[x]
Remember me | Forgot Password

Not A Member Yet?

BLUECANVAS TERMS & CONDITIONS OF USE

Bluecanvas' goal is to bring together artists from all genres to display and share their unique creations. Bluecanvas provides artists with a worldwide stage and exposes them to collectors who encourage them to keep producing the works that make our world beautiful.


These general terms and conditions ("Terms" or "General Terms") govern a user's ("User") use of BLUECANVAS, Inc.'s ("BLUECANVAS") website and related services ("Site" or "Services"). When you access and use this Site, including browsing artwork or other areas of the Site, you accept and agree to be bound by the Terms, without limitation. If you choose to create a User account, you further accept and agree to be bound by the additional terms set forth below that govern such accounts ("User Account Terms"). Users who wish to buy or sell artwork through Bluecanvas must also read and agree to the Terms and Conditions of Sale, the terms of which are incorporated in this Agreement and apply to Buyers and Sellers of art. Collectively, the General Terms, User Account Terms, and for those engaging in commercial activities, the Terms and Conditions of Sale as well, are referred to as the "Agreement."


Please read carefully and check regularly for updates. Bluecanvas may, at any time, and at its sole discretion, modify, revise or alter this Agreement and its website. Continued use of the Services indicates an agreement to be bound by these terms and all subsequent revisions.


This Agreement was last updated on 12/20/2011


General Terms


1.1 Eligibility

In order to use this Site, you must be 18 years of age or older, or lawfully permitted to enter into and form contracts under applicable law. If you are not 18 years of age, but at least 13 years of age, you may use Bluecanvas only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Rights to use the Site are not transferable.


1.2 Availability

Bluecanvas' Services are provided on an "as is" basis, and may be interrupted or discontinued at any time, with or without notice, at Bluecanvas' sole discretion. You agree that Bluecanvas is not liable to you for any interruption or discontinuation of the Service. The right to view this Site is not transferable.


1.3 Respecting Copyright and other Intellectual Property

To benefit all Users and to keep the Bluecanvas community growing, it is imperative that Users respect the rights of intellectual property owners. You may only upload art that is your own original work, and that does not infringe on anyone else's copyright or other right. If your work contains elements to which anyone else owns the rights, you must obtain all proper permissions needed to use those elements prior to uploading the art to the Site. By uploading any art, you represent and warrant to Bluecanvas that you have the unencumbered right to do so, and that in doing so, you are not infringing on any third party's rights. Users may not reproduce, distribute, display, prepare derivative works, or otherwise use any content uploaded to the Site without the express written consent of the content's artist.


Unless otherwise stated, Bluecanvas is the owner of all copyright and other rights in this Site and its contents, including Bluecanvas and other proprietary marks, Site layout, and trade dress. Users may not reproduce, distribute, display, prepare derivative works, or otherwise use any part of the Site and Bluecanvas' copyrighted materials without the express written consent of Bluecanvas.


1.4 Reporting Intellectual Property Violations

Bluecanvas respects intellectual property rights, and expects all Users of the Site to do the same. Bluecanvas has the right to remove any content uploaded to the Site, terminate User accounts, or prevent Site access by Users who infringe intellectual property rights.


If you believe that any content on the Site infringes on any intellectual property right, and are an intellectual property holder, or agent of such holder, please contact Bluecanvas immediately. You may send email to admin@bluecanvas.com, submit a message via the "Contact" option at the bottom of the Site pages, or send written notice addressed to "Intellectual Property Agent," 316 W. 2nd St. Third Floor, Los Angeles, CA 90012. In your message, please provide the following information: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Bluecanvas to locate the material; 4) Information reasonably sufficient to permit Bluecanvas to contact you, such as address, telephone number, and email address; 5) A statement that you have a good faith belief that the material is being used in an unauthorized or illegal manner; 6) A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please refer to 17 USC 512 for more information if you have any questions regarding reporting violations.


1.5 User Conduct

Bluecanvas is a community for those who create and appreciate art. In keeping with the nature of a community, Users agree to use this Site in a constructive and respectful way. Users agree not to interfere with, disrupt, or tamper with this Site in any way, including harassing other Users, uploading, downloading, posting, emailing, or otherwise transmitting content that is unlawful, abusive, harassing, defamatory, indecent, threatening, invasive of someone else's rights, or otherwise objectionable. Users may not give out or post anyone's personal identifying information, including names, phone numbers, email addresses, home addresses, without the express permission of that individual. Users may not attack, interfere with, or disrupt in any way, the Site's servers, networks connected to the Site, or any other aspect of the Site required for the Site to be online and accessible to other Users. Users may not use or attempt to use any virus or other computer code designed to disrupt the Site or harm its Users in any way. Users specifically acknowledge and agree that Bluecanvas is not liable for Users' defamatory, offensive or illegal conduct, or such conduct by third parties, and Users expressly assume all risks and responsibilities for damages, loses, and other claims arising from such conduct.


Users are on notice that some artwork or other content on this Site may be deemed to deal with or contain subjects meant for "mature" audiences. User agrees that Bluecanvas may designate artwork or other content to be "mature" at its sole discretion. Users must create a User account and log in to view mature material, and Users under the age of 18 may not view or otherwise attempt to access mature material.


1.6 Official Correspondence

If you have any questions regarding these Terms & Conditions, or feel that you are being harassed by a User, you may contact Bluecanvas to attempt a resolution of the issue. Bluecanvas will also moderate the forums and other public areas of the Site, which may include removal of posts, comments, or other publically viewable information. If you do not agree with a moderation decision of Bluecanvas, you may contact Bluecanvas by email or send a private message to the Curator. You may not make publically viewable comments or start a post complaining about the moderation decision. Users agree not to post, broadcast, or otherwise reproduce any private correspondence between representatives of Bluecanvas and Users without the express written consent of Bluecanvas. This includes any private messages, conversations, e-mail, chat logs, or other support responses.


1.7 Indemnification

Users agree to indemnify, defend and hold Bluecanvas and its officers, directors, agents, staff, authorized representatives, and affiliate harmless from any liability, loss, cause of action, claim, damage, obligations and expense, including reasonable attorney's fees (referred to collectively as "claims" for the purpose of this provision), alleging, arising, or resulting from (i) a User's use of and activities in connection with this Site and any information or content contained therein; (ii) a User's violation or breach of this or any other Agreement concerning use of the Site; (iii) a claim that a User has violated of any third party right, including without limitation any copyright, trademark, property, intellectual property, or privacy right; or (iv) any claim that a User has caused damage to a third party. Bluecanvas shall provide notice of any such claims and shall assist User, at User's expense, in defending any such claims. Bluecanvas reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User. Users shall so indemnify Bluecanvas without regard to the negligence of any party, including the indemnified party, and this indemnification obligation shall survive this Agreement and a User's use of the Site.


1.8 DISCLAIMER OF WARRANTY (Important Notice)

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, BLUECANVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THIS SITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THIS SITE IS AVAILABLE TO YOU "AS IS," AND YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION GIVEN BY BLUECANVAS TO USERS, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.


1.9 LIMITATION OF LIABILITY (Important Notice)

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, BLUECANVAS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FROM YOUR USE OF THIS SITE, INCLUDING THE SALE OR PURCHASE OF ARTWORK. BLUECANVAS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUECANVAS AND USERS OF THIS SITE, AND THIS SITE AND THE SERVICES CONTAINED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT SHALL BLUECANVAS' LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO BLUECANVAS PURSUANT TO THIS AGREEMENT.


1.10 Privacy Policy

Bluecanvas' privacy policy informs you of the types of information we collect, how that information is used, and steps that you may take to change, modify, or control that information. The privacy policy is located at http://bluecanvas.com/privacy-policy.


1.11 Links to Third Party Sites

This Site contains links to other internet sites, which are included for your convenience, or so that Bluecanvas may improve your browsing experience with advertisements for products and services that you may find helpful. Bluecanvas is not responsible for any of the content on third party web sites, including whether the information contained therein is accurate. Bluecanvas does not investigate, monitor, or check third party sites for accuracy, completeness, suitability for any purpose, or for adequate protection of private information. Links on this Site do not imply Bluecanvas' approval or endorsement of the linked sites. If you choose to access those links, you do so at your own risk. Please make sure to review the privacy policy and terms and conditions of use for any third party site that you visit, as Bluecanvas shall not be liable for any damage or harm that you incur.


1.12 Amendment of Terms and Conditions

Bluecanvas reserves the right to amend this Agreement at its sole discretion. Changes may be posted directly on the Site, and Users agree that it is their responsibility to monitor this Agreement for any changes. Continued use of this Site after posted changes to this Agreement constitutes acceptance of the changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue use of this Site.


1.13 Arbitration

If there is a dispute arising out of or otherwise relating to this Agreement, you agree to meet and negotiate with Bluecanvas in a good faith attempt to resolve the dispute. If you and Bluecanvas are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute or regulation. The arbitration shall be conducted in Los Angeles County, California, and conducted by a single arbitrator knowledgeable in the industry. The party bringing the action shall be responsible for paying all costs of arbitration, including the arbitrator's fees, unless otherwise determined by the arbitrator. The arbitrator shall be bound to follow the provisions of this Agreement, wherever applicable, and shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration parties. In order to keep costs manageable for both parties, the arbitration shall be conducted solely by written submissions, the arbitration shall not involve any personal appearance by any party or witnesses unless mutually agreed upon by the parties in writing, and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. THE PARTIES UNDERSTAND, AGREE, AND HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ALL ARBITRAL CLAIMS.


1.14 General Information

This Agreement constitutes the entire agreement between Bluecanvas and Users of the Site. Failure by Bluecanvas to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid or illegal, such provision shall be stricken or modified in a manner designed to make it enforceable or legal in keeping with the original intent of the parties, but the remainder of the Agreement shall remain in full force. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles where applicable. If the term regarding arbitration of claims is inapplicable for any reason, you agree to the exclusive jurisdiction of the state or federal courts of Los Angeles County, California for any and all legal proceedings arising out of or in connection with this Agreement. Parties irrevocably submit to the personal jurisdiction of such courts, and hereby waive any objection they have with respect to the personal jurisdiction of such courts. Any cause of action by you with respect to the Site or Services, are subject to the Limitation of Liability and Disclaimer of Warranty provisions in this Agreement.


USER ACCOUNT TERMS


2.1 Account Creation and Security

In addition to the General Terms, Users of this Site who choose to create User Accounts agree to the following additional terms. In order to upload or sell your artwork on this Site, you must create a User Account.


In order to create a User Account for this Site, you must provide Bluecanvas with a working email address and other information. You may not use a false email address, impersonate any person or entity, or otherwise attempt to deceive Bluecanvas or other Users as to your identity. You agree that any information you provide to Bluecanvas is accurate, true, and complete, and will be kept current, especially your email address, as that will be the primary method of communication between you and Bluecanvas.


At the time of registration, each User will be asked to choose a password that will remain with the account for the life of the account unless changed by the User. It is the responsibility of the User to maintain the confidentiality of the password and account. Accounts and passwords may not be shared with anyone, except as required by law. You are fully responsible for all activities and actions that occur under the account or password, whether or not authorized or undertaken by you. You agree to inform Bluecanvas in the event that you know or should have known that your password has been made known to unauthorized parties, or that unauthorized parties have accessed your user account. Bluecanvas will not be liable to you for any unauthorized or authorized use of your account, especially if you fail to take adequate measures to protect the security of your account, such as notifying Bluecanvas if someone has gained access to your account or password.


2.2 User Submitted Content

Users may upload artwork and other content created by the User, and participate in chat rooms or other forums on this Site, subject to compliance with the terms of this Agreement, particularly the terms and conditions dealing with intellectual property rights.


Bluecanvas does not make any claims to ownership of User submitted content on this Site. Users retain the copyright and all other intellectual property rights in any artwork or other content uploaded to the Site. By uploading artwork or other content to the Site, Users grant Bluecanvas a non-exclusive, royalty-free, limited license to reproduce, distribute, re-format, store, prepare derivative works based on, and display the artwork or content. Users may revoke this license at any time by removing the artwork or content from the Site. From time to time, Bluecanvas may use uploaded artwork in connection with promotional activities. Users may contact Bluecanvas directly at admin@bluecanvas.com if Users object to any use of the artwork by Bluecanvas pursuant to this grant of license, or have concerns about the manner in which the submitted content is used pursuant to the license. Users are on notice that other Users of the Site may be able to copy, distribute, display, or otherwise infringe on artwork or content uploaded to this Site despite Bluecanvas' best efforts to prevent such from occurring. Bluecanvas attempts to prevent such action by disabling User access to "right-click" mouse functions, and by prohibiting infringement through the terms of this Agreement. Users upload artwork and content at their own risk, and agree that Bluecanvas' liability to Users is limited by the provisions of this Agreement.


2.3 Inappropriate Content

Users agree not to post any artwork or other content to this Site that falls in one or more of the following categories: 1) infringing on copyright or other intellectual property protection; 2) blasphemous; 3) racist; 4) vulgar; 5) pornographic; 6) unlawful; 7) defaming; 8) invasive of privacy or publicity rights; or 9) threatening. User agrees that determination that artwork or other content falls in any of these categories is at the sole discretion of Bluecanvas, and that such categorization may be based on subjective standards.


Some content may be considered "obscene" by Bluecanvas staff, and as such, Bluecanvas reserves the right to remove such content immediately at its discretion. Bluecanvas staff reserves the right to review and classify questionable material as obscene, or not obscene.


The Bluecanvas staff reserves the right to request a Model Release form to be provided for any photography (including nude) uploaded to Bluecanvas. Should you receive a request to provide a release form, you must present it within seven (7) days. Failure to do so will result in the removal of the image in question.


It is highly recommended that you have any model or subject in your works, sign a release form to give you permission to publish, share, distribute, sell, or otherwise display the associated images. This is especially recommended in the case of nude models.


We do not allow any nude works featuring individuals under the age of 18, nor any works of underage models in "sexually suggestive" poses, such as in lingerie, or sexual/provocative acts.


The laws in the United States are the governing laws in regards to all submissions regardless of the user's country of origin. Photographs that are suspected of depicting a minor in aforementioned manner will be hidden from public view until proper documentation can be requested, and provided. Bluecanvas reserves the right to remove any image that it considers is obviously a minor (baby, toddler, teenager, etc) without notice.


2.4 Sale of Content

Users may choose to make their artwork available for sale, using the Bluecanvas Site as a marketplace for displaying the work, and as a method of communication between buyer and seller. Bluecanvas' participation in any such transaction is limited to the above, and Bluecanvas makes no guaranty as to the validity or existence of any warranty, or promise or ability to perform by either buyer or seller. Sale of User content is further governed by Bluecanvas' Terms and Conditions of Sale, which are incorporated into this Agreement and located in Bluecanvas Terms & Conditions of Sale. Users must agree to said Terms and Conditions prior to selling any artwork or other content.


2.5 Storage of Content

Bluecanvas provides online storage of User-submitted artwork and other content. Bluecanvas may, at its sole discretion, limit or otherwise control the maximum size of uploaded files, storage space allotted to each User, or length of time that User content and artwork remains on display in the Site. Bluecanvas may also terminate or suspend User accounts for any reason, and shall not be liable to Users for the deletion of any artwork or content. Users are solely responsible for saving or creating back-ups of their content and artwork.



These terms and conditions ("Terms" or "Agreement") govern a user's ("User," or "Buyer" or "Seller" as appropriate) commercial activities related to BLUECANVAS, Inc. ("BLUECANVAS") website and related services ("Site" or "services"). When you conduct commercial activities on this Site, including selling or purchasing artwork, you accept and agree to be bound by these Terms, without limitation. Users also accept and agree to be bound by the Terms and Conditions set forth governing general use of the Site ("General Terms") and User Accounts. A Seller wishing to conduct commercial activities on the Site further agrees to appoint BLUECANVAS as Seller's non-exclusive agent for the purpose of marketing, collecting payment, and delivering goods to Buyers. BLUECANVAS accepts such appointment subject to the terms contained in Section 3.3 of this Agreement, and all other terms governing use of the Site.


Please read carefully and check regularly for updates. BLUECANVAS may, at any time, and at its sole discretion, modify, revise or alter this Agreement. Continued use of the Services indicates an agreement to be bound by these terms and all subsequent revisions.


This Agreement was last updated on 12/20/2011


3.1 Commercial Activities

Commercial activities are the sale or solicitation for sale, offering, or purchase of artwork or other goods or services on this Site, and any and all activities undertaken for the purpose of such, including, but not limited to, payment for and delivery of artwork. Any interactions between Users of this Site with respect to commercial activities are solely between Users, and Users agree that BLUECANVAS' role is limited to marketing, collecting payment, delivering goods on behalf of Sellers, and providing the Site as a method of communication between Buyer and Seller. Users agree that commercial activities on this Site are subject to and governed by the Disclaimer of Warranty, Limitation of Liability, and Indemnification provisions contained in the General Terms, which are repeated and incorporated herein.


3.2 Eligibility

Only eligible artwork that is uploaded to this Site may be sold or purchased by Users. To be eligible, artwork must be the original work of the User, who must hold all necessary intellectual property rights necessary for the reproduction and sale of the art, and have a registered account with Bluecanvas.


Sellers shall designate art that is eligible for sale, and may remove any artwork for sale at any time, subject to the fulfillment of any pending purchases of the artwork to be removed.


3.3 LIMITED APPOINTMENT OF BLUECANVAS AS NON-EXCLUSIVE AGENT OF SELLER (Important Notice)

Seller appoints BLUECANVAS as its non-exclusive agent for the purpose of marketing, collecting payment, and delivering eligible goods to customers of Seller. BLUECANVAS accepts such appointment, subject to the terms of this agreement and all other terms governing use of the Site.


BLUECANVAS shall, through its Site and on behalf of Seller, market to customers desiring to purchase Seller's goods, collect payment from Seller's customers, and cause goods to be delivered to Seller's customers. BLUECANVAS' non-exclusive agency for Seller shall be limited to this purpose, and no actions by BLUECANVAS shall be construed by Seller to increase its scope, or serve as an indication of exclusivity. This Agreement shall not limit BLUECANVAS' right to enter into agency agreements with any other Seller, nor shall Seller have any right to limit any of BLUECANVAS' commercial activities.


The appointment of BLUECANVAS as Seller's non-exclusive agent shall be valid from the date of Seller's first use of the Site for commercial activities, and persist until it expires in accordance with its terms. Seller's violation of this or any other terms governing use of the Site shall cause immediate termination of this Agreement, without notice. Seller may also terminate this Agreement by cancelling Seller's user account or by providing written notice to BLUECANVAS.


Pursuant to the appointment of BLUECANVAS as Seller's non-exclusive agent, Seller grants BLUECANVAS a non-exclusive, royalty-free license to use any images or artwork submitted to BLUECANVAS by Seller to fulfill the purpose of this non-exclusive agency, including promotional efforts by Bluecanvas on behalf of Seller. Such promotional activites include, but are not limited to, use of the artwork on advertising materials or display on the Bluecanvas website.


Sellers are not employees of BLUECANVAS, nor shall they be deemed to be employees or independent contractors of BLUECANVAS on the basis of this or any other agreement. BLUECANVAS makes no representation concerning BLUECANVAS' ability to market Seller's goods, and Seller agrees and understands that Seller may not obtain any benefit by appointing BLUECANVAS as its non-exclusive agent. Other than payment of Seller's fees as specified in this Agreement, BLUECANVAS shall have no fiduciary or other duty as a result of this non-exclusive agency agreement with Seller.


3.4 Fees

The amount paid by a buyer for goods ("Retail Price") shall consist of the amount paid to the artist ("Artist Fee"), the amount received by BLUECANVAS for facilitating the sale and acting as Seller's non-exclusive agent ("BLUECANVAS Fee"), the amount charged for framing the goods ("Framing Fee"), and any other costs such as California sales tax, postage, and shipping, if applicable.


The Artist Fee shall be determined by the Seller at the time the Seller makes the art available for purchase. The Artist Fee may be changed by Seller at Seller's sole discretion and without prior notice. Seller agrees, however, that pending purchases made prior to the change in Artist Fee shall be made at the pre-change Artist Fee.


The BLUECANVAS fee shall be set by BLUECANVAS, and shall be agreed to by the Seller prior to Seller making any goods available for purchase. The list of BLUECANVAS fees is available at http://shop.bluecanvas.com/pricing. BLUECANVAS reserves the right to change the BLUECANVAS FEE at any time in its sole discretion, and without prior notice. Pending purchases made prior to the change in BLUECANVAS fee shall be made at the pre-change fee.


BLUECANVAS offers framing services for purchased artwork as a convenience to Buyers. Buyers who choose to purchase a frame agree to pay a Framing Fee that shall be specified by BLUECANVAS prior to purchase.


In addition to the Retail Price, Buyers are responsible for paying all shipping costs necessary to ship the artwork to Buyer. Buyer may elect to purchase insurance for the shipment if available, but shall be solely responsible for the costs of such insurance. Buyers shall be informed of and agree to the shipping costs and availability of insurance prior to the time of purchase.


As BLUECANVAS is the non-exclusive agent for Seller, Seller authorizes BLUECANVAS to collect payment from Seller's customers, and to withhold any fees or costs authorized by this Agreement, including BLUECANVAS' fee, applicable taxes, and postage costs.


3.5 Taxes

Except for sales to California customers, BLUECANVAS does not collect taxes for goods purchased by Users of the Site. Sellers and Buyers agree to comply with all State and Federal tax obligations, shall pay all applicable state and federal taxes, including use and income taxes, and shall bear the sole responsibility for calculating and paying any taxes (except California sales tax, which shall be collected by BLUECANVAS). The terms of this Agreement and any other terms governing use of this Site are not tax advice, and are not meant to be construed as such or relied upon as such by any User.


3.6 Payment to Artists

Sellers agree to provide BLUECANVAS with all information necessary for BLUECANVAS to pay Artist Fees, as requested by BLUECANVAS. Failure to provide BLUECANVAS with such information shall constitute a rejection of this Agreement. BLUECANVAS shall have no liability to Seller for losses suffered as a result of erroneous or mistaken information provided to BLUECANVAS by Seller.


BLUECANVAS shall provide an accounting of Artist Fees to each Seller, and shall issue payments on a monthly basis. Payments shall be made to Seller when the amount owed meets or exceed twenty ($20) dollars. Due to administrative costs and burdens, if Seller is entitled to a payment of less than twenty ($20) dollars, BLUECANVAS shall withhold payment until the amount meets or exceeds twenty ($20) dollars. Seller agrees that BLUECANVAS shall not be liable for, or pay Seller interest on any amounts so withheld. Seller may request payment in full of all fees owed to Seller at any time, amount notwithstanding, but Seller agrees to pay BLUECANVAS a five ($5) dollar administration fee in such an event.


3.7 Third Party Services

BLUECANVAS uses the services of third parties to print, process, frame, and ship purchased art, prints, or goods. Users agree that BLUECANVAS is not responsible for the acts of its third party vendors, and that artwork may be damaged, or otherwise affected. Buyer's sole remedies in the event of such damage are replacement of the artwork purchased, or refund of the purchase price. Seller's sole remedy in the event of such damage is removal of the artwork from eligibility for purchase.


3.8 DISCLAIMER OF WARRANTY (Important Notice)

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, BLUECANVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THIS SITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THIS SITE IS AVAILABLE TO YOU "AS IS," AND YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION GIVEN BY BLUECANVAS TO USERS, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.


3.9 LIMITATION OF LIABILITY (Important Notice)

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, BLUECANVAS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FROM YOUR USE OF THIS SITE, INCLUDING THE SALE OR PURCHASE OF ARTWORK. BLUECANVAS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUECANVAS AND USERS OF THIS SITE, AND THIS SITE AND THE SERVICES CONTAINED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT SHALL BLUECANVAS' LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO BLUECANVAS PURSUANT TO THIS AGREEMENT.


3.10 NO LIABILITY FOR USE OF ARTWORK (Important Notice).

BLUECANVAS DISCLAIMS ALL RESPONSIBILTIY AND LIABILITY FOR ANY THIRD PARTY USE OF ARTWORK PURCHASED ON THIS SITE (INCLUDING USE BY BUYERS). SELLERS ARE SOLELY RESPONSIBLE FOR MONITORING THIRD PARTY USE AND SEEKING RELIEF FOR ANY UNAUTHORIZED OR ILLEGAL USE. SELLERS AGREE TO SEEK RELIEF OR REMEDY SOLELY FROM ANY UNAUTHORIZED THIRD PARTY OR BUYERS, AND NOT FROM BLUECANVAS.


3.11 Indemnification

Users agree to indemnify, defend and hold BLUECANVAS and its officers, directors, agents, staff, authorized representatives, and affiliates harmless from any liability, loss, cause of action, claim or expense, including reasonable attorney's fees (referred to collectively as "claims" for the purpose of this provision), alleging or resulting from any use of this Site and any information or content contained therein by User, through User's account, or by User's breach of the terms of this Agreement. BLUECANVAS shall provide notice of any such claims and shall assist User, at User's expense, in defending any such claims. BLUECANVAS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User.


3.12 Refund Policy

Buyers and Sellers must read and agree to BLUECANVAS' Refund Policy prior to purchasing artwork or making artwork available for purchase. The Refund Policy is available at http://www.bluecanvas.com/return-policy.


3.13 Arbitration

If there is a dispute arising out of or otherwise relating to this Agreement, you agree to meet and negotiate with Bluecanvas in a good faith attempt to resolve the dispute. If you and Bluecanvas are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute or regulation. The arbitration shall be conducted in Los Angeles County, California, and conducted by a single arbitrator knowledgeable in the industry. The party bringing the action shall be responsible for paying all costs of arbitration, including the arbitrator's fees, unless otherwise determined by the arbitrator. The arbitrator shall be bound to follow the provisions of this Agreement, wherever applicable, and shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration parties. In order to keep costs manageable for both parties, the arbitration shall be conducted solely by written submissions, the arbitration shall not involve any personal appearance by any party or witnesses unless mutually agreed upon by the parties in writing, and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. THE PARTIES UNDERSTAND, AGREE, AND HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ALL ARBITRAL CLAIMS.


3.14 Severability, Jurisdiction, and Survival of Terms

This Agreement and all other terms governing this Site shall be construed in accordance with the laws of the State of California. In the event that any provision is deemed to be unenforceable, or can be construed in such a way as to make this Agreement or any other terms unenforceable, such provision shall be severed from the Agreement or otherwise modified so as to make the term enforceable in a manner in keeping with the original intent of the parties, so that the Agreement remains in full force and effect. If the arbitration provision is inapplicable for any reason, the parties agree that the state and federal courts of Los Angeles County, California shall have exclusive jurisdiction over any and all legal proceedings arising out of or in connection with this Agreement. The parties irrevocably submit to the personal jurisdiction of such courts, and hereby waive any objection they have with respect to the personal jurisdiction of such courts.


Sections 3.8, 3.9, 3.10, 3.11, and 3.13 survive termination of this Agreement for any reason.