Terms of service

Terms and Conditions

Please read these terms and conditions carefully before using this web page. By accessing or using this web page, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, you must not use this web page.

Definitions

• "Web page" means the web page located at https://artwebpage.com/ and any subpages, content, features, or services offered on or through that web page.
• "Art" means any original works of art, such as paintings, drawings, sculptures, photographs, or digital art, that are displayed, sold, or licensed on or through the web page.
• "Artist" means the person who created, owns, or has the right to display, sell, or license the art on or through the web page.
• "User" means any person who accesses or uses the web page, whether as a visitor, a buyer, a licensee, or otherwise.
• "Terms and conditions" means these terms and conditions, as may be amended from time to time.

License and Restrictions 

• The web page and its content, including the art, are protected by copyright, trademark, and other intellectual property laws. The web page grants you a limited, non-exclusive, non-transferable, revocable license to access and use the web page and its content for your personal, non-commercial purposes, subject to these terms and conditions.
• You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise use the web page or its content, except as expressly permitted by these terms and conditions or by the artist.
• You may not use the web page or its content for any illegal, fraudulent, or harmful purpose, or in any way that violates the rights of the web page, the artist, or any third party.
• You may not interfere with or disrupt the operation, security, or functionality of the web page or its content, or attempt to gain unauthorized access to the web page or its content.
• You may not use any automated means, such as bots, crawlers, scrapers, or spiders, to access, collect, or monitor the web page or its content, without the prior written consent of the web page.

Purchases and Licenses 

• Some of the art on the web page may be available for purchase or license, subject to the terms and conditions set by the artist. The web page acts as a platform to facilitate the transactions between the artist and the user, but is not a party to any such transactions.
• When you purchase or license any art on or through the web page, you enter into a direct contract with the artist, and you agree to comply with the artist's terms and conditions, as well as these terms and conditions.
• The web page is not responsible for the quality, accuracy, legality, or availability of the art, or for the delivery, performance, or warranty of the art. The web page is not liable for any disputes, claims, damages, or losses arising from or relating to the transactions between the artist and the user.
• The web page may charge a fee or commission for facilitating the transactions between the artist and the user. The web page may also collect and process the payments on behalf of the artist, using a third-party payment service provider. The web page is not liable for any errors, delays, or failures in the payment processing, or for any unauthorized or fraudulent transactions.
• The web page may cancel, suspend, or terminate any transaction, or refuse or revoke any access or license, at its sole discretion, without notice or liability, if it believes that the transaction, the access, or the license violates these terms and conditions, the artist's terms and conditions, or any applicable law.

Disclaimer of Warranties

• The web page and its content, including the art, are provided "as is" and "as available", without any warranties of any kind, express or implied. The web page disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability, security, or reliability.
• The web page does not warrant that the web page or its content, including the art, will meet your requirements, expectations, or needs, or that the web page or its content, including the art, will be uninterrupted, timely, error-free, or virus-free.
• The web page does not endorse, guarantee, or assume any responsibility for the art, the artist, or any third-party content, products, or services that may be linked to or from the web page.
• The web page is not liable for any damages or losses arising from or relating to your use of or inability to use the web page or its content, including the art, whether based on warranty, contract, tort, or any other legal theory, and whether or not the web page is advised of the possibility of such damages or losses.

Limitation of liability 

• To the fullest extent permitted by law, in no event will the web page, its affiliates, its licensors, its service providers, or its agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages or losses, including, but not limited to, damages or losses for loss of profits, revenue, data, goodwill, or use, arising from or relating to these terms and conditions, the web page, or its content, including the art, whether based on warranty, contract, tort, or any other legal theory, and whether or not the web page is advised of the possibility of such damages or losses.
• To the fullest extent permitted by law, the total liability of the web page, its affiliates, its licensors, its service providers, or its agents for any claim or action arising from or relating to these terms and conditions, the web page, or its content, including the art, will not exceed the amount paid by you to the web page for the transaction giving rise to the claim or action, or $100, whichever is less.
• Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you. In such cases, the web page's warranties and liabilities will be limited to the maximum extent permitted by law.

Indemnification

• You agree to indemnify, defend, and hold harmless the web page, its affiliates, its licensors, its service providers, and its agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising from or relating to your breach of these terms and conditions, your use of or access to the web page or its content, including the art, your purchase or license of any art on or through the web page, or your violation of any rights of the web page, the artist, or any third party.
• The web page reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with the web page in asserting any available defenses.

Modification and Termination 

• The web page may modify, amend, or update these terms and conditions at any time, at its sole discretion, without prior notice to you. The modified, amended, or updated terms and conditions will be effective upon posting on the web page. Your continued use of or access to the web page or its content, including the art, after such posting constitutes your acceptance of the modified, amended, or updated terms and conditions.
• The web page may suspend, limit, or terminate your access to or use of the web page or its content, including the art, at any time, at its sole discretion, without prior notice or liability to you, for any reason or no reason, including, but not limited to, your breach of these terms and conditions, your violation of any rights of the web page, the artist, or any third party, or your engagement in any illegal, fraudulent, or harmful activity.
• The web page may discontinue, modify, or remove any or all of the web page or its content, including the art, at any time, at its sole discretion, without prior notice or liability to you.
• The web page may also terminate these terms and conditions at any time, at its sole discretion, without prior notice or liability to you, by providing you with a notice of termination. Upon termination of these terms and conditions, your license and access to the web page and its content, including the art, will cease immediately, and you will destroy or delete any copies of the web page or its content, including the art, in your possession or control.
• The provisions of these terms and conditions that by their nature should survive the termination of these terms and conditions will survive, including, but not limited to, the disclaimer of warranties, the limitation of liability, the indemnification, and the general provisions.

General Provisions

• These terms and conditions constitute the entire agreement between you and the web page regarding your use of and access to the web page and its content, including the art, and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, relating to the same subject matter.
• These terms and conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, for any dispute arising from or relating to these terms and conditions, the web page, or its content, including the art, and you waive any objections to such jurisdiction and venue.
• If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed from these terms and conditions and the remaining provisions will remain in full force and effect.
• The failure or delay of the web page to exercise or enforce any right or remedy under these terms and conditions will not constitute a waiver of such right or remedy or any other right or remedy, and no single or partial exercise of any right or remedy will preclude any other or further exercise of such right or remedy or any other right or remedy.
• You may not assign, transfer, or delegate any of your rights or obligations under these terms and conditions, by operation of law or otherwise, without the prior written consent of the web page. The web page may assign, transfer, or delegate any of its rights or obligations under these terms and conditions, by operation of law or otherwise, without your consent.
• These terms and conditions do not create any partnership, joint venture, employment, or agency relationship between you and the web page, or between you and the artist.
• These terms and conditions are for the benefit of you and the web page, and not for the benefit of any third party, except for the artist, who is an intended third-party beneficiary of these terms and conditions.
• You agree to comply with all applicable laws, regulations, and rules when using or accessing the web page or its content, including the art, and you will not use or access the web page or its content, including the art, for any unlawful or prohibited purpose.
• You agree to communicate with the web page and the artist in a respectful and courteous manner, and to refrain from any abusive, harassing, threatening, or offensive language or behavior.
• You agree to respect the intellectual property rights and moral rights of the web page and the artist, and to not infringe, misappropriate, or violate such rights in any way.
• You agree to provide accurate, complete, and current information to the web page and the artist, and to update such information as necessary.
• You agree to notify the web page and the artist of any errors, defects, or problems with the web page or its content, including the art, as soon as possible.
• You agree to not disclose any confidential or sensitive information of the web page or the artist, or any personal or financial information of any other user, without their prior consent.