1. ACCEPTANCE OF TERMS

Pickin’Art provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Pickin’Art at any time without prior notice to you. The most current version of our TOS and translations into the other languages we do business in can always be found at: http://tos.pickinart.com. By using Pickin’Art, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.

2. DESCRIPTION OF SERVICE

Pickin’Art provides an online art selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Pickin’Art, such as service announcements and administrative messages, and that these communications are considered part of Pickin’Art membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Pickin’Art shall be subject to the TOS. You understand and agree that Pickin’Art is provided "AS-IS" and that Pickin’Art assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to Pickin’Art and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Pickin’Art.

Please be aware that Pickin’Art may contain the work of artists that could be considered adult or mature in nature. Pickin’Art considers this artwork and not pornography and will not limit access to this type of artwork, nor provide any form of prior warning. It is your responsibility to restrict access to this site if you feel it is unsuitable for you or for minors.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of Pickin’Art, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Pickin’Art registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pickin’Art has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pickin’Art has the right to suspend or terminate your account and refuse any and all current or future use of Pickin’Art (or any portion thereof).

4. PICKIN’ART PRIVACY POLICY

Registration Data and certain other information about you is subject to the Pickin’Art Privacy Policy. For more information, see full Pickin’Art privacy policy at http://privacy.pickinart.com.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to (a) immediately notify Pickin’Art of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Pickin’Art, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Pickin’Art does not control the Content posted via Pickin’Art and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Pickin’Art, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pickin’Art be liable in any way for any Content, including, but not limited to, for 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 Pickin’Art.

You agree to not use Pickin’Art to:

• upload or post any Content that is not art, such as wedding, vacation, or personal photographs;
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Pickin’Art employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Pickin’Art;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
• upload, post, email, 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;
• interfere with or disrupt Pickin’Art or servers or networks connected to Pickin’Art, or disobey any requirements, procedures, policies or regulations of networks connected to Pickin’Art;
• intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
• "stalk" or otherwise harass another.

You acknowledge that Pickin’Art does not pre-screen Content, but that Pickin’Art and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Pickin’Art. Without limiting the foregoing, Pickin’Art and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Pickin’Art or submitted to Pickin’Art.

You acknowledge and agree that Pickin’Art may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pickin’Art, its users and the public.You understand that the technical processing and transmission of Pickin’Art, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SELLING ON PICKIN’ART

If you use Pickin’Art to sell or advertise any services, artwork or other products, it is agreed that you ("Seller") must be age 18 or older and provide Pickin’Art with a valid credit card or valid U.S. bank account. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide Pickin’Art with a valid tracking number for each shipment you make. If deemed necessary by Pickin’Art, Pickin’Art and its designees shall have the right to cancel a transaction and issue a refund on behalf of the Seller to the customer without the consent of the Seller. For more information, see the full Pickin’Art refund policy at http://refund.pickinart.com.If you consent to include your personal contact information on any of your portfolio pages you understand and that this will be viewable by anyone in the general public and take full responsibility for the risks this entails. Pickin’Art does not control who can see this information and can not be held liable for any personal injuries, losses or infringements you may suffer due to having released this information.

8. SPECIAL ADMONITIONS FOR 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.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON PICKIN’ART

Pickin’Art does not claim ownership of Content you submit or make available for inclusion on Pickin’Art. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Pickin’Art, you grant Pickin’Art the following indefinite, world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Pickin’Art, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed without need for further license or consent."Publicly accessible" areas of Pickin’Art are those areas that are intended by Pickin’Art to be available to the general public.

10. INDEMNITY

You agree to indemnify and hold Pickin’Art, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Pickin’Art, your use of Pickin’Art, your connection to Pickin’Art, your violation of the TOS, or your violation of any rights of another.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Pickin’Art may establish general practices and limits concerning use of Pickin’Art, including without limitation the maximum number of days that uploaded Content will be retained by Pickin’Art, the maximum disk space that will be allotted on the Pickin’Art servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Pickin’Art in a given period of time. You agree that Pickin’Art has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Pickin’Art. You acknowledge that Pickin’Art reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pickin’Art reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

Pickin’Art reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Pickin’Art (or any part thereof) with or without notice. You agree that Pickin’Art shall not be liable to you or to any third party for any modification, suspension or discontinuance of Pickin’Art.

13. TERMINATION AND CANCELLATION

You agree that Pickin’Art, in its sole discretion, may terminate your password, account (or any part thereof) or use of Pickin’Art, and remove and discard any Content within Pickin’Art, for any reason, including, without limitation, for lack of use or if Pickin’Art believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pickin’Art may also in its sole discretion and at any time discontinue providing Pickin’Art, or any part thereof, with or without notice. You agree that any termination of your access to Pickin’Art under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pickin’Art may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or Pickin’Art. Further, you agree that Pickin’Art shall not be liable to you or any third-party for any termination of your access to Pickin’Art.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Pickin’Art, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pickin’Art 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 Pickin’Art.

15. LINKS

Pickin’Art may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pickin’Art has no control over such sites and resources, you acknowledge and agree that Pickin’Art 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 Pickin’Art 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.

16. PROPRIETARY RIGHTS OF PICKIN’ART

You acknowledge and agree that Pickin’Art and any necessary software used in connection with Pickin’Art ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Pickin’Art or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pickin’Art or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Pickin’Art or the Software, in whole or in part.Pickin’Art grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Pickin’Art. You agree not to access Pickin’Art by any means other than through the interface that is provided by Pickin’Art for use in accessing Pickin’Art.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PICKIN’ART IS AT YOUR SOLE RISK. PICKIN’ART IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICKIN’ART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PICKIN’ART MAKES NO WARRANTY THAT (i) PICKIN’ART WILL MEET YOUR REQUIREMENTS, (ii) PICKIN’ART WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PICKIN’ART WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PICKIN’ART WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PICKIN’ART IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM PICKIN’ART SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICKIN’ART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PICKIN’ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PICKIN’ART; (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 PICKIN’ART; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PICKIN’ART; OR (v) ANY OTHER MATTER RELATING TO PICKIN’ART.

19. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. NOTICE

Notices to you may be made via either email or regular mail. Pickin’Art may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Pickin’Art.

21. TRADEMARK INFORMATION

Pickin’Art is a registered trademark of Pickin’Art, Inc. Without prior permission from Pickin’Art, you agree not to display or use in any manner, the Pickin’Art trademark.

22. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pickin’Art with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of copyright or other intellectual property infringement can be sent to Pickin’Art as follows: email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it

23. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Pickin’Art and govern your use of Pickin’Art, superceding any prior agreements between you and Pickin’Art. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and Pickin’Art shall be governed by the laws of the Switzerland without regard to its conflict of law provisions. You and Pickin’Art agree to submit to the personal and exclusive jurisdiction of the Swiss courts. The failure of Pickin’Art to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Pickin’Art or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS

Please report any violations of the TOS to This e-mail address is being protected from spambots, you need JavaScript enabled to view it .