Welcome to the TheArtGallerist.com (the “Company”) website (the “Site"). The products and services presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully and note that they are subject to change without notice.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
USE OF MESSAGING SERVICES
If you post content to the Site or transmit content through the Site, you agree to comply with the terms and restrictions of our Content Policy. You agree not to attempt to obtain, share or solicit the personal contact information of any party using the Site’s messaging services for any reason. You also agree not to use the Site to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. We reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site. By submitting content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. The arrangement and compilation of all content on the Site are the exclusive property of the Company and are protected by United States and international copyright laws. All artwork is owned solely by the individual artists represented here and are subject to United States and international copyright laws. All software used on the Site is the property of the Company or its software suppliers and is protected by United States and international copyright laws.
Certain marks used on the Site are trademarks or service marks of the Company. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of the Company. Our trademarks (including but not limited to “TheArtGallerist.com” and our tag line, “dedicated to the promotion of talented artists and their work” trademarks) and trade dress may not be used for any commercial or other purposes by you without our prior written consent. All other trademarks and service marks not owned by the Company or our affiliated companies that appear on the Site are the property of their respective owners, and may not be used without their prior written consent.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. We do not reproduce or manufacture the products offered on the Site, but rather we represent third party suppliers that claim to have sufficient rights to allow us to display and sell the products on the Site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the Site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, please notify us immediately at the following e-mail address:
Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed.
LICENSE AND SITE ACCESS
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
REVIEWS, COMMENTS AND QUESTIONS
Visitors may send reviews, comments and other communications, and submit suggestions, ideas, or questions, to leanna@TheArtGallerist.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
RISK OF LOSS
All products purchased from us are made pursuant to a shipping contract with a designated carrier. This means that the risk of loss and title for such products remain with you upon your delivery to the carrier subject to the terms and conditions of the shipping company.
Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Site. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
ACCURACY OF INFORMATION
We attempt to describe the products offered on the Site as accurately as possible. We do not warrant that product descriptions or other information regarding the artwork for sale on the Site that has been provided by individual sellers is accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused and undamaged condition for a refund or credit.
The Site provides a venue for artists to sell original works of art to users of the Site. To the extent you offer to purchase any original work of art from one of our member artists, you hereby acknowledge and understand that you (together with the selling artist) are responsible for (i) all applicable taxes and other costs; (ii) resolution of any dispute; and (iii) complying with any applicable laws, restrictions, regulations that may pertain to the transaction. We provide this venue for your convenience only, and we assume no responsibility for and make no warranty or representation regarding any sale of original art.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THE PARAGRAPH IS RETURN FOR REFUND OR, IF AVAILABLE, A CONFORMING REPLACEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MODIFICATION AND SEVERABILITY
SUBJECT TO CHANGE WITHOUT NOTICE