ISEE Artists Gallery (“ISEE”) provides a service for selling and purchasing original artworks through our online art gallery website. Please read carefully the following terms and conditions. These terms govern your access to and use of the website and services, and constitute a binding legal agreement between you and ISEE. Certain areas of the website and your access to certain services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and the terms and conditions posted for a specific area of the website or for specific services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the website or services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
ISEE and our community of users work together to keep the website and its services working properly and our online marketplace safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
The website and services are intended solely for persons who are 18 or older. Any access to or use of the website or services by anyone under 18 is expressly prohibited. By accessing or using the website or services you represent and warrant that you are 18 or older.
ISEE reserves the right, at its sole discretion, to modify, discontinue or terminate the website or services or to modify these terms, at any time and without prior notice. If we modify these terms, we will post the modification on the website or provide you with notice of the modification. We will also update the “Last Updated Date.” By continuing to access or use the website or services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the site and services.
ISEE Art Content
ISEE may make available through the website and services text, graphics, audio, video and images of works of art, some of which is owned by ISEE, and some of which is made available under license by a third party. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ISEE or its licensors, except for the licenses and rights expressly granted in these Terms.
By visiting our site, you agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the site, or any individual element within the site, ISEE’s name, any ISEE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ISEE’s express written consent;
Access, tamper with, or use non-public areas of the Site, ISEE’s computer systems, or the technical delivery systems of ISEE’s providers; attempt to probe, scan or test the vulnerability of any ISEE Art system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ISEE or any of ISEE’s providers or any other third party (including another user) to protect the site, services, ISEE Content or Member Content;
Attempt to access or search the site, services, ISEE Content or Member Content or download ISEE Content or Member Content from the site or services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ISEE or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a ISEE trademark, logo URL or product name without ISEE’s express written consent;
Use the website, services, ISEE Art Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the website, services, ISEE Art Content or Member Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website, services, ISEE Art Content or Member Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the site or services from other users of the site or services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; and/or
Encourage or enable any other individual to do any of the foregoing.
Purchases of Original Artwork
As a buyer of art, you may purchase original artworks that are listed on our site. When you purchase such an original artwork through the site and services, you are purchasing the work from ISEE and its artists. Prices for original artwork will be as specified on the applicable listing. ISEE and/or its third party service providers will collect your billing and shipping information and process your payment. The buyer identified on the listing of the original artwork will ship the purchased work directly to you. The terms and conditions of ISEE’s then-current Return Policy apply to any original artwork that you purchase through ISEE. When you purchase original artwork, via online sales such purchases will be subject to the terms and conditions of the applicable Online Sales channels, which will be presented to you at the time of purchase.
Purchases of Fine Art Printed Artwork
As a buyer, you purchase printed artworks that are listed by our artists on the site. Prices for printed works will be as specified on the applicable listing. When you purchase printed works through the site, ISEE’s website and its third party service providers will collect your billing and shipping information, process your payment and ship the printed works directly to you. The terms and conditions of ISEE Art’s then-current Return Policy apply to any Printed Works that you purchase through the website and services. When you purchase printed works via Online Sales and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels which will be presented to you at the time of purchase.
ISEE reserves the right to cancel any order for an original artwork or printed work placed, via the site and services if ISEE determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the site and services. If ISEE cancels an order placed via the site and services, ISEE will send you an email confirmation of such cancellation and you will not be charged for your order.
The site, services and ISEE Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these terms, ISEE and its licensors exclusively own all right, title and interest in and to the site, services and ISEE Content and printed works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site, services or ISEE Content.
ISEE respects copyright law and expects its users to do the same. It is ISEE’s policy to terminate in appropriate circumstances of members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holder.
Termination and Account Cancellation
If you breach any of these terms, ISEE will have the right to suspend or disable your account or terminate these terms, at its sole discretion and without prior notice to you. ISEE reserves the right to revoke your access to and use of the site, services, ISEE Content and Member Content at any time, with or without cause. In the event, ISEE terminates these terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your account at any time by sending an email to email@example.com.