Agreements:MesArt User Agreement
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Revision as of 07:56, 1 March 2007
By using our website, you indicate your acceptance of the terms and conditions of this agreement. Please read them carefully. Additional terms apply to MesArt account holders (please see [MesArt_Member_Agreement|member agreement] for these).
Purchasing
The MesArt website acts as a venue for sellers and buyers to enable them make purchases based on the sellers' listings. Our involvement in the transaction between the buyer and the seller is limited to facilitating the transfer of money in these transactions. Because of this, we have no control over the quality, safety, legality of the advertised items, the truth and accuracy of the listings, and the ability of sellers to sell items. We cannot control whether or not sellers will complete the sale of the items they offer.
As a buyer, you are bound by this agreement as well as by conditions of the sale included in the item's description.
You may purchase art directly from artists, or through our online website ordering capability.
If you are purchasing art through our online website ordering capability, you have a seven day customer acceptance period to ensure your complete satisfaction with the artwork. You can return artwork to the seller within this period. If you decide to do so, you will have to ship it back to artist at your expense. MesArt follows up to see that the seller received the art in the same condition as it was originally shipped, and then we refund the purchase amount to you.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESART 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES. THE OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MESART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESART WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE, YOU SHOULD DISCONTINUE USING THIS WEBSITE.
MESART RESERVES THE RIGHT TO DENY SERVICE TO ANYBODY, WITHOUT NOTICE OR EXPLANATION OF REASONS, AS WELL AS MODIFY ANY SERVICES AT ANY TIME.
Legal
You agree to hold MesArt harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of your use of this website.
In the event that you have a dispute with one or more users, you release MesArt (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, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This agreement is subject to change by MesArt at any time, effective by posting the revision on this website.
