Artgasm Gallery Terms of Service
Last Updated Date: February 1, 2023
1. GENERAL INFORMATION
1.1 Overview
Artgasm Gallery (“Artgasm”, “We”, “Us, or “Our”) provides a service for viewing, selling and purchasing original works of art and digital images of works of art through our Website (“Website”, “Platform”) www.artgasmgallery.com. Our purpose is to display the Artists’ (“Artists”, “Sellers”) Artworks (“Artworks”, “Art”) to users of the site (“Buyers”, “Customers”, “Purchasers”, “Users”, “You”, “Your”).
These terms and conditions (“Terms”) outline the rules and regulations for the use of Artgasm Gallery’s Website. Your use of Artgasm and the Website is conditioned upon your acceptance of these legal terms of use including our privacy policy, and all agreements. These Terms together with the policies expressly referred to within govern how any Artwork owned by a Seller registered with Artgasm may be offered for sale and sold on the Website. Any use of the above terminology or other words in the singular, plural, capitalization, lowercase and/ or he/she or they are taken as interchangeable and therefore as referring to the same.
Artgasmreserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY. THESE TERMS, THE PRIVACY POLICY, AND ANY OTHER POLICIES LINKED TO HEREIN, GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ARTGASM. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
1.2 Cookies and Linking Policy
We employ the use of cookies. By accessing Artgasm, you permit the use of cookies in agreement with Artgasm’s Privacy Policy. Most interactive websites use cookies to let us retrieve the User’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliates may also use cookies.
Artgasm may provide, as a convenience to You, links to websites owned or operated by parties other than Artgasm. You acknowledge and agree that Artgasm is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, security, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Artgasm of such websites or resources or the content, products, or services available from such websites or resources. Each linked website may have its own terms and conditions of use, as described in that website’s legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website’s legal notice/ terms carefully before You use that website. Artgasm does not endorse the content, or any products or services available, on such web sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
1.3 Artgasm Role
Artgasm promotes Artwork for sale to Customers via the Website; however, Artgasm is not obliged to find Customers. Artgasm acts to conclude each sale of an Artwork between the Artist and the Buyer. Each sale is between the Artist and the Customer only. We are not a party to that sale and we are neither the Buyer nor the Seller (or reseller) of the Artwork that is offered for sale. Except as otherwise expressly provided in these Terms, We are not the agent, intermediary or other representative of the Buyer or Seller. We are not a fiduciary or trustee of the Seller.
The Artists, not Artgasm, are responsible for performing the obligations under the terms of any sale with a Customer. The Artist is the seller of record for all sales, but the Customer pays Us via the Website for the relevant sales. The Customer’s obligation to pay for any Artwork under each sale with the Artist is satisfied when that Customer properly pays Us for the Artwork via our Pay Pal account. The Artist must arrange for the shipping of the Artwork after receiving notification of the Customer’s order. Customers may only pay for Artwork they purchase via the Website by making a payment to Us. Artists must not invoice any Customer, or obtain payment, outside the Website, for any agreed upon sale.
1.4 Sales and Refunds
Unfortunately, we cannot accept returns. All sales are final. It is the Customer’s financial responsibility to comply with all laws regarding additional duties and tariffs.
2. ARTIST CONTENT AND ELIGIBILITY
2.1 Artist Requirements
Artists must be over 18 years of age. By accepting these Terms Artists represent and warrant that they are at least 18 years of age. Artists additionally warrant that all information provided to Artgasm, including but not limited to: name, contact information, and country of residence, is accurate, truthful and kept up to date subject to any change.
2.2 Artist Works
Artists warrant that you are the sole creator and sole and exclusive owner of all Artworks, be it Original Works of Art or Digital Works displayed on Artgrasm. Artists additionally warrant that they are responsible for all costs and expenses related to third party rights for any issues regarding the Artworks. You may not submit work that was created by another artist. The placement of Artist listings in search and browse results may be based on factors that include without limitation title, keywords and price. In addition, all Artists warrant that any Artwork made available through Artgasm does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
2.3 Artwork Restrictions
All Artworks represented for sale on Artgasm must be one-of-a-kind Original Artworks or limited edition original artworks with a maximum edition size of 150. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
2.4 Artwork Content
Artists acknowledge and agree that they are solely responsible for all Artwork Content provided to Artgasm. Artgasm reserves the right to not share Artworks that is
- 1.offensive, including material that incites racial hatred or promotes discrimination;
- 2. obscene or pornographic; or
- 3. materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Artgasm reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion. Upon sale of an Artwork, the artwork may be removed from the Website. Artists retain the right to remove a listing for an Artwork from the site. To remove a listing the Artist must contact the Artgasm team.
2.5 Artgasm Artwork Rights
By registering and becoming a Seller and providing Artwork Content you grant Artgasm a worldwide, transferable, non-exclusive, royalty-free, sub-licensable right and license to access, view, use, copy, reformat, resize, crop, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media and technology now known or later developed for the purpose of promoting Artgasm
This right and license is solely for the purpose of enabling Artgasm to use your content for the promotion of the Platform. Artgasm does not claim, and so may not violate, ownership rights in your Artwork Content.
You acknowledge and agree that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.
3. ARTIST OBLIGATIONS
3.1 Artwork Listings
Artists are responsible for ensuring that all listings submitted to the Website represent the Artworks offered for sale to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of the Artwork listings from which any sale is made, Artgasm reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
3.2 Pricing
The price stated for Artwork must be a reasonable reflection of the value of the Artwork offered for sale.
3.3 Fulfilling Orders
Artists are responsible to arrange the packaging and shipment of Artworks for delivery to Customers. It is the Artists’ responsibility to select a courier for shipping and delivery. Artgasm will not be liable for any lost or damaged works.
It is the Artists’ responsibility to comply with all local tax regulations with respect to any sales completed on the Website, and to include any required documentation or invoices within packages shipped.
4. ARTGASM’S OBLIGATIONS
4.1 Notification of Sale
When an order has been placed for an Artwork, the Artist will receive a confirmation notice to the nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. Artists must promptly:
- (a) notify Us via email that the Artwork is ready to be sent to the Customer
- (b) notify Us via email that the Artwork is unable to be sent to the Customer
Upon notification from the Artist, Artgasm will notify the customer. Upon receipt of full payment from the Customer for a specified Artwork, Artgasm will notify the Artist so that the sale can proceed.
4.2 Transfer of Net Sale Proceeds
Artist Net Sale Proceeds will be transferred to the designated Artist Pay Pal Account upon receipt of the Artwork by the Customer. Artgasm is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in Artgasm’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Artgasm’s reasonable satisfaction.
4.3 Transfer of Ownership
The transfer of ownership takes place once the Buyer has paid the full price. In the event of non-payment of the full price, the sale will be automatically cancelled and the Artwork will be put back for sale on the Website.
4.4 Buyer Information and Shipping
For Original Works of Art only, Artgasm will provide the Artist with the name and address of the Purchaser. The Artist will be responsible for shipping the purchased Original Work of Art directly to the Purchaser. The Artist agrees to ship the purchased Original Work of Art to the Purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If the Artist does not ship the purchased Original Work of Art to the Purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
4.5 Order Cancellation
Artgasm reserves the right to cancel any order for an Original Work of Art or Digital Work. Artgasm will send the Buyer an email confirmation of such cancellation and the Buyer will not be charged for the order.
5. BUYER OBLIGATIONS
5.1 Eligibility
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
5.2 Refunds
All Artwork sales are final. The Buyer acknowledges and agrees to these conditions when making a purchase.
5.3 Lost or Damaged Artwork
Artgasm will accept no liability for damage to Artworks in transit from the Artist to the Customer. It is solely the Artist’s responsibility to ensure that Artworks are packaged sufficiently and shipped via a service that is reputable and will minimise the likelihood of damage. If Artists do not secure transit insurance for any Artwork before shipping it, Artists do so solely at their own risk.
Artgasm will accept no liability for Artworks lost in transit on their way to the Customer. If the Artist does not send the Artworks via a traceable method of shipment, the Artist does so at the Artist’s own risk and Artgasm reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.
5.4 Purchasing For Resale
Purchasing artwork content from Artgasm, for the purpose of resale is prohibited. Customers of this site may not purchase artwork (i) as a professional reseller or (ii) in order to set up a retail store or website to sell any Artgasm Artwork.
5.5 Artwork Transfer
As a Buyer, you may purchase Original Works of Art that are listed by the Artists. When you purchase such an Original Work of Art, you are purchasing the work from the specified Artist and not from Artgasm. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices include shipping and handling charges (unless specifically otherwise indicated on the Website). Prices do not include applicable Taxes, Duties and Tariffs which you are responsible. Artgasm will collect your billing and shipping information to process your payment and to provide to the Artist for delivery of the Artwork. The Artist will ship the purchased work directly to the Buyer.
5.6 Delivery Of Artworks
Artworks are delivered at the address indicated by the Buyer. The obligations relating to the delivery of the Artwork, i.e. compliance with the estimated delivery date, the quality of the packaging of the Artwork, as well as compliance with the fit for purpose obligation, are the sole responsibility of the Artist. Artgasm cannot be held liable in any way in the event of the Artist’s failure to comply with these obligations. The Buyer is obliged, upon receipt of the order, to check the condition of the Artwork and to express any concerns, in writing and without delay, at the latest within 48 hours as from the reception, to Artgasm, which will pass them on to the Artist. As Artworks are produced by hand there will might be minor defects or non-conformity with the Artworks. This does not constitute damage or a poor quality Artwork.
5.6 Purchases
Buyers represent that they have a valid Pay Pal account registered in their name to which payments to Artgasm will be made.
6. FEES AND PAYMENT
6.1 Artist Fees
Artist fees for both the Artgasm and The G Spot are indicated on the Website and subject to change at any time without any prior notification.
6.2. Commission of a Sale
The Artist agrees to pay Artgasm the commission on any sale of Artwork or Artworks to any Customer of the Website. We will deduct our Commission from the Gross Sale Proceeds for that Artwork in accordance with the plan for which the Artist has agreed.
6.3 Artist Payment
Artists shall open maintain in their name a Pay Pal account in order to receive payments from Us.
7. TERMINATION AND ACCOUNT CANCELLATION
7.1 Account Cancellation
If you breach any of these Terms, Artgasm will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Artgasm reserves the right to revoke your access to and use of the Services, Artgasm Content and Member Content at any time, with or without cause. You may cancel your Artist Account at any time by notifying us in writing.
8. PROPRIETARY PROVISIONS
8.1 Website Usage
In no event will Artgasm be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.
Throughout the Platform, you may find links to third party websites. Please note that Artgasm is not responsible for the privacy policies or content of third party sites.
8.2 Software Tools
You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
8.3 Intellectual Property
The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Artgasm, its parents, affiliates, subsidiaries, or third party licensors. You may not copy (whether electronic, hard copy or other format), reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, duplicate, distribute, redistribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Artgasm. All rights not expressly granted here are reserved to Artgasm.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Artgasm or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Artgasm or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.
8.4 Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Artgasm used herein are trademarks or registered trademarks of Artgasm or its licensors who exclusively owns all right, title and interest in Artgasm including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Artgasm Content.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
8.5 Copyright Policy
Artgasm respects copyright law and expects its users to do the same. Artgasm has the right to terminate in appropriate circumstances Artists or Buyers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. FURTHER PROVISIONS
9.1 Limitation of Liability
Artgasm is a venue and provides an online gallery only. The Website is provided on an “as is” basis. Artgasm makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.
Artgasm shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform.
In no event shall Artgasm, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk.
Neither Artgasm nor any other party involved in creating, producing, or delivering the Services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artgasm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Artgasm’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed: (i) if you are an Artist who has sold Original Works of Art or Digital Works through Artgasm or (ii) if you are a Buyer who has purchased Original Works of Art or Digital Works form Artgasm.
Without limiting the foregoing, Artgasm’s total and aggregate liability to you shall in no event exceed the total amounts for the sale of an Artwork through the Platform. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Artgasm Website and Services.
9.2 Indemnity
You hereby indemnify Artgasm and keep Artgasm and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Artgasm), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between Artist and Buyer on the Website.
You agree to defend, indemnify, and hold Artgasm, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Artgasm Website or your violation of these Terms.
9.3 Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration or other claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the services, and no class, collective, and/or representative arbitration proceedings will be permitted.
9.4 Jurisdiction
The Services are controlled and operated by Artgasm from the United Kingdom. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
9.5 Content Liability
Artgasm shall not be held responsible for any content that appears on our Website. You agree to protect and defend Us against all claims.
9.6 Termination
At its sole discretion, Artgasm may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.
9.7 General Prohibitions
You agree not to do any of the following:
a) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances. b) Use, display, mirror or frame the Services, or any individual element within the Services, Artgasm’s name, any Artgasm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artgasm’s express written consent; c) Access, tamper with, or use non-public areas of the Services, Artgasm’s computer systems or network, or the technical delivery systems of Artgasm’s providers; d) Attempt to probe, scan or test the vulnerability of any Artgasm system or network or breach any security or authentication measures; e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artgasm or any of Artgasm’s providers or any other third party (including another user) to protect Services, Artgasm Content or Member Content; f) Attempt to access or search Services, Artgasm Content or Member Content or download Artgasm Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Artgasm or other generally available third party web browsers; g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; h) Use any meta tags or other hidden text or metadata utilizing a Artgasm trademark, logo URL or product name without Saatchi Art’s express written consent; i) Use Services, Artgasm Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms; j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Artgasm Content or Member Content to send altered, deceptive or false source-identifying information; k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Artgasm Content or Member Content; l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; n) Impersonate or misrepresent your affiliation with any person or entity; o) Violate any applicable law or regulation; or p) Encourage or enable any other individual to do any of the foregoing.
10. GENERAL PROVISIONS
10.1 Terms of Understanding
These Terms constitute the entire and exclusive understanding and agreement between Artgasm and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artgasm and you regarding the Services.
10.2 Disclaimer
THE SERVICES, ARTGASM CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTGASM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTGASM MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTGASM CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTGASM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTGASM OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTGASM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES ARTGASM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. ARTGASM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
ARTGASM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS ON CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE OR ANY LINKED WEBSITES.
11. ADDITIONAL TERMS AND CONDITIONS
11.1 Application of Terms
Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
11.2 Communications with this Website
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Artgasm will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Artgasm cannot prevent the harvesting of information from this Website, and You may be contacted by Artgasm or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Artgasm, may or may not be posted to this Website at the sole discretion of Artgasm and may be used by Artgasm or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Artgasm is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Artgasm without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.
Although Artgasm may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Artgasm is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Artgasm assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website. Comments and statements reflect the views and opinions of the person who posts their views and opinions. Artgasm shall not be liable for the comments and statements or for any liability, damages or expenses caused and/or suffered as a result of any use and/or posting of and/or appearance of the comments on the Website.
11.3 Modifications to the Services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art, Digital Works, Artgasm Content or Member Content from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
11.4 Colour
You understand and agree that Artgasm uses commercially reasonable efforts to display the colours of Original Works of Art and Digital Works accurately via the Services. However, because individual computer monitors may display colours differently, and various photography devices capture images differently, Artgasm is not responsible for the colour accuracy of any Original Works of Art or Digital Works displayed on the Services, and disclaims all liability in this regard.
11.5 Artist Content
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.6 Monitoring of Services
Artgasm will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artgasm may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artgasm has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Artgasm reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Artgasm Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Artgasm, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
11.7 Changes
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honour, or refuse to honour, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
11.8 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Artgam’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Artgasm may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.9 General
The failure of Artgasm to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective
only if in writing and signed by a duly authorized representative of Artgasm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to
the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of with respect to your relationship with Artgasm. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.
11.10 Contact Information
Artgasm Gallery is based out of the United Kingdom. Our principal activity is the provision of an online art marketplace displaying authentic Artworks for sale. If you have any questions, concerns or complaints, you can email Artgasm at information@artgasmgallery.com or use the Platform’s ‘Contact Us’ page. As soon as we receive any complaint, action will be taken to rectify the problem. If we need a little time to investigate we will let you know.