By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
- National Art Gallery is a Venue
National Art Gallery acts as a venue to allow users who comply with National Art Gallery’s policies to offer, sell and buy certain goods within a fixed-price format. National Art Gallery is not directly involved in the transaction between buyers and sellers. As a result, National Art Gallery has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. National Art Gallery does not pre-screen users (except for services that require an application) or the content or information provided by users. National Art Gallery cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, National Art Gallery does not transfer legal ownership of items from the seller to the buyer.
National Art Gallery cannot guarantee the true identity, age, and nationality of a user. National Art Gallery encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that National Art Gallery is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on National Art Gallery. You use the National Art Gallery service at your own risk.
- Membership Eligibility
Age: National Art Gallery’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. National Art Gallery may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use National Art Gallery’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by National Art Gallery’s policies as stated in the Agreement and the National Art Gallery policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by National Art Gallery, each of which is incorporated herein by reference and each of which may be updated by National Art Gallery from time to time without notice to you:
- National Art Gallery Guidelines
- Seller Guidelines
- Buyer Guidelines
- Community Guidelines
- Fees Policy
- Copyright and Intellectual Property Policy
- Trademark Guidelines
- Billing Policy
- Referral Terms and Conditions
- Advertising Policies
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by National Art Gallery from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify National Art Gallery of any unauthorized use of your password or any breach of security. You also agree that National Art Gallery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than National Art Gallery without National Art Gallery’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on National Art Gallery you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your National Art Gallery account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: National Art Gallery’s services are not available to temporarily or indefinitely suspended National Art Gallery members. National Art Gallery reserves the right, in National Art Gallery’s sole discretion, to cancel unconfirmed or inactive accounts. National Art Gallery reserves the right to refuse service to anyone, for any reason, at any time.
- Fees and Billing
Joining and setting up a shop on National Art Gallery is free (excluding additional sales channels on National Art Gallery that may have separate fees). National Art Gallery may charge a fee for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. National Art Gallery’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for National Art Gallery’s services are effective after National Art Gallery provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, National Art Gallery may choose to temporarily change the Fees Policy and the fees for National Art Gallery’s services for promotional events (for example, free listing days); such changes are effective when National Art Gallery posts the temporary promotional event on the Site. National Art Gallery may, at National Art Gallery’s sole discretion, change some or all of National Art Gallery’s services at any time. In the event National Art Gallery introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, National Art Gallery may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using National Art Gallery. National Art Gallery provides plans for both automatic and manual bill payment as outlined in National Art Gallery’s Billing Policy. National Art Gallery will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
Fees and Termination: If National Art Gallery terminates a listing or your account, if you close your account, or if the payment of your National Art Gallery fees cannot be completed for any reason, you remain obligated to pay National Art Gallery for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact National Art Gallery.
- Listing and Selling
Listing Description: All listings on National Art Gallery must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with National Art Gallery’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your National Art Gallery shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their National Art Gallery shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with National Art Gallery’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. National Art Gallery reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding National Art Gallery transaction fees, misrepresent the item’s location, or use another user’s account without permission.
- Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to National Art Gallery and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on National Art Gallery.
Restricted Activities: Your Content and your use of National Art Gallery shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, National Art Gallery’s Copyright and Intellectual Property Policy)
- Violate this Agreement, National Art Gallery Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including National Art Gallery staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack National Art Gallery or modify another website so as to falsely imply that it is associated with National Art Gallery;
- Appear to create liability for National Art Gallery or cause National Art Gallery to lose (in whole or in part) the services of National Art Gallery’s ISPs or other suppliers
Re-Posting Content: By posting Content on National Art Gallery, it is possible for an outside website or a third party to re-post that Content. You agree to hold National Art Gallery harmless for any dispute concerning this use. If you choose to display your own National Art Gallery-hosted image on another website, the image must provide a link back to its listing page on National Art Gallery.
Idea Submissions: National Art Gallery considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and National Art Gallery shall not be liable for the disclosure or use of such Material. If, at National Art Gallery’s request, any member sends Material to improve the site (for example through the Forums or to customer support), National Art Gallery will also consider that Material to be non-confidential and non-proprietary and National Art Gallery will not be liable for use or disclosure of the Material. Any communication by you to National Art Gallery is subject to this Agreement. You hereby grant and agree to grant National Art Gallery, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
- Information Control
National Art Gallery does not control the Content provided by users that is made available on National Art Gallery. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using National Art Gallery, you agree to accept such risks and that National Art Gallery (and National Art Gallery’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on National Art Gallery. Please use caution, common sense, and practice safe buying and selling when using National Art Gallery.
Other Resources: National Art Gallery is not responsible for the availability of outside websites or resources linked to or referenced on the Site. National Art Gallery does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that National Art Gallery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with National Art Gallery’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. National Art Gallery is not involved with user generated groups, the groups’ requirements, or the Meetings.
National Art Gallery does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that National Art Gallery does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on National Art Gallery may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. NATIONAL ART GALLERY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO NATIONAL ART GALLERY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY NATIONAL ART GALLERY, AND NATIONAL ART GALLERY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT NATIONAL ART GALLERY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, NATIONAL ART GALLERY USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
- Resolution of Disputes and Release
Disputes with National Art Gallery: In the event a dispute arises between you and National Art Gallery, please contact National Art Gallery. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles, California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and National Art Gallery agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, National Art Gallery encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on National Art Gallery, they may choose to participate in National Art Gallery’s case system in order to resolve the dispute. Cases are escalated for review and resolution by National Art Gallery. National Art Gallery provides its dispute resolution process for the benefit of users. National Art Gallery does so in National Art Gallery’s sole discretion, and National Art Gallery has no obligation to resolve disputes between users or between users and outside parties. To the extent that National Art Gallery attempts to resolve a dispute, National Art Gallery will do so in good faith based solely on National Art Gallery’s policies. National Art Gallery will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release National Art Gallery (and National Art Gallery’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- National Art Gallery’s Intellectual Property
NATIONAL ART GALLERY, and other National Art Gallery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of National Art Gallery, LLC in the U.S. and/or other countries. National Art Gallery’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- Access and Interference
- Take any action that imposes, or may impose, in National Art Gallery’s sole discretion, an unreasonable or disproportionately large load on National Art Gallery’s infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass National Art Gallery’s robot exclusion headers or other measures National Art Gallery may use to prevent or restrict access to National Art Gallery
Without limiting any other remedies, National Art Gallery may, without notice, and without refunding any fees, delay or immediately remove Content, warn National Art Gallery’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
National Art Gallery reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on National Art Gallery.
- No Warranty
NATIONAL ART GALLERY, NATIONAL ART GALLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND NATIONAL ART GALLERY’S SUPPLIERS PROVIDE NATIONAL ART GALLERY’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NATIONAL ART GALLERY, NATIONAL ART GALLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND NATIONAL ART GALLERY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM NATIONAL ART GALLERY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Liability Limit
IN NO EVENT SHALL NATIONAL ART GALLERY, AND (AS APPLICABLE) NATIONAL ART GALLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR NATIONAL ART GALLERY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, NATIONAL ART GALLERY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NATIONAL ART GALLERY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NATIONAL ART GALLERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO NATIONAL ART GALLERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD NATIONAL ART GALLERY AND (AS APPLICABLE) NATIONAL ART GALLERY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- No Guarantee
National Art Gallery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside National Art Gallery’s control.
- Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any National Art Gallery service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on National Art Gallery’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency
You and National Art Gallery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- National Art Gallery Service
- Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (National Art Gallery’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
For issues with intellectual property, please provide the notice as specified in National Art Gallery’s Copyright and Intellectual Property Policy.
Effective Date: March 14, 2016