These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
Laura I. Art Gallery CIC
ORGANISATION REGISTERED: 12876054
ABBEY ROAD IG11 7BT
You are: visitor to Our Web Site / our customer
A] PROMOTION & PUBLICITY
- Our website – you will be in charge of accurately representing yourself and your work on our website; your personal profile will include unlimited images of your artwork, your cv and bio and will be linked to your pages on www.artsy.com and other partner platforms for the duration of your membership.
- Other websites – the Gallery will determine if and what works will be showcased on www.artsy.com and other art platforms. This will be done within ten business days from the day we countersign this agreement if you provide the required material in a timely manner.
- Social media – you and/or your artwork will appear on one or more of our social media channels such as Facebook, Instagram, Twitter and others. The social media promotion will be aimed at introducing you and your artwork to collectors, new art buyers and the art community such as galleries, designers, art fairs, and book and magazine publishers.
- CV/Biography/website – you may include “represented by Laura I. Art Gallery ” on your CV/biography/website.
- Ongoing Promotion of your Artwork – we will address questions from art buyers who have viewed your artwork on our website during your membership term and/or through one-on-one presentations.
- We will select up to ten artworks from your collection and curate online exhibitions on our website, www.Artsy.com, or both, where possible.
- Targeted Public Relations – we will invite a targeted list of contacts such as private art buyers, consultants, corporations, profit and non-profit organizations and/or members of the media to our exhibitions and other events.
- Invitations by Email – invitations to exhibitions will be emailed to our extensive mailing list.
- Listing – exhibitions will be announced on our website and on other art-related sites, where we determine to be appropriate.
- Catalogue – we may choose to design a catalogue of collective exhibitions which will be distributed to gallery visitors and other contacts.
- Artist Promotional Cards – these cannot be sent with your sold paintings to collectors.
- Certificate of Authenticity – it is provided by us for every work that is sold. However, you will need to provide your own Certificates of Authenticity if the value of the artwork is below £500.
- Shipping/Delivery/Pickup/Customs/Stretching/Framing – you are responsible for all arrangements and costs pertaining to the stretching and/or framing, packing, shipping and customs fees to the collector.
- Insurance – you are solely responsible for insuring your art whilst it is in transit to collectors.
- Pricing of your Artwork – If necessary, Laura I. Art Gallery will recommend the price of your artwork based on your CV, our experience and the list/selling price of similar work by other artists. If you have ever priced any of your artwork to the public, you must provide us with this information in order for us to make a fair assessment. Once your prices become public on our website, you may not quote lower prices for similar artworks during the membership term.
- Commissions – Laura I. Art Gallery is entitled to a 45% commission from the sale of artwork sold by us online. Your 55% share will be paid to you within four weeks after the artwork is paid for and delivered to the client. Any artwork sold in our physical galleries and exhibitions are a subject to 50% commission on sales.
- Prices quoted to clients for commissioned works will include the Gallery commission.
- If an artwork we showcase via our website/other partnered platforms has sold privately as a result of your visibility through us, the Gallery is entitled to receive 45% commission from the sales/price. Any private sales made in this way must be brought to the attention of the gallery within 14 days of your sale or your profile on any of our partnered websites will be terminated. You should bring to the Gallery’s attention the history/correspondence regarding such sales. All other independent sales will not be subject to these terms.
- In the event of the Gallery securing an order for the Artist to produce a new work, the Gallery shall receive 45% of the total price from the commission for arranging that work. The Gallery shall consult the Artist before accepting such commissions and will confirm the order in writing. When the Artist sells work from his/her studio within one month of the closing of the exhibition/membership, the Artist will pay the Gallery the agreed standard commission.
- Through this contract, we do not guarantee that collectors will buy your artworks, however, we will provide you with all of our best opportunities for you to sell, hence the platforming through our gallery on Artsy and Artnet.
[D] PLAN-SPECIFIC MEMBERSHIP BENEFITS
E-commerce store: Build your profile and sell your art on our website
Facebook-Instagram store: Not Applicable
Profile on Artsy: Selling on Artsy, we cannot guarantee inclusion if we feel it doesn’t fit our criteria of presentation. (subject to discretion)
Selling with Own Art: Artwork payment in Instalments through the Own Art scheme
Exhibitions: Online exhibition on Artsy
Inclusion in art fairs: Not Guaranteed
Professional Development: Artists will receive tips on improving their sales and reaching their goals
Certificate of Authenticity: Certificate of Authenticity is printed for artists by us.
Content Writing: Not Applicable
Marketing services: Promote your art on all our social media platforms
Raised Funds: We will take a 25% commission on raised funds
Commission on sales: Commission on sales 45%
Special feature on website and email newsletter: Not Applicable
Networking events: Regular events to meet and network with fellow artists
Dining with collectors: Not Applicable
Access to analytics: Not Applicable
[E] ADDITIONAL TERMS & CONDITIONS
Membership Term – the term of your membership is ongoing from the date that we receive the signed Agreement and payment.
Non-Exclusive – you may be represented by other galleries while making use of your membership with Laura I. Art Gallery.
Limitation of Liability – by signing this Agreement you warrant and represent that you are eighteen years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Laura I. Art Gallery will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either
(a) the insurance proceeds received in connection with your claim or
(b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Laura I. Art Gallery in connection with this Agreement.
Scheduling – Laura I. Art Gallery retains the right to
(a) reschedule and/or postpone or curtail an exhibition and/or any exhibition-related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date,
(b) relocate any exhibition to an alternate space of similar quality, and
(c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery.
Payment – There are no fees to pay for selling your artworks through our gallery. We only take commissions on sales.
Art Commercial Consent – You confirm that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Laura I. Art Gallery to showcase your artwork upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement.
You agree to indemnify, defend and hold harmless Laura I. Art Gallery and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorneys’ fees), damages and liabilities arising out of or relating to your membership with Laura I. Art Gallery, including your breach of the terms, warranties and obligations in this Agreement.
You confirm that you understand that Laura I. Art Gallery will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Laura I. Art Gallery and/or its respective agents, employees, representatives, owners and/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.
Acknowledgement – This Agreement contains the entire agreement and understanding between you and Laura I. Art Gallery CIC.
Accordingly, this Agreement may not be altered or modified in any manner whatsoever except by in writing which is duly signed by you and Laura I. Art Gallery CIC. You acknowledge that neither Laura I. Art Gallery CIC nor any other party or any agent or representative of Laura I. Art Gallery CIC has made any promise, representation, or warranty whatsoever, express or implied, not contained in this Agreement concerning your membership with Laura I. Art Gallery CIC or their relationship with you or relating to the subject matter of this Agreement to induce the execution of this Agreement and that you have not executed this Agreement in reliance upon any promise, representation, or warranty not contained in this Agreement.
You further acknowledge and agree that you have carefully read and understand all of the terms of this Agreement and know and understand their binding effect. In the event that any term, condition, or provision contained in this Agreement shall be held or deemed to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect, impair, or invalidate any other term, condition, or provision contained in this Agreement and all remaining terms, conditions, and provisions contained in this Agreement shall remain in full force and effect.
The failure by Laura I. Art Gallery to strictly enforce any of its rights and/or any of the terms of this Agreement shall not constitute a waiver of any of its rights. Laura I. Art Gallery and you will act as independent contractors. In the event of any claim, dispute or litigation regarding this Agreement or any aspect whatsoever relating to this Agreement or any act or omission relating to the relationship between you and Laura I. Art Gallery, its agents, employees, representatives, owners and/or officers (as detailed above), you hereby unconditionally consent to the exclusive jurisdiction of the courts of the United Kingdom.
Laura I. Art Gallery CIC.com is a website which connects artists and collectors for the sale of works, via our service (meaning that customers do not purchase directly from Laura I. Art Gallery CIC). The following terms and conditions are agreed upon when one uses the services provided by the website. Should you have any queries, please contact email@example.com
(1) “Laura I Gallery” stands for the services we provide via the website as an online art marketplace. This art marketplace allows artists a place to platform their work, in order to facilitate business between artist and buyers.
(2) “Artist” stands for any person and/or organisation whose work is saleable via the website.
(3) “Artwork” stands for the work(s) which a buyer agrees to buy from the artist via the website. It includes commissioned and made-to-order works, as described in the work’s listing on the website.
(4) “Buyer” stands for the person and/or organisation who uses the website to purchase artwork.
(5) “Commissioned work” stands for work(s) that are curated and supplied according to the buyer’s requirements, e.g., to transcribe a photograph or to work in a certain colour palette.. Given the personal nature of art, however, there is a limit to the buyer’s influence over the artist’s work. Unless otherwise agreed, commissions require the buyer to pay a non-refundable 50% deposit in advance, with the balance payable once the buyer has approved the proposals sent by the artist.
(6) “Consumer” follows the definition under S2(3) of the Consumer Rights Act of 2015: “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”.
(7) “Intellectual Property Rights” stands for any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(8) “Made to Order’” stands for work which is curated for the buyer, based on an original piece of art that is chosen by the buyer. The work should be similar to the original but, because of the nature of art, Made to Order work will not be an exact replica of the original.
(9) “Mainland UK” includes delivery addresses in England, Wales, Northern Ireland and mainland Scotland but may exclude some postcodes. Please contact Laura I. Art Gallery CIC and confirm any excluded postcodes prior to ordering.
(10) “Order confirmation” stands for the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
(11) “Standard Delivery” stands for a method of delivery within mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the work being sent and for which the carrier obtains a signature upon delivery to show receipt.
(12) “Terms and Conditions” stands for these Terms and Conditions and also incorporates all policies and other Terms and Conditions displayed on our website, as well as any other special terms and conditions agreed in writing by us.
(13) “Upload onto the Website” stands for any submission or post, including any Artist’s information, regarding any work for sale, in any format, including any post, content or anything a user uploads or provides to us for upload and subsequently appears and can be viewed on the website. This includes taking part in any available feedback, review, discussion, forum, etc.
(14) “User” or “you” stands for anyone using and/or visiting the website for any purpose including, but not limited to, buyers and artists.
(15) “We” and “Us” stands for the organisation who supplies and owns this website, Laura I. Art Gallery CIC.com, whose registered office is a tIce House Court, Abbey Rd, London IG11 7BT, a company registered in England whose company registration number is (12876054). The company’s main e-mail address is firstname.lastname@example.org.
(16) “Website” stands for the website and all content at www.lauraiartgallery.com.
(17) “Working Days” stands for Monday to Friday, from 9am to 6pm, excluding all public and bank holidays in England and Wales.
(1) One’s access to and use of the website is subject to these Terms and Conditions. By using the website, you will be deemed to have accepted these Terms and Conditions as well as everything they contain, in addition to any applicable terms, conditions and policies on the website. If you do not accept these Terms and Conditions, you must immediately stop using the website.
(2) Where you are using the website in any way on behalf of another person or on behalf of an organisation you confirm that:
(a) You have the legal right to do so.
(b) The other person or organisation specifically confirms that they take full responsibility for that use.
(3) (a) The company reserves the right to update or amend our Terms and Conditions at any time. Such updates/amendments take effect as soon as they appear on the website; your continued use of the website following any changes shall be deemed to be your acceptance of such updates/amendments. It is each user’s responsibility to read the Terms and Conditions each and every time prior to using the website.
(b) For the avoidance of any doubt, the terms and conditions which apply to any purchase are those that are in place at the time that the purchase is made.
3 ACCOUNT, PASSWORD AND SECURITY
(1) Although you may view the website and checkout as a guest buyer without creating an account, the full use and benefit of using the website will require an opening of an account and a completion of the registration process, by you providing certain information and registering a username and password. Occasionally, users may be asked to provide certain additional information, such as the clarification of personal details (for example your address), often to enable us to complete an order. Each person or organisation may only register once and have only one account. Your full use of the website may only become valid once your registration has been approved by the company and we reserve the right to lawfully refuse registration, which is exercised using our sole discretion. You are solely responsible for maintaining confidentiality over the username and password and for all use and activities under your account. We are not liable for any indirect or consequential loss or damage whatsoever, resulting from the disclosure of your username and/or password.
(2) You may not, in any way, transfer your registration/account nor your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission.
(3) You also specifically confirm that you will:
(a) Notify us immediately of any unauthorised use, including unauthorised use of your registration/account with the Website or any other known or suspected breach of security.
(b) Use your own reasonable efforts to immediately halt any such misuse.
4 WEBSITE USE
(1) Our website is a venue; it is an online marketplace bringing together artists and buyers who buy and sell unique artwork using our website services, which means that you are not buying anything directly from the company Laura I. Art Gallery CIC. You must read the applicable separate terms and conditions made available on this website:
– Buyers’ terms and conditions (which apply when you are considering or do place an order for artwork) and
– Artist’s terms and conditions (which apply when you are an artist wishing to sell artwork).
(2) Full use of this website and its contents will be reserved for registered users who are signed in and do not disable cookies. If you are not registered or disable cookies, you may not be able to view or participate in some of the website’s services.
(3) Use of the website is by licence only; you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of this website shall remain, at all times, vested in us or our licensors – (please see Clause 9).
(4) In addition, as a user you agree that you are solely responsible for your use of the website and that you will use the website and anything that is available from it legally as well as only for the purposes for which they are intended to be used. You will not misuse it in any way and specifically, although not exclusively:
(a) You will not reproduce the website nor any content or part thereof, unless you have our explicit written permission.
(b) You will not use any harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(c) You will abide by any laws applicable to this agreement or the operation of it.
(d) You will not use, in particular, any material or content we deem to be harmful, illegal or offensive; cause any infringement of intellectual rights and copyright; or use the services for illegal purposes such as fraud or in any other crime. However, all and any misuse is included in this agreement.
(5) You confirm that you will not interfere nor attempt to interfere with the proper working of the website; nor any activities conducted on it; nor any part of the content.
(6) You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person or organisation whom such upload content originated from.
(7) Since you are not buying anything directly from lauraiartgallery, we therefore have no control over any product or services displayed or offered for sale. By using the website, you acknowledge this and agree that you use the website entirely at your own risk.
(8) You are aware that when you agree to buy and sell using the website or use third party services (such as payment facilities), you are entering into a separate agreement with that person or organisation which has nothing to do with us; you must make yourself aware of the terms of any such agreement.
(9)(a) As a venue, we do not check, control, endorse nor take responsibility for any upload; we cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality of any work nor have any liability for it; you specifically acknowledge this.
(b) Any review/feedback is the opinion of another person or organisation. Whilst you may wish to provide feedback please bear in mind that:
(i) It will not form part of any agreement which you may make with another user nor any third party, unless you explicitly agree to make recommendations as part of your agreement.
(ii) It does not form an endorsement, guarantee or warranty from us, particularly regarding, but not limited to, the acceptability, safety, legality, accuracy, integrity or quality of any user or work; you specifically agree that we have no liability in this regard.
(10) It is always your sole responsibility to meet all of your obligations when using the website and when you buy, sell and enter into an agreement with another website user.
(11) If you find other Users’ information to be inaccurate, deceptive, or in any way to cause you concern, then we encourage you to take this up with the user involved. Although we have no responsibility nor liability in this regard, you may also contact us, as we can provide liaison assistance.
(12)(a) Use of any discount and/or gift vouchers, codes, special offers, promotions or other “offers” which may be made available from time to time are subject to availability and only available at our sole discretion. They also only apply if the artist (as the seller) agrees and will be subject to all conditions of compliance with such offers. Such offers cannot be exchanged for cash. An offer cannot be used in conjunction with any other offer. The rights to cancel, withdraw or change the Terms and Conditions of any such offer at any time are reserved by the company.
(b) For more information about any offers, please visit our website.
(c) Unless specified otherwise in writing before an order is placed, gift vouchers are available by both email and post; they are valid for 365 days from the date they are issued.
(13) To the extent that the law currently allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) are excluded. Furthermore, you hold us free of all liability and responsibility for any actions, results or adverse situations created as a direct or indirect result of any specific uploaded data or information shown on the website.
5 SUPPLY OF WEBSITE AND OTHER WWW.LAURAIARTGALLERY.COM SERVICES
(1) Whilst we will use our reasonable endeavours to supply the website’s services by ensuring they are available on the internet, we shall not be responsible for any failure to provide. The website is available explicitly on an “as is” and “when available” basis. We reserve the right, without any liability, to terminate or alter the website and its contents without prior notice.
(2) We cannot guarantee that Laura I. Art Gallery CIC’s services will be uninterrupted, secure or error-free; there are inherent problems in the use of the internet and thus we will not be responsible for any interruption, losses or consequences whatsoever, including tampering or hacking, nor for any browser crashes which may result in data loss whilst using Laura I. Art Gallery CIC’s services.
(3) In addition, we make no warranty against electronic virus, worms or any other problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document that we send to you.
(4) Artists upload information about their artwork and we rely on this along with any images they upload. We make every effort to ensure that anything displayed on our website, including any content, email or information sent to you, is displayed as accurately as possible in accordance with the artist’s upload, however we cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your viewing device and we cannot guarantee that this will be accurate or to scale.
(5) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance and improvement.
(6)(a) Most users may terminate use of the website without giving us prior notice. However, artists who wish to cancel their account and use of the website should refer to Clause 8 of the artist’s Terms and Conditions.
(b) However, you will still be responsible for fulfilling obligations incurred whilst you were a registered user. This means that you must complete any purchase(s) or fulfil any sale(s), as applicable to you and must also pay any fees due to us, any artist or any relevant third party.
6 THIRD PARTIES
The website may include links to third parties, including those who offer payment services. When you click on any links, you may be forwarded to websites relating to third parties. We do not recommend, endorse nor have any control over the third parties or any such websites. You are aware that you enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that our company cannot be held liable, in this regard.
7 UPLOADING ONTO THE WEBSITE, FEEDBACK AND ACCEPTABLE USE
(1) All users specifically agree and confirm that:
(a) You are solely liable for anything which you provide to us or upload onto the website, or which you allow anyone to provide or upload on your behalf. You will not abuse any such facility and will never use the website in any way that could damage, disable, overburden or impair the website, nor interfere with any other user’s use or enjoyment of it.
(b) Any upload or any data, images, information or documents provided to us or uploaded have been checked by you for accuracy in fact and content and you will ensure that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party whatsoever in nature and is not contrary to any law.
(c) You are the sole owner and holder of all rights in anything that is provided to us or uploaded to the website, or that you have the express permission of any other person or organisation who holds any rights whatsoever, to upload and use it.
(d) You therefore specifically agree that our company has no liability and that you will indemnify us for any loss relating to any actual or alleged breach of this clause.
(2) Users should provide or upload data, images, information or documents and this includes any feedback which we deem acceptable onto the website. Things deemed acceptable include, but is not limited to, uploads which are fair, accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights are unacceptable. All users specifically agree that anything they provide or upload (or allow to be provided/uploaded using their account/details), including any feedback, onto the website will:
(a) Be honest, accurate, not misleading or false; the information will not amount to any fraud or misrepresentation and will not impersonate any person or entity for the purpose of misleading others.
(b) Not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature.
(c) Not be, nor possibly be perceived to be, threatening, defamatory, libellous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content, nor incite such behaviour in other users.
(d) Not harass or invade the privacy of any individual/organisation.
(e) Not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to nor from another accessible page).
(f) Not be, nor be perceived to be, very pornographic.
(g) Not do anything which reflects unfavourably on the goodwill and reputation of our artists or other users.
(h) Not distribute or disseminate products, material or information that you do not have a right to transmit under law or under contractual or fiduciary relationships (such as confidential information disclosed in the course of employment, or under a confidentiality agreement).
(i) Not incite, promote or instruct any conduct as described above or which promotes any breach of these website user Terms and Conditions, nor any law.
(3) All users agree that they will not take any action nor fail to take appropriate action, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations or any information.
(4) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise; you confirm that you will not engage in any such activity. URLs are allowed, only providing the link is relevant, useful and necessary.
(5) (a) (i) All users agree that anything provided or uploaded onto the Website can be freely used, copied, published, translated and distributed in any medium and any form, including for advertising and promotional purposes, by us and, with the exception of images of work, any other person or organisation, without the user’s express permission and that it will not be subject to any copyright unless specifically marked as such by ‘©’. Please also refer to Clause 8.
(b) Although the images of work are not available for general use, both our company and the artists who own the image(s) on the website provide you with express permission to use the images of the Artwork on social media for promotional purposes, for example, to share on Facebook and Twitter.
(6) All users accept that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem the contents of any upload to breach any law or, as appropriate, our Terms and Conditions.
(7) We always advise you to retain up to date copies/back-ups of anything provided or uploaded. It is not our responsibility to retain any back-ups or copies and we cannot accept any responsibility whatsoever and therefore will not be liable for any losses, claims or damages which may arise.
(8) All users specifically agree that we have no liability with respect to this; furthermore, you will indemnify us for any loss.
8 UPLOADING ONTO THE WEBSITE – LICENCE TO USE
When you provide or upload anything onto the website, the original ownership rights remain, but you do specifically agree that we have a non-exclusive, worldwide, payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the website. This licence will be terminated when such content is deleted from the website. You waive all moral rights you have over the content to the fullest extent permitted by law.
9 OUR INTELLECTUAL PROPERTY
(1)(a) The website and all its basic content (including text, images, marks or trademarks and logos) with the exception of anything provided to us for upload or uploaded by you onto the website is subject to copyright, which belongs to us. This means that users can simply use the website, however this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user and ourselves.
(b) However, both we and the artists who own the image(s) of their work on the website provide you with express permission to use the images of the work on social media for promotional purposes, for example, to share on Facebook or Twitter. However, you cannot, for example, take an image of an artwork on the website and use it on your own website, unless you have express written permission to do so.
(2) Specifically, all users agree that you will solely be responsible for your use of the website and without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials and anything whatsoever supplied to you/made available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet “links”, frame, reverse engineer, to the website or any part of it, without our express permission in writing, including use of our company name and any copyrighted or trademarked content.
(3) We do not claim ownership of anything you provide or upload onto the website. However, by doing so, you grant us a licence; please refer to Clause 8.
10 PRIVACY & DATA PROTECTION
(1) We are a business registered in England. Any personal data we collect will be used and stored in accordance with current Data Protection legislations in England and as the law requires for any individual’s personal data.
You need to be aware of data protection changes and ensure that your data protection policy and processes takes these potential changes into account.
(2) Please specifically refer to:
11 LIMITATION OF LIABILITY
(1) To the extent that the law allows, we will not be held responsible for any incidental or consequential damage, loss (economic or otherwise), punitive or exemplary damages, loss of reputation, goodwill, business opportunities or business interruptions, however it arises, including out of negligence relating to, or in any way connected, to any use (unauthorised or otherwise), purchase or sale of works/products, errors, mistakes, accident, theft/fraud, destruction, or any part of the provision of the website or these Terms and Conditions.
(2) Time limits provided are estimates only. We will incur no liability to you in respect of any failure to complete any Laura I. Art Gallery CIC services, or any part thereof, by any agreed date.
(3) In the unlikely event that you have any right, claim or action against:
(a) Us, then your claim will be limited to the sum of £150 or the amount you paid for the Artwork (whichever is greater).
(b) Any other user or artist arising from that user’s/ artist’s use of the Website, then you agree to pursue that right, claim or action independently of and without recourse to our company. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such rights, claim or action and agree to completely indemnify us, in respect of any such involvement.
You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the website, including any upload provided or submitted or posted through the website.
13 QUERIES, COMPLAINTS, NOTICES
Complaints about the website
(1) If you have any complaint about the website, please email email@example.com with the full details of your complaint.
(2)(a) We aim to acknowledge any complaints/queries within 10 working days.
(b) If any complaint may amount to a breach by us, then you allow us 30 days to remedy the breach.
(c) We are not bound by a professional approved code of practice, code of conduct nor alternative dispute resolution.
(3) Any formal notices must be sent via email to info@Laura I. Art Gallery CIC or to the address which appears in Clause 1(15), as seen above. We will use the latest email or address which you have provided to us. Unless the contrary is proved, notices sent by e-mail will be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or another guarantee service and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from, or on behalf of, the addressee.
Action we take regarding complaints about our Website
(4) We operate on a “notice and takedown” basis, in terms of Website complaints. If you have any complaints or objections to any website upload, including any feedback, and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately via email at info@Laura I. Art Gallery CIC. Once this procedure has been followed, we will use our reasonable endeavours to remove any illegal or otherwise improper content within what we deem to be a reasonable time period.
(5) This means:
(a) That without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our own discretion, either with or without notice. This would occur particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to breaches of any of our Terms and Conditions.
(b) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, feedback, experiences, opinions, statements, recommendations, ratings and information provided by other users or advertisers or any links to other websites or other information which is made available through the website, without giving reason and at our absolute discretion.
Other complaints about us
(6) If you have any complaint about us or our Laura I. Art Gallery CIC services:
(a) Please email info@Laura I. Art Gallery CIC with the full details of your complaint.
(b) Clauses 13(1), 13(2) and 13(3) apply to each and every complaint.
Complaints about any Artist or any Artwork for sale on the website
(7)(a) You are buying directly from the artist; the website services are provided in order to facilitate this.
(b)(i) If you have a query or complaint about any artist or anything available to buy from the website, you can contact the relevant artist directly using the “contact the artist” form available on the website.
(ii) For your legal rights concerning:
– Consumer cancellation, please see the Buyers Terms and Conditions at Clause 7, headed Consumer Cancellation Rights.
– Problems with your order, please see the Buyers Terms and Conditions at Clause 8, headed Faults, Problems with Your Order and Returns
(c) It is important to us that you are satisfied with your purchase or booking, so we are happy to provide assistance to any buyers or artists experiencing problems. Therefore, please provide full written details of any issues by email to info@Laura I. Art Gallery CIC. We will work with you to help resolve any issues, if we can – please allow us 30 days from the date we receive the complaint.
(d) Our company, buyers and artists all agree to work together in good faith to attempt to settle any complaint or dispute.
(8) If we do not act upon any breach immediately, you should not presume that we have waived any rights as to enforceability or seeking redress, unless we have expressly stated that in writing.
14 GENERAL TERMS
(1)(a) The rights given or obligations and duties imposed upon any user (including buyers and artists) cannot be transferred, sold, assigned, delegated, conveyed, rented, subcontracted or shared in any way by you – therefore, nobody else can benefit but you.
(b) We reserve the rights to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any parts of the rights, duties or obligations and provision of the website.
(c) Nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between any user and ourselves.
(2) Waiver – nothing in these Terms and Conditions as well as no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.
(3) Force Majeure – our company will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including, but not limited to, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of machinery or shortage/unavailability of raw materials from a natural source of supply and we will be entitled to reasonable leeway in terms of our obligations.
(4) Invalidity and severance – each clause or any part of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that, should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability nor validity of the rest of these Terms and Conditions and Agreement.
(5) These Terms and Conditions and Agreement shall be interpreted, construed and enforced in accordance with English laws and shall also be subject to the exclusive jurisdiction of the English Courts.