Welcome to Obsessed Artist. By using Obsessed Artist (including obsessedartist.com and its related sites, services and tools), you agree to the following terms with Obsessed Artist Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international Obsessed Artist companies. If you have any questions, please refer to our help section.

This Agreement is effective on May 1st, 2010, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on May 1st, 2010.

Scope

Before you may become a member of Obsessed Artist, you must read and accept all of the terms in, and linked to, this User Agreement and the Obsessed Artist Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Obsessed Artist sites or services, or when you use the tools we make available to interact with Obsessed Artist sites and services. If you use another Obsessed Artist site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Obsessed Artist sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.

When Using Obsessed Artist

When using Obsessed Artist sites, services and tools, you will not:

1. Post content or items in an inappropriate category or areas on our sites and services;
2. Violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
3. Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
4. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you purchased, a clear typographical error is made, or you cannot authenticate the seller's identity;
5. Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
6. Manipulate the price of any item or interfere with other users' listings;
7. Circumvent or manipulate our fee structure, the billing process, or fees owed to Obsessed Artist;
8. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
9. Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to Obsessed Artist);
10. Transfer your Obsessed Artist account (including Feedback) and user ID to another party without our consent;
11. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
12. Distribute viruses or any other technologies that may harm Obsessed Artist, or the interests or property of Obsessed Artist users;
13. Export or re-export any Obsessed Artist tools except in compliance with the export control laws of any relevant jurisdictions;
14. Copy, modify, or distribute rights or content from the Obsessed Artist sites, service, or tools or Obsessed Artist copyrights and trademarks; or
15. Harvest or otherwise collect information about users, including email addresses, without their consent.
16. Obsessed Artist Inc has the right to sell prints of all artwork uploaded through the site ObsessedArtist.com. Commission will be paid to the artist and varies which is set forth from Obsessed Artist. OA does have the right to change pricing and commission percentages paid to the artist. We strongly believe in supporting the Artist and will always be fair! 

Fees and Services

Obsessed Artist buying on listed items is free. We do charge fees for membership services, such as listing items and social networking. When you list an item or use Obsessed Artist services that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the Obsessed Artist site. We may choose to temporarily change the fees for our services for promotional events (for example, free membership days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your Powerpay account balance.)

Limitation of Liability
You will not hold Obsessed Artist responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items or stolen. You acknowledge that we are not a traditional gallery. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything artwork that we print and ship. While we may help handle the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items.
Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Obsessed Artist Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $20.

Release

If you have a dispute with one or more users, you release us (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, 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."

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Obsessed Artist by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Obsessed Artist and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Prohibited and Restricted Items

Pornography

Spammers

International Trading

Hazardous Materials

Human Parts or Remains

Stolen Property

Protection Policy/Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Obsessed Artist Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Obsessed Artist Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Obsessed Artist national registered agent (in the case of Obsessed Artist) or to the email address you provide to Obsessed Artist 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, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Obsessed Artist, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Obsessed Artist agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Obsessed Artist Customer help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within Virginia  between Viriginia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Obsessed Artist must be resolved exclusively by a state or federal court located in Rockingham County, Virginia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Rockingham County, Virginia for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Obsessed Artist must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Obsessed Artist may recover attorneys' fees and costs up to $1000, provided that Obsessed Artist has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Obsessed Artist Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

sing Obsessed Artist (including obsessedartist.com and its related sites, services and tools), you agree to the following terms with Obsessed Artist Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international Obsessed Artist companies. If you have any questions, please refer to our help section.

This Agreement is effective on May 1st, 2010, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on May 1st, 2010.