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User Agreement
Last modified: 13th June 2008

FRESH ART is an Internet service by a-linea Schütz Multimediaproduktion KEG located at http://www.freshart.eu. FRESH ART provides an online platform to buy art subject to the following terms and conditions.
Acceptance of Terms. Before you can buy art through FRESH ART you have to read and accept this User Agreement. By checking on the space beside ‘I agree on the Terms of Service' within the ordering process you hereby represent that you have read, understood and accept the terms and conditions of this User Agreement.
Amendment. We may, at our sole discretion, change, modify, add or remove any portion of this User Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the site and the services after such changes are posted will constitute your agreement to such changed User Agreement.

PARTICIPATION REQUIREMENTS
Capacity to Contract. The services are available only to individuals who can form legally binding contracts. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians.
FRESH ART's Relationship to You. FRESH ART is not a party to any transaction relating to the art. FRESH ART is only a venue for sellers to list art and for buyers to purchase such art. FRESH ART has no control over the sellers and buyers. FRESH ART has no control over the quality or legality of the art listed, the truth or accuracy of the listings or any other information provided by a user about the art. We do not transfer legal ownership of items from the seller to the buyer.

PURCHASING ART
Purchasing. Buyers are obliged to complete the sale transaction upon completion of the checkout process. You agree that the information is complete and accurate. FRESH ART reserves the right to disapprove, suspend or terminate your activities on freshart.eu for any reason, at its sole discretion, and to prohibit you from participating in the services.
Prices and Taxes. Buyers are liable for the posted purchased price of the piece(s) of art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax.
Payments. Payment for the art may be made by credit card as specified on the website. All posted purchase prices are listed according to their value in EURO.
Right of Withdrawal. FRESH ART reserves the right to withdraw from the contract of purchase if the seller has sold the art before without informing FRESH ART or any other reason. In such case the act of sale is void by law. No money or goods will be transferred.

DELIVERING THE PURCHASED ART
Privacy. After completing the purchasing process your name and address will be sent to the seller in order to make the shipment possible. The seller is obliged to handle your personal data with special care and only use it to send you the purchased art.
Shipping and Packing. The seller shall pack the piece(s) of art and ship them to the address specified by the buyer. The piece(s) of art should be packed so as to protect them during shipment. FRESH ART shall not participate in the packing process, and in no event shall FRESH ART be liable for any damages of any kind arising from the packing or shipment of any art. The delivery time may vary due to fact that the art will be shipped directly by the seller. Shipping costs will be listed as separate costs near the retail-selling price.
Freight and Transportation. The seller must use the transport service company recommended by FRESH ART in order to avoid any additional costs on both sides. The seller is responsible for the costs associated with all freight, shipping and other costs related to transporting the art from the seller's location. The buyer might choose to have his items sent with or without insurance. The costs for insurance are on the buyers side.
Ownership Transfer. The art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.

RETURNS
No Return. Unless otherwise stated for a particular piece of art, a buyer may not return a piece of art.

Additional Information

FRESH ART is an Internet service by a-linea Schütz Multimediaproduktion KEG located at http://www.freshart.eu (the Site).

RESTRICTED ACTIVITIES
Any information you provide during the registration, listing or sale/purchase process and your activities on FRESH ART shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for FRESH ART or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.

INTELLECTUAL PROPERTY
Your Information. You agree to grant FRESH ART a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of art. FRESH ART will use such information solely to enable it to provide the services.
The Site and Services. The trademarks, trade names, designs and all material contained on FRESH ART, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of FRESH ART or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of FRESH ART, is strictly prohibited.

DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer. The art, Site and services, including all content, functions, materials and information made available on or accessed through the Site or the services, are provided on an "as is" and "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. FRESH ART does not warrant that the art, services or the functions, features or content of the Site will be timely, accurate, secure, uninterrupted or error free, or that defects will be corrected. FRESH ART makes no warranty that the art, Site or services will meet users' requirements or expectations, and expressly disclaims any warranties or guarantees that by listing art on the Site, the listed art will be sold. If you are dissatisfied with the Site or any services, your sole remedy is to discontinue using the Site and the services. FRESH ART makes no warranty regarding any art purchased or obtained through the Site or any transactions entered into through the services. No advice or information, whether oral or written, obtained by you from FRESH ART or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. FRESH ART expressly disclaims any endorsement or warranty of any art sold on or through the services, and any responsibility for any misrepresentations or breaches committed by another user.
Limitation of Liability. In no event shall FRESH ART be liable for any damages of any kind arising from (i) any injury to any person or property caused by the art (ii) defects in such art on any theory of liability or (iii) any return of any art. In addition, in no event shall FRESH ART be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services, the Site or its content, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if FRESH ART or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the total liability of FRESH ART to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from this user agreement or your use of the Site and the services exceed, in the aggregate, EUR100,00.
Indemnity. You agree to defend, indemnify and hold harmless a-linea Schütz Multimediaproduktion KEG, its officers, directors, agents, subsidiaries, employees and partners, from 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 any breach or violation by you of this User Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.

DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial rules of Austrian law.
Court and place of jurisdiction is Vienna, Austria.

GENERAL PROVISIONS
Eligibility. Only registered users are eligible to participate in the services.
Third Party Links. Where FRESH ART provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. FRESH ART is not liable for any damages or injury arising from use of such sites.
Modification and Availability. FRESH ART may, at any time, delete, modify or supplement the content of the website without prior notice. FRESH ART reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the services, including, but not limited to, content, features or hours of availability. FRESH ART may also impose limits on certain features of the services or restrict your access to part or all of the site or the service without notice or penalty.
Monitoring. You agree that FRESH ART has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. FRESH ART reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Access and Interference. You agree that you will not use any automatic device or manual process to monitor or copy FRESH ART's web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on FRESH ART's infrastructure.
Service Integrity. FRESH ART makes reasonable commercial efforts to make its services and site available at all times. However, FRESH ART is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
Termination. This User Agreement constitutes a legally binding agreement between you and FRESH ART until terminated by you or FRESH ART, which FRESH ART may do at any time, without notice, at FRESH ART's sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.
Privacy. FRESH ART's Privacy Policy, is hereby incorporated by reference.
Governing Law. This User Agreement is made and shall be governed by and construed in accordance with the laws of Austria.
Injunctive Relief. It is understood and agreed that, notwithstanding any other provisions of this User Agreement, breach of the provisions of this User Agreement by you will cause FRESH ART irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under this User Agreement in addition to any and all other remedies available at law or in equity.
Waiver. The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Severability. In the event that any provision of this User Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this User Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Entire Agreement. This User Agreement comprises the entire agreement between you and FRESH ART and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this User Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this User Agreement.

Privacy Policy

At FRESH ART we respect your right to privacy and we understand that visitors to www.freshart.eu (the Site) need to control the uses of their personal information. FRESH ART allows individuals to list and sell their photographs, paintings, sculptures, furniture, crafts and other works of art (collectively art) on our Site. The privacy policy below details the measures taken by us to protect your privacy in connection with your use of our Site.

WHEN DO WE COLLECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
Registration. When you register, we ask for your e-mail address, user name and other information. Once you are a registered user you can update your profile and you may elect to provide additional information (e.g. a nickname and certain user preferences).
Forms and Purchases. We also use various forms for listing, selling, purchasing and returning the Art. We may collect, depending on the form, your contact information (e.g., your e-mail address, mailing address and/or telephone number) and necessary financial information (i.e., your credit card number). Contact information is used to process a sale and to provide our registered users with a means to get in touch with one another when deemed necessary. We use third parties to accept and process credit card payments for purchases of Art.
Special Contests or Promotions. We may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry in such contest or promotion, we may ask you to provide personal information. If we plan to share your personal information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms.
IP Address. An Internet Protocol ("IP") address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We will use your IP address to help diagnose problems with our server and to administer our Site. Your IP address also may be used to gather broad demographic information.
Cookies. A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide. If you are a registered user, we will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your personally identifiable information. Additionally, be aware that if you visit other websites you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

HOW DO WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
Customized experience. We gather your personally identifiable information to provide you with a customized experience on our Site. Your personally identifiable information helps us tailor the content, services, goods and advertising to your current and future needs.
E-mail. If you register with our Site, from time to time, we may e-mail you with informative messages about our services or third party products and services we believe may be of interest to you, such as new features and services, special offers and updated information. Our newsletters (see below) may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We will combine such information with other information we have about you and may use this information to improve your experience with our Site and/or provide customized e-mail communications to you.
WHO DO WE SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH?
We will not share your personally identifiable information with third parties (aside from entities that perform services for us, such as processing credit card payments, that either are bound to comply with our privacy policy or have privacy policies that protect your information) unless you have "opted-in" to such sharing.
However, we may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone's safety.
We may gather demographic information from you (for example, your age, education level or household income) from time to time. We will not share such information with any other person or entity in a manner that identifies you as an individual, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.
As we develop our business, we may buy or sell assets, and, depending upon the transaction, your personally identifiable information may be one of the transferred assets. In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party.

WHAT ARE YOUR OPTIONS TO CONTROL THE USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION?
Although most users of our Site tell us they value receiving our newsletters, special promotions and information regarding service provided by others, we recognize the importance of providing you with choice and control. If you would rather not receive e-mails about new products, promotions, or other noteworthy news, please click the unsubscribe link in our newsletter.

HOW CAN I UPDATE MY PROFILE?
Yes, you can update your user details when you log in on our site and click on the Account Maintenance.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR PRIVACY?
Security. We have security measures in place to protect the loss, misuse and alteration of the information under our control. These security measures include a firewall to prevent unauthorized access to our systems and maintenance of registration information in a separate database. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure. We will protect the transmission of credit card information through industry standard, SSL (secure socket layer) encryption.
Links to Other Sites. Our Site contains hyperlinks and pointers to Internet sites maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products or services on such third-party sites and are not responsible for their content. Many third-party sites have their own privacy policies that differ from ours. This privacy policy only covers our Site and does not cover any other site. While we make every effort to keep your information secure, we do not control the policies of other sites.
FRESH ART NEWSLETTER
FRESH ART publishes a periodic newsletter, covering the latest developments and news from FRESH ART and our partners. In order to subscribe, just leave your name and email in the section "Newsletter" on our site. If you would rather not receive e-mails about new products, promotions, or other noteworthy news, please click the unsubscribe link in our newsletter.

CONTACTING FRESH ART
We would like to receive your comments and questions about this Privacy Policy and any other matter you have regarding our Site. Please address comments or questions to us via e-mail or postal mail.
a-linea Schütz Multimediaproduktion KEG
Beingasse 5-9
A - 1150 Vienna
Austria
tel. office: +43.1.982 30 55-5
fax: +43.1.982 30 55-3
e-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

ACCEPTANCE OF PRIVACY POLICY
Your use of our Site, including any dispute concerning privacy, is subject to this Privacy Policy and the User Agreement. BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR USER AGREEMENT. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of our Site following posting of the updated Privacy Policy will constitute your acceptance of the changes.