Acceptance of Terms
Description of Service and Eligibility
Where ART Lives Gallery provides an Internet site for members to post and display their artwork on a personal page and/or Where ART Lives international blogs. We provide this for members that are legally of age to enter into contracts or for those under the age of 18, but at least 13 years of age, you may use the Where ART Lives Gallery site with the supervision of a guardian who agrees to be liable for these terms. Where ART Lives Gallery is a juried site and reserves the right to refuse membership to applicants.
Where ART Lives Gallery is not responsible and holds no liability for failure of site servers and disclaims all responsibilities for interruptions that may occur in the use of the Site. Where ART Lives Gallery is not responsible for the policies stated on each artist’s individual personal page or blog posts.
Where ART Lives Gallery will not be liable for any damages whatsoever as well as any special, indirect or incidental damages arising out of related information contained on the site, whether said damages arise in contract, negligence, tort, in equity, at law or otherwise, even if Where ART Lives Gallery has been advised for such damages.
Members agree to indemnify and hold Where ART Lives Gallery, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including but not limited to attorneys’ fees or costs made by any third party due to a member’s use of the site, the violation of this agreement or violation of any law by Where ART Lives Gallery members.
Where ART Lives Gallery reserves the right to alter the site at any time without notice to member. Where ART Lives Gallery shall not be liable to member if the site is discontinued beyond refunding proportionally remaining membership dues. Member acknowledges and accepts that Where ART Lives Gallery does not guarantee continuous uninterrupted access to the Site and operation of the Site if it is adversely affected by factors and circumstances outside of Where ART Lives Gallery's control.
Where ART Lives Gallery is not responsible or liable for the information provide by member on their individual personal pages. While Where ART Lives Gallery does make every effort to ensure the information on the site is accurate, we make no representations or warranties as to the reliability or accuracy of member’s input into their personal page or blog posts.
Where ART Lives Gallery makes no warranty or representation of the products offered by you the member. You acknowledge that any reliance of representation is provided by you as the artist and it is posted by you.
Artist Accounts and Responsibilities
In using this site, you as the member agrees not to post or transmit any materials that are not legally yours to use. There will be no tolerance of unlawful, harmful, threatening, or abusive, vulgar, harassing material, obscene or pornographic indecent works of any kind. All work posted must be your work. All artwork posted by member will be reviewed on occasion by Where ART Lives Gallery to ensure compliance to our rules of courtesy and law. At anytime Where ART Lives Gallery reserves the right to remove intolerant artwork.
As a new member, you agree to provide Where ART Lives Gallery with current addresses, emails and contact information and to update your personal page whenever necessary. You may not use false address or impersonate any other artist.
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 month (but you will continue to have access to the account for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe and apply again after the original expiration date of your subscription.
Refund Policy. We will not refund any fees paid for subscription to Where ART Lives Gallery. At any time Where ART Lives Gallery may elect, in our sole discretion, to terminate your account, you will be refunded a pro rated portion based on the time left of your membership subscription, unless you have violated one of our agreed terms above. Then there would be no refund.
Copyright and Intellectual Property Policy
Where ART Lives Gallery respects the intellectual property rights of member. If member infringes on the copyright or imitates another artist, Where ART Lives reserves to right to terminate the account of that member. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services. Please notify us if you feel your content has been copied in any way that constitutes copyright and/or trademark infringement providing all needed information for Where ART Lives to investigate the notice.
Copyright © Where ART Lives Online Gallery 2009-2020 by DBA Contemporary Fine Art International. All text, graphics, audio, design, software, and other works are the copyrighted works of Where ART Lives Online Gallery and Magazine. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Governing Jurisdiction of the Courts of Colorado: The site is operated and provided in the State of Colorado. As such, we are subject to the laws of the State of Colorado, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Colorado.
Compliance with Laws: Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
By submitting to Where ART Lives Gallery any images of artwork (“Images”) via blogs or through our website, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to Where ART Lives Gallery the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the images on promotional graphics, the Site and on our blogs. To the extent that you do not own all rights in and to the Images or that Where ART Lives' use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Where ART Lives Gallery harmless from any claims or demands, including attorneys’ fees and costs, incurred by Where ART Lives Gallery with respect thereto. All images on the Site are either owned or licensed by Where ART Lives Gallery and may not be reproduced or used in any manner without the express written permission of Where ART Lives and, if appropriate, the relevant artist. As a paying member of Where ART Lives you understand that any images posted on the website or blogs will be promoted and marketed by us on, but not limited to, our blogs, promotional flyers and announcements, website pages, and all social media including Facebook, Instagram, Twitter, Linkedin, and Pinterest. The images will be solely used for marketing purposes and will not be used for monetary profit. It is the responsibility of the artist to post low resolution images and watermark their property to avoid copyright theft from outside parties.
Copyright © 2020 Where ART Lives Online Gallery. All rights reserved.
All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws. Where ART Lives Gallery and the Where ART Lives logo are trademarks owned by Where ART Lives Online Gallery and may not be used without prior written permission of Where ART Lives.
Notification of Claimed Copyright Infringement If you believe that any works on the Site infringe your copyright rights, please provide information to Where ART Lives Gallery as required by Section 512(c) of the U.S. Copyright Act.
Where ART Lives Gallery retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Where ART Lives Gallery reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Where ART Lives Gallery discretion.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Where ART Lives Gallery in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Where ART Lives Gallery Privacy Statement.
PERSONAL INFORMATION WE COLLECT
When you submit a form through the Site, we may collect your name, address, phone number, and website links. This is given on a voluntary basis when you submit your information through the site.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Information that we collect to fulfill any orders placed through the Site (including processing your payment information for membership fees and contests). Additionally, we use this Order Information to:
Communicate with you;
Maintain a membership roster or list of contest entrants
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
SHARING YOUR PERSONAL INFORMATION
We use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information or when you cancel your membership.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com.