TERMS AND CONDITIONS
Please note that Section 15 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Artplex Gallery is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights. As between you and Artplex Gallery, Artplex Gallery owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Artplex Gallery’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Artplex Gallery ; (c) uploading, posting, hosting, or transmitting unsolicited email, spam messages, viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Artplex Gallery’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
4. Site Use. You agree that you are solely responsible for all costs and expenses you may incur in relation to use of the Site and for keeping your password and other account details confidential.
5. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to Artplex Gallery , you grant Artplex Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
6. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Artplex Gallery may use the services of third parties.
7. Gift Cards and Promotions. You acknowledge that Artplex Gallery does not make any warranties with respect to Gift Card balances and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.
8. Accuracy of information and availability of the Site. While we try to make sure that the Site is accurate, up-to-date, and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. Content is provided for your general information purposes only and to inform you about us and our products, news, features, services, and other websites that may be of interest. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times, nor do we promise the uninterrupted use by you of the Site. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control; breakdown of systems or network access; or flood, fire, explosion, or accident. We may suspend or terminate operation of the Site at any time.
9. Third Party Websites and Content. As set forth in Section 4 and Section 5, parties other than Artplex Gallery may provide products, services or content on the Site, including the transactional services of Authorize.Net. Additionally, the Site contains links or references to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Artplex Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Artplex Gallery does not endorse any product, service, or treatment provided on a third-party website or advertised on the Site.
11. Disclaimer. Artplex Gallery, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements, or other items contained within the Site. Artplex Gallery reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Artplex Gallery cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. Artplex Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
12. Liability. Artplex Gallery and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or Artplex Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Artplex Gallery and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Artplex Gallery and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Artplex Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
13. Indemnification. You shall indemnify Artplex Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Artplex Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Artplex Gallery ), or any breach by you of these Terms and shall indemnify and hold Artplex Gallery Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
14. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Artplex Gallery at assistant@ArtplexGallery.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
15. Arbitration. You and Artplex Gallery agree that any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Artplex Gallery are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
16. Changes to these Terms. Artplex Gallery reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Artplex Gallery reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Artplex Gallery with untrue or inaccurate information about yourself, for infringement upon Artplex Gallery proprietary rights, or for any other reason whatsoever or for no reason.
17. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Artplex Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
18. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, Artplex Gallery makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Artplex Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
If you have any questions about the Terms, please email us at email@example.com.
Updated: August 18, 2022