(1) No.1 Artist is an online community that allows artists like you to create online portfolios and sell your artwork while interacting with other artists. Through No.1 Artist you can upload photos, add descriptions about you and your talents, promote yourself, increase your exposure, meet other artists, make a name for yourself and sell your artwork directly online through your personal portfolio.
ii) Distinguished market statement
(1) No.1 Artist distinguishes itself from other similar companies by providing a complete online system for artists to market themselves. Now our members can upload pictures, create bios, sell their artwork, search other artists and simply market themselves to their fans and the general public... all in one online community.
iii) Disclaimer statement
(1) No.1 Artist is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. No.1 Artist is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. No.1 Artist assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. No.1 Artist is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will No.1 Artist be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and No.1 Artist expressly disclaims any warranty of fitness for a particular purpose or non-infringement. No.1 Artist cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
iv) Eligibility agreements
(1) No.1 Artist never discriminates against gender, race or ethnicity. We encourage everyone, above the age of 18, to use our website and the service within. If artists or individuals under the age of 18 signup on our site, we will acknowledge that you have received a parents consent to register as a member of No.1 Artist.
v) Term
(1) This Agreement will remain in full force and effect while you use the website and/or are a member of No.1 Artist. You may terminate your membership at any time, for any reason, directly within your account. Refunds will only be given within 72hrs of new account registration. Thereafter, no refunds, for any reason, will be given for any unused portion of membership subscription fees.
(2) No.1 Artist may terminate your membership for any reason, at any time, and will notify you by email upon doing so with an explanation of our cancellation reason. If No.1 Artist terminates your account for any reason, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated this entire Agreement will remain in full effect.
(3) In the event that No. 1 Artist needs to credit a transaction between a member and a customer, No. 1 Artist holds the right to charge the transaction fees to the No. 1 Artist member, if the dispute arises over 72 hours from the date the order was placed.
vi) Use by members only
(1) This website is intended for the use of No.1 Artist members only. Anyone caught tampering or hacking into our system will be considered a violation of our rights and legal action will be taken. Illegal and/or unauthorized uses of the website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken.
vii) Posting agreements, obligations, and responsibilities
(1) You understand and agree that No.1 Artist may review and delete any content, messages, photos, blog content, or profiles (collectively, "Content") that in the sole judgment of No.1 Artist violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
(2) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
(3) The following is a list of such content that is illegal or prohibited on the website. No.1 Artist reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision. It includes content that is considered to be:
Offensive information related to another person or member of the website
Threatening information to another person or member of the website
(4) By posting content, articles and other information to the blog on No.1 Artist ( blog.number1artist.com ), you grant No.1 Artist the right to redistribute your information and other material (collectively, "Content"). This will allow us to offer our Members with increased exposure.
No.1 Artist reserves the rights to all material provided on the No.1 Artist blog. You may not copy or reproduce the material for commercial-use, without the prior written consent of No.1 Artist. Legal action may be taken if information is found to be replicated in any form for commercial-use.
viii) Liability agreements
(1) No.1 Artist is not liable or responsible for work found or not found while being a member of our website. There are many ways you can legally increase your visibility on our website, however there is a chance you will or will not receive jobs or work in the time-frame or manner that you are looking for.
ix) Confidentiality and privacy agreements
(1) The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
x) Copyright agreement
(1) No.1 Artist reserves the right to all information provided on this website. You may not copy or reproduce our copyrighted material in any way. Legal action will be taken if information is found to be replicated in any form.
xi) Responsibility of certain information agreement
(1) All members are responsible for providing information within their portfolio. No.1 Artist is not responsible for any information you personally display within your account.
xii) Non support issues
(1) No.1 Artist will not support your account in any way. You are fully responsible to update, modify and change your account to stay up-to-date with current images, files, links, information, and data.
(2) No.1 Artist will ensure that the website is kept up-to-date with the latest features, functions and compatitibility of the system.
xiii) Email notification statements
(1) No.1 Artist reserves the right to submit email to its members. Such emails may include company updates, portfolio changes and modifications, notification of online messages in your account, and/or newsletters. We however we do our best to keep these emails to a minimum and will never sell our members information to anyone.
xiv) State agreement laws
(1) All agreements and disputes shall be governed and enforced, in accordance with, the state of New Jersey.
xv) Statement of terms and agreement changes
(1) No.1 Artist reserves the right to modify these Terms and Agreements and/or Terms of Use at any time and without prior notice. Our Terms and Agreements and/or Terms of Use can be viewed at any time directly from the footer of every page within the website.
xvi) Termination by violation of terms and agreements
(1) If for any reason, you are considered to be in violation with the Terms and Agreements and/or Terms of Use, your account may be permanently terminated at the consent of No.1 Artist.
xvii) Corporate ownership statements
(1) No.1 Artist is owned and operated by No.1 Talent, LLC. No.1 Talent owns the rights to all corporate information, data, material, pictures and Terms of Use provided by No.1 Artist.
xvii) Product Selling Agreements
(1) Selling products of the following types will not be tolerated, accepted or permitted on our website. If we find that you are selling or distributing them, we will cancel your account and permanently ban you from the site immediately. The following products will not be tolerated, accepted or permitted on No.1 Artist:
Sexually explicit material or adult content
Reproduction of original artwork that has not been approved or licensed for sale or distribution by the original owner.
Copyrighted music
Pirated music CD's
Pirated software
Child pornography
Tobacco
Alcohol
Firearms
Weapons
Prostitution Services
Racially explicit material
Escort Services
Anything that violates any Federal, State, County and/or Municipal laws
Anything considered inapropriate by No.1 Artist and their affiliates.
If you have any questions about whether your product falls into one of these categories or simply have a question, please contact us directly.
(2) As a product selling member on No.1 Artist, you agree to the following:
As a buyer, you are obligated to complete the transaction with the seller
Proper shipment must be made to the buyer for all products purchased off of your portfolio
Shipment of the products to the buyer in a timely fashion
Attempt to resolve all and any disputes that may arise between you and the buyer.
(3) If disputes are un-resolvable between you and the buyer, you and your buyer waive all rights for No.1 Artist to help resolve all buyer/seller disputes. In the event a dispute arises between you, the buyer and/or No.1 Artist, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and No.1 Artist agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. If we find you to not abide by our dispute resolution policies and decisions, we will cancel your membership without prior notice and ban you from the site immediately.
Note: We highly recommend that you purchase Delivery Confirmation on all packages to be notified of successful shipment to your buyer. Delivery Confirmation can be purchased for a nominal fee through your shipping supplier and allows you to receive confirmation of your product(s) delivery.
(4) As a member of No.1 Artist, you agree to pay all transaction fees when selling your products on our website. The transaction fees can be found on the Selling Information page of the website. No.1 Artist has the right to change trasaction fees at any time and without prior notice. The updated fees will always reflect the updated fees on the Selling Information page.
(5) All money, prizes, gifts and winnings received through No.1 Artist as a result of selling products must be claimed by the personal individual who received the payments on their personal or business tax statements for that current year. No.1 Artist is not liable and/or responsible for claiming the winnings or payments for you. For more information on how to accurately claim your taxes, please speak with or consult with a professional accountant.
xviii) Competition and Drawing Agreements
(1) Any contestant entered into a competition and/or drawing must abide by the following rules and guidelines:
Good sportsmanlike conduct must be used at all times towards the contest, the contestants, and other members of the website. If a member is thought to be using improper conduct on the site and/or towards any other member, No.1 Artist retains the right to cancel their membership at any time and for any reason.
All Gallery competitions are won based on the specific terms as described on The Gallery page. If a member is though to be tamerpering or hacking their results, their membership will be terminated immediately and will be automatically removed from the competition and banded from the site immediately.
(2) All money, prizes, gifts and winnings received through No.1 Artist as a result of winning a competition or drawing must be claimed by the personal individual who received the winnings on their personal or business tax statements for that current year. No.1 Artist is not liable and/or responsible for claiming the winnings for you. For more information on how to accurately claim your taxes, please speak with or consult with a professional accountant.
xix) Indemnity
(1) You agree to indemnify and hold No.1 Artist, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
xxi) Disputes
(1) You are solely responsible for your interactions with other No.1 Artist Members. No.1 Artist reserves the right, but has no obligation, to monitor disputes between you and other Members.
xxii) Other
(1) This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and No.1 Artist regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
