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Signup and start selling your artwork with us in just minutes!

How does it work?
• All you have to do is signup and (once you are approved) upload a photo and description of your artwork and wait for a sale. We notify you of a sale and you ship directly to the customer. After the customer has received the shipment and is satisfied, we send you your funds.

How much does it cost?
• Signing up and uploading your artwork is Free. We handle all of the sales, promotion, and customer support, and charge just 25% commission from every piece of artwork that you sell. This covers our transaction costs, website costs, and is typically about half of what a gallery charges. You get lower commission rates while reaching a much greater audience with your work!

When do I get paid?
• Your profit from the sale of your artwork is paid to you once a month.
ARTIST REGISTRATION
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Biography/Other Details: (This appears below each listing of yours on the site. Include your name, what type of works you do, what types of processes you use, where you are located, how long you have been an Artist, any awards-degrees-life experiences that you bring to your Art, etc.). This is an advertisement about you! It is one of the reasons someone will buy your art. Take your time with this and write a brief, factual story. It should be a small paragraph and well written. DO NOT INCLUDE LINKS TO OTHER WEBSITES OR EMAIL ADDRESSES

Highly Recommended
TERMS AND CONDITIONS
EMERGING ARTISTS, LLC ARTIST PROGRAM

ARTIST AGREEMENT

THE FOLLOWING DESCRIBES THE TERMS ON WHICH EMERGING ARTISTS, LLC OFFERS YOU ACCESS TO THE EMERGING ARTISTS, LLC ARTIST PROGRAM AND RELATED SERVICES. BY LOADING OR AGREEING TO HAVE LOADED CONTENT UPON THE EmergingArtists.com WEBSITE, OR ANY ELEMENT OR DERIVATION THEREOF, YOU AGREE TO BE BOUND BY THE TERMS HEREIN. 

EMERGING ARTISTS, LLC
This Artist Agreement (this “Agreement”) is by and between EMERGING ARTISTS, LLC, (“Emerging Artists”, “EmergingArtists.com”, “emergingartists.com”, “we” or “us” and “our” shall be construed accordingly) and you (“Artist” or "Seller" or “you” and “your” shall be construed accordingly), individually a “Party” and collectively the “Parties”. 
WHEREAS, EMERGING ARTISTS, LLC operates a website on the World Wide Web found on http://www.emergingartists.com (the “Website”) and has developed proprietary technology to enable Artist to upload certain images and other content to the Website; 
WHEREAS, Artist has created original artwork (the “Artwork”), digital images of which are capable of being loaded onto the Website; 
WHEREAS, the parties desire to collaborate so that digital images of the Artwork may be displayed on the Website as apart of EMERGING ARTISTS, LLC' Artist Program (the “Program”). 
NOW THEREFORE, in consideration of these premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 

1. Introduction. BEFORE YOU USE ANY OF THE PROGRAM SERVICES, IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THE TERMS AND CONDITIONS SET OUT BELOW. In addition to the provisions set forth below, the following policies (as modified from time to time) are incorporated into this Agreement by reference and relate to Artist as a Seller and as a user of the Website: 
Terms of Use: 
http://www.emergingartists.com/terms_of_use.html
Privacy Policy: 
http://www.emergingartists.com/privacy_policy.html
Shipping and Returns Policy: 
http://www.emergingartists.com/shipping_and_returns.html
Content Policy (attached hereto) 

In addition, specific pages on the Website may set out additional terms and conditions, all of which are incorporated by reference into this Agreement. Terms may be changed or updated at any time, but you can find the most recent version on the Website. In the case of inconsistencies between this Agreement and information included in off-line materials, (e.g., promotional materials and mailers), this Agreement will always control. We suggest that you periodically check the Website to make sure you are up to date. 

By using the Program services on the Website, you indicate that you accept this Agreement and that you agree to be bound by and subject to the Terms and Conditions contained therein and any subsequent modifications. Acceptance of this Agreement creates a binding legal agreement between you and EMERGING ARTISTS, LLC that you will use the Website and participate in the Program only in a manner that is consistent with this Agreement. Your use of the Website and your participation in the Program is entirely conditioned on and subject to your compliance with this Agreement. If at any time you do not agree with this Agreement, do not proceed to access any Program services on the Website. 

2. The Program and Related Services. Your participation in the Program is contingent upon your acceptance of this Agreement and EMERGING ARTISTS, LLC' continued acceptance of any digital image(s) of the Artwork proposed by you for display on the Website. The Program is designed for participants aged 18 and above who can form legally binding contracts under applicable law. By accepting this Agreement and participating in the Program, you acknowledge that you age 18 or above. 

As an Artist Program Artist (a “Program Artist”) of EMERGING ARTISTS, LLC, you will be provided (and we reserve the right to change or reassign from time to time) an web server storage and display space to use (“content pages”) which may contain your name (which you hereby grant us the right to use) and for which you will make available to us, by uploading via the proprietary Emerging Artist software tools, a variety of digital images of the Artwork and textual information (“Artist Content”) which, subject to this Agreement, we will display within the pages designated to you on the Website within our Artist Site (“Listing Pages”). You will be allowed one page per Artwork listing within the Website which may consist of one or more original Artworks. The format and digital quality of such images shall meet Program editorial guidelines issued by EMERGING ARTISTS, LLC from time to time. The Artist Site will contain certain EMERGING ARTISTS, LLC graphics and textual links, which will serve to identify you as a Program participant. 

By loading or agreeing to have your Artist Content loaded onto the Website, you agree that you will cooperate fully with us and comply with this Agreement at all times in a manner consistent with our current policies including but not limited to our Content Policy and our policies regarding image resolution and proprietary notices, such as copyright and trademark notifications. You acknowledge that the factors determining whether the Artwork falls within EMERGING ARTISTS, LLC’s Content Policy may be subjective and agree that EMERGING ARTISTS, LLC shall determine in its sole discretion whether your Artist Content loaded onto the Website by you adheres to the letter and spirit of such Content Policy. You agree and represent that no character art, branding or logos, images of trademarked buildings, designs or otherwise, or likenesses thereof, the intellectual property rights of which belong to others, shall be uploaded and/or used in connection with any Artist Content unless you have secured all necessary rights and licenses to do so. You may not falsely state or otherwise misrepresent your affiliation with a person or entity in any way. 

3. The Listing Page 
EMERGING ARTISTS, LLC provides a forum for Artist to sell Artwork via the Artist Site. Artist hereby acknowledges and understands that Artist is responsible for (i) checking their electronic mail regularly and responding to orders of their work; (ii) delivery of any Artwork sold; (iii) all applicable taxes and costs incurred related to any sale of Artwork; (iv) assisting in the resolution of any disputes arising from the sale of Artwork; and (v) researching and complying with any applicable laws, restrictions, regulations or manner of sale or exchange that may pertain to transactions of the Artwork. 

Artist shall indicate clearly in a description what the Artwork is for sale and the Selling price of the Artwork. Artist shall have the Artwork available for immediate shipment. Any change of status of availability of any Artwork listed on EmergingArtists.com must be updated within 48 hours of such change in status. If complaints are received by EMERGING ARTISTS, LLC from users who attempt to purchase Artwork which was listed on the Artist Site as being available for sale when it was not, Artist will be contacted by EMERGING ARTISTS, LLC and Artist’s participation in the Program will be subject to immediate termination. Any prices listed must be stated in US dollars. 

EMERGING ARTISTS, LLC facilitates the sales transaction and the settlement process between the buyer and the selling Artist, for which it receives a commission fee from the Artist, calculated as 25% of the total purchase price of any sold items. All orders are paid for via credit card transactions processed by EMERGING ARTISTS, LLC. After the credit card is authorized, we automatically email the order detail to the Artist so that the Artist can ship the order. Upon confirmation of the shipment and shipment tracking number by the Artist via email to tracking@emergingartists.com, we will mark that transaction as complete, and within 30 days, we will mail a check to the Artist for all completed orders received during the prior month, less the commission fee. 

All fees paid to EMERGING ARTISTS, LLC are final and non-refundable.

Selling Prices and Shipping
The Artist is responsible for determining the selling price of their items, and will have the ability to change that selling price at their own discretion. The selling price may not be changed once the Artist has been notified of a sales order confirmation by EMERGING ARTISTS, LLC.  The Artist is responsible for the cost of shipping and insuring their item(s)/artwork(s) to the buyer, as well as any and all local, state, federal and other taxes . It is recommended that the Artist include in their selling price the estimated average shipping costs per item. The Artist should choose a reliable shipper that will insure the shipment and will take full responsibility of items damaged in transit. Carriers such as FedEx and UPS offer excellent services. EMERGING ARTISTS, LLC assumes no liability for damages which occur as a result of packing or shipping.

Order Processing
The Artist should ship all orders within 24 hours of receipt of the order confirmation from EMERGING ARTISTS, LLC. If we do not receive shipping confirmation within 5 business days after emailing the order confirmation to the Artist, we reserve the right to cancel the order and refund the buyer in full. You may not use contact information from customer orders to market yourself or your work directly to users/Buyers. You may not include your own promotional material when shipping items to users. You agree to include any promotional materials provided by EMERGING ARTISTS, LLC in all shipments.

Inventory Control
We will automatically be adjusting the listings when purchases occur (remove the listing), but if the listing on the site is not accurate, it is the Artist's responsibility to adjust the listings through the web-based interface provided.

Damaged Items
Resolution of items damaged in shipping will be handled between the buyer, the Artist, and the shipping company. 

Returns
The Artist agrees to accept returns of unused and undamaged items, if the request to return those items occurs within 7 days of the receipt of the items. The buyer is responsible for the return freight. Buyer must notify EMERGING ARTISTS, LLC, of their intent to return an item via email to returns@emergingartists.com. We will then notify the Artist of the pending return. Upon receipt of the returned item, Artist will confirm receipt via email to returns@emergingartists.com, and we will then credit the buyer their full purchase price less a 5% transaction fee. Upon issuance of the credit to the buyer, Artist will authorize EMERGING ARTISTS, LLC, to charge their credit card for the net proceeds that the Artist had received from the original sale of the returned item if Artist has already been paid for the sale.

Taxes
We do not collect sales tax on behalf of the Artist. All tax issues pertaining to the sale of merchandise on the Website are the sole responsibility of the Artist. 

You agree and acknowledge that you shall not use the Website (i) as storage for remote loading or as a door or signpost to another home page, whether internal or external to EMERGING ARTISTS, LLC; (ii) to solicit for advertisers or sponsors; (iii) to conduct raffles or contests of any type; or (iv) to display a sponsorship banner of any kind, including those that are generated by banner or link exchange services. You agree not to upload, post or otherwise transmit any content 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. 

You will be solely responsible for all elements of the Artist Content loaded by or for you on the Listing Pages (including but not limited to all Artwork and textual information such as contact details, profile and commentary on the Artwork) and the accuracy and propriety of the same. The content of the Artist Site, including any communications generated from it (via email mechanism or otherwise) shall not (i) violate or infringe upon the rights of any third party; (ii) be libelous; (iii) advocate or promote sexually explicit or indecent material; (iv) advocate or promote violence; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (vi) be harmful to children; or (vii) otherwise be illegal. 

Recognizing the global scope of the Internet, you further agree to comply with all applicable laws regarding the transmission of electronic data exported from the country in which you reside. 

Your Artist Content may be added or removed from and to the Site from time to time provided the Listings continue to be in compliance with this Agreement and all elements of your Artist Content are acceptable to EMERGING ARTISTS, LLC. You acknowledge that EMERGING ARTISTS, LLC may (but is not obligated to) pre-screen content, and that EMERGING ARTISTS, LLC shall have the right (but not the obligation) in its sole discretion to reject or remove any element of your Artist Content that is available via the Artist Site or any other part of the Website at any time, for any reason. Notwithstanding the foregoing, you agree that you must evaluate, and bear all risks associated with, the use of any of your Artist Content, including any reliance on the accuracy, completeness, or usefulness of such content. 

4. Communications. EMERGING ARTISTS, LLC may need to communicate with you from time to time via email, telephone or by post. In order to facilitate such communications, you agree to provide EMERGING ARTISTS, LLC a current email address, telephone number and postal address and to update such information immediately upon any change of the same. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Any information you provide to us, post or load onto the Website in general or onto the Artist Site specifically or that you otherwise communicate to users shall not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby agree not to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes” or other such solicitations. You shall not “stalk” or otherwise harass any other Website user or participant in any of the EMERGING ARTISTS, LLC programs. You may not collect or store personal data about users except as specifically authorized by the user. You may not use contact information from previous orders to market yourself or your work directly to users. You may not include your own promotional material when shipping items to users.


You hereby acknowledge that the Website is, generally, directed to users 18 years old or older who purchase items with credit cards and that EMERGING ARTISTS, LLC does not knowingly collect personal information from or about children except in accordance with any applicable statutes and regulations and except as relating to a specific order for products or services. If we, at any time, learn that information relating to a child under the age of 18 that we have obtained is other than as set forth above, we shall immediately purge such information from our records. In line with this policy, you acknowledge and agree that you will only communicate with users of the Artist Site 18 years old or older. If it comes to your attention that a user is under age 18, you must not communicate with such user. EMERGING ARTISTS, LLC reserves the right, though it does not have the obligation, to monitor the listings and any communications through our Site. If, at any time, we discover that you are using the Site or the Program for any reason other than as in accordance with this Agreement, your relationship with EMERGING ARTISTS, LLC and your participation in the Program will be terminated immediately. You should report any suspicious communications to EMERGING ARTISTS, LLC; however, EMERGING ARTISTS, LLC is not responsible for any communication or activity between you and any third-party or user of the Artist Site. 

5. Termination of this Agreement. The term of this Agreement will begin upon your acceptance of this Agreement and will end at the expiry of one (1) year from the Effective Date unless terminated earlier by either Party for any reason. Participation rights and renewal for artists chosen to participate in the “Artist Program” or "Artist Tools" (such name may be changed from time to time) areas of the Website shall be automatically renewed upon expiration of the term of this Agreement unless cancelled by either Artist or EMERGING ARTISTS, LLC. 

Either Party may terminate this Agreement at any time by providing prior written notification to the other Party. In the event of early termination by Artist, EMERGING ARTISTS, LLC agrees to remove Artwork from the Website within seven (7) business days of receipt of such written notice unless Artist has otherwise agreed with EMERGING ARTISTS, LLC as part of another program under a separate agreement or otherwise. Transaction fees are non-refundable, regardless of early termination. 

6. Publicity. You shall not create, publish, distribute, or permit any written material that makes reference to EMERGING ARTISTS, LLC or the Program without first submitting such material to us and receiving our prior written consent. 

7. Licenses and Use of the EMERGING ARTISTS, LLC Logos, Trademarks and other materials. You grant to us a non-exclusive, worldwide, royalty-free license to utilize your Artist Content, to advertise, market, promote, and publicize in any manner in accordance with this Agreement including but not limited to all areas of the Website, our partner affiliate sites, in internet advertising and off-line multi-media materials; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the expiration or termination of this Agreement unless otherwise specifically stated in this Agreement. 

YOU SHALL NOT MAKE ANY USE OF ANY THE EMERGING ARTISTS, LLC TRADEMARKS, LOGOS, OR TRADE DRESS WITHOUT PRIOR EXPRESS AND SPECIFIC WRITTEN APPROVAL BY EMERGING ARTISTS, LLC; HOWEVER, EMERGING ARTISTS, LLC SHALL RESERVE THE RIGHT TO DISPLAY ANY SUCH TRADEMARKS, TRADE DRESS AND LOGOS ON ANY PART OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE LISTING PAGE. 

YOU MAY NOT REGISTER THE WORDS EMERGING ARTISTS, LLC OR VARIATIONS THEREOF FOR USE IN ANY SEARCH ENGINE, PORTAL, ADVERTISING SERVICE OR SIMILAR SERVICE. 

The rights granted by EMERGING ARTISTS, LLC herein do not constitute any assignment of ownership or other transfer of ownership interests therein or in any property of EMERGING ARTISTS, LLC, including without limitation, any domain name, website or in any intellectual property of EMERGING ARTISTS, LLC to Artist. At no time during or after the term of this Agreement shall you challenge or assist others to challenge any EMERGING ARTISTS, LLC trademark, logo, or trade dress (except to the extent expressly prohibited by applicable law) or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any EMERGING ARTISTS, LLC trademark, logo, or trade dress. 

All licenses, rights and interests in, to and with respect to the Program, the Artist listing, the Website, the elements and parts thereof and the media of exhibition not specifically granted herein to Artist (including, without limitation, all rights of copyright) shall be entirely reserved, as between the Parties, to EMERGING ARTISTS, LLC and may be fully utilized by EMERGING ARTISTS, LLC without limitation and without regard to any licenses and rights granted herein. 

8. Disclaimers. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE, ARTIST SITE OR PROGRAM OR ANY ARTWORK (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE ARTIST SITE OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 

9. Confidentiality. During the course of your participation in the Program, you may receive information relating to EMERGING ARTISTS, LLC or to the Program that is not known to the general public ("Confidential Information"). Confidential Information includes, without limitation, artist or sales information. You agree (a) that all Confidential Information will remain EMERGING ARTISTS, LLC’s exclusive property; (b) that you will use Confidential Information only as is reasonably necessary for your participation in the Program; and (c) you will not disclose Confidential Information to any individual, company, or other third party. 

10. Disclosure for Legal Purposes. You hereby authorize us to disclose information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with The Artist Site specifically or the Website in general, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability. We will, whenever we believe reasonably possible, use our reasonable efforts to inform you if such information may be so revealed. 

11. Representations and Warranties. 
You hereby represent and warrant to us as follows: 
a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 
b. YOU POSSESS ALL REQUISITE RIGHTS IN AND TO ALL ELEMENTS OF YOUR ARTIST CONTENT IN ORDER TO GRANT TO EMERGING ARTISTS, LLC THE RIGHTS GRANTED IN THIS AGREEMENT AND CONTEMPLATED HEREIN AND AGREE TO PROVIDE EMERGING ARTISTS, LLC WITH DOCUMENTATION EVIDENCING THE SAME, UPON EMERGING ARTISTS, LLC’S REQUEST. NO THIRD PARTY POSSESSES ANY LICENSE OR OTHER RIGHTS WITH RESPECT TO ANY ELEMENT OF YOUR ARTIST CONTENT THAT WOULD PROHIBIT, IMPAIR OR CONDITION EMERGING ARTISTS, LLC’S ABILITY TO EXERCISE FULLY THE RIGHTS GRANTED HEREUNDER AND CONTEMPLATED HEREIN. NO ELEMENT OF YOUR ARTIST CONTENT (I) WILL VIOLATE ANY APPLICABLE LAW, RULE OR REGULATION, LOCAL OR OTHERWISE, (INCLUDING, BUT NOT LIMITED TO, ANY LAW RELATING TO FALSE OR DECEPTIVE ADVERTISING); (II) WILL BE LIBELOUS; OR (III) WILL VIOLATE, MISAPPROPRIATE OR INFRINGE UPON ANY RIGHT OF ANY THIRD PARTY OR EMERGING ARTISTS, LLC, INCLUDING, BUT NOT LIMITED TO, ANY CONTRACTUAL RIGHT, COPYRIGHT, TRADEMARK, PROPRIETARY RIGHT, TRADE SECRET RIGHT, MORAL RIGHT, ANY RIGHT OF PRIVACY OR PUBLICITY, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT. 
c. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding related to any element of the Artist Content with respect to copyrights, trademarks or other intellectual property rights, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding. 

EMERGING ARTISTS, LLC represents and warrants that, to the best of its knowledge, its services do not violate any applicable law, rule or regulation and, to the best of its knowledge, will not infringe any contractual right, copyright, trademark or trade secret right of any third party. 

12. Indemnification. You hereby agree to indemnify and hold harmless EMERGING ARTISTS, LLC and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that any element of your Artist Content as used in connection with this Agreement infringes on any trademark, trade name, service mark, copyright, license, publicity right, privacy right, goodwill, patent, or other intellectual property or proprietary right of any third party; (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; or (iii) any claim related to any element of your Artist Content or the Artist Site. 

13. Limitation of Liability. THE ARTIST WARRANTS THAT THE PRODUCTS FOR SALE BY ARTIST ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED AND DELIVERED. EMERGING ARTISTS, LLC SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT, THE ARTWORK, YOUR ARTIST CONTENT, THE ARTIST SITE OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED, AT ANY TIME, THE TOTAL AMOUNTS, IF ANY, PAID TO YOU UNDER THIS AGREEMENT DURING THE PREVIOUS 12-MONTH PERIOD.

14. Relationship of the Parties. Artist and EMERGING ARTISTS, LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on the Listing page or otherwise, that reasonably would contradict anything in this section. 

15. Severability. If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms. 

16. No Assignments. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. 

17. Entire Agreement and Amendments. Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between the Parties relating to this subject matter, and all prior negotiations and understandings, whether oral or written, are superseded. 

18. Authorized to Enter Agreement. Each Party represents and warrants that it has full power and authority to enter into this Agreement and to contract for the services in accordance with the terms of this Agreement. 

19. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 

20. Governing Law. This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Alameda County, California, and you irrevocably consent to the jurisdiction of such courts. 

21. Waiver. EMERGING ARTISTS, LLC’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. 

22.Survival of Provisions. The provisions of Sections 7, 8, 9, 11, 12, 13, 15, 20 and 22 hereof shall survive termination of this Agreement. 

23. Image and Content Categorization. EMERGING ARTISTS, LLC reserves the right to categorize and re-categorize elements of your Artist Content submitted to the Website, (within the EMERGING ARTISTS, LLC subject classification taxonomy, as may be modified from time to time by EMERGING ARTISTS, LLC in its sole discretion). 

EMERGING ARTISTS, LLC Content Policy 
EMERGING ARTISTS, LLC strives not only to provide the best selection of arts, crafts, prints, photographs and other original artworks, but also to make Artists and users of the Website comfortable with the content and images we deliver. We strive not to cross any legal lines with our material and aim to appeal to a broad general audience. Please remember that art is a very subjective topic and what is deemed acceptable to one audience, may not be acceptable to another. Although not exhaustive, the following provides more specific information regarding EMERGING ARTISTS, LLC’s requirements regarding content: 
•   Hate and Social Intolerance:  EMERGING ARTISTS, LLC will not carry art that it considers to advocate hate, racial intolerance or violence or that ridicules any individual, group, or organization. Some historical images may contain symbols that are considered offensive by today’s standards; however, they are only displayed to show historical accuracy.
•   Language:  EMERGING ARTISTS, LLC will not carry art that it believes contains excessive profanity, sexually explicit language, or disparaging remarks.
•   Licensing:  EMERGING ARTISTS, LLC respects the intellectual property rights of others. We will not intentionally display, reproduce or sell unlicensed prints, photographs or original art.
•   Offensive materials:  EMERGING ARTISTS, LLC reserves the right to determine the appropriateness of images posted to our site. We request that artists and customers be aware of cultural differences and sensitivities. Some images may be acceptable in one culture, but unacceptable in another.
•   Pornography:  EMERGING ARTISTS, LLC strives not to carry art that involves erotica or adult content that crosses the line from art into pornography. We do carry some nude figures, photos, and some mild sexual images in prints, paintings and other artwork.
•   Violence:  Some images on the EMERGING ARTISTS, LLC web site may depict violence; however, we avoid images that we believe contain overt or gratuitous violence.
CLICKING THE SIGNUP BUTTON BELOW MEANS THAT YOU HAVE READ AND AGREE TO THE TERMS & CONDITIONS STATED HERE AND WISH TO SIGNUP AS AN ARTIST IN OUR ARTIST PROGRAM.
WE ACCEPT