Envisua Gallery of Fine Art - Shop for Art, Sell Art, Experience Envisua

Note: You do not have JavaScript enabled.

a | b | c | d | e | f | g | h | i | j | k | l | m | n | o | p | q | r | s | t | u | v | w | x | y | z

Terms and Conditions

July 25th, 2008

Welcome to Envisua Gallery of Fine Art(TM)

www.envisua.com

Envisua Gallery of Fine Art is a service and trademark of Envisua Gallery of Fine Art LLC (EGFA).

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

1.1 We are pleased to provide you with Envisua Gallery of Fine Art (the Service) under the Terms of Use, any amendments to the Terms of Use, and operating rules and policies (collectively, the Terms of Use). We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Use at any time.

1.2 The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the art and investment community. EGFA assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material on envisua.com and it does not endorse any opinions or recommendations posted by members including art-related investment advice or recommendations on the purchase or sale of any type of artwork. You should exercise discretion and skepticism before relying on information in submissions, since it may be incorrect or misleading. Users may pretend to be people that they're not. Some may have bad intentions or may have bad information -- so beware! You should make an independent investigation before making any major financial decisions, and if you rely on information posted by other users you do so solely at your own risk. EGFA does not review, screen or edit messages posted by users.

1.3 By using Envisua Gallery of Fine Art, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use.

2. DESCRIPTION OF SERVICE

Envisua Gallery of Fine Art provides an online art display, selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Envisua Gallery of Fine Art, such as service announcements and administrative messages, and that these communications are considered part of Envisua Gallery of Fine Art membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Envisua Gallery of Fine Art shall be subject to the Terms of Use. You understand and agree that Envisua Gallery of Fine Art is provided "AS-IS" and that Envisua Gallery of Fine Art assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Envisua Gallery of Fine Art and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Envisua Gallery of Fine Art. Please be aware that certain areas on Envisua Gallery of Fine Art contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of Envisua Gallery of Fine Art, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Envisua Gallery of Fine Art registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Envisua Gallery of Fine Art has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Envisua Gallery of Fine Art has the right to suspend or terminate your account and refuse any and all current or future use of Envisua Gallery of Fine Art (or any portion thereof).

4. ENVISUA GALLERY OF FINE ART PRIVACY POLICY

Registration Data and certain other information about you is subject to the Envisua Gallery of Fine Art Privacy Policy. For more information, see full Envisua Gallery of Fine Art privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

5.1 You will select or receive a password upon completing the Envisua Gallery of Fine Art 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 (a) immediately notify Envisua Gallery of Fine Art of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. If you believe someone has used your password or account without your authorization, you must notify EGFA immediately at admin@envisua.com.

5.2 As part of the registration process, you will select a password and user name. Choose wisely. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

5.3 Members may maintain only one active account with Envisua Gallery of Fine Art. By accepting the Terms of Use, you warrant that you have no other accounts with Envisua Gallery of Fine Art. If you forget your user name or password, use the on-line form to have them sent to your e-mail address.

6. MEMBER CONDUCT

6.1 EGFA reserves the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in our sole discretion. It is members' responsibility to bring violations of the Terms of Use to EGFA's attention, although we do not guarantee any action based on such information. The following actions, among others, may result in removal of messages and/or termination of your membership. * Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable. * Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others. * Providing false information on your registration form, or impersonating someone else. * Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail. * Posting improper or off-topic information. * Interfering with or disrupting Envisua Gallery of Fine Art or servers or networks connected to Envisua Gallery of Fine Art. * Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law. * Violating the letter or spirit of the Terms of Use.

6.2 Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.

6.3 You agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. You agree to waive and hold EGFA harmless from any claims relating to any action taken by EGFA as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts and art submissions from the EGFA site or the suspension or termination of your account.

6.4 EGFA reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

7. PROPRIETARY RIGHTS TO CONTENT

The content available through the Service is the property of Envisua Gallery of Fine Art LLC, its licensors, or its members and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, repost, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without our express prior written consent.

8. DISCLAIMER OF WARRANTIES AND LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF ENVISUA GALLERY OF FINE ART IS AT YOUR SOLE RISK. ENVISUA GALLERY OF FINE ART IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EGFA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. EGFA MAKES NO WARRANTY THAT (i) ENVISUA GALLERY OF FINE ART WILL MEET YOUR REQUIREMENTS, (ii) ENVISUA GALLERY OF FINE ART WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ENVISUA GALLERY OF FINE ART WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ENVISUA GALLERY OF FINE ART WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ENVISUA GALLERY OF FINE ART IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM ENVISUA GALLERY OF FINE ART SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EGFA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EGFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE ENVISUA GALLERY OF FINE ART; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ENVISUA GALLERY OF FINE ART; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ENVISUA GALLERY OF FINE ART; OR (e) ANY OTHER MATTER RELATING TO ENVISUA GALLERY OF FINE ART or EGFA.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 5 MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify and hold EGFA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through EGFA, your use of EGFA, your connection to EGFA, your violation of the Terms of Use, or your violation of any rights of another.

12. TERMINATION AND CANCELLATION

12.1 You agree that EGFA, in its sole discretion, may terminate your password, account (or any part thereof) or use of EGFA, and remove and discard any Content within EGFA, for any reason, including, without limitation, for lack of use or if EGFA believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. EGFA may also in its sole discretion and at any time discontinue providing EGFA, or any part thereof, with or without notice. In particular, and without prejudice to the foregoing, if art is uploaded by an artist seeking to sell art in their own right and/or on behalf of an artist other than on the terms of a professional relationship of gallery or dealer and artist, such art shall be liable to be removed without further notice and without rEGFAbursement of any credits used by any person so uploading art. You agree that any termination of your access to EGFA under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that EGFA may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or EGFA. Further, you agree that EGFA shall not be liable to you or any third-party for any termination of your access to EGFA.

12.2 Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) notify EGFA by email to admin@envisua.com). Any other form of cancellation request may or may not be accepted or processed. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.

13. LAWS

13.1 The Terms of Use are governed by and construed in accordance with the laws of the State of Montana and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the state of Montana for any for any cause or action arising out of or relating to the Service or these Terms of Use.

13.2 You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

15. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ENVISUA GALLERY OF FINE ART

EGFA does not claim ownership of Content you submit or make available for inclusion on Envisua Gallery of Fine Art. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Envisua Gallery of Fine Art, you grant EGFA the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Envisua Gallery of Fine Art, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Envisua Gallery of Fine Art. This license exists only for as long as you elect to continue to include such Content on Envisua Gallery of Fine Art and will terminate at the time you remove or EGFA removes such Content from Envisua Gallery of Fine Art.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Envisua Gallery of Fine Art, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of Envisua Gallery of Fine Art are those areas that are intended by EGFA to be available to the general public.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EGFA may establish general practices and limits concerning use of Envisua Gallery of Fine Art, including without limitation the maximum number of days that uploaded Content will be retained by Envisua Gallery of Fine Art, the maximum disk space that will be allotted on the Envisua Gallery of Fine Art servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Envisua Gallery of Fine Art in a given period of time. You agree that EGFA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by EGFA. You acknowledge that EGFA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EGFA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

17. MODIFICATIONS TO SERVICE

EGFA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Envisua Gallery of Fine Art (or any part thereof) with or without notice. You agree that EGFA shall not be liable to you or to any third party for any modification, suspension or discontinuance of Envisua Gallery of Fine Art.

18. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Envisua Gallery of Fine Art, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EGFA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Envisua Gallery of Fine Art.

19. LINKS

Envisua Gallery of Fine Art may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EGFA has no control over such sites and resources, you acknowledge and agree that EGFA is not responsible for the availability of such external 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 EGFA 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.

20. PROPRIETARY RIGHTS OF EGFA

You acknowledge and agree that EGFA and any necessary software used in connection with Envisua Gallery of Fine Art ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Envisua Gallery of Fine Art or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EGFA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Envisua Gallery of Fine Art or the Software, in whole or in part.

EGFA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Envisua Gallery of Fine Art. You agree not to access Envisua Gallery of Fine Art by any means other than through the interface that is provided by Envisua Gallery of Fine Art for use in accessing Envisua Gallery of Fine Art.

21. NOTICE

Notices to you may be made via either email or regular mail. EGFA may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on Envisua Gallery of Fine Art.

22. TRADEMARK INFORMATION

Envisua Gallery of Fine Art is a registered trademark of EGFA. Without prior permission from EGFA you agree not to display or use in any manner, the Envisua Gallery of Fine Art.

23. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EGFA with the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
b. a description of the copyrighted work or other intellectual property that you claim has been infringed
c. a description of where the material that you claim is infringing is located on the site
d. your address, telephone number, and email address
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

Notice of copyright or other intellectual property infringement can be sent to EGFA as follows:

Email: admin@envisua.com

Mail:
Envisua Gallery of Fine Art LLC
1221 S. Rouse Ave.
Bozeman, MT 59715
U.S.A.

24. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and EGFA and govern your use of Envisua Gallery of Fine Art, superceding any prior agreements between you and EGFA. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The Terms of Use and the relationship between you and EGFA shall be governed by the laws of in accordance with the laws of the United States of America without regard to its conflict of law provisions. You and EGFA agree to submit to the personal and exclusive jurisdiction of the courts of the United States of America. The failure of EGFA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Envisua Gallery of Fine Art or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the Terms of Use to admin@envisua.com

Current location: home > terms and conditions