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Web Site Terms of Use Art Exchange Terms of Use Welcome to the Art Exchange Ltd Site (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “Art Exchange,” "we," "us" and "our" refer to Art Exchange Ltd. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE ART EXCHANGEPRIVACY STATEMENT, AND THE ART EXCHANGECOMMUNITY GUIDELINES AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. 1. Registration You must register on this Site in order to use certain of the Site functions, such as our blogs. If you just want to browse this Site, registration is optional. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Art Exchange and the Site such as our blogs. Art Exchange reserves the right to reject or remove any username. For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and debit/credit card information. You are required to provide accurate and complete information. 2. Age of Users Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. 3. Non-Commercial Use This Site and its contents are for your own personal non-commercial use only. 4. Art Exchange Privacy Statement Your use of this Site signifies your continuing consent to the Art ExchangePrivacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site. Personal information that you supply to Art Exchange, and any information about your use of Art Exchange that we obtain will be subject to the Art ExchangePrivacy Statement on this Site. 5. Changes to Art Exchange We may discontinue or change any Art Exchange content, service, function or feature at any time with or without notice. 6. Proper Use of This Site When you use our blogs or other social and communications functions, you agree at all times to comply with the Art ExchangeCommunity Guidelines, which you may access with the Community Guidelines link on the Site. You may use Art Exchange for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Site. 7. Proprietary Rights Art Exchange and its suppliers reserve all rights under intellectual property law in Art Exchange and in any content that is on the Site. Except as Art Exchange may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Art Exchange or its suppliers on the Site without our express prior written consent. 8. Changes to the Terms of Use We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes. 9. Electronic Delivery Statement and Your Consent You agree that we may provide to you notices and other information concerning Art Exchange or this Site electronically, including notice to any email address that you may provide. 10. Content That You Supply Art Exchange may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, or the Community Guidelines. Content that violates applicable rules may be removed. If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge. 11. No Duty to Monitor You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time. 12. Third Party Sites and Advertisers Art Exchange may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Art Exchange is not responsible for any claim or loss due to a third party site or any advertiser. 13. Disclaimer of Warranties We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. 14. Limitation of Liability You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. 15. Indemnification You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 16. International Use We make no representation that content on this Site is appropriate or available for use in locations outside the Federal Republic of Nigeria. If you choose to access this Site from a location outside the Federal Republic of Nigeria, you do soon your own initiative and you are responsible for compliance with local laws. 17. Choice of Law and Location for Resolving Disputes You agree that the laws of England and Wales govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Lagos State of the Federal Republic of Nigeria, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, LAGOS STATE OF THE FEDERAL REPUBLIC OF NIGERIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. 18. Binding Arbitration You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the UNCITRAL Rules. The determination of whether a dispute is subject to arbitration shall be governed by the Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the Act. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and the Art Exchange may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT 19. Severability and Integration This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 20. Termination We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion. 21. Claims of Copyright Infringement If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. Copyright © 2010Art Exchange Ltd. All Rights Reserved.
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