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Terms of Service

  1. CONSENT OF TERMS

You acknowledge and agree that, by accessing or using the site or its services, information, resources, and tools (hereafter referred to as ‘Resources’) or by purchasing a work of art on or through the Site or Services or by posting any content on the Site, you are indicating that you have read, understand and agree to be bound by (a) this Terms and Conditions of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site or services.

To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  •  Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above and may incur criminal or civil liability.
  1. DOWNLOADING FILES

A Modern Gallery cannot and does not guarantee or warrant that files available for downloading through the website or the website itself will be free of infection by software viruses or other harmful computer code, files or programs. <insert website  name> shall not be responsible for any software viruses or other harmful computer code, files or programs that the user may encounter due to your visiting this website.

  1. LIMITATIONS

In no event shall A Modern Gallery or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this website, even if A Modern Gallery or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. ELIGIBILITY

The website and services thereunder are intended solely for persons who are 18 years of age or older. Any access to or use of the website by anyone under 18 is expressly prohibited. By accessing or using the website you represent and warrant that you are 18 years of age or older.

  1. RESPONSIBILITY FOR WORK AND COPYRIGHT

A Modern Gallery shall protect the Artist’s copyright by advising the buyer that under Canadian Copyright Law, the purchase of original work(s) is not equivalent to the purchase of copyright. This shall be done either in writing, on its website or verbally.

  1. TERMS FOR BUYERS ON A Modern Gallery
  2.  TERMS FOR PURCHASES OF WORK (S) OF ART ON A Modern Gallery

Prices for the Works of Art will be as specified on the applicable listing and are stated in Canadian Dollars but can be viewed in other currencies (Australian Dollars, U.S. Dollars, British Pounds, Chinese Yuan and Euros). You acknowledged that prices do not include shipping and handling charges or applicable taxes (GST, HST and PST), if any, for which you are responsible, will be separately identified on your receipt. A Modern Gallery and/or its third party service providers will collect your billing and shipping information to process your payment.

  1. ORDER CANCELLATIONS

A Modern Gallery reserves the right to cancel any order for a Work of Art placed via the website if the A Modern Gallery determines, in its sole discretion that the item is mispriced, out of stock, discontinued, or otherwise unavailable at a price listed via the website. If the A Modern Gallery cancels an order placed via the website, A Modern Gallery will send you an email confirmation of such cancellation, and you will not be charged for your order.

 

  1. TERMS FOR BOTH SELLERS AND BUYERS
  2. GENERAL PROHIBITIONS

You agree not to do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Copy, duplicate, reproduce, sell, trade, or resell any Works of Art, service, resources and tool provided either directly or indirectly by Retailer
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights to it or have received all necessary consents.
  • Upload files that contain virus, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Conduct or forward surveys, contests, or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

All forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by the website, and such communications shall not be considered reviewed, screened, or approved by the website or the A Modern Gallery. A Modern Gallery reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.

  1. PROMOTIONS

A Modern Gallery may operate and undertake promotional schemes on the website to boost sales or advertise individual Artists, Works of Art, the website, etc. and each such scheme may have additional conditions attached to it. The members are advised to read those other conditions and also acknowledge that in case there is any contradiction between the terms of those schemes and these Terms and Conditions, the former shall prevail insofar as transactions covered under the scheme are concerned.

  1. USE LICENSE
  1. The website, the design and the information contained on this site are the valuable, exclusive property of A Modern Gallery, and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Permission is granted to temporarily download a single copy of the materials on the website for commercial transitory viewing only. This is the grant of a license and not a transfer of title.

Under this license you may not (a) modify or copy the materials except as provided above; (b) remove any copyright or other proprietary notations from the materials; (c) attempt to decompile or reverse engineer any software contained on this website; (d) use the materials for any commercial purpose other than starting or culminating a direct business transaction with the A Modern Gallery, or for any public display; or (e) transfer the materials to another person or "mirror" the materials on any other server.

  1. This license shall terminate automatically if you violate any of these restrictions and may be terminated by the A Modern Gallery at any time. Upon such termination or upon, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  1. LINKS

A Modern Gallery has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by A Modern Gallery of the site. Use of any such linked website is at the user's risk.

  1. TERMINATIONS AND CANCELLATION

You agree that A Modern Gallery may, at its sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

  1. INDEMNITY

You agree to defend, indemnify, and hold A Modern Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website, or your violation of these Terms.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL A Modern Gallery OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AND SERVICES ON THE WEBSITE, EVEN IF A Modern Gallery OR AN AUTHORIZED REPRESENTATIVE OF A Modern Gallery HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

  1. COPYRIGHTS/TRADEMARKS

All content and materials available on www.A Modern Gallery.ca, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of A Modern Gallery and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the Works of Art, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by A Modern Gallery.

  1. CONTROLLING LAW AND JURISDICTION

This website is controlled by A Modern Gallery from our offices located in the province of British Columbia, Canada. Most countries around the world can access it. As each country has laws that may differ from those of British Columbia, by accessing our website, you agree that the statutes and laws of Ontario, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any Works of Arts or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or provincial courts located in British Columbia, Canada. You at this moment agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. DISCLAIMER OF WARRANTIES

THE A Modern Gallery SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, WORKS OF ARTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE A Modern Gallery SERVICES ARE PROVIDED BY A Modern Gallery ON AN “AS IS” BASIS AND ON AVAILABLE BASIS, UNLESS UNDERWISE SPECIFIED. A Modern Gallery MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, A Modern Gallery DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE ALL INFORMATION, CONTENT, MATERIALS, WORKS OF ARTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO ALL INFORMATION, CONTENT, MATERIALS, WORKS OF ARTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED OR ON ANY SITES LINKED TO THIS SITE. UNLESS OTHERWISE EXPRESSED, A Modern Gallery AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. A Modern Gallery AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE A Modern Gallery SERVICES WILL MEET YOUR REQUIREMENTS; (ii) A Modern Gallery SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A Modern Gallery SERVICES WILL BE ACCURATE, RELIABLE OR FREE OF VIRUSES OT ORDER HARMFUL COMPONENTS; A Modern GalleryWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY A Modern Gallery SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, WORKS OF ARTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY A Modern Gallery SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

  1. MODIFICATION

A Modern Gallery reserve the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless A Modern Gallery makes a change for legal or administrative reasons, A Modern Gallery will provide reasonable notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.

These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. This agreement was last updated on June 20, 2017.

19.CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at info@amoderngallery.net.