Terms of Service - The Long VersionPlease print and read these Terms of Service as it contains important information about our service. Use of the ArtQuest site constitutes your acceptance of our Terms of Service.
This agreement is between Customer, as defined in Paragraph 2 below, and ArtQuest, Inc., a Missouri Corporation.
1) The ArtQuest Direct Listing Network (sometimes referred to as "ArtQuest", "Network" or "Service") is an interactive, information and transaction service accessible by personal computer over telephone or cable lines or wireless networks via the Internet. The Network consists of software, databases, communication lines and computing services. The terms of this agreement and any operating rules or policies that are published on our Service constitute the entire agreement between ArtQuest and all customers. This agreement and any operating rules or policies are subject to change by ArtQuest at any time and changes are effective upon publication on the ArtQuest Service. The contents of the ArtQuest Direct Listing Network is also subject to change at any time without notice. ArtQuest may in its sole discretion restrict or limit use of any portion of the service by time or use, amount of use, or customers permitted to use.
Customers: Any person or entity using ArtQuest for any purpose including but not limited to using the service to search for art, ads, and/or links on our Service as well as listing art for sale and/or acquisition.
Advertisers: Those Customers that advertise their products, websites, services or art via ArtQuest.
Members: Those Customers who fill out the Member Form to use our service as well as receive updated information about our service.
3) Customer's Responsibilities. Customers are responsible for proper use of ArtQuest and any and all transactions conducted on the Service. ArtQuest is provided for the personal use of Customers and may not be resold in whole or part or otherwise commercially exploited by any entity without ArtQuest's express written agreement.
4) Billing. Customer shall pay in accordance with the provisions of the billing option selected by Customer. Additionally, Customer shall be responsible for fees relating to any usage charges while connected to the Network and charges or surcharges incurred while using supplemental networks or services other than ArtQuest. Customer shall pay all applicable sales and use taxes relating to Customer's use of ArtQuest. Credit Card Customers will automatically be billed to the credit card chosen at Check Out. ArtQuest reserves the right to change the amount of any fee or change and institute new fees or charges effective the day the changes are posted on the Service.
5) Limitations of Liability. ARTQUEST WARRANTS THAT IF A CUSTOMER IS DISSATISFIED WITH THE SERVICE, UPON NOTIFICATION FROM THE CUSTOMER, ARTQUEST WILL TERMINATE THIS AGREEMENT AND REMOVE ANY LISTINGS OR ASSOCIATIONS WITH THE SERVICE. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY ARTQUEST REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE ARTQUEST NETWORK. THE SERVICE IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDED BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CUSTOMER EXPRESSLY AGREES THAT USE OF THE NETWORK AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS AT ARTQUEST IS AT CUSTOMER'S SOLE RISK. ARTQUEST DOES NOT WARRANT THAT THE NETWORK WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES ARTQUEST WARRANT ANY RESULTS OBTAINED FROM THE USE OF THE NETWORK. NEITHER ARTQUEST NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF ANY WARRANTY OR BE RESPONSIBLE FOR THE ACCURACY OR THE CONTENT OF THE DATA ENTERED BY CUSTOMERS. IN THE EVENT OF THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, AUTHORIZATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, ARTQUEST'S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON THE BEHALF OF THE CUSTOMER TO ARTQUEST FOR LISTING FEES IN THE PROCEEDING 90 DAYS.
6) Relationship with ArtQuest. All customers are independent entities. The purchase, payment, warranty, guarantee, delivery, maintenance, offer, acceptance and all other matters concerning merchandise, services or information ordered from other customers is solely between the Customers involved. ArtQuest is a communication aid (like a telephone or trade publication service) and is not a party to any transactions and shall not be liable for actions or inaction's of any Customers. Customer agrees to hold ArtQuest harmless in regards to the authenticity or condition of any art purchased or sold as a result of the use of the ArtQuest Direct Listing Network or for any information sent or displayed through the ArtQuest Network.
7) Cancellation of the ArtQuest Service. Any service provided by ArtQuest may be canceled at any time and without cause by either ArtQuest or Customer upon notification to the other party. Customers shall have no recourse for any reason as to Cancellation, decisions, or removal of listings, advertisements, links and the like, made by ArtQuest. Upon Cancellation by ArtQuest, ArtQuest will refund any unused portion of prepaid fees or charges.
8) Access to the ArtQuest Service. Customers are responsible for providing all personal computer and communications equipment necessary to gain access to the Network. Minors may not be customers. Access to the Network is subject to interruptions at ArtQuest's discretion.
9) Application Software License. THE ARTQUEST SOFTWARE AND EACH REVISED VERSION THEREOF IS LICENSED TO EACH CUSTOMER SOLELY FOR USE IN ACCESSING THE ARTQUEST NETWORK AND MAY BE USED OR COPIED SOLELY AS INSTRUCTED BY ARTQUEST IN WRITING. USE OR COPYING ANY OTHER MANNER OR FOR ANY OTHER PURPOSE IS PROHIBITED AND IS A BREACH OF THIS AGREEMENT. THE ARTQUEST APPLICATION SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE CUSTOMER. ARTQUEST IS NOT LIABLE FOR INCOMPATIBILITY WITH CUSTOMER'S HARDWARE, HARDWARE MALFUNCTIONS, LOST DATA, SOFTWARE ANOMALIES INCLUDING BUT NOT LIMITED TO, SOFTWARE VIRUSES ASSOCIATED WITH THE USE OF THE ARTQUEST DIRECT LISTING NETWORK OR THE ARTQUEST APPLICATION SOFTWARE. CUSTOMER WILL ASSUME ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONS ASSOCIATED WITH ANY AND ALL SUCH PROBLEMS AND OCCURRENCES. BY USING ARTQUEST, EACH CUSTOMER ACCEPTS THE TERMS OF THIS LICENSE. THIS LICENSE SHALL TERMINATE UPON CANCELLATION OF THE RELATIONSHIP BETWEEN ARTQUEST AND CUSTOMER.
10) Information Supplied to ArtQuest By Customers. Names, addresses and other information provided by Customers must be true and accurate. Such information is subject to verification by ArtQuest.
11) Use of Private Placement. Names, addresses and other information provided by Customers must be true and accurate. Such information is subject to verification by ArtQuest. Upon using the Private Placement service, both the Buyer and the Seller agree to be bound by the Private Placement terms posted on our service under "Private Placement Art Listings".
12) Information Supplied by Customers to Other Customers through the Network. Customers agree not to use the ArtQuest service to transmit, publish or distribute any defamatory, inaccurate, abusive, obscene, profane, sexual explicit, threatening, ethically offensive or illegal material. Use of fictitious names is prohibited. Transmission of material that violates any federal, state or local law is prohibited and is a breach of this agreement no matter where the location. ArtQuest reserves the sole right to review, or edit any material submitted for display or placed on the ArtQuest service and may refuse to display, or may remove from the service without notification any material without liability to ArtQuest that in its sole discretion ArtQuest believes violates this agreement or that is detrimental to other customers or to the business interest of ArtQuest, or is otherwise objectionable.
13) Transfer of This License. In the event Customer wishes to transfer the rights granted by this agreement, Customer must request such transfer from ArtQuest in writing. ArtQuest will then select the cost appropriate method for distribution of transferred rights.
14) Update Policy. ArtQuest may, from time to time, revise the performance of its product and in doing so incur no obligation to furnish such revisions to any customer. At ArtQuest's option, ArtQuest may provide such revisions to customers.
15) Injunctive Relief. It is understood and agreed that not withstanding any other provisions of this agreement, ArtQuest has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of ArtQuest.
16) Dispute Mechanism. This agreement is and shall be governed and construed in accordance with the laws of the State of Missouri. Any claim or cause of action between ArtQuest and Customer must be instituted within 90 days of occurrence through arbitration in St. Louis, Missouri or cause of action or claim shall be barred. Arbitration is compulsory and shall be conducted in accordance with the rules of the American Arbitration Association then in effect. This agreement to arbitrate shall be specifically enforceable.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. BY USING ARTQUEST, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.