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Terms of Service

1. ACCEPTANCE OF TERMS

ArtSpotGallery.com provides this service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. The most current version of the TOS can always be found at: http://www.artspotgallery.com/terms-of-service. By using ArtSpotGallery.com you agree, without limitation or qualification, to be bound by, and to comply with, the following Terms of Service.

2. DESCRIPTION OF SERVICE

ArtSpotGallery.com provides an online Website Portal displaying, connecting, selling and buying Art and related services. You understand and agree that you may receive communications from ArtSpotGallery.com, such as service announcements, updates and administrative messages, and that these communications are considered part of the ArtSpotGallery.com membership and you will not be able to opt out of receiving them while enlisted as a member of the ArtSpotGallery.com Website Portal. Unless explicitly stated otherwise, any new features that augment or enhance ArtSpotGallery.com shall be subject to the TOS. You understand and agree that ArtSpotGallery.com is provided "AS-IS" and that ArtSpotGallery.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to ArtSpotGallery.com and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access ArtSpotGallery.com.com. Please be aware that certain areas on ArtSpotGallery.com may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the ArtSpotGallery.com Website Portal, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ArtSpotGallery.com registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ArtSpotGallery.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ArtSpotGallery.com has the option to suspend or terminate your account and refuse any and all current or future use of the ArtSpotGallery.com Website-Portal (or any portion thereof).

4. ArtSpotGallery.com: PRIVACY POLICY

Registration Data and certain other information about you is subject to the ArtSpotGallery.com Privacy Policy. For more information, see full ArtSpotGallery.com privacy policy at http://www.artistconnection.com/privacy-policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the ArtSpotGallery.com registration process. You are responsible for maintaining the confidentiality of that password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ArtSpotGallery.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are fully responsible for canceling your account before, or on the exact date and time, your free trial expires. To avoid being charged the “monthly or annual* membership renewal fee (your choice), you are fully responsible for canceling your account before, or on the exact date and time, your membership expires. You are responsible for knowing when your free trial and membership expires. When canceling your account, you are required to cancel your account as directed in Section 13. ArtSpotGallery.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5. All membership fees are non-refundable.

*If a member pays annually the total annual cost will be $65.00 for 12 months.

5a. MEMBERSHIP DETAILS

  • NOTICE: During initial (BETA) release the Professional Membership will be offered FREE of Charge until further notice. It is requested that members supply positive feedback to ArtSpotGallery.com to improve this Online Artist Community for its membership and the public.
  • The Professional Membership is intended to be a paid for membership. ArtSpotGallery.com will give the FREE (BETA) Professional Member a 30 days notice and the option to continue as a paid member. In the event the member does not choose to continue as a paid Professional Member their membership will be automatically reduced to a Beginner Membership, free of charges.

As a member you agree to accept and abide by all the TOS rules and regulations. Membership dues will be paid by member via monthly authorized billing, annually or other mutually agreed upon terms between the member and ArtSpotGallery.com. The membership fees may be increased without notice. Any member in good standing will not be subject to a membership dues increase or modification of services.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the member from which such Content originated. This means that you, and not ArtSpotGallery.com, are completely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ArtSpotGallery.com does not control the Content posted on the ArtSpotGallery.com Website Portal and, as such, does not guarantee its accuracy, integrity or quality of such Content. You understand that by using ArtSpotGallery.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ArtSpotGallery.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via ArtSpotGallery.com. Subject to complaints it notified and ArtSpotGallery.com finds any material offensive ArtSpotGallery.com reserves the right to remove any postings at their sole discretion.

You agree to not use ArtSpotGallery.com to:

  • upload or post any Content that is not art, such as wedding, vacation, or personal photographs;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a ArtSpotGallery.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity in any manner;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through ArtSpotGallery.com;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • 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;
  • 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;
  • 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;
  • interfere with or disrupt ArtSpotGallery.com or servers or networks connected to ArtSpotGallery.com, or disobey any requirements, procedures, policies or regulations of networks connected to ArtSpotGallery.com;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
  • "stalk" or otherwise harass another.

You acknowledge and accept that ArtSpotGallery.com does not pre-screen Content, but that ArtSpotGallery.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via ArtSpotGallery.com. Without limiting the foregoing, ArtSpotGallery.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ArtSpotGallery.com or submitted to ArtSpotGallery.com.

You acknowledge and agree that ArtSpotGallery.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ArtSpotGallery.com, its users and the public. You understand that the technical processing and transmission of ArtSpotGallery.com including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SELLING ON ARTSPOTGALLERY.COM

If you use ArtSpotGallery.com to sell or advertise any services or products, it is agreed that you ("Seller") must be of legal age, 18or older. ArtSpotGallery.com is not party to any outside sales transactions; all transactions are the responsibility of the Seller and Buyer respectively. For security, it is suggested that a qualified independent sales source such as PayPal or Authorize.net is used as the method of payment for all outside sales. Sellers acknowledge and agree that they will promptly issue refunds when appropriate. If a transaction is reversed or charged back for any reason, ArtSpotGallery.com is not to be involved and hold no responsibility in any sales transactions or charges. All transactions are the responsibility of the Seller and Buyer respectively.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, 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 ARTSPOTGALLERY.COM

ArtSpotGallery.com does not claim ownership of Content you submit or make available for inclusion. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of ArtSpotGallery.com, you grant ArtSpotGallery.com the following world-wide, royalty free and non-exclusive license(s), as applicable:

  • With respect to Content you submit or make available for inclusion on publicly accessible areas of ArtSpotGallery.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on ArtSpotGallery.com This license exists only for as long as you elect to continue to include such Content on ArtSpotGallery.com and will terminate at the time you remove or ArtSpotGallery.com removes such Content.
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of ArtSpotGallery.com, the perpetual, irrevocable and fully sub licenseable 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.

"Publicly accessible" areas of ArtSpotGallery.com are those areas that are intended to be available to the general public.

10. INDEMNITY

You agree to indemnify and hold ArtSpotGallery.com 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 any Content submitted, posted, transmited or make available through ArtSpotGallery.com the use of said terminal as well as your connection or your violation of the TOS, or any violation of any rights of another.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ArtSpotGallery.com may establish general practices and limits concerning use of said service, including without limitation the maximum number of days that uploaded Content will be retained by ArtSpotGallery.com the maximum disk space that will be allotted to you on the ArtSpotGallery.com servers on your behalf. , You agree that ArtSpotGallery.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by ArtSpotGallery.com You acknowledge that ArtSpotGallery.com reserves the right to log off accounts that are in default or inactive for an extended period of time. You further acknowledge that ArtSpotGallery.com 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

ArtSpotGallery.com reserves the right at any time to modify or discontinue, temporarily or permanently, service, content, access (or any part thereof) with or without notice. You agree that ArtSpotGallery.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of said Website Portal. Any member in good standing membership dues will not be modified or services changed.

13. TERMINATION AND CANCELLATION

You agree that ArtSpotGallery.com in its sole discretion, may terminate your password, account (or any part thereof) or use of said Website Portal, and remove and discard any Content within ArtSpotGallery.com or any reason, including, without limitation, for lack of use or if ArtSpotGallery.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ArtSpotGallery.com may also in its sole discretion and at any time discontinue providing said Website Portal, or any part thereof, with or without notice. You agree that any termination of your access to ArtSpotGallery.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ArtSpotGallery.com may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or ArtSpotGallery.com. Further, you agree that ArtSpotGallery.com shall not be liable to you or any third-party for any termination of your access to ArtSpotGallery.com. No refunds will be issued by ArtSpotGallery.com without prior written agreement. To cancel your account, you are required to use the "Cancel" page (http://www. ArtSpotGallery.com/cancel.html ). Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through ArtSpotGallery.com including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that ArtSpotGallery.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on ArtSpotGallery.com.

15. LINKS

ArtSpotGallery.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ArtSpotGallery.com has no control over such sites and resources, you acknowledge and agree that ArtSpotGallery.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ArtSpotGallery.com hall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. PROPRIETARY RIGHTS OF ARTSPOTGALLERY.COM

You acknowledge and agree that ArtSpotGallery.com and any necessary software used in connection with said Website Portal ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through ArtSpotGallery.com is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ArtSpotGallery.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on ArtSpotGallery.com or the Software, in whole or in part.

ArtSpotGallery.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do 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, sub-license, grant a security interest in or otherwise transfer any right in the Software. 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 ArtSpotGallery.com You agree not to access said Website Portal by any means other than through the interface that is provided by ArtSpotGallery.com for use in accessing said Website Portal.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF ARTSPOTGALLERY.COM IS AT YOUR SOLE RISK. ACCESS TO SAID WEBSITE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTSPOTGALLERY.COM 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.
  • ARTSPOTGALLERY.COM MAKES NO WARRANTY THAT (i) ARTSPOTGALLERY.COM WILL MEET YOUR REQUIREMENTS, (ii) ARTSPOTGALLERY.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ARTSPOTGALLERY.COM ILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ARTSPOTGALLERY.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SAID WEBSITE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM ARTSPOTGALLERY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTSPOTGALLERY.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARTSPOTGALLERY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ARTSPOTGALLERY.COM (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 ARTSPOTGALLERY.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ARTSPOTGALLERY.COM; OR (v) ANY OTHER MATTER RELATING TO ARTSPOTGALLERY.COM.

19. EXCLUSIONS AND LIMITATIONS

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

Notices to you may be made via either email or regular mail may or may not provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on ArtSpotGallery.com.com.

21. TRADEMARK INFORMATION

ArtSpotGallery.com is a registered trademark of The Trust Marketing Group, Inc Without prior written permission from ArtSpotGallery.com, you agree not to display or use in any manner, the ArtSpotGallery.com trademark.

22. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the Seller to resolve the issue. You can send a message to the Seller by using their Contact page. If you are unable to resolve the issue with the Seller, please provide ArtSpotGallery.com with the following information:

  • copy of your complete correspondence with the Seller;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • 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 ArtSpotGallery.com as follows:

Email: supp...@artspotgallery.com
Phone: 561-444-7999
Mail:

23. GENERAL INFORMATION

The TOS constitute the entire agreement between you and ArtSpotGallery.com and govern your use of ArtSpotGallery.com, superseding any prior agreements between you and ArtSpotGallery.com You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and ArtSpotGallery.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and ArtSpotGallery.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach Florida. The failure of ArtSpotGallery.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ArtSpotGallery.com or the TOS must be filed within six months (180 days) after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS

Please report any violations of the TOS to supp...@artspotgallery.com