updated text on this site. You are responsible for periodically visiting this site to view any changes. If we update our Program Rules, any changes will apply to all TurningArt customers, even if you enroll before TurningArt posts updated text. In these Rules, the terms "you, your, and yours" refer to the TurningArt customer, the terms "we and us" refer to TurningArt, and the term "Account" refers to your TurningArt membership account.

Membership/Program Registration

ArtCredits are a paperless, electronic customer loyalty program. Registration into the program is automatic when you sign-up, and make your first successful payment for a TurningArt membership.

Each customer shall be responsible for remaining knowledgeable about their Account information, accumulated ArtCredits, redeemed ArtCredits, ArtCredits expiration and the Program Rules. Account information can be found by clicking the "Profile" link at the top of each page on the TurningArt website.

Accumulation/Earning ArtCredits

Customers earn ArtCredits through dollars spent during a TurningArt in-home trial. Each single, whole dollar spent on a TurningArt membership earns a single, whole ArtCredit. ArtCredits are earned and spent in whole increments.

TurningArt may from time-to-time offer bonus ArtCredits for various activities. These offers may be temporary in nature. TurningArt reserves the right to modify or eliminate such offers at any time. These offers are void where prohibited by law. The definition of eligible activities and transactions, as well as the amount of ArtCredits accrued for each are subject to change.

There may be some delay between eligible non-membership transactions and the posting of ArtCredits in your Account.

Redemption of ArtCredits for the Purchase of Original Art

ARTCREDITS ARE ONLY ELIGIBLE FOR REDEMPTION TOWARDS THE PURCHASE OF FRAMED ART PRINTS, UNFRAMED ART PRINTS AND ORIGINAL ARTWORK LISTED ON www.turningart.com. ArtCredits may be applied to the full purchase price of framed art prints and up to a certain value of the price of the original. This maximum ArtCredit redemption amount and the number of ArtCredits required to reach the redemption amount will be available on a piece-specific basis, disclosed to customers before purchase and listed on the individual artwork page at www.turningart.com. The number of ArtCredits required to reach the maximum redemption amount may change at any time until the purchase is confirmed and ArtCredits are applied during the purchase of the original art.

If you begin a purchase transaction and fail to complete it; or if you complete a purchase transaction and then engage in a return process with the artist, your ArtCredits will remain forfeited until we receive confirmation from the artist that (1) the transaction did not occur or was voided, and (2) the piece is available for relisting on TurningArt. At that time your ArtCredits will be reinstated.

TurningArt reserves the right to revise, amend, or modify the amount of ArtCredits required to reach the maximum redemption amount at any time.

Members are responsible for all taxes and fees applicable to original art purchases. All taxes and fees must be paid at the time of purchase.

ArtCredits Expiration

ArtCredits will not expire provided a customer is "active". A customer is considered "active" when a customer earns ArtCredits through an active TurningArt membership within the preceding month. Each qualifying activity (a membership payment) extends the expiration date of all ArtCredits by one month from the date of the last ArtCredit issuance. Once a customer is deemed inactive all ArtCredits will expire immediately. Inactive customers may not be eligible for, or receive notification of ArtCredit changes, promotions, or other electronic mailings about ArtCredits. TurningArt reserves the right to consider when customers are active or inactive.

I. ACCESS TO OUR ONLINE SERVICES AND TOOLS

A. Access to Features of Online Services

For so long as you agree to these Terms and abide by them, you may use the Site and the Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools").

B. General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Service to any third-party. You may use the Site, the Services and Downloadable Tools only for your personal, non-commercial purposes. You further agree not to combine or integrate the Service and/or any Downloadable Tools with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Service or Downloadable Tools. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Tools is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services, the Site or Downloadable Tools to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

C. Use of Third-Party Offerings

You may be able to access websites, content or services provided by third-parties through links that are made available on the Site. Additionally, from time to time we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not ordinarily required in order to access and/or use the Services. if you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

D. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, and all Downloadable Tools, and all related intellectual property rights. Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.

II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A. No Warranties

THE SERVICE, THE SITE, THE DOWNLOADABLE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

B. Limitation Of Liability

USE OF OUR SERVICE, THE SITE AND ANY DOWNLOADABLE TOOLS IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND ANY DOWNLOADABLE TOOLS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU WITHOUT THIS LIMITATION.

C. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

III. TERM AND TERMINATION

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled "I Agree"). You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to terminate these Terms and your access to the Site and the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.

IV. MISCELLANEOUS MATTERS

A. Privacy

In the course or accessing and/or using the Site, the Services and/or the Downloadable Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Downloadable Tools, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Downloadable Tools.

B. Copyrights

If you believe your copyright has been violated by works or Third-Party Offerings accessible on the Site or through the Service, please contact us.

C. Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site, the Services and the Downloadable Tools. Continued use of the Site, the Services and/or any Downloadable Tools following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

D. Modifications to Services.

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

E. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Downloadable Tools. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Virginia. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Downloadable Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.

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