Terms and Conditions
Before you may become a member of art2trade4, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on SEPTEMBER 29, 2014 for current users, and upon acceptance for new users
1. art2trade4 is a Venue
ART2TRADE4 allow users who comply with ART2TRADE4 policies to offer, sell, and buy certain PRODUCTS goods within a fixed price format. ART2TRADE4 is not directly involved in the transaction between buyers and sellers. As a result, ART2TRADE4 has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ART2TRADE4 does not pre-screen users or the content or information provided by users. ART2TRADE4 cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, ART2TRADE4 does not transfer legal ownership of items from the seller to the buyer. ART2TRADE4 cannot guarantee the true identity, age, and nationality of a user. ART2TRADE4 encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that ART2TRADE4 is a Social Art Media website and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on art2trade4. You use the art2trade4 service at your own risk.
2. Membership Eligibility
Age: art2trade4 services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by art2trade4 policies as stated in the Agreement and these art2trade4 policy documents:
- What’s Allowed and not allowed for art2trade4
- Policy Fee
- Copyright and Intellectual Property Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify art2trade4 of any unauthorized use of your password or any breach of security. You also agree that art2trade4 cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on art2trade4, you must have a valid credit card on file with art2trade4 at all times.
Account Transfer: You may not transfer or sell your art2trade4 account and User ID 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.
Right to Refuse Service: art2trade4 services are not available to temporarily or indefinitely suspended art2trade4 members. Art2trade4 reserves the right, in art2trade4 sole discretion, to cancel unconfirmed or inactive accounts. Art2trade4 reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a e-shop and storefront on art2trade4 is free only for 60 days.. Art2trade4 charges fees for membership listings private and professional , as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Art2trade4 Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for art2trade4 services are effective after art2trade4 provides you with at least seven (7) days' notice by posting the changes on the Site. However, art2trade4 may choose to temporarily change the Fees Policy and the fees for art2trade4 services for promotional events (for example, free listing days); such changes are effective when art2trade4 posts the temporary promotional event on the Site. Art2trade4 may, at art2trade4 sole discretion, change some or all of art2trade4 services at any time. In the event art2trade4 introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in New Zealand Dollars (NZD).
You are responsible for paying all fees associated with using art2trade4. art2trade4 keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 7 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account.
Fees and Termination: If art2trade4 terminates your account, if you close your account, or if the payment of your art2trade4 fees cannot be completed for any reason, you remain obligated to pay art2trade4 for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact art2trade4 support ticket services.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with art2trade4 policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your art2trade4 e-shop and storefront Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
e-Shop Policies: All sellers are urged to outline shop policies for their art2trade4 e-shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with art2trade4 site-policies. Sellers are responsible for enforcing their own reasonable e-shop policies. Art2trade4 reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding art2trade4 transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to art2trade4 and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on art2trade4.
Restricted Activities: Your Content and your use of art2trade4 shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, art2trade4 Copyright and Intellectual Property Policy
- Violate this Agreement, What’s allowed and not allowed on art2trade4, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the New Zealand Consumer Products Safety as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including art2trade4 staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack art2trade4 or modify another website so as to falsely imply that it is associated with art2trade4;
- Appear to create liability for art2trade4 or cause art2trade4 to lose (in whole or in part) the services of art2trade4 ISPs or other suppliers
Re-Posting Content: By posting Content on art2trade4, it is possible for an outside website or a third party to re-post that Content. You agree to hold art2trade4 harmless for any dispute concerning this use. If you choose to display your own art2trade4-hosted image on another website, the image must provide a link back to its listing page on art2trade4.
7. Information Control
Art2trade4 does not control the Content provided by users that is made available on art2trade4. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using art2trade4, you agree to accept such risks and that art2trade4 (and art2trade4 officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on art2trade4. Please use caution, common sense, and practice safe buying and selling when using art2trade4
Other Resources: art2trade4 is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Art2trade4 does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that art2trade4 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with art2trade4 policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Art2trade4 is not involved with user generated groups, the groups’ requirements, or the Meetings.
Art2trade4 does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that art2trade4 does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on art2trade4 may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. Art2trade4 IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO art2trade4; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY art2trade4, AND art2trade4 HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT art2trade4 IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, art2trade4 USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and art2trade4, please contact art2trade4 Support ticket online services .
Should you have a dispute with one or more users, or an outside party, you release art2trade4 (and art2trade4 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. Art2trade4 encourages users to report user-to-user disputes tribunal or to your local law enforcement, or a certified mediation or arbitration entity, as applicable.
Art2trade4, for the benefit of users, may try to help users resolve disputes. Art2trade4 does so in art2trade4 sole discretion, and art2trade4 has no obligation to resolve disputes between users or between users and outside parties. To the extent that art2trade4 attempts to resolve a dispute, art2trade4 will do so in good faith based solely on art2trade4 policies. Art2trade4 will not make judgments regarding legal issues or claims.
10. art2trade4 Intellectual Property
Art2trade4, and other art2trade4 graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of art2trade4, Inc. in the New Zealand and/or other countries. Art2trade4 trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Art2trade4 may contain exclusion headers which contain internal rules for software usage. Much of the information on art2trade4 is updated on a real-time basis and is proprietary or is licensed to art2trade4 by art2trade4 users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access art2trade4 for any purpose without art2trade4 prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in art2trade4 sole discretion, an unreasonable or disproportionately large load on art2trade4 infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the What’s Allowed and not Allowed of art2trade4 from the Site without the prior expressed written permission of art2trade4 and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass art2trade4 exclusion headers or other measures art2trade4 may use to prevent or restrict access to art2trade4
Without limiting any other remedies, art2trade4 may, without notice, and without refunding any fees, delay or immediately remove Content, warn art2trade4 community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
Art2trade4 limited, art2trade4 SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND art2trade4 SUPPLIERS PROVIDE art2trade4’s WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Art2trade4 Limited, art2trade4’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND art2trade4 SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM art2trade4 Limited SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL art2trade4 Limited, AND (AS APPLICABLE) art2trade4’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR art2trade4 SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, art2trade4 SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Art2trade4 Limited LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF art2trade4’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO art2trade4 IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD art2trade4 Limited AND (AS APPLICABLE) art2trade4’s PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' 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.
17. No Guarantee
Art2trade4 does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside art2trade4 control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of art2trade4’s 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.
20. No Agency
You and art2trade4’s are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. art2trade4 Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the lands of New Zealand and the District Courts and disputes arising under this Agreement will be adjudicated by the courts of the lands of New Zealand.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (art2trade4 Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to art2trade4 (in the case of art2trade4) or, in your case, to the email address you provide to art2trade4 (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, art2trade4 may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to art2trade4. In such case, notice shall be deemed given seven days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in art2trade4
The services hereunder are offered by art2trade4 Limited, located at Henderson the premises of P O.Box 20233 GlenEden, Waitakere City, Auckland. If you are a New Zealand resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Terms and conditions of copy right
Copyright and Intellectual Property Policy
Art2trade4 Limited. (“art2trade4”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Art2trade4 will respond to notices of this form from other jurisdictions as well. The address of art2trade4 Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Art2trade4 will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If art2trade4 removes or disables access in response to such a notice, art2trade4 will make a good-faith attempt to contact the user so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you will be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting art2trade4..
If you believe that material residing on or accessible through the art2trade4 web site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to the Designated Agent listed below. The notice must include the following information:
1. A physical signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent registration number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that art2trade4 is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting art2trade4 on the owner’s behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, art2trade4 will inform the Seller of the reason for the removal and may provide the Seller with a copy of the notice and the notifying party’s contact information.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is art2trade4 policy:
1. To remove or disable access to the material infringing upon the intellectual property;
2. To notify the user that art2trade4 has removed or disabled access to the material; and
3. That repeat offenders will have their infringing material removed from the system and that art2trade4 will terminate such users’ access to the service.
C. Procedure to Supply a Counter-Notice to the Solicitors.
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you will be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting art2trade4.
If you believe that the material that was removed or to which access was disabled is either not infringing upon an intellectual property right, or you believe that you have the right to post and such material from the intellectual property owner, the intellectual property owner’s agent, or pursuant to the law, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The notice must contain the following information to the subscribed Solicitors listed below.
1. Your physical signature (by fax or regular mail – not by email, except by prior agreement);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the district Court for the in which the user’s address is located, or if your address is located outside the country, for any judicial district in which art2trtade4 is located, and that you will accept service of process from the person who provided notification under subsection (c) (1)(C) or an agent of such person.
If a counter-notice is received by the Solicitors, art2trade4 may send a copy of the counter-notice to the original complaining party informing that person that art2trade4 may replace the removed material or cease disabling it in (7) seven business days. Unless the copyright or intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at art2trade4 discretion.
Please contact art2trade4 Solicitors to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Ed Johnson Solicitor
Level One 370 Great North Road
Henderson, Auckland, New Zealand..