Powered by Boo
  1. You must login or register to continue.
Close

Terms of Service

The following describes the terms on which TurnIntoArt offers you use to our services.

Introduction

Welcome to TurnIntoArt. By using the services on the TurnIntoArt websites (the "WS"), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with TurnIntoArt and the general principles for the websites of possible subsidiaries and all affiliates.

Before you may become a member of TurnIntoArt, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly urge that as you read this User Agreement you also click and read the linked information. By accepting this User Agreement, you also agree that your use of TurnIntoArt does not reflect the artist and that TurnIntoArt is not responsible for the transaction between the artist and you (customer).

This Agreement is effective on July 15, 2008 for current users and upon acceptance for new users

Using TurnIntoArt

While using the WS, you will not:

  • post inappropriate content;
  • violate any laws, third party rights, or local laws;
  • use the WS if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or ad infinitum suspended from our WS;
  • fail to deliver payment for items purchased by you, or cancel payment, or else the art will not be mailed;
  • fail to deliver items purchased from you, unless you choose to give the customer a refund;
  • manipulate the price of any item or interfere with other user's listings, bids;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to TurnIntoArt;
  • post phony, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may weaken the feedback or ratings systems;
  • transfer your TurnIntoArt account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm TurnIntoArt, or the interests or property of TurnIntoArt users;
  • copy, modify, or distribute content from the WS and TurnIntoArt's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing TurnIntoArt

TurnIntoArt and the Community work together to keep the WS working properly and the Community full of custom art. Please report problems, offensive content, and policy violations to us at support@turnintoart.com

Without limiting other solutions, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the WS if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the mission of our WS. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. We might cancel bids after a period of 48 hours of no acceptance/payment by customer.

Fees and Services

Artists joining TurnIntoArt and bidding on listed items is free. Customers joining TurnIntoArt and listing items to be bid on is free. We do NOT charge fees for using other services, such as becoming an artist. When you post a picture and accept a bid, you will be charged by the artist through Authorized.Net.

The bid the customer accepts will be paid in full to the artist. TurnIntoArt will then bill the artist for 8 percent of the transaction. That fee will be used for 1) website maintenance, 2) advertising so more customers create work for artists, and 3) business expenditures.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the WS in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

ALL SALES FINAL. Customers should be careful to research the artist’s profile on our website. High bids sometimes mean that the artists is a master artist / professor / in galleries. Very low bids sometimes means that the artist has very little experience, but loves to draw. THERE ARE NO RETURNS.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold TurnIntoArt responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional art seller, since the art you will purchase is based from your posted/uploaded picture. Instead, the WS is a venue to allow anyone to accept a bid for just about any type of art, at anytime, from anywhere (in United States), in a variety of pricing bids. We have no control over and do not guarantee the quality, safety or legality of item(s) delivered, the truth or accuracy of listings, the ability of artists to create items to your liking, or that a buyer or seller will actually complete a transaction.

Legal ownership of item(s) from the artist to the buyer is valid once buyer receives item(s), but nothing in this agreement shall modify the governing provisions of state laws, which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the artist. Unless the buyer and the artist agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the artist, in accordance with state laws, and may use the item in any legal fashion. Unless otherwise agreed, the artist will no longer own the painting/art once it has been received by the purchaser.

Further, we cannot guarantee continuous or secure access to our services, and operation of the WS may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. ALL SALES ARE FINAL. THERE ARE NO RETURNS, unless the artist and buyer agree. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our WS. Buyers will leave feedback on artists. Unless the feedback is inappropriate (according to TurnIntoArt staff), it will remain. Thus artists must do a magnificent job!

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability (8% of transaction).

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, 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." You also waive similar statutes in other states.

Access and Interference

The WS contains robot exclusion headers. Much of the information on the WS is updated on a real-time basis and is proprietary or is licensed to TurnIntoArt by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the WS for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the WS without the prior expressed written permission of TurnIntoArt and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the WS or any activities conducted on the WS; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the WS.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the TurnIntoArt Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on TurnIntoArt's national registered agent (in the case of TurnIntoArt) or to the email address you make available to TurnIntoArt in the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Otherwise, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and a TurnIntoArt artist, you may notify us at support@turnintoart.com and we will try to resolve the issue, even though we will not be held accountable in any manner or form. It is our goal to have satisfied artists and consumers.

Thank You!
TurnIntoArt Staff.