THE FOLLOWING DESCRIBES THE TERMS ON WHICH ART OF HEART OFFERS YOU ACCESS TO OUR SERVICES AND SITE.

The User Agreement ("Agreement") constitutes an agreement, which describes the terms and conditions applicable to your use of Art of Heart services and site. The terms contained on this page may be revised from time to time. To protect your interests, visit this page periodically to review the current terms of this agreement.  

When using particular services of Art of Heart, you shall be subject to any guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. If you have any questions concerning our User Agreement please contact artofheart28@hotmail.com.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and Art of Heart. This Agreement was last revised on March 24, 2004.

Membership Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Art of Heart members.

Fees and Services

Access to Art of Heart site is free. Please check our Terms of Sale. We may change our Terms of Sale and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes our site or deliver them to you by e-mail. However, we may choose to temporarily change our Terms of Sale and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on our site or deliver them to you by e-mail. When you use our services you will have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our services and our website and all applicable taxes as applicable.

Bidding and Buying

If you are the highest bidder at the end of an auction, meeting the applicable minimum bid or reserve requirements, and your bid is accepted by Art of Heart, you are obligated to complete the transaction with us. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description). When you bid, you are certifying that you have the legal right to purchase the item(s) being presented.

Listing and Selling  

Art of Heart does not guarantee the accuracy, integrity or quality of any content that it may post to auction sites, as this information may be gathered from third parties. You understand that by using the services or the site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Art of Heart be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available through the services or site.

By using Art of Heart services you agree:

1. To grant Art of Heart the right and permission to charge you or your account for the purchase of any item you may buy.

2. In the event that you have a dispute with one or more users, customers, buyers, sellers, dealers or any other entity, you release Art of Heart and our affiliates, related companies, owners, shareholders, officers, directors, agents, subsidiaries, legal representatives and employees 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 such disputes. If you are a California resident, you waive California Civil Code '1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3. To cooperate fully with any complaint or investigation, including without limitation, providing us specific information regarding your right to an item, the source of an item, your acquisition of an item, or any other information concerning an item.

4. That we may withhold payment or charge your bank accounts any amount you owe us if (a) a sale is canceled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; or (c) you otherwise owe us any amount, whatsoever. You agree that we may deduct any amount you owe us from any amount we may owe you.

5. That Art of Heart is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Art of Heart, and its parent (if applicable), subsidiaries, affiliates, owners, officers, shareholders, directors, attorneys, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Art of Heart that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Art of Heart as a reseller of goods. Art of Heart reserves the right at any time to modify or discontinue, temporarily or permanently, the site or any part of the site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the site or any services under this Agreement.

Binding Bids 

If you provide an item to Art of Heart and your item receives at least one bid at or above the stated minimum price or, at or above the reserve price, Art of Heart becomes obligated and therefore you become obligated to complete the transaction with the highest bidder upon the auction's completion or the negotiated purchaser upon completion of a sale negotiation, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) the buyer's identity can not be authenticated.

Fraud 

Without limiting any other remedies, Art of Heart may suspend or terminate your account if you are found, by conviction, settlement, or other investigation, to have engaged in any fraudulent activity in connection with our site or in transacting business with us.

Intellectual Property 

Art of Heart does not list or offer for sale any items which may infringe upon any patent, copyright, trademark, trade secret or other intellectual property rights of third parties. Third parties can report infringing items, and Art of Heart will investigate such items.

Rigging 

Users may not manipulate the price of any item and no user may interfere with other user's listings or auctions placed by Art of Heart.

Prohibited Activities

You agree not to use our services or site to:

1. upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. impersonate any person or entity, including, but not limited to, a Art of Heart's official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content listed on the site or provided by our services;

4. upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, stolen items or items you do not have the legal right to sell);

5. advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

6. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services or the site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

8. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;

9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

10. "stalk" or otherwise harass another; or

11. collect or store personal data about other users.

Your Information

Your personal information is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area, including the feedback area, or through any e-mail feature. You are solely responsible for your personal information, and we act as a passive conduit for your online distribution and publication of your personal information.

Your personal information, or any item listed therein or provided to Art of Heart: (a) shall at all times provide true, accurate, current and complete information; (b) shall be maintained and promptly updated to keep it true, accurate, current and complete; (c) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe Art of Heart's or any third party's copyright, patent, trademark, trade secret, proprietary rights, confidential information or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not violate any law, statute, ordinance or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (g) shall not be obscene, immoral or contain child pornography; (h) shall not contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to or cause any damage, interfere with, intercept or expropriate any system, data or personal information; (I) shall not create liability for us or cause us to lose, in whole or in part, the services of our ISPs or other suppliers; and (j) shall not include descriptions of or link directly or indirectly to goods or services that: (1) are prohibited under this Agreement; (2) are concurrently listed for auction on a web site other than those arranged for or post by Art of Heart; (3) are identical to other items you have on auction but are priced lower than your item's reserve or minimum bid amount; or (4) you do not have any right to link to or include. You may not list any item with us or on our site, or conduct any transaction using any of our services, that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current prohibited items list, as may from time to time be posted or revised by Art of Heart. If you provide any information that is untrue, inaccurate, not current or incomplete, or Art of Heart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Art of Heart has the right to suspend or terminate your account and refuse any and all current or future use of the services or site (or any portion thereof).

You agree to indemnify and hold Art of Heart, and its parent (if applicable), subsidiaries, affiliates, owners, officers, shareholders, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Art of Heart, and its parent (if applicable), subsidiaries, affiliates, owners, shareholders, officers, directors, attorneys, agents, and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.

To prevent Art of Heart from violating any rights you might have in the information you provide to us and to enable Art of Heart to use such information, promote and facilitate the sale and purchase of your goods and items, you agree to grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, paid-up royalty-free, sub-licensable license and right to reproduce, modify, adapt, publish and display on the site and on the sites of our marketing partners your descriptions of goods listed for sale and the ratings you have given describing the condition of the goods for sale, and to exercise the copyright and publicity rights, in any media whatsoever, whether known or not, with respect to your personal information. Art of Heart will only use your personal information in accordance with our Privacy Policy.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Art of Heart services and site, including payment and delivery of related services or goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Art of Heart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

Links

Our services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Art of Heart has no control over such sites and resources, you acknowledge and agree that Art of Heart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Art of Heart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Proprietary Rights
You acknowledge and agree that the services, the site and any necessary software used in connection with the services or the site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the services, site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Art of Heart or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the site or the Software in whole or in part. You agree not to access the services or the site by any means other than through the interface that is provided by Art of Heart for use in accessing the services or the site.

You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (ii) nothing in this Agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Art of Heart's intellectual property.

Copyright (©) 2001-2003 Art of Heart. This site and its content, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Art of Heart or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Art of Heart and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Art of Heart site or any services being conducted or offered on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Art of Heart by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your personal information) from our website without the prior expressed written permission of Art of Heart or an authorized third party. You agree not to use the Art of Heart site for any fraudulent or illegal purpose. You agree to provide your true name using a valid e-mail address and update this information as it may change. You agree to refrain from spamming any user of this site and not to compile a list of any users or e-mail addressed from this site for any purpose whatsoever. Such will result in immediate termination of your account and ability to use our site.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Breach

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your access to the services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Art of Heart may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services. Further, you agree that Art of Heart shall not be liable to you or any third party for any termination of your access to the services.

Privacy

Our current Privacy Policy is available at privacy.htm. The terms contained on this page may be revised from time to time. To protect your interests, visit this page periodically to review the current terms of our Privacy Policy.  

No Warranty 

WE AND OUR SUPPLIERS PROVIDE OUR PRODUCTS, WEB SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Limitation of Liability

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ART OF HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Art of Heart and its subsidiaries, affiliates, officers, owners, partners, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of any third party, or your use of our site or content you submit, post, transmit or make available through the site, your use of the services, your connection to the services, or your violation of any rights of another.

Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and your authorization of auctions, listings, purchases, solicitation of offers to purchase, and sale of items by Art of Heart.

No Agency

You and Art of Heart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by e-mail or post mail to Art of Heart or to you at the e-mail address you provide to Art of Heart during the registration process. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Art of Heart during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Art of Heart may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts, necessary to protect the rights or property of you or Art of Heart pending the completion of arbitration.

Additional Terms

The following documents are incorporated by reference:

1. Our Privacy Policy is available at privacy.htm. The terms contained on this page may be revised from time to time. To protect your interests, visit this page periodically to review the current terms of our Privacy Policy.  

2. All other Policies are available upon request and may be changed at the discretion of Art of Heart.

General

This Agreement shall be governed in all respects by the laws of the State of Massachusetts without regard to its conflict of law provisions. Art of Heart and you agree to submit to the personal and exclusive jurisdiction of the Courts of the State of Massachusetts in Suffolk County. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be null and void and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services, site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Disclosures

The services hereunder are offered by Art of Heart located at 416 Commonwealth Ave., # 103, Boston, MA 02215, USA. Most of our services are free of charge. However, fees for customized services are available upon request from artofheart28@hotmail.com. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.