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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 of every individual to participate in the art gallery experience of displaying and selling their work. Through YourArtGallery.com this experience is realized in a new & very unique way.

 

1.2 Artists

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 never ending pursuit of creating an exceptional personal portfolio of unique digital imagery & photographic art.

 

1.3 Buyers

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 insure the recognition and compensation for the artist who created it. YourArtGallery.com understands this, making that connection the core of our business. We give art buyers an opportunity to explore an expansive variety of imagery and see what the global YourArtGallery.com community believes is exceptional art. YourArtGallery.com also delivers buyer peace-of-mind knowing that 90% of image royalties go directly to the artist. YourArtGallery.com only accepts 10% of image royalty, unlike the 50% required on average by galleries.

 

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 Service , and confirm your understanding and responsibility to the binding and enforceable obligation to uphold these Terms. You also accept accountability to understand any changes in Terms of Service, which YourArtGallery.com may execute at any time, is demonstrated by your continued use of YourArtGallery.com under any updates to these "Terms". YourArtGallery.com will update "LAST UPDATED" date with every change to "Terms of Service". If you do not agree with these terms in their entirety, then you forfeit permission to use the YourArtGallery.com site and/or services and are required to exit the site immediately.

 

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 it's services, you represent and warrant that you fulfill this age requirement. If you are a legal adult, and guardian of a minor that has visited as an unauthorized site-user, please contact info@yourartgallery.com, to insure any information that would identify 'said unauthorized user' is removed from the site.


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 uploading, and that the order and listing within the category is dictated by the methodology of the YourArtGallery ranking system. Images may also appear if associated with categories such as 'Best Selling", "Most Viewed", "Featured Artist", "Contest Winners", and any or all to-be-determined categories. Digital imagery & photographic art will not appear in contests or competitions unless specifically submitted by the registered member.


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 high resolution images. All low-resolution images attempted to be saved or moved to a viewers computer are watermarked for further image protection.

 

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 anytime, for any reason, including but not limited to potential rights or permissions infringement. YourArtGallery.com also maintains the right to do so without prior notification to the registered user attributed to the image. YourArtGallery.com is the sole arbiter of what is permitted on its website and if a portion of content in an account violates these Terms and Conditions, the entire account may be removed, without prior notice to the registered user.

 

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 its asks users to do the same. If you believe your image has been copied in some way that constitutes copyright or other infringement, please notify YourArtGallery.com and provide a detailed description. We reserve the right to remove or disable access to any content claimed to be infringing at any time and in our sole discretion. YourArtGallery.com is exempt from any liability over copyright or other infringements, which must be settled between the parties concerned. By submitting your digital image or photograph to YourArtGallery.com, you represent that the image/photo, title and descriptions comply with the Terms and Conditions set forth herein. If any third party brings a claim, lawsuit or other proceeding against YourArtGallery.com based on content you post on our site (including infringement of any intellectual property or other right of any person or entity), you hereby agree to indemnify YourArtGallery.com, its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses including attorneys’ fees incurred by its in connection with any such claim, lawsuit or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive your use of YourArtGallery.com services.

 

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 materials, or to send marketing emails or spam to other users without obtaining permission from YourArtGallery.com in writing. Users also agree not to interfere with the normal operation of the YourArtGallery.com website.

 

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 number of prints, materials, processing, shipping and handling, and how digital imagery & art photography are produced and managed under the discretion of YourArtGallery.com. All registered users accept compensation to be solely 90% of the registered users set "Image Price"of each individual work of digital imagery & photographic art, that of which does not include any aspect of production, handling or delivery. All registered users defer all aspects of royalty management, collection and distribution of the sale of digital imagery & art photography to YourArtGallery.com. YourArtGallery.com processes payment directly to artist registered financial account within 7 business days of each approved transaction, for royalties which have been collected. Please note: International Artists will received their royalty payment via check to the provided address in their account.

 

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 in the website which may cause issues with the users’ computer system, deletion of member accounts or content, or for any other reason whatsoever. YourArtGallery.com website, its contents and services are provided without warranties of any kind. If you are dissatisfied with any provision of these terms and conditions, your sole and exclusive remedy is to discontinue using the site.


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 to any data, text and information entered in YourArtGallery.com "My Artist Portfolio".

 

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 anytime, in-so-doing recognizing and accepting any rating, score or rank associated will be irreversibly removed, without any future re-establishment on YourArtGallery.com "My Art Portfolio".

 

11.2 All registered YourArtGallery.com users agree to take upon full and sole responsibility for any activities or actions taken under their account. If the registered user believes their account has been accessed for any unauthorized use, they will notify YourArtGallery.com immediately to rectify the situation.

 

12. License to Your Content

12.1 While YourArtGallery.com does not claim any ownership rights in your uploaded images and related user content, and you remain the owner or any intellectual property rights, by submitting, posting or providing such images and user content, you grant YourArtGallery.com a non-exclusive, royalty-free worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, publish, adapt, modify, and publicly display your images and user content for the purposes of promoting YourArtGallery.com.


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 does not imply availably in all locations, or the aspiration or intent of YourArtGallery.com to make products or services available in such countries. YourArtGallery.com is based in the United States and we make no representations or warranties that it will be appropriate for use outside of the United Sates. Any product, service or usage may not be utilized where prohibited by law. Persons or entities that choose to access YourArtGallery.com are responsible for compliance with applicable local, state and national laws. Site visitors from any global access point to YourArtGallery.com should be aware certain information will be transferred to YourArtGallery.com in the United States, and potentially current or future third party service providers to YourArtGallery.com outside the United States. By using YourArtGallery.com you are consenting to such information transfer.

 

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 safe guard personal information confidentiality as detailed in our privacy policy, and will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.