Terms of Service

This website is operated by Art Direct. Throughout the site, the terms “we”, “us” and “our” refer to Art Direct. Art Direct offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

REGISTERING AS A MEMBER

  1. You may only register as a member if you can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally binding contract. You are responsible for any actions taken through your membership. Art Direct memberships cannot be sold, leased, lent or traded.
     
  2. 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 Art Direct to ensure it is kept current at all times. Art Direct may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
     
  3. Art Direct reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Art Direct may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these Terms and Conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable.
     
  4. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

    1. not to permit any other person to use your user name or membership; and
    2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
       
  5. Emails and newsletters: Art Direct will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Art Direct products and services to you.

LIABILITY

  1. Transactions are conducted entirely at your own risk. You agree that Art Direct takes no responsibility or liability for any conduct or misconduct of any of its members or galleries who use our services. Art Direct gives no undertakings, representations, or warranties in relation to artworks sold through or listed on its Website:

    1. about ownership of any artwork
    2. as to the authenticity, content, description, worthiness, quality, or legality of the artworks that are listed on its Website iii) as to the accuracy or truth of listings.
       
  2. You expressly understand and agree that:

    1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law Art Direct disclaims and excludes all implied conditions or warranties.
       
    2. Art Direct does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable.
       
    3. No advice or information that is obtained by you from Art Direct or anyone else shall create any warranty by Art Direct that is not expressly stated in the terms and conditions; and
       
    4. Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute Art Direct's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
       
    5. While Art Direct has systems in place to reduce the risk of credit card fraud, Art Direct is not responsible for protecting members from credit card fraud.
       
    6. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
       
  3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Art Direct to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Art Direct'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.
     
  4. 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 complete a transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
     
  5. Without limiting any other rights and remedies available to Art Direct, Art Direct may limit your activities on the Website, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide services to you if you breach these Terms and Conditions or where Art Direct considers it appropriate. 

GENERAL PROVISIONS

  1. All listings and communications made through Art Direct shall be made in good faith.

    1. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You are responsible for any actions taken through your membership. Art Direct memberships cannot be sold, leased, lent or traded.
       
  2. Any copyright licences required in showing any artwork on the website is the responsibility of the seller and/or gallery, and/or their representative(s).
     
  3. Licencing Regulations. The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer's responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, Art Direct has no liability for any such licence costs or resale royalties.
     
  4. Art Direct will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Art Direct takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Art Direct assumes no responsibility for the corruption of any data or information held by Art Direct.
     
  5. You agree not to involve, or attempt to involve, Art Direct in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
     
  6. Art Direct has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Art Direct to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Art Direct.
     
  7. 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.
     
  8. 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.
     
  9. The laws of New Zealand govern these Terms and Conditions. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
     
  10. Art Direct (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:

    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialise, copy, or on-sell any information, or artworks obtained from any part of this Website.
       
  11. 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.
     
  12. Art Direct collects personal information about you through your use of the Services and the Website, including:

    1. Your registration details; and
    2. Information relating to your use of the Website and the content you access.
       
    You agree that Art Direct 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 Art Direct products and Services to you, and for any other use that you authorize.
     
  13. The material on our Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Art Direct provides this website on the basis that Art Direct excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. Art Direct has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on our Website and cannot accept liability for any errors or omissions.
     
  14. Material appearing on our Websites may include advertising and other material submitted by parties other than Art Direct. Our Websites may also provide links to other websites operated by advertisers and third parties. Links to such sites are provided solely for your convenience. If you use these links, you leave our Website. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations and Art Direct does not control and is not responsible for these websites or their content or availability. Art Direct therefore does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk. To the full extent permissible by law, Art Direct disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with any relevant laws or regulations.

THE ART DIRECT STORE

DEFINITIONS

In the Art Direct Store section, the following expressions have the following meanings:

  • 'Artwork', 'artworks', 'work', 'works', means goods or property that may be bought or sold using Art Direct's Services
  • 'Member' means a registered member of Art Direct
  • 'Services' means any one or more of the services offered by Art Direct from time to time, including services on Art Direct's websites and any other service that Art Direct may offer.
  • 'We', 'us' and 'our' are a reference to Art Direct.
  • 'You' and 'your' are a reference to you.
  • 'Website', 'Websites', 'Site' means any Art Direct website through which the Services are offered.
  • 'Listing' means a listing on our Website through which you offer, negotiate, buy, sell or advertise any artwork.
  • 'Seller' or 'vendor' means an art gallery selling artwork on the Art Direct site.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell artworks and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Art Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Art Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, USA.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@art-direct.org