TERMS OF USE

• 1. ACCEPTANCE OF TERMS
• 2. DESCRIPTION OF SERVICES
• 3. REGISTRATION and MEMBERSHIP ELIGIBILITY
• 4. CONTENT
• 5. LISTING AND SELLING
• 6. FEES AND BILLING
• 7. TRANSACTION CONCERNS OR DISPUTES
• 8. USERS CONDUCT
• 9. COPYRIGHTS COMPLAINTS
• 10. RELEASE and INDEMNITY
• 11. LIMITATION OF LIABILITY
• 12. TRADEMARKS
• 13. BREACH
• 14. PRIVACY
• 15. NO WARRANTY
• 16. NO GUARANTEE
• 17. LEGAL COMPLIANCE; TAXES
• 18. SEVERABILITY
• 19. NO AGENCY
• 20. Tuuum SERVICES
• 21. CHOICE OF LAW
• 22. NOTICES
• 23. DISCLOSURES

1. ACCEPTANCE OF TERMS

"PLEASE READ THESE TERMS OF USE (""AGREEMENT"" OR ""TERMS OF USE"") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY Tuuum (""Tuuum""). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.Tuuum.COM (THE ""SITE"") AND ALL SERVICES PROVIDED BY Tuuum ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, viewing any content or using any services available you (the ""User"" or ""you"") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are artists ("Artists" or "Sellers"), collectors ("Collectors"), sellers ("Sellers"), contributors of content, information and other materials or services on the Site."

2. DESCRIPTION OF SERVICES

The Site is an online community that enables Artists to sell their artwork ("Artwork") in the primary and secondary markets, showcase their portfolios and share information with each other and other users. Collectors can purchase Artwork from Artists (in the primary market) or other Sellers (only in the secondary market), and sell work that they have purchased on Tuuum in the secondary market. Collectors can also share information about themselves and the Artwork they are collecting or interested in.

Tuuum acts as a platform to allow Users who comply with Tuuum's policies to offer, sell and buy Artwork within a fixed-price format in the primary market and within a bidding format in the secondary market. All Artwork comes with a Certificate of Authenticity from the Artist that must be passed along with the work in all future secondary market transactions on Tuuum. Tuuum has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Collectors to pay for items. Tuuum does not pre-screen users or the content or information provided by users. Tuuum cannot guarantee that any Certificate of Authenticity received by any Collector pursuant to a transaction effectuated via Tuuum is authentic, original and/or valid. Tuuum recommends that Users/Collectors conduct appropriate due diligence to establish the veracity of any Certificate of Authenticity.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Tuuum. Tuuum reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Tuuum may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.

3. REGISTRATION and MEMBERSHIP ELIGIBILITY

Registration

As a condition to using Tuuum's Services, you are required to open an account with Tuuum and select a password and valid username that corresponds to your real, given name, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Tuuum account.

You may not use as a username the name of another person or entity, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Tuuum account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.

Membership (Artist)

There are two ways for an artist to become a member of Tuuum:

1. Receive an invitation from another Artist

2. Receive an invitation from an Artist Connector (see below)

Each artist has a limited number of invitations to extend at any given time. Once an Artist has received an invitation from another Artist to join Tuuum, he/she will be prompted with instructions on how to complete registration, and must do so within a specific timeframe or the invitation expires. See the How it works section of the Site for more information on referral rewards.

The Services are for use by individuals who are Artists. Artist accounts may not be opened by galleries, agents and other market intermediaries and entities that represent Artists or sell their works ("Unauthorized Third Parties"). If you do not qualify for registration you are not permitted to open an account or use the Services. You can only open one account even if you receive multiple invitations addressed to different email addresses you own. Tuuum reserves the right to delete accounts that it believes, in its sole discretion, belong to Unauthorized Third Parties. If you decide to cancel your account your connections and relative future commissions will become direct connections and commissions of the artist that invited you to join Tuuum.

Membership (Artist Connectors)

In order to develop the network in new communities, Tuuum reserves the right to assign a limited number of artists or users the role of "connectors". For these specific users or "Artist Connectors", the number of invitations is at Tuuum's discretion.

Membership (Collector)

A Collector account can be opened by anyone that meets the requirements listed in the registration section. Users must be registered in order to complete a purchase on the site.

4. CONTENT

License

Tuuum does not claim ownership rights in your Content. You grant Tuuum a license solely to enable Tuuum to use any information or Content you supply Tuuum with, so that Tuuum is not violating any rights you might have in that Content. You grant Tuuum a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Tuuum to store or re-format your Content on Tuuum and display your Content on Tuuum in any way that Tuuum chooses. Tuuum will only use personal information in accordance with Tuuum's Privacy Policy.

Information Control

Tuuum does not control the Content provided by users that is made available on Tuuum. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Tuuum, you agree to accept such risks and that Tuuum, and (as applicable), officers, directors, employees or Tuuum's suppliers are not responsible for any and all acts or omissions of users on Tuuum. Please use caution, common sense, and practice safe buying and selling when using Tuuum.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Tuuum user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Tuuum-related communications. Tuuum has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Tuuum user to your email or physical mail list. For more information, see Tuuum's Privacy Policy.

Re-Posting Content

By posting Content on Tuuum, it is possible for an outside website or a third party to re-post that Content. You agree to hold Tuuum harmless for any dispute concerning this use. If you choose to display your own Tuuum-hosted image on another website, the image must provide a link back to its listing page on Tuuum.

Other Resources

Tuuum is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Tuuum does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Tuuum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Idea Submissions

Tuuum considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the Works sold on the Site by Artists) (collectively, the "Material") to be non-confidential and non-proprietary, and Tuuum shall not be liable for the disclosure or use of such Material. If, at Tuuum's request, any member sends Material to improve the site (for example through the Forums or to customer support), Tuuum will also consider that Material to be non-confidential and non-proprietary and Tuuum will not be liable for use or disclosure of the Material. Any communication by you to Tuuum is subject to this Agreement. You hereby grant and agree to grant Tuuum, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

5. LISTING AND SELLING

Listing Description (Primary Market)

On Tuuum you can only sell original works of art under $5000 in one of the following media: painting, drawing, photography, print and mixed media. Video and sculpture and other forms of art are not included at this time. At any give time, at least three works in your primary market must be below $1000. When you first create your profile, you will be able to upload up to ten artworks, three below $1000 and the rest anywhere below $5000. Every time you sell an artwork, three new slots will become available to upload three additional artworks at any price point below $5000. Tuuum reserves the right to change pricing policies and the policy regarding the forms of art that can be sold on the platform at any time. Artists may not list Artwork (for example video) that does not adhere to Tuuum's listing policies. Failure to comply will result in exclusion from the platform.

By listing an Artwork on the Site you warrant that you and all aspects of the Artwork comply with Tuuum's published policies. You also warrant that you may legally sell the item, that the item is an original, unique work of art or part of a limited edition of fine art prints and that you are the creator.

You must accurately describe your item by completing the appropriate categories and assigning appropriate tags. When listing an Artwork you must define the price, title, medium or media, subject, year of production, size and the shipping and tax expenses (see "Shipping Policies" below). You must also provide a high resolution image of the Artwork following Tuuum's guidelines for uploading images in the FAQ section of the Site. Tuuum reserves the right to edit these images for optimizing viewing on the platform at any time. You must also guarantee that the item shipped to the Collector is as described in the listing.

Each unique Artwork must have its own listing and you can list up to ten Artworks when you first register. In the case of a limited edition fine art prints you should create a single listing, specifying the total number of prints in the edition [maximum of 100 (for requests to adjust the maximum number of prints of a specific Artwork, please contact Tuuum at artist@tuuum.com)] along with the remaining number of prints for sale on Tuuum (this number will automatically adjust every time a print is sold on Tuuum).

If the Artwork is sold offline it must immediately be taken down from Tuuum. The same policy also applies for editions: at the time of an offline sale, you must manually update the remaining number of prints for sale on Tuuum.

Listing Description (Secondary Market)

Once the checkout process for buying an artwork in the primary market is complete, buyers will be asked to select one of the following options in order to setup their secondary market:

1. Up for resale: visible on profile & public price. (recommended)
2. Up for resale: visible on profile & undisclosed price.
3. Not for sale: visible on profile & undisclosed price.
4. Not for sale: not visible on profile & undisclosed price.

Users can adjust the secondary market status of each artwork in their online personal collection at any time by going to their Dashboard.

More specifically, this is what each of these scenarios means:

1. The artwork will immediately be displayed in their online personal collection (artwork bought on Tuuum) with its last recorded price and once the trial period is over, other collectors will have the possibility to make an offer on the work. Tuuum recommends displaying the last recorded price because it's the most transparent option and will help you receive more bids.

2. The artwork will immediately be displayed in their online personal collection (artwork bought on Tuuum) without disclosing its price and once the trial period is over, other collectors will have the opportunity to bid on the work.

3. The artwork will immediately be displayed in their online personal collection (artwork bought on Tuuum) and marked as not for sale.

4. The artwork will not be displayed in their online personal collection (artwork bought on Tuuum) and there will therefore be no public online record associating the purchase to their profile page.

If you choose option 1 or 2 and you receive an offer, Tuuum will send you a notification and you will need to decide whether to accept or reject it within 3 business days. The offer made is legally binding, the moment in which you accept it, the buyer's credit card will be charged the agreed amount. Tuuum will send the buyer confirmation and you will need to ship the artwork within 3 business days.

Binding Sale (Primary Market)

All sales are binding. The Seller is obligated to ship the order within 3 business days after the transaction has been completed. Failure to comply will result in exclusion from the platform.

Binding Sale (Secondary Market)

When an offer is made, Tuuum sends a notification to the Artworks' owner, who then decides whether to accept or reject the offer. Offers must include an estimate of shipping fees and sales tax. The offer is valid for up to 7 business days at which time, if not accepted, or rejected, it is withdrawn. The offer made is legally binding. If the offer is accepted, Tuuum sends the Collector instruction for payment, and the seller has to ship the Artwork within 3 business days after the transaction has been completed. Failure to comply will result in exclusion from the platform.

Shipping Policies and Sales Tax (Primary Market)

When listing an item for sale in the primary market Tuuum asks the Seller to define reasonable shipping fees and sales tax to cover the costs for packaging and mailing the items based on the country to which the Artwork will be shipped (Sellers cannot make a profit from shipping fees and sales tax expense). The choice of countries to which to offer shipping is at the Seller's discretion. Links to information on shipping fees and sales tax with certain couriers can be found in the FAQ section of the Site. The Seller is wholly liable for the Artwork up to the delivery. Insuring the artwork when shipped is at the Seller's discretion. Sold artworks are not insured by Tuuum and Tuuum is not responsible for insurance. For transaction concerns or disputes related to a damaged item, please refer to Section 7.

Shipping Policies and Sales Tax (Secondary Market)

When offering an artwork for sale in the secondary market, the Seller is not required to define shipping fees and sales tax. Offers from potential buyers will already include both an estimate for shipping fees and an estimate for sales tax.The Seller is wholly liable for the Artwork up to the time of delivery. Insuring the artwork when shipped is at the Seller's discretion. Sold artworks are not insured by Tuuum and Tuuum is not responsible for insurance. For transaction concerns or disputes related to a damaged item, please refer to Section 7.

All Artworks must be accompanied by a Certificate of Authenticity from the Artist (information on the Certificate of Authenticity can be found in the How it works and FAQ sections of the Site).

Sellers must use a 100% traceable shipping method that provides signature confirmation at delivery. Tuuum recommends getting an estimate for shipping each artwork in advance by contacting UPS, USPS or other couriers. When using USPS to ship internationally, Tuuum advises against using "First Class International Mail" as it is not traceable once the package leaves the United States. For international shipping the seller is also required to print out the receipt of the transaction (provided by Tuuum when the order is placed) and tape it outside of the package with transparent packaging tape. Once the Artwork has been shipped, the Seller must fill in the tracking number in the appropriate form in their Profile selling history and the Buyer will receive an automatic shipping confirmation email with the tracking number.

Trial Period (Primary Market ONLY, there is no Trial Period in the Secondary Market, all sales are final)

After the Collector has received the Artwork, he/she can send it back to the Artist in up to 10 calendar days following its delivery date. The Artwork must be in the same condition as when it was received, accompanied by the Certificate of Authenticity. The Collector must notify Tuuum of the return using the appropriate "trial period" form on the Site in which he must include the tracking code of the return shipment. The Collector will be responsible for paying the shipping expenses to send the Artwork back. Once the Artwork is delivered to the Artist, Tuuum will reimburse the Collector for the cost of the Artwork (including sales tax and excluding shipping costs).

6. FEES AND BILLING

For both Artists and Collectors, joining and setting up a profile on Tuuum is free. Artists are required to have a PayPal account in order to receive payment. Collectors who want to re-sell an Artwork in the secondary market must set up a PayPal account in order to do so.

Tuuum's payment cycle is defined as the end of the month in which a specific transaction was deemed complete. At the end of the month all rewards or royalties accumulated in that month are paid out to the Seller.

Fee Schedule (Primary Market)

If there is a concern or dispute with the Artwork, the User must submit an "item not as described" or "item damaged" form within three business days of delivery (see section 7).

Moreover, as stated in the Trial Period clause in section 5, the Collector has 10 calendar days from the date of delivery to return the artwork, free of charge, covering only shipping costs (both ways). Until the expiration of the Trial Period, Tuuum holds any funds related to the transaction and once the 10 day trial period expires, the purchase and sale is deemed complete. At the end of the payment cycle Tuuum releases funds to the Artists and all parties entitled to a commission on the specific transaction.

Fee Schedule (Secondary Market)

Once an Artwork is delivered, all sales in the secondary market are final unless an "item not as described" or "item damaged" form is submitted within three business days of delivery (see section 7). Once the three business days expire, the sale is deemed complete and at the end of the payment cycle Tuuum releases the funds both to the Seller and to the Artist who created the Artwork pursuant to droite de suite principals.

Fee Distribution (Primary Market)

Tuuum holds a percentage of the sale price as a fee for its Services. Referral Artists also receive a percentage of the sale price. Referral Artists are artists entitled to commissions on sales because they are associated by invitation to other artists (more information on Referral Artists and commissions can be found in the How it works or FAQ sections of the Site). Artists who are suspended or excluded from the Platform due to misconduct immediately forfeit any and all future commissions they are entitled to. Artists who choose to cancel their Tuuum account also forfeit any and all future commissions.

Fee Distribution (Secondary Market)

Tuuum holds a percentage of the sale price as a fee and the Artist who created the Artwork receives a droite de suite payment for as long as the Artwork is sold or re-sold on Tuuum. If the Artwork is re-sold offline Tuuum and the Artist are no longer entitled to a percentage of the sale price. See the How it works or FAQ sections of the Site for more information on how the fees and droite de suite in the secondary market work. Artists who are suspended or excluded from the Site due to misconduct will continue to receive droite de suite on Artwork sold prior to suspension or exclusion.

Miscellaneous

In addition to the foregoing, the following terms and conditions shall apply to the payment of Fees:

Fees and commissions shall not be paid in connection with any Artwork that is returned by the Collector.

Payment will be processed via PayPal as indicated in your Tuuum account.

Sales tax must be calculated by the Seller in the primary market and included in the shipping and handling fees of the artwork. The Collector will pay for all sales tax, shipping and handling fees defined by the Seller and the Platform will collect and forward them to the Seller along with their share of the face value of the artwork at the end of the payment cycle.

Sellers are responsible for paying all applicable worldwide tax obligations in connection with Fees and Commissions paid to them through the Tuuum platform over the course of the fiscal year. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Tuuum cannot and does not offer tax-related advice to any Members of the Site, Application and Services.

Tuuum reserves the right to change the fee policies from time to time and at any time at its sole discretion. We will notify you of changes to the fee policy by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the Site, including the continued posting of your Work after a change in fees will signify your acceptance of the revised fee policies. Tuuum may choose to temporarily change the Fees Policy and the fees for Tuuum's services for promotional events (for example, free listing days); such changes are effective when Tuuum posts the temporary promotional event on the Site. Tuuum may, at Tuuum's sole discretion, change some or all of Tuuum's services at any time. In the event Tuuum introduces a new service, the fees for that service are effective at the launch of the service.

7. TRANSACTION CONCERNS OR DISPUTES

As a marketplace venue, Tuuum's role is to connect collectors with sellers. In no event shall Tuuum, and (as applicable), officers, directors, employees or Tuuum's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Tuuum's services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

We hope that your experience on Tuuum is smooth and hassle-free. In the event of a problem with a transaction, the processes listed below should be followed.

These processes are based on the principle that the sender of the Artwork is responsible that Artwork up to the effective delivery to the receiver. There are two types of disputes that can involve users of Tuuum:

1) The receiver reports that the item received does not match the description (also referred to as an "item not as described" case).

2) The receiver (be it the Collector who buys the artwork or the Artist who receives it back after the trial period) can report that the item received is damaged (also referred to as an "item damaged" case).

In both cases the report can be filed no later than 3 business days following the effective delivery of the artwork ("Effective Delivery"). Effective Delivery means the physical delivery of the Artwork to the address specified by the Collector as confirmed by the shipping company used to ship the Artwork. Furthermore, no commissions on the specific sale will be distributed to the Sellers or Referral Artists if either of these cases arise.

Item not as described

In the event the Collector receives an Artwork that is significantly different from the original listing, the Collector may open an "item not as described" case by going to the Purchase History page of their Profile. Tuuum will then follow up requesting further details on the Artwork and pictures showing the problem. Once Tuuum receives the information and gives a confirmation, the collector must ship the artwork within 3 business days and provide the return shipping information along with the receipt. The collector must use a reasonable shipping method that is equal to or less than the cost paid for the original shipment.

As soon as the artwork is successfully re-delivered to the Seller, Tuuum will reimburse the Collector funds deposited to buy the artwork plus applicable sales taxes and shipping costs (both ways). The Seller will be debited for return shipping expenses, which will be deducted from the Seller's subsequent transactions on the website.

Tuuum reserves the right to inquire into the behavior and activity of both Collectors and Sellers that result in a dispute. Tuuum operates with integrity. Therefore bad faith and dishonest behavior, determined by Tuuum in its own discretion, will not be tolerated. Members who do not comply with Tuuum's policies will be excluded from the platform and their pages will be terminated.

Item damaged

In the event the Collector receives a product that is damaged, they may open an "item damaged" case by going to the Purchase History page of their Profile. Tuuum will then follow up requesting further details on the Artwork and pictures showing the problem. Once Tuuum receives the information and provides confirmation, the Collector must ship the artwork within 3 business days and provide the return shipping information along with the receipt. The Collector must use a reasonable shipping method that is equal to or less than the cost paid for the original shipment.

Tuuum will notify the Seller about the claim in order to given them an opportunity to contest the claim directly with shipping company. As soon as the Artwork is successfully re-delivered to the Seller, Tuuum will reimburse the Collector funds deposited to buy the artwork plus applicable sales taxes and shipping costs (both ways). The Seller shall not be reimbursed for the initial shipping expenses and will be debited for the return shipping expenses, which will be deducted from the Seller's subsequent transactions on the website.

Tuuum reserves the right to inquire into the behavior and activity of both Collectors and Sellers that result in a dispute. Tuuum operates with integrity. Therefore bad faith and dishonest behavior, determined by Tuuum in its own discretion, will not be tolerated. Members who do not comply with Tuuum's policies will be excluded from the platform and their pages will be terminated.

8. USERS CONDUCT

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Tuuum are entirely responsible for all Content that you post, or otherwise submit to the Site. Tuuum does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Tuuum. By way of example, and not as a limitation, you agree not to use the Services:

To be false, inaccurate or misleading.

To abuse, harass, threaten, impersonate or intimidate any person.

To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.

To ship Artwork or parts of Artwork those have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.

To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tuuum user.

To advertise to, or solicit, any user to buy or sell any products or services or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

To create or transmit unwanted "spam" to any person or any URL.

To post copyrighted Content that doesn't belong to you.

With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

To modify, adapt or hack Tuuum or modify another website so as to falsely imply that it is associated with Tuuum.

To appear to create liability for Tuuum or cause Tuuum to lose (in whole or in part) the services of Tuuum's ISPs or other suppliers.

To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services.

To promote or sell Content of another person.

To sell or otherwise transfer your profile.

To violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

Furthermore, you may not list any item on Tuuum (or consummate any transaction that was initiated using Tuuum's service) that, by paying to Tuuum its fee, could cause Tuuum to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

To report a suspected abuse of the Site or a breach of the Terms please send written notice to Tuuum at email: report@tuuum.com.

9. COPYRIGHTS COMPLAINTS

Tuuum respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person. Tuuum will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Tuuum of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" care of report@tuuum.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Tuuum to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Tuuum with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at report@tuuum.com. You must include in your counter notice sufficient information to enable Tuuum to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

10. RELEASE and INDEMNITY

You hereby expressly and irrevocably release and forever discharge Tuuum, and (as applicable), Tuuum's officers, directors, employees or suppliers of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Tuuum, and (as applicable), Tuuum's officers, directors, employees orsuppliers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Tuuum Username and password, (iv) the sale or use of your Work, or (v) any violation of any rights of a third party.

11. LIMITATION OF LIABILITY

In no event shall Tuuum, and (as applicable), Tuuum's officers, directors, employees or suppliers be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. TRADEMARKS

Tuuum, Tuuum.com and other Tuuum graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Tuuum. Tuuum's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tuuum.

13. BREACH

Without limiting any other remedies, Tuuum may, without notice, and without refunding any fees, delay or immediately remove Content, warn Tuuum's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Tuuum suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Tuuum is unable to verify or authenticate any of your personal information or Content; or Tuuum believes that a user is acting inconsistently with the letter or spirit of Tuuum's policies, has engaged in improper or fraudulent activity in connection with Tuuum or the actions may cause legal liability or financial loss to Tuuum's users or to Tuuum.

14. PRIVACY

Except as provided in Tuuum's Privacy Policy Tuuum will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Tuuum stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

15. NO WARRANTY

Tuuum, and (as applicable), Tuuum's officers, directors, employees or suppliers provide Tuuum's web site and services "as is" and without any warranty or condition, express, implied or statutory. Tuuum, and (as applicable), Tuuum's officers, directors, employees or suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Tuuum shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

16. NO GUARANTEE

Tuuum does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Tuuum's control.

17. LEGAL COMPLIANCE; TAXES

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Tuuum service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

18. SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. NO AGENCY

You and Tuuum are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Tuuum SERVICES

Tuuum reserves the right to modify or terminate the Tuuum service for any reason, without notice, at any time. Tuuum reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Tuuum makes a material change Tuuum will notify you here, by email, by means of a notice on our home page, or other places Tuuum deems appropriate. What constitutes a "material change" will be determined at Tuuum's sole discretion, in good faith, and using common sense and reasonable judgment.

21. CHOICE OF LAW

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

22. NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to Tuuum; 888 8^th Ave; 16F; New York, NY 10019 (in the case of Tuuum) or, in your case, to the email address you provide to Tuuum (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tuuum may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Tuuum. In such case, notice shall be deemed given three days after the date of mailing.

23. DISCLOSURES

The services hereunder are offered by Tuuum Inc., located at 888 8^th Ave; 16F; New York, NY 10019.