Nova Scotia Art Online is an online art gallery located at http://www.nsartonline.com (the "Site"). Nova Scotia Art Online allows artists and craftspeople from Nova Scotia to showcase and sell their photographs, paintings, sculptures, crafts and other works of art (collectively "Art"). The listing and sale services (the "Services") are provided by Redquest Media, owner of Nova Scotia Art Online ("we" or "us") to you ("you" or "user") subject to the following terms and conditions set forth in this User Agreement.

Acceptance Of Terms. Before you attempt to sell or purchase any Art through Nova Scotia Art Online and/or begin participating in the Services, we require that you read and accept this User Agreement. By using Nova Scotia Art Online, you agree, without limitation or qualification, to be bound by, and to comply with, this User Agreement.

Amendment. We may, at our sole discretion, change, modify, add or remove any portion of this User Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site and the Services after such changes are posted will constitute your agreement to such changed User Agreement. This User Agreement was last revised on March 30, 2008.

PARTICIPATION REQUIREMENTS

Capacity to Contract. The Services are available only to individuals or entities who can form legally binding contracts. Without limiting the foregoing, neither minors (persons under the age of 18) nor individuals who have been suspended from the Services may participate in the Services. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Registration. In order to participate in the Services, you must register with us by filling out our registration form and providing certain information to us. If you are a customer, please go to http://www.nsartonline.com/customer/register.cfm. If you are an artist or craftsperson from Nova Scotia and wish to sell your creations, please go to http://www.nsartonline.com/customer/artistregister.cfm. When we notified you that your registration form has been approved, you will become a "Registered User." You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Redquest Media reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.

Member Account, Password and Security. During the registration process, you will select a username and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your username and password. You agree to notify us immediately of any unauthorized use of any username and password and any other breach of security regarding the Services.

Our Relationship to You. We are not a party to any transaction relating to the Art. Nova Scotia Art Online is only a venue for sellers to list Art and for buyers to purchase such Art. We have no control over the sellers, buyers or any aspect of the transactions. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of any provincial or federal law.

Release. In the event that you have a dispute with one or more users, you release Redquest Media (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control. Redquest Media cannot control the information provided by users which is made available through the Services. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Redquest Media has no control over the quality or legality of the Art listed, the truth or accuracy of the listings or any other information provided by a user about the Art.

LISTING AND SELLING ART

Listing and Selling. You must be an artist or craftsperson from Nova Scotia and be a Registered User in order to list and sell Art on Nova Scotia Art Online.

Listing Policy. In order to list your Art for sale on the Site, you agree to complete and submit to us an Art Listing Form, located in the artist member's area of the Site. You may also submit, together with your completed Art Listing Form, images of your Art provided such images are in .jpg format.

Basic Listing Obligation. By listing Art on the Site, the seller agrees to sell the Art once a buyer has completed the check-out process.

Listing Pricing Policy. The Art listed on the Site must be offered at a price lower than or equal to any price at which the Art is offered on other websites. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by Redquest Media, Redquest Media shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If a transaction is reversed or charged back for any reason, you agree to promptly reimburse Redquest Media for the amount of the reversed transaction.

PURCHASING ART

Purchasing. You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the sale transaction upon completion of the check-out process.

Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax. Buyers are liable for the posted purchased price of the piece(s) of Art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax (collectively, the "Purchase Fees").

Payments. Payment for the Art may be made by credit card as specified on the Site. All posted purchase prices are listed according to their value in Canadian dollars.

DELIVERING THE PURCHASED ART

Shipping and Packing. Seller shall pack the piece(s) of Art and ship them to the address specified by the buyer. The piece(s) of Art should be packed so as to protect them during shipment. Nova Scotia Art Online shall not participate in the packing and shipping process, and in no event shall Nova Scotia Art Online or Redquest Media be liable for any damages of any kind arising from the packing or shipment of any Art.

Freight and Transportation. The buyer is responsible for the costs associated with all freight, shipping and other costs related to transporting the Art from the seller's location.

Ownership Transfer. The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.

RETURNS

Return Period. Unless otherwise stated under "Returns" for a particular piece of Art, a buyer may return a piece of Art within seven (7) days after the date of buyer's receipt of such piece of Art (the "Return Period"). No returns will be accepted after such period.

Return Process. If a buyer elects to return a piece of Art, the buyer must follow the returns process laid out in our Returns Policy available at http://www.nsartonline.com/customer/help.cfm?topic=returns and hereby incorporated by reference.

COMMISSIONS AND PAYMENTS TO SELLER

Commissions. Our commissions are available at http://www.nsartonline.com/customer/help.cfm?topic=fees and are hereby incorporated by reference. Redquest Media may change its payments and commissions from time to time.

Remittance of Proceeds. Redquest Media shall remit the Purchase Fees to the seller, after first deducting Redquest Media's posted fees and commissions, within thirty (30) days after the later of (i) the date of shipment of the Art to the buyer and (ii) the date when Redquest Media verifies receipt of the Purchase Fees from the buyer. Payments will be made to seller either by e-mail money transfer or cheque.

SALES TAXES

Tax Responsibility. Title to the Art does not pass to Redquest Media, which owns Nova Scotia Art Online. The seller is the retailer for sales tax purposes. The seller shall file all sales tax returns in accordance with applicable law, and each seller shall indemnify Redquest Media against any tax, cost or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's Art.

Tax Procedures. Upon registering, the seller shall specify whether or not they are registered to collect GST/HST for sales of their art. If so, all art sold for the artist is subject to GST/HST depending on the location of the buyer. If a buyer from any province which collects HST purchases a piece of Art from a seller in Nova Scotia, Nova Scotia Art Online shall charge the buyer HST. If a buyer from any other province within Canada purchases a piece of art, GST will be charged. If the buyer is from outside Canada, or if the artist does not charge tax on sales of their art, no tax is added to the purchase price. Any sales tax charged and collected shall be passed on to the seller to be remitted.

RESTRICTED ACTIVITIES

Any information you provide during the registration, listing or sale/purchase process and your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for Redquest Media or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are concurrently listed for sale on a website other than the Site; or (d) you do not have a right to link to or include.

INTELLECTUAL PROPERTY

Your Information. You agree to grant Redquest Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. Redquest Media will use such information solely to enable it to provide the Services.

The Site and Services. The trademarks, trade names, designs and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Redquest Media or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Redquest Media, is strictly prohibited.

Copyright Violations. If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, please contact us to register your complaint through the following link: http://www.nsartonline.com/customer/help.cfm?topic=contact.

In order for Redquest Media to investigate and address your complaint, please provide Redquest Media with as much information as possible. If a clear infringement of copyright, trademark, patent, publicity rights or other right comes to the attention of Redquest Media, Redquest Media reserves the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.

How We Handle Copyright Violations. Upon receiving notice of a potential copyright infringement, Redquest Media may immediately delete or suspend access to the infringing material. Redquest Media may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If Redquest Media has deleted or suspended access to materials you posted on the Site because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each Response must contain the following:

Your physical or electronic signature;

• Identification of the material that was deleted or made inaccessible;
  
• A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
  
• Your name, address and telephone number and a statement that you consent to any judicial district in which Redquest Media may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person.
  
• A copy of your Response, including your name and address, will be sent to the person who complained about your posting. Redquest Media will then decide, in its sole discretion, whether to re-display the deleted materials on the Site.

DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

Disclaimer. THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REDQUEST MEDIA DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. REDQUEST MEDIA MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. REDQUEST MEDIA MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REDQUEST MEDIA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. REDQUEST MEDIA EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

Limitation of Liability. IN NO EVENT SHALL REDQUEST MEDIA BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL REDQUEST MEDIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF REDQUEST MEDIA OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF REDQUEST MEDIA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.

Indemnity. You agree to defend, indemnify and hold harmless Redquest Media and all of its respective agents, directors, officers, subsidiaries, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any breach or violation by you of this User Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.

DISPUTE RESOLUTION

THIS AGREEMENT, YOUR USE OF THE SITE, AND ALL RELATED MATTERS ARE GOVERNED SOLELY BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA AND APPLICABLE FEDERAL LAWS OF CANADA, EXCLUDING ANY RULES OF PRIVATE INTERNATIONAL LAW OR THE CONFLICT OF LAWS WHICH WOULD LEAD TO THE APPLICATION OF ANY OTHER LAWS. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE RESOLVED BEFORE THE COURTS OF ONTARIO IN THE CITY OF OTTAWA, ONTARIO, CANADA AND YOU HEREBY IRREVOCABLY SUBMIT AND ATTORN TO THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THOSE COURTS IN RESPECT OF ANY SUCH DISPUTE OR MATTER. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE, THIS AGREEMENT OR ANY RELATED MATTER MUST COMMENCE IN A COURT OF COMPETENT JURISDICTION IN THE CITY OF OTTAWA, ONTARIO, CANADA WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES, AFTER WHICH TIME THE CLAIM OR CAUSE OF ACTION IS FOREVER BARRED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

GENERAL PROVISIONS

Eligibility. Only Registered Users are eligible to participate in the Services.

Third Party Links. Where Redquest Media provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. Redquest Media is not liable for any damages or injury arising from use of such sites.

Modification and Availability. Redquest Media may, at any time, delete, modify or supplement the content of the Site without prior notice. Redquest Media reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or hours of availability. Redquest Media may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.

Monitoring. You agree that Redquest Media has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. Redquest Media reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.

Access and Interference. You agree that you will not use any automatic device or manual process to monitor or copy Redquest Media's web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Redquest Media's infrastructure.

Service Integrity. Redquest Media makes reasonable commercial efforts to make its Services and Site available at all times. However, Redquest Media is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.

Termination. This User Agreement constitutes a legally binding agreement between you and Redquest Media until terminated by you or Redquest Media, which Redquest Media may do at any time, without notice, at Redquest Media's sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.

Privacy. Redquest Media's Privacy Policy, is hereby incorporated by reference.

Governing Law. This User Agreement is made and shall be governed by and construed in accordance with the laws of the Province of Ontario.

Injunctive Relief. It is understood and agreed that, notwithstanding any other provisions of this User Agreement, breach of the provisions of this User Agreement by you will cause Redquest Media irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under this User Agreement in addition to any and all other remedies available at law or in equity.

Waiver. The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Severability. In the event that any provision of this User Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this User Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Entire Agreement. This User Agreement comprises the entire agreement between you and Redquest Media and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this User Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this User Agreement.