1. Acceptance of Website Terms and Conditions of Use
By using this site, you agree that you will be governed by the Terms and Conditions of this Virtual Canvas website (the "Service"). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree with any part of this User Agreement, do no use this Site or download any material from it.
2. Description of Service
Virtual Canvas provides a platform for online art display and exchange. Virtual Canvas' role is only as a facilitator and forum for creators and/or sellers and consumers and/or buyers to meet. We have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of consumers and buyers to buy items. We do not transfer the ownership of items from the seller to the buyer. Consequently, we cannot ensure that a buyer or seller will actually complete a transaction. You agree to deal with any persons at your own risk.
Virtual Canvas does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Site (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.
Certain contents and products on Virtual Canvas may contain adult or mature content. You must be at least 18 years of age to access and view such content and products.
3. User's Obligations
User consents to receive communications from Virtual Canvas electronically, or, if, and when necessary, via fax, phone or mail, in order to facilitate services and transactions in connection with Virtual Canvas. User agrees to provide prompt, accurate, true and complete information to Virtual Canvas, particularly when User enters into a sale transaction on this Site (for example, promptly provide tracking information of shipments to keep Buyer or Seller informed of status of delivery of products bought on this Site.)
Maintenance of Account
You agree to be solely and entirely responsible for all information and materials that you transmit, upload, email, post, or otherwise make available to Virtual Canvas.
You shall also be responsible for maintaining the security and confidentiality of your password and account. If you believe that there has been unauthorized use of your password, account or any breach of security, please contact admin@VirtualCanvas.com.
Update of Item Availability, Commitment to Sale Duration (Time Line)
You agree to be solely and entirely responsible for updating the availability of all artworks and items that you upload and post, or otherwise make available to Virtual Canvas. To obtain the buyer's trust and convenience, and to maintain the integrity of the buying process, you shall commit to a sale duration (time line), and agree not to sell your artwork or item offline until the time line is up or until you sell your work on this site. If you have an offline buyer during the time that your time line is on at Virtual Canvas, you can tell your offline buyer to buy your work online at this site, as an alternative. Otherwise you agree to wait until the time line is up to sell your artwork or item offline.
The timeline is as follows:
1 day (24 hours from time of posting)
91 days & over
If you are going away out of town, or away from actual location of the artwork, we advice you to arrange and assign to someone you know the updating of the sale duration (timeline) and the packaging and shipping of the artwork / item, if you have posted the item online. This way the buyer will receive the artwork / item immediately upon sale.
As a User, you represent and warrant that you and your representative's actions in relation to Virtual Canvas and the Services will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, or false advertising).
As a User, you are responsible for ensuring that the sale of your item, the listing itself, and all
activities and communication (including user ratings, any postings, uploads, and email),
In connection with any transaction will not:
- be false, inaccurate misleading
- Be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, and invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- be fraudulent or involve the sale of counterfeit or stolen items
- infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, OR
violate any law, statute, ordinance or regulation (including, but not limited to, those governing exposure control,
consumer protection, unfair competition, antidiscrimination or false advertising)
- Transmit or otherwise make available any material that contains software viruses, Trojan horses, time bombs,
worms, or any other computer code, files or programs designed to interrupt, destroy of limit the functionality of any
computer software or hardware or telecommunications equipment
- transmit or otherwise make available any material that contains political campaigning, chain letters, mass mailings,
or any form of "spam"
- create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers
- contain pornography
- "stalk" or otherwise harass another user
Right to Publish Images and Information
User represents and warrants that it has the right to publish the images and information supplied to Virtual Canvas, and that such images and information do not infringe on any third party's rights and are not otherwise unlawful. User shall defend, indemnify and hold harmless Virtual Canvas and its officers and representatives from and against any and all losses, damages, liabilities, and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation, reasonable attorney's fees) arising out of, based upon or resulting from any claim of any third party alleging infringement of any copyright, trademark, patent, trade secret, right of privacy, right of publicity, unfair competitions, false advertising, liable, or any other statutory or common law proprietary or civil right.
Non-Exclusive License Grant to Virtual Canvas
For the term of this Agreement, User grants a non-exclusive license to Virtual Canvas to use, copy, modify, display, perform and create derivative works of the images of the User's Property for the purpose of digitizing and formatting such images for placement on the Site and Marketing the Property via the Internet, in accordance with the terms and conditions of this Agreement.
5. Limited License Grant to User
VirtualCanvas.com hereby grants to User a personal, nontransferable, limited license to use computer programs in conjunction with the Site in accordance with these terms and conditions, and for no other purpose. The computer programs contained on the Site or other electronic media contain the intellectual property and proprietary information of Virtual Canvas. All title to, ownership of and rights in and to the computer programs including enhancements, improvements, and other additions thereto shall remain the sole and exclusive property of Virtual Canvas or its licensors. Any reproduction, redistribution, display of the computer programs, or creation of a derivative work of the computer programs is expressly prohibited by this User Agreement. All data and materials digitized by Virtual Canvas on your behalf shall be licensed to Virtual Canvas for the sole purpose of use on this Site.
User agrees to pay a subscription fee determined by Virtual Canvas. Your individual invoice will reflect your fee agreement with Virtual Canvas. Each listing is good until the Property is sold, while listings for limited editions and open-ended editions are good under a single listing until reaching a "sold out" condition.
Virtual Canvas charges a transaction fee which is calculated as a percentage of the purchase price on each sale. The Seller hereby authorizes or has authorized Virtual Canvas to retain that percentage as part of our compensation.
7. Reservation of Rights
Virtual Canvas reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials, without notice to you. Although we believe that most artists will provide serious works, there may be person(s) who may use the site for offensive pranks, or any harmful reasons; Virtual Canvas reserves the right and has absolute discretion to remove, screen, or edit any content that violates its provisions, or is otherwise objectionable to the rest of our users. By using Virtual Canvas, you agree, without limitation or qualification, to be bound by, and to comply with these terms of Service.
Virtual Canvas has the right, but not the obligation, to monitor any activity and content associated with the Site. Virtual Canvas may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such actions many include, but are not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and advertisements. Virtual Canvas may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.
While Virtual Canvas will try to make this Site as convenient to its users as possible; Virtual Canvas assumes no responsibility for error or omissions in this Site. The material and service on this Site may be out of date, and Virtual Canvas makes no commitment to update them. We do not guarantee continuous, uninterrupted or secure access to our services or that defects in the Site will be corrected. Operation of our Site may be interfered upon by numerous factors outside of our control. Virtual Canvas reserves the right to temporarily or permanently shut down the service to this Site with or without prior notice. Virtual Canvas will not be liable for any damages or lost profits resulting from the loss of service.
8. Disclaimer of Warranty
By accessing this Site, you assume all responsibility and risk of use of the Site and any property or services contained therein. The Service and the Materials provided by Virtual Canvas are on an "AS IS" and "AS AVAILABLE" basis, and Virtual Canvas expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the service or any Materials and Products. Virtual Canvas makes no representations concerning any endeavor to review the content of content providers and sites listed in the directory or any of the Materials; and so Virtual Canvas is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials. In no event shall Virtual Canvas be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials and the Products.
Virtual Canvas encourages you to exercise discretion while browsing the Internet using this website. This website may direct you to sites, products and materials containing information that some people may find offensive or inappropriate.
9. Terms and Conditions of Sale
When you register or conduct a commercial transaction on this Site, you will be required to accept our Terms and Conditions of Sale.
As a Buyer, you acknowledge that Virtual Canvas is not the Seller and that Virtual Canvas is acting only as a facilitator between the Buyer and Seller.
As a Seller, you acknowledge that Virtual Canvas is not the Buyer and that Virtual Canvas is acting only as a facilitator between the Buyer and Seller.
No Control Over Buyers and Sellers
Seller, Buyer and Virtual Canvas are independent contractors. Sales occur at Seller's sole discretion. Virtual Canvas cannot screen all content provided by the users of our Site, therefore, we have no control over the quality of condition of the Property advertised, the truth or accuracy of the listings, or the right or ability of Sellers to make actual transfer of the Property. Thus, a Buyer may find a Seller's information to be inaccurate. All sales on the Virtualcanvas.com site are conducted on a "subject to prior sales" basis, therefore, therefore, offerings shown may no longer be available for purchase from the particular Seller at that time, or may not be available in all countries. Seller further agrees to notify Virtual Canvas immediately in the event that Property listed on the site has been sold through another means, or is otherwise not available.
If you believe any information is inaccurate, please contact Virtual Canvas at admin@VirtualCanvas.com
User understands that Virtual Canvas relies upon the presumption that the Property delivered is the Property described by the Seller, and therefore unless otherwise agreed, does not warrant the authenticity or the condition of the Property, warrant the Seller's ownership, right to sell, or other rights in the Property, nor make any representations regarding appraisal or evaluation of the Property. User understands that the Seller alone is responsible for all representations and warranties concerning the property, including the provenance of such property. User further understands that the Buyer has a 72-hour "Satisfaction" Period during which the Buyer and/or Buyer's expert may determine whether the property delivered is the property described.
Virtual Canvas has no control over Buyers, or their ability to purchase Property or to complete the purchase of Property that they have undertaken to acquire. Additional risks exist since Virtual Canvas has no control over Buyers who may be underage persons, or people acting under false pretence or making deceitful representations.
By listing an item, you assert that you are legally entitled to conduct business and to pass ownership of that item. If and when applicable, Seller agrees to provide both Virtual Canvas and Buyer with all information relevant to ownership of the Property including, but not limited to, the Provenance of such Property.
All list items must be listed in the appropriate categories. You must accurately describe each item in the listing and you are liable for any errors or omissions in the description.
Seller represents that the authenticity and condition of the Property on the Listing form is true and correct and that the Property delivered is the Property described in the Listing Form. Seller agrees that if the Property is not to the Buyer's Satisfaction, because the Property described and the Property delivered are not the same, Seller will be responsible for all Shipping and Handling Charges for returned items, unless other shipping arrangements have been agreed upon in the sale transaction.
Seller shall be solely responsible for establishing the listing prices for its Property. Seller acknowledges and understands that, unless otherwise agreed, Virtual Canvas shall receive a ten percent (10%) transaction fee of any price accepted by Seller for the purchase of all Property listed and sold through the Site.
Seller agrees to promptly ship the correct Product in good faith as soon as the order is accepted, and to provide Virtual Canvas and/or the Buyer, a valid tracking number and information for each shipment made. Federal law requires that a product must be shipped on the same day or the soonest possible day from when the order is accepted.
10. Shipping & Handling Costs
User, whether functioning as a Buyer or Seller, agrees and understands that all shipping, insurance, handling and related fees are considered separate fees from the purchase price; and shall be paid as agreed between the two parties and, in accordance with the Terms and Conditions of Sale. For returns, Items must be shipped back in original condition, within 72 hours from date received by the Buyer.
11. Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Virtual Canvas.
12. Trademark Information
Virtual Canvas, the Virtual Canvas Internet logo, and other Virtual Canvas logos, product and service names are trademarks of Virtual Canvas. Virtual Canvas's trademarks may not be used in connection with any product or service that is not Virtual Canvas, in any manner that is likely to cause confusing among customers, or in any manner that disparages or discredits this website.
13. Intellectual Property Rights
All the materials on the Site are protected by copyright laws of the United States of America and international treaty provisions. These include all contents on this site, including text, graphics, logos, button icons, images, software, audio and video clips which are the property of Virtual Canvas, or its suppliers. The collection, arrangement and assembly of all content on this site is also the exclusive property of Virtual Canvas, and is also protected by U.S. and international copyright laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Virtual Canvas or the copyright owner. Permission is granted to display and download the materials on the Site for personal, noncommercial use only in connection with this site. This permission terminates automatically if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material found on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
User will defend, and/or handle at its own expense, any third-party claims arising from (I) any breach by User or its representatives of any of its representations or obligations set forth in this Agreement (ii) any virus, worm, Trojan Horse or other contaminating or destructive feature received by the third-party due to User's or its Representatives' use of VirtualCanvas.com, (iii) any other claims brought by a third party, having a basis in contract or tort, in law or in equity, including but not limited to, fraud, breach of contract, misrepresentation, and gross negligence. User will indemnify against any loss, liability, cost or expense (including reasonable attorney's fees) resulting from any such claim.
15. Limitation of Liability
In no event shall Virtual Canvas be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if Virtual Canvas has been previously advised of the possibility of such damages, or for any lost profits, lost revenues, or lost savings, whether in an action under contract, warranty, negligence, strict liability or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Virtual Canvas's total liability exceed the ten percent (10%) transaction fee on the transaction in question. In no event shall Virtual Canvas be liable to user for any amount in excess of the aggregate amount Virtual Canvas has prior to such time collected from User. For purposes of this Section, the term Virtual Canvas shall be deemed to include Virtual Canvas, its affiliates, parent, directors, officers and employees and any person or entity assisting Virtual Canvas in its performance pursuant to this User Agreement. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.
The Terms and Conditions of User's Agreement and the relationship between User and Virtual Canvas shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Virtual Canvas agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California, USA. The failure of Virtual Canvas to exercise or enforce any right or provision in this User's Agreement shall not constitute a waiver of such right or provision. If any provision of the User's Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User's Agreement remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to us of Virtual Canvas or the User's Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the User's Agreement are for convenience only and have no legal or contractual effect.