User Agreement

The following is a legally binding agreement (“Agreement”) between SunFox Web Creations, P.O. Box 906, Magdalena, New Mexico, 87825 (“Host”) and the artist agreeing to the terms described in this Agreement (“Artist” or “You”). This Agreement describes the terms and conditions associated with the use of services offered by Host under the domain, and any sub-domains, of enchantedsouthwestartists.com and/or sunfoxweb.com (“Site”).

You must read and accept all terms and conditions of this Agreement before your membership is accepted for the Site by the Host. Further terms and conditions may be outlined in the Site; You are strongly advised to read carefully all membership information presented within the contents of the Site. This Agreement also incorporates the Site Privacy Policy as part of its terms and conditions; You are strongly advised to read the Privacy Policy carefully.

This Agreement is made notwithstanding any laws of the United States and its territories or the state of New Mexico.

  1. PURPOSE
    1. The purpose of this Site is to exhibit works of serious art for exposure and for sale on the internet.
    2. It is not the intention of this Site to operate as a clearinghouse for non-original work or piecework such as baubles, kites, models, knick-knacks, gewgaws, garden gnomes, piggy banks, or other bric-a-brac.
    3. This Site will not accept substandard or willfully inadequate work. Ashtrays made in junior-high art class and paint rags or drop cloths billed as “modernism” do not qualify as serious art.

  2. AMENDMENTS

    1. This Agreement may be amended without notice to You; updates to this Agreement will be posted in this location accessible from within the Site. You are advised to return to the location of this Agreement frequently to check for updated information; the current version will be made available without reference to and superseding any previous Agreement version.
    2. Any posted amendments to Agreement will be in effect thirty (30) days from the date posted on the Site.
    3. This Agreement shall not be amended by the Artist in any way other than exceptions made in writing and signed by Artist and Host.

  3. DURATION, EFFECTIVE DATE, AND SCOPE OF AGREEMENT

    1. The duration of this Agreement is for twelve (12) months beginning on the date of Artist’s registration as determined by the posting date of the Artist’s registration form submission or the date indicated on any other agreement entered into in writing and ending on that same date of the following year.
    2. This Agreement is effective immediately upon submission of the Artist’s registration form or any other agreement entered into in writing in which Artist has indicated agreement with the terms and conditions of Agreement.
    3. This Agreement incorporates the Privacy Policy. Both documents should be read carefully.
    4. This Agreement is a legally-binding agreement between the Artist and Host.
    5. Those who do not agree to all terms in this Agreement should not submit the registration form.

  4. MEMBERSHIP
    1. Eligibility
      1. Membership is limited to individuals with the power to enter into legally binding contracts under the laws of the State of New Mexico and the United States. A person under the age of eighteen (18) years (“Minor”) may be represented by a legal guardian 18 or older who has signatory authority to conduct transactions in the name of the minor. Minors themselves may not enter into this Agreement or any other agreement in conjunction with this Site or this Host.
      2. Those individuals temporarily or indefinitely suspended or banned from this Site are ineligible to use the services of the Site or Host during the suspension period.
      3. This Site is for living artists only, unless exceptions are granted in writing by Host.
    2. Fictitious and Prior Legal Names
      1. Artist must declare any and all fictitious and prior legal names (both “Alias”) under which art on display at Site was signed.
      2. Artist must display under legal name only with reference to any Alias, with the exception of Artist registering Alias as a separate entity.
    3. Entities
      1. If You register as a business or other legally-recognized entity (“Entity”), You represent that You have the authority to bind that Entity to this Agreement.
      2. You agree to supply the EIN and any applicable seller’s permit numbers of the Entity to the Host, in addition to any other identifying information necessary for tax purposes or required under the laws of the State of New Mexico or the United States.
    4. Classes and Categories
      1. Artist has the right to choose the class in which Artist would like to be displayed provided Artist meets all class requirements. Artist agrees to abide by the terms and conditions of the chosen class that they have chosen. Failure of Artist to abide by the terms and conditions of the class will result in the Artist being withdrawn from that class and placed in a class deemed by Host to be appropriate for Artist. In this case, Artist will be notified by Host of the class.
      2. Artist has the right to choose any special artist category for which Artist is eligible. Artist shall be entitled to the benefits of chosen category provided Artist meets all terms and conditions of that category.
      3. Artist may opt to display under any class or category for which Artist is eligible. Artist may only display under one class but may choose any and all categories (if eligible). For example, an artist who qualifies for both Junior and Professional class, as well as Cultural and Guest categories, may only display under Junior or Professional class but may display under both Cultural and Guest categories.
      4. Artist may transfer classes at any time, provided Artist meets the requirements for the class to which Artist wishes to transfer. Before class transfers are done, Artist must submit any items required for the class not already in possession of the Host.
      5. Host is the final arbiter of class to which Artist is assigned.
    5. Requirements
      1. Depending on class, Artist may be required to submit certain information such as a biography or artist statement.
      2. All information provided to Host is subject to verification. Artist agrees to provide Host with contact information in the event a request is made to verify claims. By not providing proper means to verify information, Artist may be required to choose a class or category in which the qualifications can be met by Artist.
      3. All requirements must be met prior to Host displaying any Artist information or images.

  5. FEES AND SERVICES
    1. The schedule of fees and commissions for Artists is listed on the Membership page of the Site. Further mention of fees within the context of Agreement will be made by reference.
    2. Fees and services are subject to change; said changes shall take effect immediately upon posting on the Site. If You are already committed to the Site under a previous Agreement or other valid agreement, those terms remain in effect until the expiration of that previous Agreement or agreement. In the event services change, You are required to adhere to new policy.
    3. All payments shall be made in U.S. dollars (USD) unless otherwise stated or agreed upon.
    4. All additional charges, taxes, or other accompanying fees shall be clearly stated by Site or Agreement. There will be no hidden fees. You are responsible for knowing the contents of the Site and this Agreement pertaining to fees.
    5. No placement of images or other services shall be tendered by Host unless all payments are current and made in full. If services are in place, Your services may be suspended pending the receipt of all fees due to Host.
    6. There are no refunds of membership or other fees unless exceptional circumstances exist and are declared as such by Host. Such circumstances must be provided in writing by Artist to Host. Host is under no obligation to refund or prorate any fees.

  6. DISPLAY
    1. Required Information
      1. Title of the piece.
      2. Alias under which piece was created, if any.
      3. Medium or media employed
    2. Host shall display works of the Artist’s choice with the exception that Host reserves the right to refuse display of works considered detrimental to the integrity of the Site. Host shall retain the right as final arbiter of what is or is not acceptable. See Unacceptable Works.
    3. No placement of images shall be made by Host until Artist has chosen and meets the requirements of an artist class. Depending on the class, requirements may include the submission of a biography or an artist statement, or the verification of certain information provided by Artist.
    4. Artist is entitled to 2 (two) free updates per image slot per year, on the fourth and eighth months of the membership year. Artist may also obtain updates by making a special request, outlining the circumstances which necessitate an image update outside the allotted update period.
    5. All pieces displayed and marked “For Sale” must be pieces that are in existence, available for sale, and can be made available for shipping in a reasonable period of time. In the event a piece so marked becomes unavailable, Artist must notify Host immediately. Failure to do so is in violation of this Agreement and may result in immediate suspension, permanent banning of Artist from site, and/or legal remedy to recoup any losses suffered by Host.

  7. IMAGE AND OTHER ITEM SUBMISSION
    1. Images should be of the highest resolution possible. Images should be captured in a professional manner, either digitally or on high-quality film. Instant camera photos are not acceptable. Images may be submitted as digital images by e-mail attachment, US mail, private shippers, hand delivery, or any other means of transmission that will effectively deliver images to Host. Images may be submitted in the form of photographs or slides by any means available to Artist. Host is not responsible for any images missing in transit.
    2. Images may be enhanced, optimized, or otherwise manipulated by Host for presentation. Any image manipulation shall be done with minimal interference of work depicted in image.
    3. All images and other items submitted to Host become property of Host. Host shall not return any submitted material to Artist.
    4. Host reserves the right to edit any written material. Artist agrees that Host may amend written documents due to spelling or grammatical errors. Host may require re-submission of an amended document due to unprofessional presentation. Host agrees to assist the Artist in the creation of a more professional document upon request of Artist.
    5. Any images in which the quality for viewing is in question will result in Host informing Artist and either Artist taking responsibility to provide a better image or requesting the host using optimization procedures to improve the quality of the image for viewing for an agreed-upon fee to Artist.
    6. At Artist’s request, Host shall make every attempt possible to assist Artist in the creation of a professional and polished presentation.
    7. Any statements made by Artist which, if made public, could result in Host liability such as libel, shall be removed from publication by Host.
    8. While Host will make every attempt to secure images and information, Host may require resubmission of items in the event those received by Host are destroyed or rendered useless. Artist agrees to retain the original copies of images and documents and agrees to provide such items to Host upon request. Host is not responsible for loss or destruction of Artist material by extraordinary acts or occurrences. Such acts and occurrences include, but are not limited to: third-party interception, fire, theft, radioactive decay, natural disaster, man-made disaster, acts of God, civil disturbance, terroristic acts, war, nuclear disaster, interference by extraterrestrial life, interference by extraterrestrial vehicles, piracy, paranormal activity or unexplained phenomena.
  8. UNACCEPTABLE WORKS
    1. Art is the ultimate form of free expression; however, to preserve the integrity of this Site, certain works are prohibited from display.
      1. Any pornographic depiction without artistic merit which appeals only to the prurient interests of the viewer.
      2. Any misrepresented or fraudulent work.
        1. Work done by another but purported by Artist to be of Artist’s own creation.
        2. Work purported to be genuine art that lacks artistic merit (stains on a shirt, a dirty towel).
        3. Any other work which is misrepresented. See Fraud and Misrepresentation section.
      3. Any work which compromises the efforts of serious artists.
        1. Any work of decidedly low quality or disregard for serious technique.
        2. “Junk” art which shows little or no artistic merit.
        3. Children’s art projects.
        4. Animal-created art (unless of exceptional merit).
        5. Any other work which seriously lacks artistic merit.
      4. Any unoriginal work.
        1. Artist rendering or reproduction of any other work of art (see Exceptions).
        2. Art created from kits.
        3. Paint-by-numbers paintings.
        4. Cartoon characters (unless of exceptional merit).
        5. Comic strip characters (unless of exceptional merit).
        6. Any work known to violate copyrights of any kind.
        7. Any other unoriginal work.
        8. Exceptions:
          1. Prints of Artist’s original works.
          2. Cast reproductions of value of Artist’s original works.
          3. Figurative sketches of statuary and busts or rendering of any colossus or architectural structure.
          4. Artist rendering of other works of art within the context of, or incidental to, Artist’s own original work. For example, Artist creates a painting of a house interior, recreating a painting which hangs on the wall of the home.
      5. Any graphic depiction of hate, violence, or societal upheaval without artistic merit which serves only to agitate, alarm or defile the sensibilities of the viewer and/or appeals only to prurient interests.
        1. Notwithstanding the above definition, the following works may be accepted for display:
          1. Works executed in the fashion of state-sponsored art from repressive regimes.
          2. Works executed in the fashion of “pulp fiction” or western genre paperback covers.
          3. Works executed in the fashion of horror genre comic books.
          4. Works depicting historical and/or biblical events.
          5. Works depicting established mythological events.
          6. Works depicting religious or spiritual beliefs commonly held by an established sect, denomination or religion.
      6. Any graphic depiction deemed profane, obscene, tasteless or unacceptable for public viewing, without artistic merit, and/or which appeals only to the prurient interests of the viewer.
        1. Bodily functions such as urination and defecation.
        2. Fornication not within the context of, nor incidental to, serious artistic work.
        3. Any other depiction which would generally arouse only nausea, disdain, disgust or base impulses in viewers.
    2. Host is the final arbiter of a work’s adherence to the spirit of the Site.
    3. Host reserves the right to refuse display of any image at any time, with or without explanation.

  9. SALES OF ARTISTS' WORK
    1. No Agency
      1. No agency, employer/employee, franchiser-franchisee, partnership, or joint venture relationship exists between Site and Artist.
      2. Artist is solely responsible for reporting to proper agencies the sales Artist makes. Host is not liable for unreported income received by Artist. Any fees received by Site will be reported to tax and other authorities; such reporting will include identifying information about Artist involved in the transaction.
      3. Although every effort is made by Host to ensure veracity of all claims, Host is not responsible for misrepresentation on the part of the Artist.
    2. Transfer of legal ownership of property is achieved upon the physical delivery of property to the buyer by the Artist. Site has neither involvement in, nor liability for, the transfer of property.
    3. Artist is solely responsible for all terms of the transaction, including shipping.
    4. Failure of Artist to abide by any of these conditions is in violation of this Agreement, which may result in immediate suspension, permanent banning of Artist from site, and/or legal remedy to recoup any losses suffered by Host.

  10. FRAUD AND MISREPRESENTATION
    1. Artist agrees to provide Host with information that is true and correct. Artist will perform due diligence to ensure the veracity of any and all statements.
    2. All information provided to Host is subject to verification. Artist agrees to provide Host with contact information in the event a request is made to verify claims. Artist agrees to provide Host any and all requested legal documents necessary to verify identity or other statements made by Artist. By not providing proper means to verify information, Artist may not be eligible to participate in Site.
    3. Artist agrees to represent himself/herself truthfully. Submission of deliberately misleading or fraudulent claims is grounds for cancellation of Artist eligibility to participate in Site.
    4. Examples
      1. Work done by another but purported by Artist to be of Artist’s own creation.
      2. Deliberately misleading or misrepresentative statements about Artist qualifications, background, experience or other personal characteristics.
      3. Providing false personal identification data such as legal name, SSI, EIN, or other TIN.
      4. Providing other false or embellished personal information.
      5. Any other willful, deliberate actions or statements on the part of the Artist that would lead a reasonable and prudent person to a conclusion that is factually inaccurate. "Padding" one's resume or otherwise embellishing claims are grounds for cancellation of Artist eligibility to participate in Site.
    5. In the event any fraud and/or misrepresentation is discovered by Host, Artist shall be immediately either removed from Site or deemed ineligible for membership in Site and permanently banned from Site.
    6. In the event any fraud and/or misrepresentation cause any loss to Host, Host shall pursue all avenues of legal relief to recoup losses, either real or intangible.
    7. Though every attempt will be made by Host to verify all information, occasional misinformation may be supplied and published, undetected, by Host. Host is not liable in any way for any fraudulent or misrepresentation by Artists.

  11. PROHIBITED ACTIVITIES
    1. Artist may not:
      1. Submit false or misleading information to Host;
      2. Infringe on any third party copyright, patent, or other proprietary right;
      3. Send any electronic communication to Host that deliberately contains a virus or other computer programming script or routine;
      4. Create a liability for Host;
      5. Cause Host to unknowingly engage in any activity prohibited by law, regulation or policy;
      6. Perform any libelous, slanderous, defamatory, threatening, harassing or unlawful activity in association with Host.
      7. Perform any activity which threatens the infrastructure of the Site.
    2. Remedy
      1. Host may immediately suspend or terminate Artist’s membership indefinitely.
      2. Host may pursue legal relief.

  12. NO WARRANTY IMPLIED
    1. This Site is provided by Host with no express, implied, statutory, or other warranty or guarantee. Host specifically disclaims any implied warranties of title, salability, quality and non-infringement.
    2. There are no guarantees as to sales of your work, number of visits to the Site, number of hits on your images, or any other assurance of sale or exposure.

  13. INDEMNITY
    1. You agree to indemnify and hold Host harmless from any claim arising from Your breach of this Agreement or failure to understand or abide by its terms and conditions, or the terms and conditions of the Site in toto, or the documents contained herein incorporated by reference, or the violation of any law, statute, treaty or the rights of any third party.
    2. For purposes of this clause, Host is comprised of Site, Host, and Host employees, affiliates, associates, subsidiaries, agents and owners.

  14. LIABILITY
    1. In no event is Host or its employees, affiliates, associates, subsidiaries, agents or owners liable to You or any third party for losses other than negligence associated with any special or incidental damages arising out of or in connection with Site.
    2. Any liability arising out of negligence of Host shall be limited to unexpired membership fees.