TERMS

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ARTMATCH INCORPORATED. ("JACK"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.JACKARTGALLERY.COM (THE "SITE") AND ALL SERVICES PROVIDED BY JACK ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Jack is a Venue

Jack acts as a venue to allow users who comply with Jack's policies to sell artwork. Jack is not directly involved in the transaction between buyers and sellers. As a result, Jack 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. Jack does not pre-screen users or the content or information provided by users. Jack cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Jack does not transfer legal ownership of items from the seller to the buyer.

Jack cannot guarantee the true identity, age, and nationality of a user. Jack 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 Jack is a venue 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 Jack. You use the Jack service at your own risk.

2. Membership Eligibility

Age: Jack's 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. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Jack may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Jack's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, 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, some services offered through the Site may be subject to additional terms and conditions promulgated by Jack from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

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 Jack you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Jack 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: Jack's services are not available to temporarily or indefinitely suspended Jack members. Jack reserves the right, in Jack's sole discretion, to cancel unconfirmed or inactive accounts. Jack reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a portfolio on Jack is free. Selling art through Jack is free. Jack does offer premium memberships which do have a fee. See the premium membership benefits for such fees. Jack may, at Jack's sole discretion, change some or all of Jack's fees or services at any time. In the event Jack 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 US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using Jack.

Fees and Termination: If Jack terminates a portfolio or your account, if you close your account, or if the payment of your Jack premium member fees cannot be completed for any reason, you remain obligated to pay Jack for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Jack.

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 Jacks published policies. You also warrant that you may legally sell the item. You must accurately describe your item in your Jack portfolio. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. 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.

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.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Jack 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 Jack.

Restricted Activities: Your Content and your use of Jack shall not:

1. Be false, inaccurate or misleading

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

4. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Jack 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

5. Be obscene or contain child pornography

6. 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

7. Host images not part of a listing

8. Modify, adapt or hack Jack or modify another website so as to falsely imply that it is associated with Jack;

9. Appear to create liability for Jack or cause Jack to lose (in whole or in part) the services of Jacks ISPs or other suppliers

6. Content

License: Jack does not claim ownership rights in your Content. You grant Jack a license solely to enable Jack to use any information or Content you supply Jack with, so that Jack is not violating any rights you might have in that Content. You grant Jack a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Jack to store or re-format your Content on Jack and display your Content on Jack in any way as Jack chooses. Jack will only use personal information in accordance with Jacks Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Jack user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Jack-related communications. Jack has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Jack user to your email or physical mail list.

Re-Posting Content: By posting Content on Jack, it is possible for an outside website or a third party to re-post that Content. You agree to hold Jack harmless for any dispute concerning this use. If you choose to display your own Jack-hosted image on another website, the image must provide a link back to its listing page on Jack.

7. Information Control

Jack does not control the Content provided by users that is made available on Jack. 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 Jack, you agree to accept such risks and that Jack (and Jacks officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Jack. Please use caution, common sense, and practice safe buying and selling when using Jack.

Other Resources: Jack is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Jack 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 Jack 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.

8. Resolution of Disputes and Release

In the event a dispute arises between you and Jack, please contact us.

Should you have a dispute with one or more users, or an outside party, you release Jack (and Jacks 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. Jack encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Jack, for the benefit of users, may try to help users resolve disputes. Jack does so in Jacks sole discretion, and Jack has no obligation to resolve disputes between users or between users and outside parties. To the extent that Jack attempts to resolve a dispute, Jack will do so in good faith based solely on Jacks policies. Jack will not make judgments regarding legal issues or claims.

9. Jacks Intellectual Property

Jack, and other Jack graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Naztrix LLC. in the U.S. and/or other countries. Jacks 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.

10. Breach

Without limiting any other remedies, Jack may, without notice, and without refunding any fees, delay or immediately remove Content, warn Jacks 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:

Jack suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; Jack is unable to verify or authenticate any of your personal information or Content; or Jack believes that a user is acting inconsistently with the letter or spirit of Jacks policies, has engaged in improper or fraudulent activity in connection with Jack or the actions may cause legal liability or financial loss to Jacks users or to Jack.

11. Privacy

Except as provided in Jacks Privacy Policy, Jack will not sell or disclose your personal information to third parties without your explicit consent. Jack stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

12. No Warranty

JACK, JACKS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND JACKS SUPPLIERS PROVIDE JACKS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JACK, JACKS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND JACKS 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 JACK 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.

13. Liability Limit

IN NO EVENT SHALL JACK, AND (AS APPLICABLE) JACKS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR JACKS 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, JACKS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

JACKS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JACKS 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 JACK 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.

14. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ETSY AND (AS APPLICABLE) JACKS 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.

15. No Guarantee

Jack does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Jacks control.

16. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Jack service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Jacks net income).

17. 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.

18. No Agency

You and Jack are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

19. Jack Service

Jack reserves the right to modify or terminate the Jack service for any reason, without notice, at any time. Jack reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Jack makes a material change Jack will notify you here, by email, by means of a notice on our home page, or other places Jack deems appropriate. What constitutes a "material change" will be determined at Jacks sole discretion, in good faith, and using common sense and reasonable judgment.

20. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Georgia, excluding its conflicts of laws rules, and the United States of America.