Customer Terms of Service

Customer Terms of Service

Acceptance

By using the services provided by Phosphor Gallery to customers you agree to comply with, and to be bound by, the Customer Terms of Service (CTOS). Phosphor Gallery may update the CTOS at any time. A notice of CTOS changes will be published on Phosphor Gallery's website fourteen (14) days prior to becoming effective.

Services Provided

Phosphor Gallery displays images of artwork created by you, information about your artwork, and your biography on Phosphor Gallery's website: www.phosphorgallery.com. Phosphor Gallery will display contact information to be used by potential art buyers or employers to communicate with you about purchasing your art or employing you. These services are provided only to customers of Phosphor Gallery.

You must be eighteen (18) years of age or older to be a customer of Phosphor Gallery.

Phosphor Gallery does not negotiate sales, delivery, or returns of art, nor does Phosphor Gallery process payments or refunds between you and art buyers or employers, nor does Phosphor Gallery arbitrate or negotiate in any disputes between you and art buyers or employers.

Phosphor Gallery does not provide access to the Internet or World Wide Web and is not responsible for any expenses you incur to gain access to the gallery's online services.

Prohibited Use

You agree not to use any service, software, or ability of Phosphor Gallery to:

1. display, transmit, send, email, post, or otherwise communicate or make available any material that is unlawful, threatening, harassing, libelous, vulgar, obscene, or invasive of another person's privacy;

2. misrepresent your affiliation with Phosphor Gallery or any person or entity or to impersonate any person or entity;

3. display, transmit, send, email, post, or otherwise communicate or make available any material that you are prohibited by law, contract, or agreement from displaying, transmitting, sending, emailing, posting, or otherwise communicating or making available;

4. display, transmit, send, email, post, or otherwise communicate or make available any material that infringes any copyright, intellectual property right, trademark, patent, or other proprietary rights of any person or entity;

5. display, transmit, send, email, post, or otherwise communicate or make available any form of unauthorized solicitation or advertising. This includes, but is not limited to, "spam", "chain letters", and "pyramid schemes";

6. spread computer viruses, worms, or any other software or files for the purpose of destroying, damaging, or interfering with the function of any computer software, hardware, data, or communication network or equipment;

7. access any portion of Phosphor Gallery's website, or any records, information, functions, software, or web pages related to it, other than through the interface provided by the website;

8. violate any applicable law or regulation.

Customer Conduct

You agree that:

o all information you provide to Phosphor Gallery will be true and accurate;

o you are the creator of all artwork shown in material you submit for display in Phosphor Gallery;

o all artwork you offer for sale is the original piece or a legitimate reproduction, you possess unencumbered title to it, and it can be purchased directly from you;

o you will not use threatening, abusive, harassing, or vulgar language when communicating with Phosphor Gallery employees;

o you will communicate in an honest, professional, and courteous manner with third parties who contact you through your contact information in Phosphor Gallery;

o you will pay any fees you owe to Phosphor Gallery in a timely manner.

Selling Art or Seeking Employment

Potential art buyers or employers may contact you through your contact information displayed in Phosphor Gallery. You must negotiate sales with the buyer or the terms of employment with an employer.

All artwork you offer for sale must be the original piece or a legitimate reproduction.

Phosphor Gallery will display the prices you specify for your artwork and you may change the prices by contacting Phosphor Gallery. Your artwork displayed for sale must be available to buyers who contact you through Phosphor Gallery for the prices you choose to display with the possible addition of tax. You are responsible for negotiating the cost of shipping and returns, if any, and who will pay these costs with the buyer.

You must be able to promptly ship the correct items to the purchaser.

Phosphor Gallery reserves the right to consider complaints regarding your business practices made by buyers, employers, or potential buyers or employers, who contact you through the gallery as possible grounds for termination of your customer status.

Fees and Billing

A pricing policy will be published on Phosphor Gallery's website. This policy will state the fees incurred by you for Phosphor Gallery's services. Phosphor Gallery reserves the right to offer discounted fees to you. The pricing policy is subject to change at any time. A notice of pricing policy changes will be published on Phosphor Gallery's website thirty (30) days prior to becoming effective. You will be billed at regular intervals no shorter than one month if there is an amount due.

You agree to provide Phosphor Gallery with any information needed to gain payment by credit card, debit card, or check.

Account Security

You are responsible for protecting the confidentiality of your membership ID and password. You are responsible for all activities occurring under your account. You agree to notify Phosphor Gallery of any breach of security.

Copyrights

You must hold legitimate copyright on all material submitted for display in Phosphor Gallery. By submitting material for display you grant Phosphor Gallery worldwide, royalty free, and non-exclusive license to publish the material on Phosphor Gallery's website. This license exists only for as long as you choose to display the material in Phosphor Gallery.

Phosphor Gallery's website will include a general notice that copyright law protects all images of artwork shown and that unauthorized reproduction is illegal. Phosphor Gallery will provide a means for your own copyright statement to be displayed near each of your large images. Phosphor Gallery shall have no other obligation regarding protection of your copyright.

Acceptance or Refusal of Material and Display at Will

The owner or staff of Phosphor Gallery will review all submitted material to determine its suitability for display in the gallery. Material may be refused for any reason with or without explanation.

Phosphor Gallery may cease to display any material at any time. You will be notified if display of your material is halted. You agree to pay prorated fees for any display so interrupted.

Non-Exclusive Display

Display of your art in Phosphor Gallery does not limit your ability to display and sell your art by means other than through Phosphor Gallery.

Physical Art Objects

Phosphor Gallery does not accept possession of any physical art objects except photographs sent as a means of submitting images for display in Phosphor Gallery. Such photographs become the property of Phosphor Gallery.

Phosphor Gallery is not responsible for loss or damage to any physical art object sent to Phosphor Gallery in violation of the CTOS. In the event that you do send a physical art object to Phosphor Gallery in violation of the CTOS then Phosphor Gallery will return the object if you pay all related expenses.

Privacy Policy

The information you provide to Phosphor Gallery is subject to the Customer Privacy Policy. The Customer Privacy Policy will be published on the website.

Disclaimer of Warranties

1. Phosphor Gallery expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.

2. Phosphor Gallery makes no warranty that its service will be uninterrupted, timely, secure, or error free.

3. No advice or information, whether oral or written, obtained by you through or from Phosphor Gallery shall create any warranty not expressly stated in the CTOS.

4. Phosphor Gallery makes no warranty that display of your material in Phosphor Gallery will result in sales or employment.

Limitation of Liability

You expressly understand and agree that Phosphor Gallery shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses, resulting from: the use or the inability to use Phosphor Gallery's services; damages arising from any transactions or agreements you enter into with any third party contacted through Phosphor Gallery; unauthorized access to or alteration of your transmissions or data; statements or actions of any third party contacted through Phosphor Gallery.

Phosphor Gallery is not liable for any losses, damages, or expenses you incur as a result of sending a physical art object to Phosphor Gallery in violation of the CTOS.

Phosphor Gallery is not liable for any damages you incur as a result of misuse by third parties of any information, images or other material displayed under the CTOS.

Indemnity

You agree to indemnify and hold Phosphor Gallery, and its owner, agents, officers, and employees, harmless from any claim or demand made by any third party arising out of material you submit for display in Phosphor Gallery, communications or negotiations between you and any third party arising from or made through Phosphor Gallery or any of its services, your violation of the CTOS, or your violation of the rights of another.

Miscellaneous Rules

Phosphor Gallery may create, revise, and discontinue miscellaneous rules, requirements, definitions, and procedures regarding gallery operations and the technical specifications of material for display. These rules must conform to the terms of the CTOS. These rules will be published on the website and are subject to change at any time.

Governing Law

The laws of the State of New Mexico, USA, will govern the CTOS.

Miscellaneous

The CTOS constitute the entire agreement between you and Phosphor Gallery and governs your use of Phosphor Gallery's services. If any part of the CTOS shall be found to be invalid, unenforceable, or void for any reason then all other parts remain valid and enforceable. A waiver of any breach of any part of the CTOS shall not be construed as a continuing waiver or as a waiver of other breaches. The failure of Phosphor Gallery to exercise or enforce any right or provision of the CTOS shall not constitute a waiver of such right or provision. You agree that the CTOS constitute "a writing signed by you" under any applicable law or regulation.

Phosphor Gallery has the right to suspend or terminate your account and refuse any and all current or future use of Phosphor Gallery's services or any portion thereof.

All business correspondence between you and Phosphor Gallery will be in the English language.

Customer Terms of Service version 1. The version number is not part of the CTOS.