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| Title: | unity | ||||
| Artist: | Johannes Ruebsam | ||||
| Price: | $3300.00 | ||||
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TERMS AND CONDITIONS |
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1. TERMS AND CONDITIONS Welcome to Virtual Gallery, the online database of New Zealand Art. Please read our terms and conditions carefully. If you have any questions regarding these terms and conditions, please address these to enquiries@virtualgallery.co.nz. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Virtual Gallery offers you access to the services and the web site. By registering as a member of Virtual Gallery, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Virtual Gallery from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated 27 Dec 2008. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'artworks' or 'works' or 'listings' or 'items' means pieces of art displayed in Virtual Gallery; 'member' or 'artist' or 'seller' means an artist registered with Virtual Gallery; 'purchaser' means anyone who wishes to purchase an artwork displayed in Virtual Gallery; 'we', 'us' and 'our' are a reference to Virtual Gallery; 'you' and 'your' are a reference to you; 2. THE SERVICES Virtual Gallery provides a place for artists to display their artwork in such a way that interested purchasers can search the artworks and then contact the artists to arrange purchase. Virtual Gallery does not take any part in the sale of artworks other than by providing our web site as a venue for artists to display their work, and for purchasers to seach their works. If a purchaser wishes to purchase an artwork, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between the artist and the purchaser. 2.1 At your own risk: Transactions and all other contact between artists and purchasers are conducted entirely at your own risk. By using this service, You agree that Virtual Gallery takes no responsibility or liability for any misconduct of any of its members or purchasers including, without limitation, members or purchasers that have registered under false pretences or who attempt to defraud you. Virtual Gallery gives no undertakings, representations, or warranties in relation to items listed on the web site, including: a. about ownership of any item; b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; c. as to the accuracy or truth of listings; d. that any item will meet your requirements or expectations; or e. about the ability of members to complete a transaction. 2.2 Disclaimer: you expressly understand and agree that: a. your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Virtual Gallery disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; b. Virtual Gallery does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable; c. no advice or information that is obtained by you from Virtual Gallery or anyone else shall create any warranty by Virtual Gallery that is not expressly stated in the terms and conditions; and 2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Virtual Gallery to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Virtual Gallery's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services. 2.6 Breach: Without limiting any other rights and remedies available to Virtual Gallery, Virtual Gallery may limit your activities on the web site, remove your artworks, warn other members or purchasers of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Virtual Gallery considers it appropriate. 3 BECOMING A MEMBER 3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand, (or a New Zealand citizen living overseas, at the discretion of Virtual Gallery), and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Virtual Gallery to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Virtual Gallery may phone or mail you to verify these details. 3.3 Termination of membership: Virtual Gallery reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Virtual Gallery may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: a. not to permit any other person to use your username or membership; and b. not to disclose, or provide to any other person, your password, username, or any information that may allow them to gain access to your membership. 4 GENERAL RULES 4.1 General: a. All artworks listed and communications made through Virtual Gallery shall be made in good faith. b. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose. c. You must list your artworks in New Zealand dollars, and include GST in the price where applicable. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). 4.2 Your obligations as a seller a. Sellers must be located in New Zealand, (or be a New Zealand citizen living overseas, at the discretion of Virtual Gallery). b. You will only list artworks that are accurate, current, complete. c. You will only offer for sale items that exist and are to be sold. You will not offer for sale items that you are not legally entitled to sell or that are not in your possession. d. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause 4.2(d). You agree that Virtual Gallery may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. e. Virtual Gallery reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. 5 GENERAL PROVISIONS 5.1 System Integrity: Virtual Gallery will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Virtual Gallery takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Virtual Gallery assumes no responsibility for the corruption of any data or information held by Virtual Gallery. 5.2 Resolution of disputes: As Virtual Gallery is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Virtual Gallery in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. 5.3 Force Majeure: Without prejudice to clause 2.3(a), Virtual Gallery has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Virtual Gallery to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Virtual Gallery. 5.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 5.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 5.7 Intellectual Property Rights: Virtual Gallery (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means: a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or b. Commercialise, copy, or on-sell any information, or items obtained from any part of this web site. 5.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 5.9 Privacy: Virtual Gallery personal information about you through your use of the services and the web site, including: * your registration details; and You agree that Virtual Gallery may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Virtual Gallery products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent, however you agree that Virtual Gallery may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(c) at any time. Please review our privacy policy. | |
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| Title: | Snapshot | ||||
| Artist: | Deidre Ralph | ||||
| Price: | $2950.00 | ||||
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