TERMS OF SERVICE
LAST UPDATED: APRIL 10TH, 2015
1. Our Mission
1.1 Thank you for being part of YourArtGallery.com. Like you, we believe in the visual medium of digital imagery & photographic art, and the opportunity
Unlike the commercial and private art gallery world, YourArtGallery.com does not pre-judge* the artistry of any individual. You as an artist have the opportunity to put your very best images in your portfolio, leaving the rest of the work to the thousands of YAG visitors each day. Through the power of the YourArtGallery.com Rating System, your most positive scored photographic art gains the BEST exposure to art buyers and the global photographic art community, all while participating in a fun, strategic, and competitive format as well as the
Buyers of photographic art span from collectors and curators to designers and individual enthusiasts. YourArtGallery.com buyers have a special commonality; a desire to discover engaging art as well as
2. Your Relationship with Your Art Gallery
2.1 Please review theTerms of Service,of YourArtGallery.com.
2.2 The YAG Team considers every user of YourArtGallery.com; a.) a registered artist selling art, b.) a registered buyer exploring and purchasing art, c.) non-registered guests exploring and rating art, as part of the YourArtGallery.comCommunity.
2.3 User Responsibilities
It is the responsibility of every member of the YourArtGallery.com Community to acknowledge these "Terms" outlined. By using the YourArtGallery.com site as a seller, buyer or non-registered user you fully accept existing Terms of
3. Use of Services
3.1 Service Eligibility
The site and services provided are solely intended for persons 18 years of age and older. By accessing the site or using
3.2 Content Services
YourArtGallery.com is based on the fundamental concept of building a global community of users who wish to (a) gain exposure to their digital imagery & art photography, (b) sell prints or/and finished art uploaded to their "My Art Portfolio" account, (c ) participate in learning how their digital imagery & photographic art compares to others in the YAG global community of artists, as reviewed by thousands of YourArtGallery.com visitors, (d) participate and submit digital imagery & photographic art images in games, competitions and contests, (e) participate as a visitor to YourArtGallery.com in rating digital imagery & photographic art by its own discerned merit of quality art, (f) participate as a member of the proprietary global community of art reviewers for games, competitions and contests, where your opinion matters in selecting a game, contest or competition winners, (g) explore and purchase digital imagery & photographic art from YourArtGallery.com contributing artists, knowing 90% of image royalties go directly to the artist.
4. Account Information
4.1 *YourArtGallery.com requires all individuals wishing to upload digital imagery & photographic art for any reason to create an account. YourArtGallery.com also requires individuals intending on purchasing art to also create an account. During the registration process, and thereafter it is required by every account holder to provide and maintain complete, updated and accurate required information. YourArtGallery.com maintains the right to discontinue an account, and all user provided content, based on incomplete and inaccurate information, or if an account has remained dormant for an extended period of time, without prior notification to the registered user. YourArtGallery.com may monitor and review "Artist Bio" information entered as part of creating a user account, but under no obligation to do so, and assumes no responsibility or liability arising from the content, content accuracy, as well as intended or unintended communication as it relates from a registered user to third parties within or outside YourArtGallery.com. Users agree not to create a misleading or inaccurate Artist Bio or to misrepresent your affiliation with any person or entity.
5. Accessing and Sharing Content
5.1 * Any individual uploading digital imagery & photographic art acknowledges that their images will appear throughout YourArtGallery.com in relation to the category and description tagged upon
5.2 Uploading Original Content
* Any individual visiting YourArtGallery.com should not attempt to infringe on the image rights of any digital imagery & photographic art within YourArtGallery.com. The only legal attainment of images is solely through following the purchase progression on the YourArtGallery.com retail platform. As a safeguard, YourArtGallery.com provides solutions to deter any such infringement. The site will not allow any user to copy or save any
6. Limitation of Liability
6.1 * YourArtGallery.com will not be held accountable for any content or file uploaded by a registered YourArtGallery.com user, and maintains the right to remove any image at
7. Intellectual PropertyAgreement
7.1 * All registered users to YourArtGallery.com, as a YAG Artist in Residence, represents and warrants that each and every image file uploaded to YourArtGallery.com, is indeed, and without any realm of doubt, a unique captured and/or produced image that it owns and/or legally controls and that in no way impedes on the rights of another individual or legal entity. This responsibility extends to obtaining proper permissions of any individual, location, event or subject captured within the digital imagery & photographic art. YourArtGallery.com respects the intellectual property of others, and
8. Our Disclaimer of Warranties
8.1 * YourArtGallery.com recognizes every individual interprets art differently. While YAG is not responsible or liable for your images, we retain the right and discretion to maintain an on-line gallery welcoming to a broad range of visitors. As a YourArtGallery.com member, you are solely and fully responsible for any content posted by you or visitors to your account. Although we may review member account content on a spot check basis, we cannot verify or guarantee the legal nature of such content. We prohibit the posting of the objectionable content in any member account. Objectionable material includes that which is defamatory, profane, violent, pornographic, threatening of abusive, or content that could give rise to any civil or criminal liability under applicable laws. Content that promotes, encourages or instructs illegal activities is also objectionable material. Additionally, material that violates or infringes in any way upon the proprietary rights of others, including copyright or trademark is prohibited from being posted on a YourArtGallery.com account.
8.2 Your Art Gallery Property Agreement Users agree not to post any unauthorized advertising or promotional
9. Your Art Gallery Conduct Agreement
9.1 User Conduct
*YourArtGallery.com prohibits any and all conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. YourArtGallery.com will fully cooperate with law enforcement authorities, court order, or governmental authority. This includes, but not limited to disclosing any transmittals or communications with YourArtGallery.com, staff, associated and third party service providers, in disclosing the identity of any individual in violation.
10. Content Sale and Resale Agreement
10.1 All registered users to YourArtGallery.com, as a YAG Artist in Residence, accepts, acknowledges, and duly appoints YourArtGallery.com as an independent non-exclusive reseller of each and every digital imagery & photographic art uploaded to the site. Registered users may dictate image royalty price, and limited aspects of on-line display and production, including crops, size, ratio and limited printing, mounting and framing options for the digital imagery & art photography uploaded to the site. All other pricing and sales options, current and future offerings, including but not limited to
10.2 Financial Liability
YourArtGallery.com is not responsible for any financial or other loss to members using their YourArtGallery.com account for business or any other purpose, whether that loss is due to server malfunction or problems, viruses or other elements
10.3 Content Liability
It is the sole responsibility of every registered artist to maintain a copy of files uploaded to YourArtGallery.com in a completely independent data storage solution, unassociated with YourArtGallery.com. YourArtGallery.com will also not be held accountable
11. Your Art Gallery Community Agreement
11.1 All Registered users of YourArtGallery.com fully accept that each and every digital image & photographic art on the site is applicable to be rated, judged and scored based on the authority of any visitor or user, registered or unregistered, as well as underlying YourArtGallery.com metrics derived from the rating and voting authority of site visitors. Registered users also accept ratings, scores, ranking and outcomes of this process are incontestable. YourArtGallery.com is not responsible for any adverse consequences of any comment, opinion, image or critique that visitors and registered users may make about any image exhibited. All registered users of YourArtGallery.com do have the right to remove any of their digital imagery & photographic art at
11.2 All registered YourArtGallery.com users agree to take
12. License to Your Content
12.1 While YourArtGallery.com does not claim any ownership rights in your uploaded images and related user
13. Controlling Law and Jurisdiction
13.1 YourArtGallery.com Legal Governance / Void Where Prohibited
Each and every aspect of usage of the YourArtGallery.com website shall be governed by, and deemed acceptance of and consent to, the laws of the State of New York, United States of America, without regard to principles of conflict of laws. Registered users agree to indemnify YourArtGallery.com for all damages related to breach of these terms and conditions, including attorneys’ fees. The venue for all disputes shall be the state or federal district courts of the State of New York. All visitors and registered users of YourArtGallery.com should be aware that this site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service
14. Impersonation and Fake Accounts
14.1 YourArtGallery.com does not permit accounts to be created by any persons or entities that are prohibited by current OFAC (U.S. Department of the Treasury, Office of Foreign Assets Control) sanctions programs from doing business with U.S. companies or are on the Specially Designated Nationals (SDN) List. Registered users certify that they are not so prohibited, are not an SDN and further certify that they are in compliance with all applicable export control laws. If you are located in an OFAC embargoed country or are an SDN, you must not participate in any transactions or engage in any commercial activity whatsoever with YourArtGallery.com.
15. Standards and Privacy
15.1 YourArtGallery.com complies with all standard industry practices and reasonable efforts to