1. ACCEPTANCE OF TERMS
Artgallery.org service are subject to the following Terms and Conditions of Service (“TCS”). Artgallery.org reserves the right to update the TCS from time to time without notice to you. You will find the most updated version of the TCS at http://www.artgallery.org/terms/html. By using Artgallery.org, you agree to be bound by and to comply with these TCS.
2. DESCRIPTION OF SERVICE
Artgallery.org is an online venue for selling and buying art (the “Service”). By using Artgallery.org, you agree to receive communications like service announcements and administrative messages from Artgallery.org. These communications are considered part of Artgallery.org membership and you will not have the option to refuse to receive them. In the absence of any express provision, any new features to Artgallery.org shall be subject to the TCS. You understand and agree that Artgallery.org is providing a venue only and is not responsible for the sale, purchase, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings
You accept that in obtaining access to Artgallery.org, third party fees (such as Internet service provider or airtime charges) will be incurred. In addition, it is your responsibility to possess all equipment necessary to access Artgallery.org.
You understand and accept that you need to be at least 18 years old to view certain areas on Artgallery.org as it may contain adult or mature content.
3. YOUR REGISTRATION OBLIGATIONS
In using Artgallery.org, you agree to: (a) provide true, accurate, current and complete information about yourself as required in the Artgallery.org registration form and also to (b) maintain and promptly update such information so that it continues to be true, accurate, current and complete. If you provide any information, or if Artgallery.org has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Artgallery.org will have the right to suspend or terminate your registration and refrain you from current or future use of Artgallery.org .
4. ARTGALLERY.ORG PRIVACY POLICY
The personal information that you provide upon registration and certain other information is subject to the Artgallery.org Privacy Policy. To know more about our privacy policy, read the entire policy at http://www.artgallery.org/privacy/html.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Once you successfully complete the registration process, Artgallery.org will send you a password and account designation. The responsibility for maintaining the confidentiality of the password and account is yours. You will also be solely responsible for all activities happening under your password or account. In case of any unauthorized use of your account/password, you should (a) immediately notify Artgallery.org,. In order to avoid such situations, make sure you sign out from your account at the end of every session. After the free trial period expires, if you do not wish to continue using artgallery.org, you should cancel your account before, or on the exact date and time, your free trial expires. This will prevent you from being charged the annual membership fee. You are responsible for knowing when your free trial and annual membership expires. The procedure for canceling your account is detailed in section 13 which you must strictly comply with. Artgallery.org cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. MEMBER CONDUCT
You understand that all content (this includes publicly posted or privately transferred information, data, text, software, music, sound, photographs, graphics, video, messages or other materials) is the sole responsibility of the person from whom such content originated. Therefore, you will be entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Artgallery.org. Artgallery.org does not have control over content posted on Artgallery.org and hence cannot and does not guarantee the accuracy, integrity or quality of such content. You understand and accept that by using Artgallery.org, you may be exposed to content that is offensive, indecent or objectionable. Artgallery.org will not be liable in any way for any content or for any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any content made available via Artgallery.org.
You agree not to use Artgallery.org for the following purposes:
1. upload or post any content that is not art, such as wedding, vacation, or personal photographs;
2. upload or post any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. harm minors in any way; person;
4. “stalk” or otherwise harass another
5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, a Artgallery.org employee;
6. to manipulate identifiers by forging headers or otherwise in order to disguise the origin of any content transmitted through Artgallery.org;
7. upload, post, email, transmit or otherwise make available any content that you are not legally permitted to or that of which you are not an owner;
8. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unauthorized solicitation;
10. upload, post, email, transmit or otherwise make available any material 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;
11. interfere with or disrupt Artgallery.org or servers or networks connected to Artgallery.org, or disobey any requirements, procedures, policies or regulations of networks connected to Artgallery.org; or
12. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
You acknowledge that Artgallery.org does not pre-screen content. Hence Artgallery.org and its designees shall have the right to refuse or move any content that is available via Artgallery.org. The right includes the right to remove any content that violates the TCS or is otherwise objectionable. It is your duty to investigate the risks involved in the use of any content on Artgallery.org and it is your duty to bear all such risks. You acknowledge that you may not rely on any content created by Artgallery.org or submitted to Artgallery.org.
You acknowledge and agree that Artgallery.org may preserve as well as disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; or to enforce the TCS; or to respond to claims that any content violates the rights of third-parties; or to protect the rights, property, or personal safety of Artgallery.org, its users and the public.
You accept that the processing and transmission of your content via Artgallery.org may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
7. SELLING ON ARTGALLERY.ORG
As a seller on artgallery.org, you agree that you are at least 18 years old and will provide Artgallery.org with a valid credit card. As the seller, you agree to promptly ship the correct order in good faith as soon as you have accepted the order and provide Artgallery.org with a valid tracking number for each shipment you make. You agree to promptly issue refunds when appropriate.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Since internet has global outreach, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ARTGALLERY.ORG
“Publicly accessible” areas of Artgallery.org are those areas that are intended by Artgallery.org to be available to the general public.
You understand that Artgallery.org does not own any of the content posted or made available for inclusion on Artgallery.org. But, you also accept that with respect to content made available for inclusion on publicly accessible areas of Artgallery.org, you grant Artgallery.org the following world-wide, royalty free and non-exclusive license(s), as applicable:
• the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on Artgallery.org. This license will exist only as long as you opt to continue to include it on Artgallery.org and will terminate any time you remove or Artgallery.org removes such content from Artgallery.org.
• as regards content other than photos, graphics, audio or video made available for inclusion on publicly accessible areas of Artgallery.org, it has perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
10. INDEMNITY
You agree to indemnify and hold Artgallery.org, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through Artgallery.org, your use of Artgallery.org, your connection to Artgallery.org, your violation of the TCS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Artgallery.org has the right to put in place general practices and limits concerning the use of Artgallery.org but not limited to, the right to limit the maximum number of days that content can stay uploaded on Artgallery.org, the maximum disk space that will be allotted on the Artgallery.org servers for you, and the maximum number of times and their maximum duration for which you may access Artgallery.org during a given period of time. You agree that Artgallery.org has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Artgallery.org. Artgallery.org has the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Artgallery.org reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
You accept that Artgallery.org has the right to modify or discontinue, temporarily or permanently, Artgallery.org (or any part thereof) with or without notice as it may deem fit and will not be liable to you or to any third party for any such modification, suspension or discontinuance of Artgallery.org or any portion thereof.
13. TERMINATION AND CANCELLATION
You agree that Artgallery.org, reserves the right to terminate your password, account or to prohibit you from using Artgallery.org, and remove and discard any content uploaded on Artgallery.org, for any reason, including but not limited to the lack of use or if Artgallery.org believes that you have violated or acted inconsistently with the letter or spirit of the TCS (Terms and Conditions of Service). Artgallery.org also has the discretion to discontinue providing Artgallery.org, or any part thereof, at any time with or without notice. You agree that Artgallery.org may immediately deactivate or delete your account and all related information and content in your account and/or bar current or future access to such content or Artgallery.org. You also agree that Artgallery.org shall not be liable to you or any third-party for any termination of your access to Artgallery.org. To cancel your account, you are required to use the “Cancel” page (http://www.artgallery.org/cancel/html ). Any other form of cancellation request (such as via email, mail or phone) may not be accepted.
14. DEALINGS WITH ADVERTISERS
Artgallery.org will not interfere and is not responsible for your dealings with advertisers found through Artgallery.org, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You accept and agree that Artgallery.org shall not be responsible or liable for any loss or damage incurred as a result of your dealings or because of the presence of such advertisers on Artgallery.org.
15. LINKS
You understand that on Artgallery.org, third parties or Artgallery.org may provide links to other web sites or resources. You further accept that Artgallery.org has no control over such sites and resources and hence is not responsible for the availability of such external sites or resources. You also accept that by allowing these advertisements, Artgallery.org is not endorsing or recommending any of the content advertised. Artgallery.org is also not responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused because of your reliance on any such advertised contents.
16. PROPRIETARY RIGHTS OF ARTGALLERY.ORG
You acknowledge and agree that any software used to facilitate the purpose of Artgallery.org may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content uploaded on Artgallery.org is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Artgallery.org or the Software, in whole or in part, except as expressly authorized by Artgallery.org or advertisers.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Artgallery.org. Artgallery.org grants you a personal, and license to use the object code of its Software on a single computer. The right is non-transferable and non-exclusive right and you shall not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree to access Artgallery.org only through the interface that is provided by Artgallery.org and by no other means.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF ARTGALLERY.ORG IS AT YOUR SOLE RISK. ARTGALLERY.ORG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARTGALLERY.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. ARTGALLERY.ORG DOES NOT WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ARTGALLERY.ORG WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ARTGALLERY.ORG WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ARTGALLERY.ORG WILL NOT BE RESPONSIBLE IN ANY WAY OR FORM FOR ANY DAMAGE OR LOSS INCURRED BY DOWNLOADING ANY MATERIAL OR OBTAINED THROUGH THE USE OF ARTGALLERY.ORG. YOU AE DEALING WITH ARTGALLERY.ORG ON YOUR OWN RISK, AT YOUR OWN DISCRETION. YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR FOR LOSS OF DATA RESULTING FROM DOWNLOADING ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM ARTGALLERY.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCS.
18. LIMITATION OF LIABILITY
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT EVEN IF ARTGALLERY.ORG HAS BEEN ADVISED OF THE CHANCES OF DAMAGES RESULTING FROM THE FOLLOWING, ARTGALLERY.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES: (i) THE USE OR THE INABILITY TO USE ARTGALLERY.ORG;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ARTGALLERY.ORG;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ARTGALLERY.ORG; OR
(v) ANY OTHER MATTER RELATING TO ARTGALLERY.ORG.
19. EXCLUSIONS AND LIMITATIONS
DEPENDING ON YOUR JURISDICTION, SOME OF THE LIMITATIONS AND WARRANTIES DETAILED IN SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. THIS IS BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Artgallery.org may serve notices to you via email or regular mail. Notices of changes to the TCS or other matters will be provided by displaying notices or links to notices generally on Artgallery.org.
21. TRADEMARK INFORMATION
Artgallery.org and the tag line Buy Art-Sell Art-Love Art are both registered trademarks of Artgallery.org, LLC. You agree not to use/display in any manner either trademark without prior permission.
22. COPYRIGHTS
To resolve copyright infringement issues, you will have to contact the concerned seller and not Artgallery.org. You can send a message to the seller by using their Contact page. However, if you are unable to resolve the issue with the seller, you should provide Artgallery.org with the following information:
1. copy of your complete correspondence with the seller;
2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
3. a description of the copyrighted work or other intellectual property that you claim has been infringed;
4. a description of where the material that you claim is infringing is located on the site;
5. your address, telephone number, and email address;
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of copyright or other intellectual property infringement can be sent to Artgallery.org as follows:
Email: Support@Artgallery.org
Mail:
Artgallery.org, LLC.
Attn: Copyright Agent
2114 Anderson SE
Grand Rapids, Michigan 49506
23. GENERAL INFORMATION
The TCS constitute the entire agreement between you and Artgallery.org and govern your use of Artgallery.org, and any prior agreements between you and Artgallery.org stand nullified. You also may be bound by additional terms and conditions that may apply when you use third-party content or third-party software. The TCS and your relationship with Artgallery.org shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, city of Grand Rapids.
The failure of Artgallery.org’s failure to exercise any right granted by the TCS will not amount to waiver. If any provision of the TCS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties’ intentions and the other provisions of the TCS remain in full force and effect. You agree that irrespective of any statute or contractual provision to the contrary, any cause of action arising out of the TCS should be filed within one year of such a claim having arisen.
The section titles in the TCS (Terms and Conditions of Service) are for convenience only and have no legal or contractual effect.
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