Terms of Use Agreement

Welcome to WWW.ARTANDCURATOR.COM. The WWW.ARTANDCURATOR.COM website (the “Site”) is comprised of various web pages operated by EMERGING ART & CURATOR PRIVATE LIMITED.

Acceptance

WWW.ARTANDCURATOR.COM is offered to you (Purchasers of items from the Site (“Customers”)) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of WWW.ARTANDCURATOR.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. We have other policies, guidelines, FAQs and requirements that we post elsewhere on WWW.ARTANDCURATOR.COM from time to time. We expect that you will, and you agree to, abide by any other requirements posted on WWW.ARTANDCURATOR.COM. All of those policies, guidelines, FAQs and other requirements are incorporated into these Terms.

WWW.ARTANDCURATOR.COM is a E-commerce Site

Privacy

Your use of WWW.ARTANDCURATOR.COM is subject to WWW.ARTANDCURATOR.COM Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs Customers of our Data collection practices.

Description of Service

WWW.ARTANDCURATOR.COM is providing you with access to buy and sell artwork. You will be responsible for all activity that occurs under your username and password. We therefore recommend that you keep your password secure and don’t allow others to use your username. The only way that we have to verify your identity is through your username and password, so keep them to yourself.

Disclaimer of Warranties

The Site is provided by WWW.ARTANDCURATOR.COM on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, WWW.ARTANDCURATOR.COM makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. WWW.ARTANDCURATOR.COM shall have no liability for any interruptions in the use of the Site. WWW.ARTANDCURATOR.COM disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

WWW.ARTANDCURATOR.COM disclaims all warranties, whether expressed or implied, including the warranties that the site and Data are free from viruses and able to operate on an uninterrupted basis, that they will meet your specific needs, or that the site and Data are of satisfactory quality, accurate, or non-infringing, unless such warranties are legally incapable of exclusion. Your use of this site and Data is solely at your own risk.

Limitation of Liability

The materials and Data may include inaccuracies whether technical or typographical errors. WWW.ARTANDCURATOR.COM has the right at any time to change, modify, add to or discontinue any aspect or feature or the site, materials or artwork. WWW.ARTANDCURATOR.COM has no obligation to provide you with notice of any such changes. Under no circumstances shall WWW.ARTANDCURATOR.COM be liable for any indirect, incidental, consequential, or punitive damages that result from the use of, misuse of, inability to use, or reliance upon this site or the Data, including, without limitation, damages for loss of use, Data, business opportunities, or profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WWW.ARTANDCURATOR.COM has been advised of the possibility of such damage. In addition, WWW.ARTANDCURATOR.COM should be free from responsibility or liability, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use or reliance on any content, goods or services available on or through any external sites linked from this site.

Artwork Descriptions & Site Content

Although we strive to be as accurate as possible, WWW.ARTANDCURATOR.COM does not warrant that artwork descriptions, content of this site and that of electronic communications is accurate, complete, reliable, current, or error-free. If an artwork offered is not as described, your sole remedy is to return it in same condition. WWW.ARTANDCURATOR.COM does not warrant the accuracy or completeness of any content expressed or provided by artists. WWW.ARTANDCURATOR.COM reserves the right to block or remove any content or materials on the website at any time in our sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless EMERGING ART & CURATOR PRIVATE LIMITED (WWW.ARTANDCURATOR.COM), its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Customer postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WWW.ARTANDCURATOR.COM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WWW.ARTANDCURATOR.COM in asserting any available defenses.

Copyright

All artwork images on the Site may not be reproduced or used in any manner without the express written permission of the individual artists represented here and WWW.ARTANDCURATOR.COM.

International Copyright Laws.

This site and its contents are protected by U.S. and international copyright and trademark laws including but not limited to the artwork, discussions, news, blogs, press releases, etc made available to you, logos, headers, icons, buttons and look and feel. Third parties whose materials appear on this website own the copyright and trademark in the materials original to them. You acknowledge and agree that the artworks, Data, service and any necessary software used in connection with this Site contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws. You are granted a limited non-exclusive and non-transferable right to use this Site for personal use as outlined in these Terms and Conditions. You may not copy, disseminate, download, reproduce or publish the content except where expressly set forth in these Terms and Conditions.
 
Copyright of the artwork will remain perpetually with the original copyright holder, be it the artist or otherwise. Purchase of the artwork does not transfer the copyright to the Purchaser/buyer.

License and Limitations on Use

By use of this Site you are granted a limited non-exclusive and non-transferable license to access the site and make personal use of this Site. You are granted a limited license to (a) view the Data on your screen, (b) print the Data, (c) transfer Data to a personal handheld device including a personal digital assistant, mobile phone, smartphone or any other mobile device used for personal view, (d) save the Data or (e) transfer a copy to a third party provided that there is an option to ‘share’ the information as provided by the Site or the individual Customer that created that content and provided you do not remove the copyright notices or proprietary legend that appear and do not modify the Data in any way. You shall not derive or attempt to derive the source code or structure of all or any part of the materials, Data or Site by reverse engineering, disassembly, decompilation or any other means. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or any other intellectual property right of WWW.ARTANDCURATOR.COM, except for the right of use expressly set forth in these Terms and Conditions.
 
Each Customer grants WWW.ARTANDCURATOR.COM a license to use the content supplied by each such Customer for the purposes of disclosure on the Site.
 
This license includes, the right for WWW.ARTANDCURATOR.COM to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each Customer (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of WWW.ARTANDCURATOR.COM and in general through any electronic communication media. 
Each Customer expressly authorizes WWW.ARTANDCURATOR.COM to modify said content in order to conform to the interface or display requirements of the Site or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The Customer is prohibited from copying, reproducing or otherwise using the content relating to other Customers of WWW.ARTANDCURATOR.COM for any purpose other than for those purposes strictly related to use of the WWW.ARTANDCURATOR.COM services for personal purposes.

Third Party Links and Endorsements

WWW.ARTANDCURATOR.COM does not make any representations or warranties to any third party websites available to access through this website, especially sites mentioned by Customers. Any website is independent of WWW.ARTANDCURATOR.COM. As well, any website linked to WWW.ARTANDCURATOR.COM or may not be affiliated with WWW.ARTANDCURATOR.COM. It is up to you to make an independent decision regarding your interaction or communication with such website. As such, you hold WWW.ARTANDCURATOR.COM free from liability and responsibility when communicating or interacting with such websites.
 
The Site does not have control over the opinions and comments of Customers on the Site. Please proceed with caution when following links from posts, etc.

Other Terms

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 WWW.ARTANDCURATOR.COM 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 Customer. Customer agrees that by accepting this Agreement, Customer is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the WWW.ARTANDCURATOR.COM Privacy Policy.

Electronic Communication

Visiting WWW.ARTANDCURATOR.COM or sending emails to WWW.ARTANDCURATOR.COM constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. To unsubscribe at any time, click “Unsubscribe” at the bottom of the WWW.ARTANDCURATOR.COM newsletter or manage your subscriptions at http://mailchimp.com.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WWW.ARTANDCURATOR.COM is not responsible for third party access to your account that results from theft or misappropriation of your account. WWW.ARTANDCURATOR.COM and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. WWW.ARTANDCURATOR.COM does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use WWW.ARTANDCURATOR.COM only with permission of a parent or guardian.

Pricing

Except where noted otherwise, the List Price displayed for artworks on our website represents the full retail price as suggested by the artist. Artwork for sale through the Site is being sold unframed and all exceptions (work being sold framed) will be noted in the product description. 
 
Customer’s PayPal account or credit card will be charged at the time the order is placed. Despite our best efforts, it is possible that an item on the Site is mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Unless otherwise stated, all prices on the Site are in U.S. Dollars. Purchasers of items from the Site (“Customers”) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, WWW.ARTANDCURATOR.COM may collect fees owed using other collection mechanisms.

Availability

If you’ve ordered an item that is no longer available we will notify you immediately via email. Unfortunately we cannot always guarantee availability.
Failed Deliveries
If the mail carrier cannot deliver a package due to an incorrect address entered by the customer, customer’s refusal to pay duties, many failed attempts to deliver, or other failed delivery issues out of WWW.ARTANDCURATOR.COM control then we will not be responsible for the cost of return, or re-shipping.

Payment Methods

WWW.ARTANDCURATOR.COM accepts PayPal and major credit cards, as payments for the artworks. WWW.ARTANDCURATOR.COM reserves the right to accept or refuse any other payment methods.

Modifications and Interruption to Site

WWW.ARTANDCURATOR.COM reserves the right to modify or discontinue the Site with or without notice to the Customer. WWW.ARTANDCURATOR.COM shall not be liable to Customer or any third party should WWW.ARTANDCURATOR.COM exercise its right to modify or discontinue the Site. Customer acknowledges and accepts that WWW.ARTANDCURATOR.COM does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of WWW.ARTANDCURATOR.COM’s control.

Changes to Terms

WWW.ARTANDCURATOR.COM reserves the right, in its sole discretion, to change the Terms under which WWW.ARTANDCURATOR.COM is offered. The most current version of the Terms will supersede all previous versions. WWW.ARTANDCURATOR.COM encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

WWW.ARTANDCURATOR.COM welcomes your questions or comments regarding the Terms:
Email Address: INFO@ARTANDCURATOR.COM

Effective as of December 2014