KESART LLC TERMS OF SERVICE

Welcome to http://www.kesart.net (the "Site"), an Internet art destination, provided and operated by Kesart LLC, where people and organizations can buy original multimedia artworks, graphics, and prints (the "Art") online and as well as contract for design and educational services (the "Services"). The Services are provided by Kesart LLC ("Kesart" or "we") to you ("you" or "user") subject to the following terms and conditions set forth in these Terms of Service.

Acceptance of Terms. Before you use the Services, we require that you read and accept these Terms of Service. If you visit, shop, or otherwise participate in the Services on the Site, you will have accepted these Terms of Service. If you choose not to accept these Terms of Service, you may not access or otherwise use the Site or Services. If you have any questions regarding these Terms of Service, please contact our Customer Service department by going to http://www.kesart.net/index.php?contact/. In addition, when using particular Kesart owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms of Service, including the Kesart Privacy Policy.

Amendment. We may, at our sole discretion, change, modify, add or remove any portion of these Terms of Service, 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 Terms of Service. These Terms of Service were last revised on April 30, 2008.

PARTICIPATION REQUIREMENTS

Capacity to Contract. The Services are available only to individuals who, or entities which, 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, a parent or guardian. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms of Service.

Registration. In order to purchase any particular piece of Art, or to obtain Kesart's Services, you may provide certain information such as your contact information to Kesart. The information which you provide will be maintained in strict confidentiality and will not be shared with any third party pursuant to Kesart's Privacy Policy which you can view at http://www.kesart.net/index.php?privacy_policy. When Kesart has notified you that your registration form has been approved, you will become a "Registered User." You agree and represent that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Kesart 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.

Kesart's Relationship to You. Kesart owns, controls, licenses or has the right to use and provide the Site, the Art and the Services and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Kesart is the owner of the copyright in the entire Site and Services. Kesart owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, you may make no changes in or deletion of any author attributions, trademarks, legends or copyright notices. You may obtain more information on the copyrights, trademarks, and service marks of Kesart and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.

PURCHASING ART

Purchasing. You must be a Registered User in order to purchase any work of Art shown on the Site. A purchaser of any work of Art ("Buyer") is obligated to complete the purchase transaction upon completion of the check-out process. [When you purchase a piece of Art from us on the Site, you are acquiring the right to obtain the Art and to display it in the location of your choosing, provided, however, that you are not acquiring the right to destroy the Art or use it in another work of art which is derived from the Art you acquire from Kesart.]

Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax. Each Buyer is liable to Kesart for the posted purchased price of the piece(s) of Art, as well as any insurance premiums, packing fees, freight and shipping fees associated with, and any applicable sales tax imposed on the Buyer's purchase (collectively, the "Purchase Fees"). Sales tax will only be applicable to sales of Art to Buyers who are located in Connecticut, and will be imposed at the applicable rate at the time of such sale (currently six percent (6%))

Payments. Buyers may make payment for the Art by use of the types of credit cards specified on the Site or by sending a check payable to Kesart LLC. All posted purchase prices are listed according to their value in U.S. dollars. If payment is made by check, the piece(s) of Art will not be shipped until the check clears and payment is received by Kesart. If the check has not cleared within thirty (30) days, the order will be canceled, the the piece(s) of Art will be returned to Kesart's inventory and re-listed on the Site.

DELIVERING THE PURCHASED ART

Shipping and Packing. Kesart shall pack (or arrange for the packing of) the Art purchased on the Site appropriately to protect them during shipment, and ship such Art to the address specified by Buyer. Artwork will be shipped within the timeframe provided by Kesart on the Site.

Ownership Transfer. The Art shall be and remain the property and risk of Kesart until it is delivered to the carrier for shipping to the Buyer. Upon such delivery ownership and the risk with respect to the Art 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 if shipped after the end of the Return Period. The buyer must ship the Art back to Kesart within such seven-day Return Period. If the Art is not shipped for return to Kesart within such seven-day Return Period, the Buyer's purchase of the Art will be considered final.

Return Process. If a Buyer elects to return a piece of Art, the Buyer must mark the order as returned during the Return Period and notify Kesart at http://www.kesart.net/index.php?contact/. If the returned piece of Art has not been altered and is returned within the Return Period, Kesart shall accept the returned piece of Art and notify the Buyer of its acceptance of the returned piece of Art, and the purchase price and any applicable sales tax which had been imposed upon the returned Art will be automatically refunded to the Buyer. Such refunds shall be made by issuing a credit card refund if payment to Kesart was made by credit card, or by check if payment was made to Kesart by check or money order. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the Buyer, and Kesart shall have no obligation to reimburse the Buyer for such amounts.

RESTRICTED ACTIVITIES

Any information you provide during the registration or purchase process and your use of the Services or of the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent; (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 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 Kesart 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 these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) be information with respect to which you do not have a right to link to or include.

The Site and Services. Kesart grants you a limited license to access and make personal use of this Site. 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 ("Site Content") are the sole and exclusive property of Kesart 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 Kesart, is strictly prohibited. Any unauthorized use terminates the permission or license granted by Kesart.

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. KESART.NET 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. KESART.NET MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET ANY USER'S REQUIREMENTS OR EXPECTATIONS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. KESART.NET 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 KESART.NET 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. KESART.NET 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 KESART.NET 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 KESART.NET 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 KESART.NET 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 KESART.NET 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 THESE TERMS OF SERVICE OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.

Indemnity. You agree to defend, indemnify and hold harmless Kesart, its 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 any breach or violation by you of these Terms of Service, 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

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AND THE ARBITRATION SHALL TAKE PLACE IN NEW HAVEN, CONNECTICUT. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.

GENERAL PROVISIONS

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

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

Modification and Availability. Kesart may, at any time, delete, modify or supplement the content of the Site without prior notice. Kesart 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. Kesart 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 Kesart 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. Kesart reserves the right at all times to edit, disclose or refuse to post any material or information 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 Kesart'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 Kesart's infrastructure.

Service Integrity. Kesart makes reasonable commercial efforts to make its Services and Site available at all times. However, Kesart 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. These Terms of Service constitute a legally binding agreement between you and Kesart until terminated by you or Kesart, which Kesart may do at any time, without notice, at Kesart'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.

Governing Law. These Terms of Service are made and shall be governed by and construed in accordance with the laws of the State of Connecticut, excluding its choice of law principles.

Injunctive Relief. It is understood and agreed that, notwithstanding any other provisions of these Terms of Service, breach of the provisions of these Terms of Service by you will cause Kesart 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 these Terms of Service 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 these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Service 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. These Terms of Service comprises the entire agreement between you and Kesart and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service.

Revised: July 13, 2008