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Terms of use

Effective date: May 22, 2017

These Terms of use govern use of joseartgallery.com (“Website”) during its normal operation by anyone who visits the Website (“you”). These Terms of use include Jose Art Gallery’s Privacy policy and Terms for artists, incorporated herein by this reference.

Website is owned and operated by Pirma europietiška konsultacijų grupė UAB (“Jose Art Gallery”, “JAG” or “we” and derivative “our”, “us”, etc.), a Lithuanian company registered at Eišiškių Sodų 5-oji street, 19, LT-02194, Vilnius, Lithuania. Jose Art Gallery may from time to time designate its partners, whether affiliated or not, to run functionality of the Website fully or partly.

Your use of the Website is conditioned by acceptance of these Terms of use. Once you access the Website, you warrant that you have reached the age of eighteen and express your consent to be legally bound and responsible under these Terms of use. Please leave the Website immediately and don’t make any actions on the Website if you disagree with any of the following rules. You can contact our support by email support@joseartgallery.com should you need any additional clarifications.

1. Intellectual property rights

Website and its content are protected by Lithuanian and international intellectual property laws and treaties. Jose Art Gallery owns and reserves all the intellectual property rights in and to the Website, services, systems, Jose Art Gallery trademarks and other Jose Art Gallery’s content available on Website.

Website also involves content owned by third parties including, without limitation, those provided under the following respective agreements:

  1. by visitors and editors – under these Terms of use or separate agreements;
  2. by artists and intermediaries – under Terms for artists or separate agreements;
  3. by other third parties – under separate agreements, including public copyright licenses.

Intellectual property rights to the abovementioned content shall remain owned by its respective owners. They may remove their content from the Website, or select any limitations and requirements for use of their content at any time.

Unless expressly authorized by Jose Art Gallery, you cannot use, copy, store and/or distribute any content offered at the Website. It is prohibited to change and modify Website or its content. You have no right to create derivative works based on any content available at the Website.

2. General requirements

Your use of the Website is conditioned by compliance with the following requirements:

  1. Your login and password shall be unique, available only to you and treated as confidential information. You bear sole responsibility for any actions made on the Website using your login and password.
  2. Information you provide to Jose Art Gallery shall be true, timely and accurate.
  3. Your activities on the Website shall not:
    1. embarrass or humiliate any persons;
    2. violate or conflict with any legal requirements;
    3. be considered by Jose Art Gallery as offensive or unflattering;
    4. interfere normal operation of the Website by using any harmful software, programs, codes or other means;
    5. contain any unauthorized advertising, advertising materials, e-mails, unsolicited mails, spam.
  4. You shall not use the Website in any way, other than directly authorized by Jose Art Gallery.

Jose Art Gallery reserves a right to disable accounts and restrict your access to the Website fully or partly for any reason and without prior notices.

You shall not misuse Jose Art Gallery's services and content, provided to you by Jose Art Gallery. In particular, you are prohibited to:

  1. Collect or store any personal information from other users of Website or services without their special consent;
  2. Distort your information or information about your relation to any natural or legal person;
  3. Violate any applicable laws or rules;
  4. Use or otherwise display any separate element inside the Website, name of Jose Art Gallery, any trademark or other corporate information owned by JAG or composition or design of any page or form, contained on the page without JAG’s previous written consent;
  5. Copy, modify, publish, transfer, sublicense or resale services or content;
  6. Activate or allow other users to use services or content with your account data;
  7. Use content or services to create any databases;
  8. Access or try to access services by any means, other than interface, provided by Jose Art Gallery;
  9. Avoid any limitations for access and use, designed to prevent unauthorized use of services;
  10. Transfer the content or make any action that infringe intellectual property rights of other persons;
  11. Download and distribute any illegal, harmful, threatening, insulting, abusive, defamatory, libelous, vulgar, depraved, blasphemous content or content that infringes privacy rights of third parties or inciting hatred towards others;
  12. Attempt to turn off, damage or destroy services or equipment;
  13. Disrupt, interfere or impede any other user to use services;
  14. Use any means to extract information or similar devices for collections and means of extraction to services;
  15. Appreciate or allow others to make any of the abovementioned actions.

3. Payment conditions

3а. General terms

By “purchase of artworks” we mean transfer of original or printed tangible medium, depicting or otherwise incorporating intellectual property of artist as represented in respective listing on the Website. Artists own and reserve both moral and economical intellectual property rights to their artworks. Neither intellectual property rights, nor exclusive and non-exclusive licenses are transferred to you as a result of purchase of any artwork on the Website. Please contact our support by email support@joseartgallery.com, should you need any further clarification.

3b. Purchase and delivery

Purchase of artworks on the Website is possible for registered users only. To complete registration procedure, you will be asked to provide certain personal information according to Privacy policy available at https://joseartgallery.com/privacy-policy/.

You will receive transactional messages confirming creation of your account, selection of items, etc. Once your order will be completed, you will be directed to a payment page enabling you to transfer the necessary funds.

Any purchase may be at any time cancelled by Jose Art Gallery with or without a reason. In this unlikely event, Jose Art Gallery will return you all payments credited to Jose Art Gallery’s account for undelivered artworks.

Once the payment will be credited to Jose Art Gallery’s account, we will either initiate a shipment or instruct a respective artist and/or intermediary to initiate shipment. This shipment will be made through third-party delivery companies according to their policies and regulations. Jose Art Gallery will be required to disclose your contact information, address and other personal information to the respective artists, intermediaries and/or third-party delivery companies to ensure a proper shipment. Jose Art Gallery is not responsible for the shipment made by these companies and cannot impact their terms of delivery.

3с. Security period

Payments for artworks are always made with a non-extendable security period of 7 calendar days (“Security period”). Upon the receipt of your purchase, you will be granted with this Security period to verify the proper quality and fitness of artwork.

You will be required to provide your feedback about purchase during the Security period. Payment for the artwork less Jose Art Gallery’s agent fee will be transferred to the respective artist or intermediary once you confirm quality and fitness of your purchase. Jose Art Gallery will return your payment to you if during the Security period you would like to turn back the artwork in its original condition. Jose Art Gallery may not return your payment back if the artwork will be damaged or otherwise lose its original condition.

Payment less JAG’s agent fee will be transferred to the respective artist or intermediary if Jose Art Gallery will not receive your feedback about the purchase during the Security period. Jose Art Gallery will not consider any claims regarding the purchased artwork upon expiration of Security period.

3d. Fees and taxes

Prices on the Website are listed without any applicable delivery fees, charges, taxes (including VAT, GST or others) and duties, all of which may be additionally charged during the payment procedure. You will be advised of the applicable fees, charges, taxes and duties in advance before you will make a payment.

If you decide to return your purchase during the Security period, banking fees and delivery costs will be covered by Jose Art Gallery in case of poor quality of artwork, or by you if you will not be satisfied by the artwork for any other reason.

4. Publication of articles

Jose Art Gallery appreciates artists, galleries, curators and editors (bloggers) to create and publish various articles and other materials on the Website. We also provide you with a set of convenient instruments to design your publications in the most attractive way. You are not required to transfer any intellectual property rights to your materials while publishing it on the Website.

By publishing on the Website, you:

  1. Grant Jose Art Gallery a limited, non-exclusive, perpetual, worldwide, transferrable royalty-free license and right to reproduce and otherwise use, reuse, change, edit, display and print your publication in any language, form and medium wholly or partly for any commercial purposes as may be from time to time determined by Jose Art Gallery.
  2. Grant all visitors of the Website a limited right to view your publications.
  3. Warrant and guarantee that:
    1. you own or have duly acquired all the necessary rights in and to the publications (including, without limitation, intellectual property rights) and have a full right to publish them as specified herein;
    2. publication will not violate or infringe any legal requirements, including without limitation:
      1. copyright, trademark or other intellectual property or proprietary right of any person;
      2. right of privacy or publicity, any obligation of confidentiality or create any other liability in tort;
    3. you are not a party to and the publication is not subject to any contract or arrangement that would conflict with these Terms of use.

5. DISCLAIMER

WEBSITE, CONTENT AND SERVICES ARE PROVIDED «AS IS», WITHOUT REPRESENTATION, WARRANTY AND GUARANTEE OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WEBSITE AND ITS CONTENT SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF JOSE ART GALLERY. YOU ALWAYS USE THE WEBSITE, CONTENT AND SERVICES AT YOUR OWN RISK.

JOSE ART GALLERY FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, CURRENTNESS, USEFULNESS, SUITABILITY, QUALITY AND SAFETY. JOSE ART GALLERY DOES NOT PROMISE, WARRANT OR GUARANTEE YOU THAT:

  1. ANY PREVIEWS WILL CORRECTLY REFLECT ACTUAL CHARACTERISTICS OF REPRESENTED ARTWORKS;
  2. ANY IMAGES, DESCRIPTIONS, TAGS, HASHTAGS OR KEYWORDS WILL BE TRUE, ACCURATE OR NON-INFRINGING;
  3. ANY RESULT OF THE CONTEXT IN WHICH YOU WILL USE THE ARTWORKS WILL BE ACCEPTABLE AND MEET YOUR EXPECTATIONS;
  4. ANY ERRORS OR DEFECTS OF WEBSITE, CONTENT AND SERVICES WILL BE CORRECTED BY JOSE ART GALLERY;
  5. ANY CONTENT WILL BE STORED OR MADE AVAILABLE THROUGH THE WEBSITE;
  6. ANY DOCUMENTS REGARDING WEBSITE, CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME;
  7. JOSE ART GALLERY WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF WEBSITE AND CONTENT.

6. INDEMNIFICATION AND LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JOSE ART GALLERY TOGETHER WITH ITS AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, INVESTIGATIONS OR PROCEEDINGS AND ANY LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEYS’ FEES), JUDGMENTS, ASSESSMENTS, FINES, PENALTIES AND OTHER LIABILITIES INCURRED BY ANY INDEMNIFIED PARTY AS A RESULT OF, OR IN CONNECTION WITH, ANY BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS OF USE, ANY ACTIONS MADE ON THE WEBSITE USING YOUR LOGIN AND PASSWORD AND ANY PURPOSEFUL OR CASUAL USAGE OF ARTWORKS PURCHASED THROUGH THE WEBSITE. IN THESE CASES, YOU GRANT JOSE ART GALLERY WITH THE RIGHT TO ASSUME CONTROL AND DEFENSE OF ANY MATTER AT YOUR EXPENSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL JOSE ART GALLERY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH LOST BUSINESS, ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL OR OTHER BENEFITS, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, EVEN IF JOSE ART GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTION WITH PAYMENT OBLIGATIONS IN THESE TERMS OF USE, JOSE ART GALLERY’S TOTAL MAXIMUM OBLIGATION, LIABILITY AND INDEMNIFICATION FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE LIMITED TO ONE THOUSAND U.S. DOLLARS ($1,000 USD).

7. Term and termination

These Terms of use shall enter into effective upon your acceptance and remain valid and enforceable until its termination. Both you and Jose Art Gallery are free to terminate these terms at any time with or without a reason by previous written notice.

In case of termination, any payments due to Jose Art Gallery shall be immediately due and payable on the termination date and all the outstanding obligations of Jose Art Gallery shall be deemed as unconditionally fulfilled.

Jose Art Gallery reserves a right to suspend, terminate or restrict your access to the Website for any reason and without prior notices.

8. Resolution of disputes and applicable law

These Terms of use shall be deemed to have been executed in, and shall be exclusively governed by and interpreted in accordance with the laws of the Lithuania. Jurisdiction and venue for any claim or cause of action whether in law or equity, arising under or relating to these Terms of use shall by exclusively the courts located in Vilnius, Lithuania, and both Parties herby consent to such jurisdiction and venue for this purpose. United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms of use.

Any claims and actions against Jose Art Gallery shall be conditioned by negotiation between Parties during at least 30 calendar days before filing a claim or action.

9. Feedback

You are appreciated to leave any requests and suggestions at info@joseartgallery.com. Please be informed that your requests and suggestions become sole property of Jose Art Gallery and you irrevocably assign all the intellectual property and proprietary rights in your requests and suggestions to Jose Art Gallery.

10. General provisions

Website is not indented to be used by minors and underage persons (younger than 18 years). Jose Art Gallery does not knowingly interact with or grant access to the Website to minors and underage persons. Please contact Jose Art Gallery by support@joseartgallery.com should you have any concerns about use of Website by minors and underage persons.

You may not assign, transfer or otherwise dispose these Terms of use wholly or in partly to any third party without Jose Art Gallery’s prior written consent.

Jose Art Gallery’s failure to enforce any provision hereof at any time shall not be construed to be a waiver of such provision or of the right thereafter to enforce each and every provision.

If any provision, term, condition or other portion of these Terms of use shall be held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining portion of these Terms of use will remain in full force and effect.

Jose Art Gallery reserves a right to change any of these Terms of use at any time upon our sole discretion. Although Jose Art Gallery will notify you once any changes will become effective, you are advised to revise these Terms of use from time to time.

These Terms of use are written in English. Any translation hereof or any versions in a language other than English may be used be for convenience only. In the event of any discrepancy between this English version and any other version, the English version shall supersede.

11. Contacting JAG

Please contact us by info@joseartgallery.com should you have any questions or concerns regarding these Terms of use.