Terms of Use
Welcome to our gallery's website (the "Site"). By accessing and using the Site, you agree to abide by these terms of use (the "Terms"). If you do not agree to these Terms, please refrain from using the Site. We reserve the right to modify these Terms without notice, and any changes will be effective immediately upon posting. Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms.
Use of the Site
By using the Site, you agree to comply with the Terms and our Privacy Policy. Unless otherwise specified, you may not copy, reproduce, republish, upload, post, transmit, or distribute any content on the Site without our express written permission. All materials on this Site, including text, images, and HTML, are protected by patent, trademark, and/or copyright laws under Georgia and/or foreign laws. You may not use or distribute any Materials from this Site for any public or commercial purpose including NFT without our express written consent. Additionally, you may not use the Materials for the purpose of training, developing, or enhancing large language models (LLMs), artificial intelligence (AI) models, or any other machine learning models. We grant you a personal, non-exclusive, non-transferable license to access the Site and use the information and services provided on the Site.
Your Account and Access
To use the Site, you must be at least 18 years old and not have been suspended or removed by our gallery for any reason. By registering an account or sending any information in any form on the Site, you agree to provide truthful, accurate, current, and complete information about yourself. We reserve the right to revoke your account, remove or edit content, refuse service, or take any other action at our discretion if you violate these Terms or any applicable laws. Accounts are void where prohibited by law.
Copyright Infringement. Notice and Take Down Procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our copyright agent and provide the following information:
Rules
We reserve the right to modify, suspend, or terminate any aspect of the Site, including Content, features, and availability, without notice or liability to you or any third party. We may also impose rules and limitations on Site use, or restrict access to part or all of the Site, at any time without notice or penalty. We may change these rules and limitations at our discretion.
Prohibited Uses
Individuals using authorized services of our Online Art Gallery may only use the Site for lawful purposes. You are responsible for the content you upload and the consequences of its posting on the Site. Gallery prohibits the following uses of the Site:
Buying from the gallery
When purchasing products from our gallery, it is the sole responsibility of the buyer ("Buyer") to conduct proper due diligence on the products uploaded and sold by artists, designers, and galleries ("Sellers") on our website. Our gallery is not liable for determining the value, authenticity, or condition of the products.
We do not make any representations or warranties, whether express or implied, regarding the goods offered for sale. This includes, but is not limited to, the merchantability, fitness for a particular purpose, accuracy of the product description, physical condition, size, quality, rarity, importance, medium, provenance, export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay, the ability of the Seller to collect the purchase price, or any other representation or warranty of any kind or nature.
All copyrights for the products remain in the ownership of the respective artist, unless otherwise agreed upon in writing.
Buyer Warranties
As a Buyer you warrant and agree that in respect of any Product submitted to our gallery:
Seller Warranties
As a Seller offering Products in our gallery, you confirm and agree that:
Proprietary Rights
As between you and our gallery (or other company whose marks appear on the Site), our gallery (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by our gallery. If you make use of the Site, other than that as provided herein, in doing so you may violate copyright and other laws, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of our gallery, or other entities.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Disclaimer of Warranties
You acknowledge and agree that:
The site, its content, function, materials, and services are provided on an "as is" basis, without any express or implied warranties, including but not limited to warranties of information accuracy, data processing services, uninterrupted access, usefulness, completeness, or non-infringement, as well as any warranties of title, merchantability, or fitness for a particular purpose. Our gallery does not guarantee that the site, its function, content or services will be secure, timely, uninterrupted or error-free, or that any defects will be corrected. Our gallery also cannot guarantee that the site will meet all of your expectations or requirements. Any advice, results or information, or materials obtained through the site, whether oral or written, do not create any warranty not expressly stated herein. If you are unhappy with the site, your only option is to stop using it.
You are solely responsible for any material downloaded or obtained through the use of the site and any resulting damages.
Our gallery does not endorse, warrant, or guarantee any products or services offered or provided by third parties on or through the site. Our gallery is not directly involved in transactions between users and third parties, and therefore does not monitor them.
Force Majeure
In the event of a failure or delay in providing services as stated in the Purchase, Receipt, or written communication between The gallery and the User, Our gallery shall not be held liable for the duration of such failure or delay if:
Limitation of Liability
As a Seller or Buyer using our gallery, you agree that gallery is not responsible for and does not provide any express or implied warranties regarding the Product, including but not limited to its merchantability, fitness for a particular purpose, accuracy of the description in any offer, physical condition, size, quality, rarity, importance, medium, provenance, export or import permits, restrictions, or embargoes, shipment or delivery, packing or handling, compliance with purchase terms, or the ability of the Buyer to pay or the Seller to collect the offer price.
In no event shall gallery, its affiliates, or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, galleries, artists, institutions, representatives, or content or service providers be held liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to the use or inability to use the site or the content, materials, and functions related to it. This includes but is not limited to loss of revenue, anticipated profits, business, data, sales, or the cost of substitute services, even if gallery or its representatives have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability, so some of the above limitations may not apply to you. The total liability of gallery to you for all damages, losses, and causes of action arising from the terms or use of the site shall not exceed, in the aggregate, US $100.00.
Furthermore, gallery, its respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on the site shall not be liable for any damages or losses arising from or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of gallery.
By using the site or any content, merchandise, or services available through it, you acknowledge and accept the preceding paragraph.
Consent to Data Processing
By providing any personal information to the Site, all users, including those in the European Union, fully understand and unambiguously consent to the collection and processing of such information. If you have any questions about these Terms, please contact us using the address provided below.
Deleting Your Account
If you wish to delete your account or withdraw consent, you have the right to request that your personal information be erased from our database, and we will do so within 30 days of the request. You may request, verbally or in writing, that your personal information be deleted if it is no longer necessary for the purpose for which it was originally collected or processed.
Risk of Loss
When you purchase Products from our Site, they are shipped by a third-party carrier under a shipment contract. Therefore, the risk of loss and title for such Products may pass to you upon our delivery to the carrier.
Purchasing
Our gallery and its partners strive to provide accurate descriptions and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions, or mistakes may cause inaccuracies to appear on the Site. The gallery has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, The gallery will void the purchase and attempt to contact you via phone or email to inquire if you would like the Product for the correct price.
You acknowledge that temporary interruptions in the availability of the Site are normal events. Additionally, we may decide to cease making a portion or all of the Site available at any time and for any reason. Under no circumstances will The gallery or its suppliers be held liable for any damages resulting from such interruptions or lack of availability.
Notices
Notices to you may be delivered via email or regular mail. We may also provide notices of changes to the Terms or other matters by displaying notices or links to notices on the Site.
Contact Us
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please email us at our email.
General Information
The Terms constitute the entire agreement between you and gallery and govern your use of the Site, superseding any prior agreements between you and gallery.
You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between gallery and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to gallery or the Site must be commenced within one year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
© Copyright 2024 by Art Maven All rights reserved.
Use of the Site
By using the Site, you agree to comply with the Terms and our Privacy Policy. Unless otherwise specified, you may not copy, reproduce, republish, upload, post, transmit, or distribute any content on the Site without our express written permission. All materials on this Site, including text, images, and HTML, are protected by patent, trademark, and/or copyright laws under Georgia and/or foreign laws. You may not use or distribute any Materials from this Site for any public or commercial purpose including NFT without our express written consent. Additionally, you may not use the Materials for the purpose of training, developing, or enhancing large language models (LLMs), artificial intelligence (AI) models, or any other machine learning models. We grant you a personal, non-exclusive, non-transferable license to access the Site and use the information and services provided on the Site.
Your Account and Access
To use the Site, you must be at least 18 years old and not have been suspended or removed by our gallery for any reason. By registering an account or sending any information in any form on the Site, you agree to provide truthful, accurate, current, and complete information about yourself. We reserve the right to revoke your account, remove or edit content, refuse service, or take any other action at our discretion if you violate these Terms or any applicable laws. Accounts are void where prohibited by law.
Copyright Infringement. Notice and Take Down Procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our copyright agent and provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that has been infringed;
- the location of the infringing material on the Site;
- your contact information;
- a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Rules
We reserve the right to modify, suspend, or terminate any aspect of the Site, including Content, features, and availability, without notice or liability to you or any third party. We may also impose rules and limitations on Site use, or restrict access to part or all of the Site, at any time without notice or penalty. We may change these rules and limitations at our discretion.
Prohibited Uses
Individuals using authorized services of our Online Art Gallery may only use the Site for lawful purposes. You are responsible for the content you upload and the consequences of its posting on the Site. Gallery prohibits the following uses of the Site:
- Posting incomplete, false, inaccurate, or unauthorized information
- Encouraging criminal conduct or violating any laws or regulations
- Posting copyrighted or third-party material without permission
- Revealing trade secrets or infringing on intellectual property, privacy, or publicity rights
- Attempting to interfere with the Site's or The gallery's networks or security
- Using the Site's service to gain unauthorized access to any other computer system
- Using Materials for training LLMs or other AI models
- Using data scraping, crawling, or harvesting tools on the Site
- Abusing special discounts, awards, or incentives offered by gallery . Only one offer is valid per person, maximum two per household, unless otherwise specified.
Buying from the gallery
When purchasing products from our gallery, it is the sole responsibility of the buyer ("Buyer") to conduct proper due diligence on the products uploaded and sold by artists, designers, and galleries ("Sellers") on our website. Our gallery is not liable for determining the value, authenticity, or condition of the products.
We do not make any representations or warranties, whether express or implied, regarding the goods offered for sale. This includes, but is not limited to, the merchantability, fitness for a particular purpose, accuracy of the product description, physical condition, size, quality, rarity, importance, medium, provenance, export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay, the ability of the Seller to collect the purchase price, or any other representation or warranty of any kind or nature.
All copyrights for the products remain in the ownership of the respective artist, unless otherwise agreed upon in writing.
Buyer Warranties
As a Buyer you warrant and agree that in respect of any Product submitted to our gallery:
- You are responsible for verifying the information provided by the Seller;
- Your use of The gallery, the purchase of any Products, and any communication or transaction initiated with all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibition on import of Product from the Seller's jurisdiction into the Buyer's jurisdiction;
- You are responsible for identifying and paying all taxes applicable to the Buyer for the purchase and collection of the Product, including any import of the Product to the Buyer's jurisdiction.
- You accept that in purchasing Products from gallery, our gallery will be entitled to remuneration by way of a commission drawn out of any payment due to the Seller.
Seller Warranties
As a Seller offering Products in our gallery, you confirm and agree that:
- You possess full authority and capability to sell the Product;
- The authenticity, description, identity, condition, nature, and quality of the Product are solely your responsibility;
- The Product is genuine, and all details regarding its description, identity, condition, nature, and quality are correct;
- You own and have complete possession of the Product;
- You are responsible for releasing the Product promptly for delivery to the Buyer, in accordance with the offer terms, once you receive the offer price (including any applicable taxes);
- The Product's title is clear and marketable, and the sale to any Buyer will be free from any and all liens or encumbrances;
- Your use of our gallery, all Products you submit, and all transactions or communications initiated through our gallery comply with all applicable laws, statutes, ordinances, and regulations, as well as all international conventions and Cultural Property Laws, including any export permits, restrictions, or prohibitions from the Seller's jurisdiction to the Buyer's jurisdiction;
- You are responsible for identifying and paying all taxes applicable to the Seller for the sale and delivery of the Product, including any export of the Product from the Seller's jurisdiction;
- You acknowledge that our gallery is entitled to a commission as remuneration, which will be deducted from your payment.
Proprietary Rights
As between you and our gallery (or other company whose marks appear on the Site), our gallery (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by our gallery. If you make use of the Site, other than that as provided herein, in doing so you may violate copyright and other laws, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of our gallery, or other entities.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Disclaimer of Warranties
You acknowledge and agree that:
The site, its content, function, materials, and services are provided on an "as is" basis, without any express or implied warranties, including but not limited to warranties of information accuracy, data processing services, uninterrupted access, usefulness, completeness, or non-infringement, as well as any warranties of title, merchantability, or fitness for a particular purpose. Our gallery does not guarantee that the site, its function, content or services will be secure, timely, uninterrupted or error-free, or that any defects will be corrected. Our gallery also cannot guarantee that the site will meet all of your expectations or requirements. Any advice, results or information, or materials obtained through the site, whether oral or written, do not create any warranty not expressly stated herein. If you are unhappy with the site, your only option is to stop using it.
You are solely responsible for any material downloaded or obtained through the use of the site and any resulting damages.
Our gallery does not endorse, warrant, or guarantee any products or services offered or provided by third parties on or through the site. Our gallery is not directly involved in transactions between users and third parties, and therefore does not monitor them.
Force Majeure
In the event of a failure or delay in providing services as stated in the Purchase, Receipt, or written communication between The gallery and the User, Our gallery shall not be held liable for the duration of such failure or delay if:
- it is beyond our gallery's reasonable control;
- it significantly impacts the performance of our gallery's obligations under this agreement; and
- it could not have been reasonably foreseen or prevented.
- Acts of God;
- Delays in production, delivery, or installation of the Product(s) that are outside of our gallery's reasonable control;
- Damage or loss of Product(s) that are outside of our gallery's reasonable control.
Limitation of Liability
As a Seller or Buyer using our gallery, you agree that gallery is not responsible for and does not provide any express or implied warranties regarding the Product, including but not limited to its merchantability, fitness for a particular purpose, accuracy of the description in any offer, physical condition, size, quality, rarity, importance, medium, provenance, export or import permits, restrictions, or embargoes, shipment or delivery, packing or handling, compliance with purchase terms, or the ability of the Buyer to pay or the Seller to collect the offer price.
In no event shall gallery, its affiliates, or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, galleries, artists, institutions, representatives, or content or service providers be held liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to the use or inability to use the site or the content, materials, and functions related to it. This includes but is not limited to loss of revenue, anticipated profits, business, data, sales, or the cost of substitute services, even if gallery or its representatives have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability, so some of the above limitations may not apply to you. The total liability of gallery to you for all damages, losses, and causes of action arising from the terms or use of the site shall not exceed, in the aggregate, US $100.00.
Furthermore, gallery, its respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on the site shall not be liable for any damages or losses arising from or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of gallery.
By using the site or any content, merchandise, or services available through it, you acknowledge and accept the preceding paragraph.
Consent to Data Processing
By providing any personal information to the Site, all users, including those in the European Union, fully understand and unambiguously consent to the collection and processing of such information. If you have any questions about these Terms, please contact us using the address provided below.
Deleting Your Account
If you wish to delete your account or withdraw consent, you have the right to request that your personal information be erased from our database, and we will do so within 30 days of the request. You may request, verbally or in writing, that your personal information be deleted if it is no longer necessary for the purpose for which it was originally collected or processed.
Risk of Loss
When you purchase Products from our Site, they are shipped by a third-party carrier under a shipment contract. Therefore, the risk of loss and title for such Products may pass to you upon our delivery to the carrier.
Purchasing
Our gallery and its partners strive to provide accurate descriptions and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions, or mistakes may cause inaccuracies to appear on the Site. The gallery has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, The gallery will void the purchase and attempt to contact you via phone or email to inquire if you would like the Product for the correct price.
You acknowledge that temporary interruptions in the availability of the Site are normal events. Additionally, we may decide to cease making a portion or all of the Site available at any time and for any reason. Under no circumstances will The gallery or its suppliers be held liable for any damages resulting from such interruptions or lack of availability.
Notices
Notices to you may be delivered via email or regular mail. We may also provide notices of changes to the Terms or other matters by displaying notices or links to notices on the Site.
Contact Us
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please email us at our email.
General Information
The Terms constitute the entire agreement between you and gallery and govern your use of the Site, superseding any prior agreements between you and gallery.
You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between gallery and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to gallery or the Site must be commenced within one year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
© Copyright 2024 by Art Maven All rights reserved.