STORE POLICY

 

PRIVACY POLICY

PRIVACY POLICY

Effective date: May 28, 2020

The Arts Gate ("us", "we", or "our") operates the https://arts-gate.com/ website, the https://arts-gate.com website and the The Arts Gate mobile application (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

DEFINITIONS

Service:
Service means the https://arts-gate.com/ website, the https://arts-gate.com website and the The Arts Gate mobile application operated by The Arts Gate art gallery.

Personal Data:
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data:
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies:
Cookies are small pieces of data stored on your device (computer or mobile device).

Data Controller:
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers):
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User):
Data Subject is any living individual who is using our Service and is the subject of Personal Data.

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected:

Personal Data:

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data:

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking Cookies Data:

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

  • XSRF-TOKEN

  • hs

  • _wix_browser_sess

  • _wixCIDX

  • SSR-caching

  • fedops.logger.sessionId

USE OF DATA

The Arts Gate uses the collected data for various purposes:

  • To provide and maintain our Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer support

  • To gather analysis or valuable information so that we can improve our Service

  • To monitor the usage of our Service

  • To detect, prevent and address technical issues

  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), The Arts Gate legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

The Arts Gate may process your Personal Data because:

  • We need to perform a contract with you

  • You have given us permission to do so

  • The processing is in our legitimate interests and it's not overridden by your rights

  • For payment processing purposes

  • To comply with the law

RETENTION OF DATA

The Arts Gate will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Arts Gate will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

TRANSFER OF DATA

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Arts Gate will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF DATA

Business Transaction


If The Arts Gate is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement
Under certain circumstances, The Arts Gate may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements
The Arts Gate may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of The Arts Gate

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect the personal safety of users of the Service or the public

  • To protect against legal liability

SECURITY OF DATA

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL and HTTPS). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all necessary requirements and implement additional generally accepted industry standards.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Arts Gate aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where The Arts Gate relied on your consent to process your personal information. (Please note that we may ask you to verify your identity before responding to such requests.)

  • You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

AGE OF CONSENT

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

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

RETURNS POLICY

Returns of Damaged Works

In the unfortunate event that your order arrives in less than satisfactory condition, simply take a digital photo of the item and of the shipping packaging it arrived in, then attach the photos to an email and send it to info.artsgate@gmail.com.

Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. You will receive an email from us with an update and steps on how to proceed.
 

Returns for Other Reasons

Our artworks are sourced from reputable galleries and directly from artists, therefore, our Returns Policy varies depending on the source of the artwork. 

Returns of some artworks are accepted within 3 days of delivery for any reason whatsoever. 

The return policy of each artwork is indicated on the Artwork Page and in your cart before you checkout. 

The customer is responsible for the original cost of shipment as well as the cost of return shipping using a recognized international courier company such as UPS, DHL, FEDEX, TNT or Registered Mail. All returns must include original packaging and the customer is required to pay for shipping insurance.

 
 

PAYMENT METHODS

Credit / Debit Cards
PAYPAL

Offline Payments

Terms

TERMS OF USE 

EFFECTIVE DATE: 20 APRIL 2021

Thank you for visiting arts-gate.com (the "Site") owned and operated by The Arts Gate. ("The Arts Gate"). Your use of the Site indicates that you have read, understood and agree to these terms of use (the "Terms"). If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

 

Use of the Site

The Arts Gate provides you with access to and use of the Site subject to your compliance with the Terms and the Site's Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our artists, galleries, partners, or licensors and are protected by patent, trademark and/or copyright under international laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site (arts-gate.com) in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

Your Account and Access

The Site is available to users 18 years and older, who have not been suspended or removed by The Arts Gate for any reason. You represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content at its sole discretion for any reason at any time including as a result of a violation of these Terms of Use, without notice. Accounts are void where prohibited by law.

Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

www.arts-gate.com

 

or

 

info.artsgate@gmail.com


If you become aware that material appears on this site in violation of a copyright please notify us by email at info.artsgate@gmail.com or contact us on Social Media Accounts

Rules and Limitations on Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limitations on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of The Arts Gate. You are responsible for your own communications, the content uploaded on your behalf and are responsible for the consequences of their posting on or through the Site. The Arts Gate specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: 

  • Posting any information which is incomplete, false, inaccurate or not your own;

  • Impersonating another person;

  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

  • Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

  • Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

  • Posting material that infringes on any other intellectual property, privacy or publicity right of another;

  • Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of international export control laws;

  • Attempting to interfere in any way with the Site's or The Arts Gate’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

  • Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses

  • Abusing special discounts, awards or incentives offered by The Arts Gate. Unless otherwise specified, only one offer is value per person, maximum two per household.

Security Rules

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  1. Accessing data not intended for you or logging into a server or account which you are not authorized to access;

  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services.

  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

User-Submitted Content

You are responsible for any User Content uploaded on your behalf to the site. By "User Content" we mean any content you submit to The Arts Gate to be published on The Site, which may include reviews, comments, image uploading, captions, participating in forums other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content at our sole discretion. You understand that once you submit User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit it to the Site.

If we allow you to upload User Content, you may not:

  • Provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right; forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;

  • Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;

  • Provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;

  • Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content;

  • Or provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates.

Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

Buying from The Arts Gate

The Arts Gate is not responsible for determining the value, authenticity and the condition of the Products. Artists, designers and galleries (“Sellers”) upload their Products and information directly to the website and users who buy from The Site (“Buyers”) are solely responsible for due diligence required in purchasing Products.  

The Arts Gate is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature.

All copyright subsisting in the Products shall remain in the Artist’s ownership, unless otherwise agreed in writing.

Buyer Warranties
As a Buyer you warrant and agree that in respect of any Product submitted to the The Arts Gate:

  • You are responsible for verifying the information provided by the Seller;

  • Your use of the The Arts Gate, the purchase of any Products, and any communication or transaction initiated on the The Arts Gate complies fully with all international laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibition on import of Product from the Seller's jurisdiction into the Buyer's jurisdiction; and

  • You are responsible for identifying and paying all taxes applicable to the Buyer for the purchase and collection of the Product, including any import of the Product to the Buyer's jurisdiction.

  • You accept that in purchasing Products from The Arts Gate, The Arts Gate will be entitled to remuneration by way of a commission drawn out of any payment due to the Seller.

Seller Warranties
As a Seller you warrant and agree that in respect of each Product offered on The Arts Gate:

  • You have the full power and authority to sell the Product;

  • You are solely responsible for the authenticity, description, identity, condition, nature and quality of the Product.

  • The Product is authentic and all information provided about the description, identity, condition, nature and quality of the Product is accurate;

  • You own and have full possession of the Product;

  • You are responsible for releasing the Product promptly for delivery to the Buyer, shipped promptly upon receipt of the offer price (and any taxes payable), in accordance with the offer terms;

  • Title to the Product is free and marketable, and the sale to any Buyer will be free and clear of any and all liens or encumbrances;

  • Your use of The Arts Gate, each Product you submit, the sale of the Product, and any communication or transaction initiated on the The Arts Gate complies fully with all international laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibitions on export of Product from the Seller's jurisdiction to the Buyer's jurisdiction; and

  • You are responsible for identifying and paying all taxes applicable to the Seller for the sale and delivery of the Product, including any export of the Product from the Seller's jurisdiction. 

  • You accept that in selling Products on The Arts Gate, The Arts Gate will be entitled to remuneration by way of a commission drawn out of any payment due to you.
     

Fraud
Whilst The Arts Gate makes every effort to prevent fraud, The Arts Gate disclaims liability for purchases of Product contracted between a Buyer and Seller.

Open Positions on Careers Pages

We may list open employment positions on this web site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Site or made available through Site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

International Use

We control and operate the Site from our offices in Oslo-New York-London-Dubai, and all information is processed within those countries. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from international or the country in which you reside.

Proprietary Rights

As between you and The Arts Gate (or other company whose marks appear on the Site), The Arts Gate (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by The Arts Gate. If you make use of the Site, other than that as provided herein, in doing so you may violate copyright and other laws of those countries we operating in , other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of The Arts Gate, or other entities. Such trademarks, service marks and trade names may be registered  internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

Links from and to the Site

You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other types of link, and to require termination of any such link to the Site, at our discretion at any time.

Harassment

We pride ourselves in customer service, and ensuring that both our Buyers and Sellers are happy is our top priority. Users agree that they will not intentionally cause harassment, alarm or distress to any of the employees at The Arts Gate. Harassment involves any unwelcome conduct (physical, verbal, or non-verbal, online or offline) based on an individual’s protected status that creates an environment that is intimidating, hostile, or abusive. We reserve the right to restrict and/or refuse the Users from using arts-gate.com; remove/delete your User Account, Profile, and Products; and restrict and/or block the User from creating an Account on arts-gate.com should the Users:

(i) intentionally cause harassment, alarm, or distress;
(ii) use any threatening, abusive or insulting words or behaviour;
(iii) make any threatening, abusive or insulting communication;
(iv) violate any of our other terms of service;

Or any other behavior which are heard, seen, or otherwise perceived as harassment by any of the employees at The Arts Gate.

Further Claims

The User agrees that they are not entitled to receive, and will not claim, any additional right, benefit, payment or compensation including, but not limited to, any claim for benefits, damages, interest, attorneys fees and costs, other than what is expressly set forth in their Purchase, and hereby expressly waives any right to additional rights, benefits, or compensation. The User further acknowledges that The Arts Gate makes this Agreement without any admission of liability, and agrees, to the extent permissible by law, that he/she will not defame, disparage, or make false or deceptive allegations against The Arts Gate, whether to the press, employees, customers, investors, Sellers, or otherwise.

Defamation

The User agrees that in an action for slander in respect of words calculated to disparage The Arts Gate at the time of the publication, it shall not be necessary for The Arts Gate to allege or prove special damage whether or not the words are spoken of the The Arts Gate in the way of their office, profession, calling, trade or business. (i) For the purposes of the law of libel and slander, the broadcasting of words (publication for general reception) by means of telecommunication shall be treated as publication in a permanent form.

The means of telecommunication includes, but is not limited to, any communication through online (digital) and/or offline (non-digital) means. In any action for slander of The Arts Gate's title, slander of products, or other malicious falsehood, it shall not be necessary for The Arts Gate to allege or prove special damage if:


(a) if the words upon which the action is founded are calculated to cause pecuniary damage to the The Arts Gate and are published in writing or other permanent form; or
(b) if the said words are calculated to cause pecuniary damage to the The Arts Gate in respect of any office, profession, calling, trade or business held or carried on by The Arts Gate at the time of the publication.
(c) Clause (i) applies for the purposes of this section as it applies for the purposes of the law of libel and slander.

Indemnity
You agree to defend, indemnify and hold The Arts Gate, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Disclaimer of Warranties
You understand and agree that:

The site, including, without limitation, all content, function, materials and services is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The company does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. The Arts Gate makes no warranty that the site will meet users' expectations or requirements. no advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

The Arts Gate does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. The Arts Gate is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of the company.

Force Majeure

(a) The Arts Gate shall not be liable for any failure of or delay in the provision of services expressly stated in the Purchase, Receipt, and/or written communication between The Arts Gate and the User, for the period that such failure or delay is: 

(i) beyond the reasonable control of the Arts Gate; 
(ii) materially affects the performance of any of its obligations under this agreement; and
(iii) could not reasonably have been foreseen or provided against;      

(b) If supervening and/or unforeseeable events, issues, and/or causes arise outside of the Arts Gate's reasonable control, the Arts Gate shall be relieved from performing the obligation affected for the duration and to the extent affected, and may be entitled to compensation. 

Supervening events, unforeseeable events, issues, and/or causes include, but are not limited to, 
(i) an act of God;
(ii) delays in the production, delivery, and/or installation of the Product(s) that arise outside of the Arts Gate's reasonable control;
(iii) damage and/or loss of products that arise outside of the Arts Gate's reasonable control; 

The Arts Gate's shall not be liable if the items outlined in (a) and (b) prevent, impede, or hinder the Arts Gate's ability to perform such obligations.

Limitation of Liability
Sellers and Buyers agree that The Arts Gate is not responsible for and does not make any representations or warranties (express or implied) as to the Product, including as to merchantability, fitness for a particular purpose, the accuracy of the description of Product in any offer, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import permits, restrictions or embargoes, shipment or delivery, packing or handling, compliance with purchase terms, the ability of the Buyer to pay, the ability of the Seller to collect the offer price, or any other representation or warranty of any kind or nature whatsoever.

In no event shall The Arts Gate, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, galleries, artists, institutions, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of The Arts Gate to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, US $100.00. Without limiting the foregoing, in no event shall The Arts Gate or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of The Arts Gate.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Applicable Law/Jurisdiction
You agree that the laws of international (European Laws)   excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with The Arts Gate relating in any way to your use of the Site resides in the state of international and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of international. In addition, you expressly waive any right to a trial in any legal proceeding against The Arts Gate, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in Singapore.

Any inquiries concerning these Terms should be directed to us at the address below.

Account Deletion

If you wish to delete your account or withdraw consent, you have the right to request that your personal information be erased from our database, and this will be done within 30 days of the request. You have the right to request, verbally or in writing, to have your personal information erased if this information is no longer necessary for the purpose in which it was originally collected or processed.

Risk of Loss
The Products purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such Products may pass to you upon our delivery to the carrier.

Purchasing
The Arts Gate and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. The Arts Gate has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, The Arts Gate will void the purchase and attempt to contact you via either phone or email to inquire if you would like the Product for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will The Arts Gate or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Notices
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

Contacting Us
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please email us at info.artsgate@gmail.com or write to us at:

www.arts-gate.com

 

General Information
The Terms constitute the entire agreement between you and The Arts Gate and govern your use of the Site, superseding any prior agreements between you and The Arts Gate. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between The Arts Gate and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to The Arts Gate or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of The Arts Gate's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

© Copyright 2022 by The Arts Gate All rights reserved.

 

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