Helping you Experience Art before you buy it
We offer art leasing to businesses, Interior designers and corporate furniture companies to help distinguish their enviroments with local artwork in various media by well-known and emerging artists.
Leasing art allows you to acquire fine art at an affordable price while also deriving tax advantages
Rotate your Artwork every 6 months to ensure you love your pieces
Leasing art through us is a set fee of 5% of the retail value of each piece per month, with a minimum of a 6 month lease
Jen is landscape photographer who strives to capture the small moment's others miss and bring them into your office to enjoy.
Opportunity is knocking for you to join this amazing company to showcase your art in the local community.
1. USER ACCEPTANCE
This document (the Artist Submission Terms ) contains important legal terms which are additional to the Terms & Conditions relating to the use of the Photojenic Art Network website (the Website) operated by Photojenic Art Network Limited (Photojenic Art Network or PAN or “Seller”). These Artist Submission Terms apply to you if you submit art for consideration to be featured and showcased by Photojenic Art Network. You are referred to in these Artist Submission Terms as the Artist or as you.
You should read these Artist Submission Terms carefully, and we advise you to print and retain a copy for your reference.
By submitting your work of art (Your Work) to the Website for consideration you accept these Artist Submission Terms. If you do not agree with these Artist Submission Terms then you must not submit Your Work to the Website.
These Artist Submission Terms and the Terms and Conditions relating to the use of the Website constitute the entire agreement between you and Photojenic Art Network in relation to the initial submission of Your Work and they supersede all other agreements, statements, letters and other arrangements made between the parties. If Your Work is short listed for selection as featured art by Photojenic Art Network you will also be required to sign-up to some additional terms which will confirm the basis upon which Photojenic Art Network will be entitled to use your Work.
These Artist Submission Terms and any matter arising out of the subject matter of these Artist Submission Terms shall be governed by US law and you agree to submit to the non-exclusive jurisdiction of the courts of US.
Photojenic Art Network reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Photojenic Art Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
2. OUR SERVICES
Photojenic Art Network offers its services to artists through the Website to enable and assist artists who wish to participate in our scheme to build and manage an artist promotional channel and present and feature images of their original artwork including, lens based media, fine art, paintings, mixed media, sculpture, other media (Artist Submissions).
On a periodical basis, a panel of selected specialists (the Photojenic Art Network Board of Curators) and the Website users (Photojenic Art Network Community) select Artist Submissions (the Featured Artist Submissions) to be featured and showcased at Photojenic Art Networks discretion on the Website and in Photojenic Art Networks offline partners editorial pages and newsletters (subject to limitations of space, suitability and other editorial considerations).
Photojenic Art Network accepts Artist Submissions for consideration by the Photojenic Art Network Board of Curators and the Photojenic Art Network Community on condition that the Artist Submissions comply with the representations and warranties set out in Section 4 of these Artist Submission Terms. Without prejudice to any other legal remedy that may be available to us, we reserve the right to reject any Artist Submission (either before or after it has been selected as a Featured Artist Submission) and remove it from the Website and any other publications or circulars, if we determine, at our sole discretion, that the Artist Submission fails to comply with those requirements.
Photojenic Art Network expressly disclaims any and all liability in connection with Artist Submissions. Photojenic Art Network reserves the right to remove any Artist Submissions from the Website and from the consideration process by the Photojenic Art Network Board of Curators and Photojenic Art Network Community, in its sole discretion and without prior notice (whether on the basis of a breach of warranty or obligation under these Artist Submission Terms or for any other reason). Further, Photojenic Art Network reserves the right to terminate any user's access to the Website at any time in its sole discretion and without prior notice.
Artists who, in the sole opinion of Photojenic Art Network, do not comply with these Artist Submission Terms, may at any time be excluded from consideration.
A. SALES OF GOODS BY PHOTOJENIC ART NETWORK:
Photojenic Art Network offers Goods for sale and rental via the Photojenic Art Network Website. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, lease agreement, confirmation of order or other document.
The Seller’s employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
B. ORDERS AND SPECIFICATIONS
All Goods are offered for sale or rental subject to availability and subject to the Seller’s acceptance of the Order.
The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
The Seller has a policy of continuous product development with the Artists and Curators we work with and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the tailored, hand crafted nature of many of the Goods sold on Photojenic Art Network, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the Photojenic Art Network website.
The Seller endeavors to display and describe as accurately as possible the printed colors of the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.
3. PRICE, PAYMENT AND CURRENCIES
The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Sellers credit card or debit card details before accepting the Buyers Order.
Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller. Photojenic Art Network reserves the right to limit, invalidate, or deny the application of credit to a purchase or rental at any time. The Seller may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Photojenic Art Network. The Seller reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.
Seller accepts payment in US currency only.
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of Photojenic Art Network.
The Seller will endeavor to process and ship the purchase Order within 7 days of Order Confirmation, or in the case of rentals, 10 business days or as otherwise stipulated in the Rental Agreement. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
Purchased Goods may not be returned to the Seller except as provided in Section 6 below.
Leased Goods may be returned or exchanged as detailed in the Lease Agreement.
5. RISK OF DAMAGE AND TRANSFER OF GOODS
Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
6. RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS
The Buyer shall have the right to return a purchase within fourteen days of receipt for an exchange or refund at his/her preference only if the item is defective or damaged such that the value of the item is materially affected. Returns will only be accepted if the following procedure is followed:
(i) Email Photojenicnw@gmail.com within fourteen days of Receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Goods to Photojenic Art Network in the condition it arrived in, via the instructions that Photojenic Art Network sends following your email.
(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
All framing supplied by Photojenic Art Network is custom made and non-refundable. If the order includes custom-made framing supplied by Photojenic Art Network, a properly returned order will be refunded in full less the cost of the frame.
Photojenic Art Network will not be held liable for any damage to any Goods caused any time after Receipt of the Order. Photojenic Art Network will not be able to accept any returns of Goods that have been damaged after Receipt
Photojenic Art Network will process and refund/exchange all returns within 30 days of receiving returned Goods from the Buyer in the post or via our chosen common carrier. For orders outside of the USA and EU, Photojenic Art Network may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
Buyers may request to cancel an Order within 24 hours of placing the Order for any reason but only by emailing Photojenicnw@gmail.com. Photojenic Art Network will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately or inform the Buyer to follow the normal returns policy.
7. USER CODE OF CONDUCT
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is Your Work or included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
a. is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
b. infringes or violates any patent, copyright, trademark, trade secret or other property right;
c. violates any laws;
d. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. a reasonable person would consider harassing, abusive, threatening, harmful, stalking, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way toward any person or entity;
f. constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
g. violates or encourages others to violate any applicable law, statute, ordinance or regulation;
h. promotes software or services that deliver unsolicited e-mail;
i. contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
j. is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
k. harms minors in any way;
l. releases or causes to be released personal information of any person, including telephone numbers, street addresses, last names, URLs or email address;
m. engages in commercial activities within the Website;
n. takes any action that may undermine any ratings system that Photojenic Art Network and the Website uses to curate submissions;
o. takes any action that interferes with Photojenic Art Network’s business operations;
p. provides false or deceptive information within your profile or any other Content you post on the Website;
q. deletes, adds or otherwise changes the Content, artwork or other entries unless you have been expressly granted in writing the privileges to do so;
r. allows usage by others in such a way as to violate these Terms and Conditions;
s. copies, modifies, or distributes (i) Content from any website or (ii) any Photojenic Art Network copyrights or trademarks;
t. impersonates any person or entity, including, but not limited to, a Photojenic Art Network official, employee, or agent, or falsely states or otherwise misrepresents your affiliation with any person or entity;
u. forges headers, icons or otherwise manipulates identifiers or metadata in order to disguise the origin of any Content transmitted through the Website; or
v. in any way makes available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
The interactive nature of postings on our Business Page makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by other users ("Opinions") and any Content provided to us by other users are not endorsed by Photojenic Art Network, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Business Page. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Business Page are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.
Photojenic Art Network requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art works for consideration ("Art Submissions"). While Photojenic Art Network makes every attempt to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the person uploading any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.
8. ARTIST WARRANTIES
A. Intellectual Property
By submitting Your Work, you hereby warrant, covenant and represent to us as set out below:
Your Work is your original artistic work, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or versions of a third party’s work and it does not otherwise infringe or violate any persons copyright, design right, trade mark or confidential information.
You are the sole owner of all rights, title and interest in the copyright in Your Work. You have not granted any licenses to third parties to exploit Your Work (except rights which have now lapsed).
Your Work (including the original version and any reproductions) is not and has not been reproduced, promoted or sold for any commercial purposes and you are the sole owner and are in possession and control of the original version of Your Work.
Your Work does not contain anything which is or would be (if Your Work is published) in breach of applicable laws or infringes any third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or menacing).
You agree to indemnify Photojenic Art Network and keep it indemnified on demand against any loss or liability arising to Photojenic Art Network or any of its directors, officers, employees or members of the Photojenic Art Network Board of Curators out of the breach of any of the warranties above and against any breach of your obligations under these Artist Submission Terms.
You agree to notify us at firstname.lastname@example.org if any of the representations above is incorrect or misleading in any way. Your warranties under this Section 4 will be qualified in respect of any such notification that you give us providing it is fair and complete.
You acknowledge and agree that the words PHOTOJENIC ART NETWORK and PHOTOJENIC ART NETWORK.COM and any other name, logo and sign used on the Website, as well as the design and layout and all content of the Website (including Featured Artist Submissions) are the trademarks, copyright and other intellectual property rights of Photojenic Art Network and are owned solely by (or licensed to) Photojenic Art Network. You shall not acquire any title, right or interest (including any user right) in any such intellectual property by reason of your submission of Your Work to the Website or by reason of its possible selection as a Featured Artist Submission. You acknowledge and agree that any use of our intellectual property is subject to our prior written consent.
The Content on the Website, excluding any Art Submissions, created by Photojenic Art Network and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Photojenic Art Network, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Photojenic Art Network or as expressly provided herein. Photojenic Art Network reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Photojenic Art Network requires our users who post Content and artists who submit Art Submissions to respect an honor all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent. Photojenic Art Network reserves the right to remove any Content and/or Art Submissions if we believe it may infringe the copyright rights of others. Photojenic Art Network also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following: (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Photojenic Art Network to locate the material; (c) Providing URLs in the body of an email to best help us locate content quickly; (d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (e) Your contact details.
Such written notice should be sent to Photojenic Art Network via Email to: Photojenicnw@gmail.com
Photojenic Art Network will then do an initial investigation into the claim and contact you as soon as possible to request additional information and inform you of action to be taken.
If you become aware of any unauthorized use or misuse of Your work or any actual or suspected infringements of the copyright in Your Work during the ninety (90) days consideration period or after Your Work has been selected as a Featured Artist Submission (each, an Unauthorized Use), you shall notify us forthwith in writing giving such particulars of such Unauthorized Use as may be available in the circumstances. You shall not take or threaten any action or legal proceedings and shall not make any threats, complaints or statements to any third party in relation to such Unauthorized Use. Photojenic Art Network in its sole and unfettered discretion, shall decide whether to take any action or make any threats or statements in relation to such Unauthorized Use. You agree to provide to Photojenic Art Network (at your expense) such assistance, information and documentation as Photojenic Art Network may reasonably require in connection with the enforcement of the rights assigned to Photojenic Art Network under these Artist Submission Terms against any third party.
In no event shall Photojenic Art Network be liable to you for any damages, including any lost profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, violation of copyright or other intellectual property interest, or any consequential, special, incidental, or indirect damages of any kind arising out of the services provided by Photojenic Art Network or its failure to provide these services, the consideration, selection or rejection of Your Work or any other Artist Submission or out of the operation of the Website, or the content of the Website, or the exploitation of any Featured Artist Submission, or as a result of the exercise or inability to exercise the rights granted to Photojenic Art Network hereunder or as a result of the termination or expiry of these Artist Submission Terms, even if we have been advised of the possibility of such damages in advance.
Photojenic Art Networks maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Artist Submission Terms or in connection with the operation of the Website, either in tort, for breach of contract, misrepresentation or negligence, shall be limited to a sum equal the amount paid to you, or which would be payable to you if Your Work is selected as a Featured Artist Submission under these Artist Submission Terms.
Notwithstanding anything to the contrary above, nothing in these Artist Submission Terms shall operate to exclude or restrict our liability for death or personal injury resulting from our negligence, or our liability to fraud or fraudulent misrepresentation made by us, or any liability that cannot be limited or excluded by law.
Photojenic Art Network may terminate these Artist Submission Terms for any reason, including but not limited to breach by you of any of the warranties or obligations under these Artist Submission Terms or any of the Terms and Conditions relating to the use of the Website, by giving you notice in writing (including by fax or email). Termination of these Artist Submission Terms shall not affect any accrued rights or obligations of either party but shall release both Photojenic Art Network and you from any further obligations hereunder.
Photojenic Art Network may, under certain circumstances and without prior notice, immediately terminate your account and any other Photojenic Art Network services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Photojenic Art Network product or service. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Photojenic Art Network's sole discretion and that Photojenic Art Network shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
C. General Terms
Nothing in these Artist Submission Terms shall create, or be deemed to create, a partnership or joint venture between you and Photojenic Art Network. Except as expressly provided herein, these Artist Submission Terms shall not be construed as giving rise to the relationship of principal and agent or to any authority by you to represent or act on our behalf.
If at any time any provision of these Artist Submission Terms are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Artist Submission Terms.
A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
No omission or delay in exercising any right, power or privilege under these Artist Submission Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.
9. WEBSITE WARRANTY DISCLAIMER
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Photojenic Art Network, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Photojenic Art Network, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Photojenic Art Network makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Photojenic Art Network does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Photojenic Art Network will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Photojenic Art Network or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
10. LIMITATION OF LIABILITY
In no event shall Photojenic Art Network, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Photojenic Art Network, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) Any interruption or cessation of transmission to or from the website, (e) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and/or (f) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Photojenic Art Network shall not be liable for any content, any Submitted Art, Copyright violation by a user of the Photojenic Art Network Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
With regards to Goods purchased by the Buyer, the liability of Photojenic Art Network, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
The Website is controlled and offered by Photojenic Art Network from its facilities in the United States. Photojenic Art Network makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Photojenic Art Network, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Photojenic Art Network, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms and Conditions; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that any of your Content or Art caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
12. ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Photojenic Art Network without restriction.
14. COPYRIGHT NOTICE
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Photojenic Art Network.
All of the Photojenic Art Network and Website trademarks are owned by Photojenic Art Network and may not be used for any purpose without the prior written permission of Photojenic Art Network.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Photojenic Art Network's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Photojenic Art Network reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. VIOLATIONS OF THESE TERMS & CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behavior, to Photojenicnw@gmail.comPlease state the reasons for your concern and provide a link to the Content or, if appropriate, the behavior in question. Photojenic Art Network will investigate the matter and determine at its sole discretion whether to remove the material or take actions against the user reported.