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SHOPARTGALLERY TERMS OF SERVICE

 

 

1. Acceptance of Terms

Welcome to the Shopartgallery.com Terms of Use.  Shopartgallery provides its website and related services (“Site”) subject to the following Terms of Use (“Terms”).  Shopartgallery reserves the right to change these terms from time to time without notice to you by posting new Terms of Use on the Shopartgallery website. Please refer to the Terms of Use periodically for any changes. 
BY CONTINUING TO USE THE SHOPARTGALLERY SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF.

2. Eligibility

Shopartgallery will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law.  If you are under the age of 18, but at least 13 years of age, you may use Shopartgallery only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  Shopartgallery is not intended for children under the age of 13.

3. User Account, Password, and Security

By registering with Shopartgallery, the member expressly agrees to these conditions. For registration, the member must confirm the following declarations by ticking the check box “I agree to the Terms of Service” . In so doing, the member acknowledges that he has read and understood the Terms Of Service and accepts them. These Terms of Service apply exclusively to all members who register with the Shopartgallery website. Upon creating a user account, you agree to provide Shopartgallery with a current email address and to update such information immediately upon any changes.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content 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 website and that use of such content does not violate any copyright and generally accepted standards of decency. You will also need to create a password and will receive an account designation upon completing the site's registration process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to immediately notify Shopartgallery of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.  Shopartgallery cannot and will not be liable for any loss or damage arising from your failure to comply with this section 3. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion. 

4. User Conduct

In using this Site, you agree to not:

  • use the website for purposes not permitted by international law; 
  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trademark, logo or other content for any commercial purpose, except as expressly provided; 
  • not to submit, transmit, or otherwise make available in any manner any content that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, that infringes the intellectual property rights of any party or which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. 
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology); 
  • use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website; 
  • engage in any activity that interferes with the website or another user’s ability to use the website; 
  • disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
  • access, tamper with or use non-public areas of the Site.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  • disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
  • frame or link to the Site except as permitted in writing by Shopartgallery.

Any use of the website or website content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. 

In using this site 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 website.  By submitting content to the website , you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

5. Standard And Premium Account

Fee. By subscribing to a Standard or Premium Account, you agree to pay the subscription fee identified at the time you subscribe. Your membership will remain in effect from the date on which you subscribe until the end of the period you have selected.  Your membership will renew automatically at the end of the membership period, unless you cancel it before the end of your current membership period.  Membership “periods” may be either month to month or for one year. We reserve the right at any time to change the subscription fee for the Standard and Premium Accounts. In no event will you be charged any new or different fee unless we obtain your prior agreement to pay such fee.  If you do not consent to such fee, however, you will no longer receive the Standard or Premium Account.

Refund Policy. Except as described below, we will not refund any fees paid for subscription to a Standard or Premium Account. It is your responsability to determine if such account meets your needs before you subscribe.

Cancellation. You may cancel your membership at any time. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to your Standard or Premium Account for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.

Termination of Account. We may elect, in our sole discretion, to terminate the Account Service. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Account Service for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Account Service because you have failed to comply with any of these Terms.

6. Electronic Communications


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.

7. Privacy Policy

Users of this Site should refer to our Privacy Policy for information about how Shopartgallery.com collects and uses personal information.  By accepting this policy you expressly consent to Shopartgallery’s disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

8. Proprietary Rights 

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the shopartgallery.com site, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the site without the authorization of the content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Shopartgallery site including code and software, in violation of applicable copyright and other intellectual property laws. You acknowledge and agree that the Shopartgallery site and any software used in connection with it contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this site or the software we use, in whole or in part.

9. Limitation of Liability

We do not accept responsibility that the website, its servers, or e-mail sent from the website 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 website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights. 

 

 

10. Links

The Site may provide, or third parties may provide, links to other websites or resources.  Because Shopartgallery.com has no control of such sites and resources, you acknowledge and agree that Shopartgallery.com is not responsible for the availability of such 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 Shopartgallery.com  shall 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.

 

11. Public Reputation

You acknowledge and agree that you will not use any of the marketing instruments provided in your Shopartgallery account in a way that would be damaging to Shopartgallery's public reputation or that of its employees, shareholders, licensors, or solution partners.  Additionally, you acknowledge that if you choose to display any information from Shopartgallery.com in a public setting, including on the internet,  in a way which disparages Shopartgallery.com, Shopartgallery’s board members, employees, shareholders or partners Shopartgallery.com reserves the right to demand immediate remove of that display and exclusive obligation of a full payment of eventual damages.

12. Disclaimer Of Warranties

You understand and agree that your use of the site is at your sole risk.  This site and the information, services, products, and materials available through it are provided on an "as is" and "as available" basis.

To the fullest extent permissible pursuant to applicable law,  Shopartgallery expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Shopartgallery does not make any warranty that the site or its content will meet your requirements, or that the site or service will be uninterrupted, timely, secure, or error free, or the quality of any products, services, information, obtained by you through the site will meet your expectations, or that defects, if any, will be corrected.  You agree that Shopartgallery shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein including but not limited to loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Shopartgallery, its licensors, or a user's own errors and/or omissions.

You expressly agree that use of this service, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk.  You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Shopartgallery does not control in any respect any information, products, or services offered by third parties on or through this service.  Except as otherwise agreed in writing, Shopartgallery and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.

You acknowledge that Shopartgallery makes no warranty or representation that confidentiality of information transmitted through this site will be maintained.

No advice or information, whether oral or written, obtained by you from Shopartgallery or through or from the site shall create any warranty not expressly stated in the agreement.

 

13. Severability

If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

15. Arbitration

These Terms shall be governed by and construed in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) then in effect by one arbitrator appointed in accordance with those rules. The arbitration shall take place in Rome, Italy;  the language of the arbitration shall be Italian.  Any resulting arbitration decision shall be final and binding on both parties.  

 

 


 

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