Effective date: These terms of service were last updated on 15 January 2012. These terms of service contains the standards for use of the website www.artunika.com ("The Site") operated by ARTUNIKA. By using the Website you accept these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all use of the site. We reserve the right at any time to modify or update the terms and conditions of this agreement without prior notice. Changes take effect immediately upon being posted at the site. Your continued use of the Site after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be changed.
- Description of service ARTUNIKA gives members access to buy and sell artworks. Each member is responsible for (1) all needed equipment associated with their Internet connection and (2) access to the Internet, and (3) all fees associated therewith.
- Disclaimer of Warranties The Site is provided on an "as is" and on an "as available" basis. To the extent permitted by applicable law, ARTUNIKA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the site due to its correctness, accuracy, reliability or otherwise. ARTUNIKA have no liability for any interruptions in the use of the Site. ARTUNIKA disclaims all warranties with respect to the information, including implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
- Limitation of Liability ARTUNIKA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ARTUNIKA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ARTUNIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
- Indemnification The member agrees to indemnify and hold ARTUNIKA, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of the Member's use of the Site, the violation of this Agreement, or violation of any law by Member.
- Changes or interruption of the Site ARTUNIKA reserves the right to modify or discontinue the website with or without notice to members. ARTUNIKA shall not be liable to Member or any third party should ARTUNIKA exercise its right to modify or discontinue the Site. Member acknowledges and accepts that ARTUNIKA does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of ARTUNIKA’s control.
- Disclaimer about accuracy of vendor information Specifications and other information about the sale of artworks on the site has been contributed by individual sellers and is not verified by ARTUNIKA. This applies, however, that ARTUNIKA makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided herein. ARTUNIKA makes no guarantees regarding any product offered by a vendor and you acknowledge that any reliance on representations and warranties offered by a salesperson at your own risk.
- Information for customers Purchases of items from the site is subject to the terms of trade, which can be viewed here: Terms and Conditions of trade and FAQ can be found here: FAQ.
- Copyright and Trademark Information By submitting images of artworks for sale on the Site, you warrant and represent that you own all rights and are not restricted by any copyright. You give ARTUNIKA worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the images for promotional of the artworks for sale on the website. To the extent that you do not own all rights, or that ARTUNIKA's use of any of the images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to hold ARTUNIKA harmless from any claims or demands including attorneys' fees and costs incurred by ARTUNIKA with respect thereto. All images on this website are either owned or licensed by ARTUNIKA and may not be reproduced or used in any manner without express written permission of ARTUNIKA and where appropriate the relevant artist. Copyright © 2009 ARTUNIKA. All rights reserved. All physical artwork is owned solely by the individual artists represented on the website.