Terms and Conditions

 

Welcome to the Website of art tausch (the “gallery,” “us,” and “we”). The following Terms and Conditions (the “Terms and Conditions”) govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms, that you agree to these Terms and Conditions and the art tausch Privacy Policy. Click here to view the Privacy Policy.

We may revise the Terms and Conditions at any time, without notice to you, such changes to be effective immediately upon posting on the Website. If you do not agree to the Terms and Conditions, you are not granted permission to access or use this Website and must exit immediately.

1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, art tausch is not responsible for any errors or omissions in the Site or Site Materials.

2. Proprietary Rights. As between you and art tausch, art tausch owns, solely or exclusively, all rights, title and interest in and to the Website, all data, content, graphics, artwork, images, photographs, code, audio clips, video clips, software and other material on, in or made available through the Website (the “Website Material”), as well as the design, selection, coordination, arrangement, and organization of the Website Material (together with the Website Material, the “Website Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Website Proprietary Contents. 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.

3. Modifications to the Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4. Accuracy of billing and account information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Limited License. You may access and view the content on the Website on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions, use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.

6. Prohibited Uses.  You agree that any commercial or promotional distribution, publication or exploitation of the Website or any Website Proprietary Contents is strictly prohibited unless you have received the express prior written permission of an officer of art tausch. You further agree that you will not (a) use the Website for any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) download, post, display, publish, copy, distribute, transmit, broadcast or create derivative works from, or otherwise exploit any of the Website Proprietary Contents; (c) alter, edit, delete, remove, change the meaning or appearance of any of the Website Proprietary Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyright notices or any other proprietary notices on any Website Proprietary Contents; (d) attempt to gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Website or any goods or services provided through the Website. We reserve the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms and Conditions, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.

7. Trademarks. The names, titles, trademarks, service marks, and logos that appear on the Website, including without limitation “art tausch,” are registered and unregistered marks of art tausch (the “Trademarks”). You may not use the Trademarks without our prior, written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third party trademark owner.

8. User Content. In the event that the Website allows you to contribute any content, information, text, files, graphics, personal listings, messages, postings or other materials and information for access, use, and commentary by other visitors to the Website (“User Content”), you grant the Gallery a worldwide, perpetual, non-terminable, royalty-free, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense any such User Content submitted by you to the Gallery.

9. Third Party Web Sites. The Website may contain links to third­ party web sites or services that are not owned or controlled by art tausch or its affiliates. art tausch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. art tausch does not endorse any product, service, or treatment provided on a third party website or advertised on the Site. We strongly advise you to read the terms and conditions and privacy policies of any third ­party web sites or services that you visit.

10. Privacy Policy. Any personal information that you provide to art tausch on the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

11. Disclaimer. art tausch ,its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Website Proprietary Content or other items contained within the Website. We reserve the right to immediately remove or make changes to any Website Proprietary Contents for any reason or for no reason in our sole discretion. The Website, the Site Material, User Content and materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through the Website, are made available “as is” and “with all faults.”  The Gallery cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion. Use of the Website is entirely at your own risk. The Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Site Material, User Content, the services, products, information and other materials on and in and made available through the Website, 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. The 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 Website, the Site Material, User Content, or the services, products, information and other materials on and in and made available through the Website, regardless of legal theory, whether or not you or the 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 the 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 Website, the Site Material or User Content on, in, and made available through the Website, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Website. 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 the Gallery and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Website, or with any of these Terms, or feel the Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.

13. Indemnification. You shall indemnify, defend and hold the Protected Entities harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of or incurred in connection with your use of the Website or products or services obtained through the Website, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms and Conditions.

14. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Complaint Procedures. If you believe that any content or postings on this Website violates your intellectual property or other rights, please send to the Gallery at info@arttausch.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.”

16. Governing Law and Jurisdiction. These Terms and Conditions (together with the Privacy Policy) represent the entire agreement between you and art tausch 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, United States of America, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the personal and exclusive jurisdiction of the federal and state courts located in the County of New York and State of New York, United States of America; (b) accept service of process by personal delivery, mail, or email; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

17. Miscellaneous. The Website is not intended for children under the age of 13. The Website is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Website or Website Proprietary Contents or other materials available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The waiver or failure of art tausch 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 and Conditions. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof. All rights not expressly granted by art tausch herein are specifically and completely reserved.

Dated: May 9, 2021
Last Updated: September 18, 2021