Terms of Service
Macabre Gallery Inc. (“Macabre Gallery,” “we” or “our”) provides a service for selling and purchasing original works of art (the “Services”) through our website, accessible at macabregallery.com (the “Site”). Please read carefully the following terms and conditions (“Terms”). These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Macabre Gallery.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Macabre Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Seller Terms and Conditions
Listing Works on the Site
As a Member, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist.
You acknowledge that Macabre Gallery reserves the right to promote and market Original Works of Art.
If you want to remove a listing for an Original Work of Art from the Site you must contact us by email at email@example.com
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) neither the Original Works of Art that you make available through the Site and Services nor Macabre Gallery’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you hereby appoint Macabre Gallery as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and you hereby grant Macabre Gallery a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting the Site and the Services.
For Original Works of Art, Macabre Gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Macabre Gallery, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
Purchaser Terms and Conditions
Purchases of Original Works of Art
As a Member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Macabre Gallery and not from the Member identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. Macabre Gallery will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Macabre Gallery’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services.
Macabre Gallery reserves the right to cancel any order for an Original Work of Art placed via the Site and Services if Macabre Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Macabre Gallery cancels an order placed via the Site and Services, Macabre Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are a Member and have submitted a listing for an Original Work of Art and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art for which another Member has submitted a listing, you may not purchase such Original Work of Art from such Member independent of the Site and Services.
All prices of the works of art are stated in U.S. dollars and include VAT and taxes.
You understand and agree that Macabre Gallery uses commercially reasonable efforts to display the colors of Original Works of Ar accurately via the Site and Services. However, because individual computer monitors may display colors differently, Macabre Gallery is not responsible for the color accuracy of any Original Works of Art displayed on the Site and Services, and disclaims all liability in this regard.
Macabre Gallery Content
Macabre Gallery may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “Macabre Gallery Content”), some of which is owned by Macabre Gallery (“Macabre Gallery-owned Content”), and some of which is made available under license by a third party (“Macabre Gallery-licensed Content”). Macabre Gallery authorizes you to download, view and print Macabre Gallery-owned Content” solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Macabre Gallery Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Macabre Gallery Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Macabre Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Send us any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive.
- Use, display, mirror or frame the Site, or any individual element within the Site, Macabre Gallery’s name, any Macabre Gallery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Macabre Gallery’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Macabre Gallery’s computer systems, or the technical delivery systems of Macabre Gallery’s providers;
- Attempt to probe, scan or test the vulnerability of any Macabre Gallery system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Macabre Gallery or any of Macabre Gallery’s providers or any other third party (including another user) to protect the Site, Services, Macabre Gallery Content or Member Content;
- Attempt to access or search the Site, Services, Macabre Gallery Content or Member Content or download Macabre Gallery Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Macabre Gallery or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- Use the Site, Services, Macabre Gallery Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Macabre Gallery Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Macabre Gallery Content or Member Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
Macabre Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Macabre Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Macabre Gallery has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Macabre Gallery reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art, Macabre Gallery Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Macabre Gallery, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services and Macabre Gallery Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Macabre Gallery and its licensors exclusively own all right, title and interest in and to the Site, Services and Macabre Gallery Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Macabre Gallery Content.
Macabre Gallery respects copyright law and expects its users to do the same. It is Macabre Gallery’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Macabre Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Macabre Gallery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SITE, SERVICES, MACABRE GALLERY CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MACABRE GALLERY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MACABRE GALLERY MAKES NO WARRANTY THAT THE SITE, SERVICES, MACABRE GALLERY CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MACABRE GALLERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MACABRE GALLERY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MACABRE GALLERY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES MACABRE GALLERY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. MACABRE GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Macabre 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 Site, Services, Macabre Gallery Content or Member Content, or your violation of these Terms.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Macabre Gallery used herein are trademarks or registered trademarks of Macabre Gallery. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms constitute the entire and exclusive understanding and agreement between Macabre Gallery and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Macabre Gallery and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Macabre Gallery’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Macabre Gallery may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Macabre Gallery via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Macabre Gallery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Macabre Gallery. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Macabre Gallery
If you have any questions about these Terms, please contact Macabre Gallery at firstname.lastname@example.org
Last Updated Date: 05/27/2013