G A L L E R Y 3 3
TERMS & CONDITIONS
ERRORS AND INACCURACIES
We strive to provide complete and accurate information on the Site. Unfortunately, however, we are not able to ensure and do not represent and warrant that the Site is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, omissions and outdated information – some of which may relate to pricing and availability of products and services. We reserve the right (but are not obligated) to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice and without liability to you. Please be aware that your computer settings may affect the display of products, and particularly colors. Feel free to contact us if you have questions about our products.
OWNERSHIP OF SITE / COPYRIGHTS & TRADEMARKS
The Site and all content contained herein (including, without limitation, photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress, the layout and arrangement of the Site and software and code used to design and develop the Site) are protected by copyrights, trademarks, patents, intellectual property rights and other applicable laws, and are the exclusive property of Gallery 33® and/or its subsidiaries, affiliates, licensors or third party content providers. The names and marks Gallery 33® and all other marks depicted on the Site, whether registered or unregistered, are trademarks or service marks of Gallery 33® and/or its subsidiaries, affiliates, licensors or third party content providers. Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, which we may withhold in our sole and absolute discretion. Gallery 33® reserves all rights not expressly granted in and to the Site and its content.
USE OF SITE
Any other use of the Site, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing or transmitting the Site or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited. Your use of the Site may not disrupt the operation of the Site or our business or result in unauthorized access to the Site, our network or data belonging to us or a third party. We reserve the right to terminate, limit or restrict your access to and use of the Site at any time without notice. You will remain liable for any orders or charges made or incurred by you prior to any such termination.
CONTENT YOU SUBMIT
You are responsible for any content you may submit via the Site, and certify that you own or have the authorization to use such material and that such material is accurate and appropriate. Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non confidential, and you hereby grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive and sublicensable license to use, display, exhibit, distribute, reproduce, develop, market, broadcast, perform, transfer or otherwise exploit such content, and create derivative works therefrom, in any medium now known or later created.
You may not misrepresent yourself or the origin of any content you submit via the Site by, for example, providing false names, contact information or other personal identifying information. You may not upload to, distribute or otherwise publish via the Site any content that (i) is false, misleading, fraudulent, libelous, defamatory, obscene, indecent, offensive, threatening or otherwise illegal or inappropriate; (ii) violates the intellectual property, privacy or other right of another; (iii) constitutes a commercial, political or personal solicitation; or (iv) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code). You agree to indemnify and hold us, our officers, directors, employees and affiliates harmless from any damages, claims or causes of action arising from or related to your violation of the foregoing. We may remove any content you submit at any time for any reason.
Nothing contained on the Site shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. We will issue a credit to your original form of payment if you were previously charged. If a product is listed at an incorrect price, we may refuse or cancel orders placed for such product, in accordance with applicable law, and will issue a credit to your original form of payment if you were previously charged. You may not purchase our products with the intent of engaging in commercial resale activities.
THIRD PARTY SITES
By your use of the Site, you acknowledge and agree that your use of the Site is at your sole risk. The Site, its content and the information and services available on or through it, are provided “as is” with any and all faults, and we expressly disclaim all warranties of any kind, whether express or implied, including any warranties regarding merchantability, fitness for a particular purpose, validity, accuracy, completeness, reliability, security or noninfringement, or implied warranties arising from any course of dealing, course of performance or communication with us. The internet is an unpredictable medium and problems frequently occur. We do not warrant that the site’s operations or content will be uninterrupted, secure or free of error. You are solely responsible for any damage to your computer systems or equipment, or loss of data arising from your use of the site, including the download of materials from the site. The laws of
certain jurisdictions may not permit the disclaimer of warranties, so some of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
By your use of the Site, you acknowledge, and agree that you assume full responsibility for your use of the Site and understand and assume the risks of sending information via and conducting transactions over the internet. You acknowledge and agree that Gallery 33® and/or its subsidiaries, affiliates, licensors or third party content providers will not be liable for any damages, claims or causes of action whatsoever arising out of or related to the Site and your use of the Site, your use of a site linked to from the Site, the products or services offered through the Site (except as provided in our return policy), the unauthorized access to, loss of or use of data, any failures of performance, errors or omissions, network or internet delays or failures or the actions of third parties who use the site, whether such damages, claims or causes of action are based on warranty, contract, tort (including negligence or strict liability) or otherwise and even if we are notified in advance of the potential for any such damages. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information. Your exclusive remedy for any dispute with us, our officers, directors, employees and affiliates arising out of or related to your use of the Site is to discontinue your use of the Site. The laws of certain jurisdictions may not permit this limitation of liability, so some of the above limitations of liability may not apply to you.
APPLICABLE LAW AND FORUM SELECTION
You agree that no failure or delay by us in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.