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user agreement
Welcome to the User Agreement for bigartspace.co.uk (�User Agreement�).
The services available at http://www.bigartspace.co.uk are provided by Bigartspace Ltd (�Bigartspace�, �we�, �us�) Registered in England no: 5266866. VAT Number GB 912 2489 35. Registered address: 11 Bromley Road, Manningtree, Essex CO11 2JE. Bigartspace Ltd is subject to English law and subject to the exclusive jurisdiction of the English courts.

This user agreement describes the terms and conditions applicable to using our services available under www.bigartspace.co.uk and its sub domains (the �Site�). You must read and agree with and accept all the terms and conditions contained in this User Agreement. If you do not agreed to be bound by this User Agreement do not use this site.

This User Agreement is effective on 10 May 2008 for all users.

Membership of Bigartspace
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Bigartspace members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

User Id
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

What is bigartspace?
Bigartspace acts as a venue for registered users to advertise (�exhibit�) items of original art, design or craft (�Artwork�).

Each Art Space, and its contents, is maintained by the seller. If you have any enquiries about any Artwork you see exhibited please contact the seller directly. Bigartspace never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. We have no control over the safety or legality of items listed, the accuracy of the listings, the ability of sellers to sell the item of the ability of buyers to pay for items.

We are not responsible for ensuring that buyers and sellers complete a transaction and shall not be liable for any losses or damages arising from, or in connection with, any seller�s Art Space(s), or Artwork(s).

We do not take responsibility for any transactions carried out between individual sellers and buyers. Any of the sellers offering online purchase facilities do so through an independent PayPal account.

Your use of our site.
We are not to be held legally responsible for the content of your Art Spaces. Your use of our website must not violate any applicable law (or position us whereby we are seen to do the same).

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Bigartspace from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Purchasing Artwork
As a buyer you are obligated to complete your purchase within 5 days of indicating that you wish to buy the Artwork. The Seller must receive payment within 5 days. If payment is not received within 5 days, the seller can cancel the sale and place the Artwork back on public sale.

Selling Artwork
Each Art Space gives you the facility (via your own electronic imaging facilities and the internet) to exhibit one piece of Original Artwork, and list, a defined amount of other relevant information about the artist and the art work you have selected. This information can then be accessed by users, browsers and us, on www.bigartspace.co.uk .

As a seller you must ensure your are legally able to sell each item exhibited on the site, that the Artwork is Original and that it is lawful to sell the item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.. You are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate gallery.

As a seller you are obligated to allow the buyer five days to send payment from when you were notified that they wish to purchase your Artwork. If payment is not received within five days you may cancel the sale and place the Artwork back on sale.

Consumer Protection (Distance Selling) Regulations 2000 give the Buyer an unconditional right to cancel any purchase. This is to allow the Buyer the opportunity to examine the goods.

If a Buyer cancels an order, written notice must be given to the Seller by seven working days from the day after that on which the goods are received by the Buyer

The Buyer must ensure that reasonable care is taken of any goods received and 'restore' them to the Seller. Unless otherwise stated by the Seller, it is the Buyer's responsibility to return the Artwork to Seller and incur any costs for return the Artwork.

The Seller must refund the Buyer�s money as soon as possible and, at the latest, within 30 days of receiving the notice of cancellation.

Fraud: Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

Fees
Joining Bigartspace and purchasing artwork incurs no cost from Bigartspace. We charge a monthly (or yearly) fee for supplying a location (�Art Space�) for you to sell your Artwork. A minimum number of ten Art Spaces are provided to you. Our fees can be found in Our Fees section

If you are paying monthly, you can add or remove additional Art Space at any time from �My Account�. You will be charged per day for the total number of Art Spaces you have purchased. Payment is taken from your credit card on the 1st of each month for the previous month.

If you choose to pay yearly, payment is charged in advance. You can add additional Art Space at any time from �My Account�. You will be charged for each additional Art Space you have purchased up to the end of your yearly period on the 1st of the next month. Any removal of Art Space will take place at the end of your billing year.

You are charged for each Art Space irrespective of whether the Art Space contains or does not contain Artwork for any of the period the Art Space was purchased.

The fees for additional Art Space are describe in the �Add / Remove Art Space� section in �My Accounts�.

Free Art Space promotional events upon registering with Bigartspace shall not apply to any existing accounts or their related Art Space.

We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that, if you request monthly invoices, we may issue you with invoices in electronic format by email.

Cancellation
You may cancel your account at any time by emailing accounts@bigartspace.co.uk.
If you are paying monthly you will be billed up to the date of cancellation taken to be the date of the email received unless otherwise stated by you.
If you are paying yearly your account will remain active until the end of the yearly period.

�Original� Artwork.
An original piece of art is hereby determined as �something made by the person themselves, as opposed to a copy made by other means�. In order to preserve the integrity of this site, we reserve the right to remove anything from our site that we believe to be an undisclosed reproduction of another(s) work.

Multiple items.
Multiple items (i.e. jewellery) must be identical (as near as physically possible) and their item number & batch total (i.e. 2/6{2 out of 6}) listed.

Inappropriate material.
We reserve the right to remove any material from our site that we believe to be offensive or inappropriate, at any time, without notice. The relevant authorities may also be informed, should we believe it necessary to do so.

Your Use of Other Users' Information. Our service allows you limited access to other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer, and as a buyer you have access to the User ID, email address and other contact information of the seller.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site you may only use such information for Bigartspace communications that are not unsolicited commercial messages and relate to your genuine participation in a Bigartspace facilitated transaction. In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

You shall not add a Bigartspace employee or an Bigartspace user to your mail list (email or physical mail) without their express written consent after adequate disclosure.

Functionality & Compatibility.
We make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We make no warranties or representations about the compatibility of any computers you use to access this website.

Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to Art Space provided or other service offered giving rise to liability, and (b) £ 100.

Copyright.
All content included on this site, such as text, graphics, logos, button icons, images, and HTML, is the property of Bigartspace Ltd , its owner and/or its suppliers and partners, and any third party content is used by us pursuant to express authorisation from copyright owners, or their agents. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to bigartspace.co.uk or its contents are vested in Bigartspace Ltd, its owner and/or its suppliers or partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever.

Artist�s Copyright.
All artists, designers and craftspeople retain copyright in their own artwork.

Accuracy
We have made every reasonable effort to ensure that the content of our site is accurate and up to date. We reserve the right to amend any errors, or omissions, at our discretion and will endeavour to do so as soon as possible. Please be aware that the colours and appearance of art work exhibited may vary slightly from the way they appear on the screen. Art work may have been photographed at a higher resolution than they appear on the website. A lower level of resolution is needed upon on our site to provide acceptable download times.

Misuse of our site
We reserve the right to refuse access to our services to any person who abuses our website in any way. You must not interfere, nor attempt to interfere, with any of the workings of our website or any information held by us. We reserve the right to remove any material that we deem to be damaging, offensive or inappropriate at any time and without notice.

Changes to the Terms & Conditions: We reserve the right to change the Terms & Conditions from time to time, and post a new version on our website. The new version will take effect from the time of posting on the site.

Links: Our website contains links to other websites which are owned and maintained by third parties. We have no control over these third parties, the contents of their websites or their activities. We have no liability or responsibility in relation to such third parties, the contents of their websites or their activities. The linking of other websites to our website does not constitute or imply an endorsement of any third party websites. No links may be made to this website without the express prior written permission of Bigartspace Ltd .

Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.