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Acceptance
By using the services provided by Phosphor Gallery you agree to comply with, and to be bound by, the Terms of Service (TOS). Phosphor Gallery may update the TOS at any time. A notice of TOS changes will be published on Phosphor Gallery's website fourteen (14) days prior to becoming effective.
Definitions
Customer -- A person who has joined Phosphor Gallery and uses the services of Phosphor Gallery which are provided only to those who join the gallery.
Membership - The state of being a customer of Phosphor Gallery.
Staff - The owner of Phosphor Gallery and employees and volunteers working for or with Phosphor Gallery.
Visitor - A person who views, downloads, or records the images or information displayed in Phosphor Gallery or who uses any of Phosphor Gallery's services available to non-customers or who uses or controls any program or automation that performs these actions.
Application of Terms
All portions of the TOS apply to visitors except those specified as applying to customers.
All portions of the TOS apply to customers including those specified as applying to visitors.
Services Provided to Customers
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 displays images of art created by you, information about the art, and your biography on Phosphor Gallery's website: www.phosphorgallery.com. Phosphor Gallery may display contact information, at your option, for potential art buyers or employers to communicate with you. Phosphor Gallery may provide additional services for customers.
Phosphor Gallery will charge customers for these services.
Services Provided to Visitors
Phosphor Gallery's website: www.phosphorgallery.com displays images of art and information about the art and artists for your viewing. Information about how to contact artists and how to buy the art may also be displayed. Phosphor Gallery may provide additional services for visitors.
The services provided to visitors are free of charge.
Services not Provided
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 Phosphor Gallery's online services.
Phosphor Gallery does not negotiate sales, delivery, or returns of art, provide escrow services, process payments or refunds between artists and art buyers or employers, nor does Phosphor Gallery arbitrate or negotiate in any disputes between artists and art buyers or employers.
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, or for gaining unauthorized access to information;
7. access any portion of Phosphor Gallery's website, or any records, information, functions, software, service, or web page related to it, other than through the interface provided by the website;
8. violate any applicable law or regulation.
Conduct
You agree that:
o you will not use threatening, abusive, harassing, or vulgar language when communicating with Phosphor Gallery staff, visitors, customers, or third parties you contact or who contact you through Phosphor Gallery;
o you will communicate in an honest, professional, and courteous manner with Phosphor Gallery staff, visitors, customers, or third parties you contact or who contact you through Phosphor Gallery;
o you will not defraud or attempt to defraud Phosphor Gallery staff, visitors, customers, or third parties you contact or who contact who through Phosphor Gallery;
o all information you provide to Phosphor Gallery will be true and accurate.
Customer Conduct
You agree that:
o you are the creator of all artwork shown in material you submit for display in Phosphor Gallery;
o you will pay any amount you owe to Phosphor Gallery in a timely manner.
Customers 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 in Phosphor Gallery must meet the following requirements;
o potential buyers can negotiate directly with you,
o the item for sale is the original piece or a legitimate reproduction,
o you hold the copyright on the item,
o you possess unencumbered title to the item.
Phosphor Gallery will display the prices you specify for your artwork and you may change the prices using online services or by contacting Phosphor Gallery. Your artwork displayed for sale must be available to buyers who contact you through Phosphor Gallery for the prices you display with the possible addition of tax, shipping, insurance, and other expenses with prior knowledge and consent of 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 as grounds for termination of your customer status.
Fees and Billing of Customers
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 provided to customers, method of payment, and when payment is required. Phosphor Gallery reserves the right to offer discounted rates to any customer. The pricing policy is subject to change at any time. A notice of pricing policy changes will be published on Phosphor Gallery's website fourteen (14) days prior to becoming effective.
You agree to provide Phosphor Gallery with any information needed to gain payment.
Customer 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.
Visitors: Copyright
Phosphor Gallery may provide features for visitors to submit comments intended for display. Such features will have a notice that the comments may be displayed.
By submitting comments through such features you grant Phosphor Gallery worldwide, royalty free, and non-exclusive license to publish the comments on Phosphor Gallery's website, including your name, initials, or pseudonym if included, unless you specifically state in the material any requirements you wish to apply.
These requirements might include, but are not limited to, that you are to remain anonymous or that the material is not to be displayed.
Phosphor Gallery has no obligation to display any visitor supplied comments, information, or material.
Customers: Copyright
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 and customer written text displayed 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, your art descriptions, and your biography. Phosphor Gallery shall have no other obligation regarding protection of your copyright.
Acceptance or Refusal of Material and Display at Will
The staff of Phosphor Gallery may review all material submitted for display to determine its suitability for display in Phosphor Gallery. Material may be refused for any reason with or without explanation.
Phosphor Gallery may cease to display any material at any time. Customers will be notified if any display is halted.
Customers: 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, if authorized by Phosphor Gallery, for review or 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 TOS. In the event that you do send a physical art object to Phosphor Gallery in violation of the TOS then Phosphor Gallery will return the object if you pay all related expenses.
Privacy Policy
Information provided by visitors to Phosphor Gallery is subject to the Visitor Privacy Policy. The Visitor Privacy Policy will be published on the website.
Information provided by customers 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 TOS.
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; or 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 TOS.
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 TOS.
Indemnity
You agree to indemnify and hold Phosphor Gallery, and its owner, agents, officers, volunteers, and employees, harmless from any claim or demand made by any third party arising out of communications or negotiations between you and any third made through Phosphor Gallery or any of its services, your violation of the TOS, or your violation of the rights of another.
Governing Law
The laws of the State of New Mexico, USA, will govern the TOS.
Miscellaneous
The TOS constitute the entire agreement between you and Phosphor Gallery and governs your use of Phosphor Gallery's services. If any part of the TOS 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 TOS 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 TOS shall not constitute a waiver of such right or provision. You agree that the TOS constitute "a writing signed by you" under any applicable law or regulation.
Customers: Phosphor Gallery has the right to suspend or terminate your membership and refuse any and all current or future use of Phosphor Gallery's services or any portion thereof.
Customers: If your membership is terminated buy you or Phosphor Gallery then Phosphor Gallery will issue a prorated refund for any prepaid unused services.
All correspondence between you and Phosphor Gallery will be in the English language.
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Terms of Service
