PORTFOLIO SUBMISSION

Terms and Conditions

By submitting a portfolio for review you hereby agree to the following terms and represent and warrant that:

• Age – All registration information you submit is truthful and accurate. You further represent and warrant that you are 18 years of age or older and of full legal capacity and that your use of agifineart.com does not and will not violate any applicable law or regulation. If you are an artist representative you further represent that the artist whose work you are submitting is 18 years of age or older and of full legal capacity.

• Copyrights – All of the images that you will be submitting either are images of original artwork created by you or is artwork created by an artist who authorized you to submit the images on his/her behalf and the images do not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person or entity. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of AGI Fine Art to terminate all relations with any artist or artist representative who infringes copyright upon prompt notification to AGI Fine Art by the copyright owner or the copyright owner’s legal agent without limiting the foregoing.

• Artwork – The artwork which will be uploaded by you will not include pornographic, sexually explicit or suggestive material, violence or gore and/or racist material.

• Retention of Images – By uploading your artwork, you authorize us to retain the images of such uploaded artwork on our system until you send us an email at removeImages@agifineart.com requesting that we delete such images, we shall delete the images within 7 business days of receipt of your email.

• Fee – You agree that all consultation fees are non-refundable. If your work is accepted the consultation fee will be deducted from the promotional fees. If you are accepted and, for whatever reason, reject our promotional offer the fee will not be refunded.

• Limitation of Liability – In the event that you bring a lawsuit or assert in any forum any claim whatsoever against AGI Fine Art, its owners, agents, employees, representatives and/or officers, in connection with and/or arising from any claims that are in any way related to your submission of artwork to AGI Fine Art for any purpose, and/or any acts or omissions arising from AGI Fine Art’s representation of you or your represented artists and/or AGI Fine Art’s relationship with you in any manner whatsoever, the maximum amount of damages to which you shall be entitled on all of your claims in the aggregate shall be the greater of either (a) the insurance proceeds received by either you or AGI Fine Art in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by the insurance policy, no more than the total amount actually paid by you to AGI Fine Art in connection with your relationship with AGI Fine Art.

  In the event that any party commences a lawsuit or other legal proceeding to enforce its rights under this Agreement or in connection with and/or arising from any claim whatsoever against AGI Fine Art, its agents, employees, representatives and/or officers, in connection with any claims that are in any way related to this agreement and/or any acts or omissions arising from AGI Fine Art’s representation of you or of your artists and/or AGI Fine Art’s relationship with you in any manner whatsoever; a) you hereby unconditionally consent to the exclusive jurisdiction of the courts of the state of New York, New York County, and New York law shall apply for the adjudication of any such claim and b) AGI Fine Art shall be entitled to recover from you all of its costs and expenses relating to any such proceeding including, without limitation, its attorneys’ fees.

• Indemnity – You agree to indemnify and hold harmless AGI Fine Art, its subsidiaries, affiliates, owners, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or any acts or omissions arising from AGI Fine Art’s representation of you and/or AGI Fine Art’s relationship with you in any manner whatsoever.