TERMS AND CONDITIONS OF WEBSITE USE AGREEMENT

 

WELCOME!  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING OR USING ANY PORTION OF THIS WEBSITE.

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE.  ADDITIONAL RULES RELATING TO PURCHASES AT THIS SITE ARE AVAILABLE AT WWW.JEANNETTEBERNDSEN.COM/TERMS_AND_SERVICE.HTML [ link ]

BY CLICKING THE [YES] BUTTON AT THE PURCHASE FORM AND/OR USE OF THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS, AND YOU INDICATE YOUR ACCEPTANCE AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS EXIT NOW.

 

 

 

 

TERMS AND CONDITIONS

 

1. Acceptance.

1.1. These terms and conditions (the “Agreement”) constitutes your agreement with Artist Touch Gallery, LLC. (“Artist Touch Gallery” or “we” or “us” or "Artist Touch Gallery" or "www.ArtistTouchGallery.com"), a Florida corporation, with respect to your use of Jeannette Berndsen's website and/or Artist Touch Galery's website (the “Website”).  This Agreement will refer to the user of the Website as “you” or “your.”  You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.

1.2. Artist Touch Gallery reserves the right to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion.  Changes in this Agreement will be posted at www.jeannetteberndsen.com and www.artisttouchgallery.com   It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement.  Your continued use of the Website after any changes are made shall be deemed your acceptance of the changes.

 

2. License.

2.1. Artist Touch Gallery hereby grants you a non-exclusive, non-transferable, limited right to access, use, and display the Website for your personal use, provided that you fully comply with these terms.  All rights not expressly granted herein are reserved by Artist Touch Gallery.

2.2. You shall not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of Artist Touch Gallery.

2.3. You may use the content on the Website provided you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of Artist Touch Gallery and its affiliates or the copyright holder identified in the individual content’s copyright notice.  You shall not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Website without the express prior consent of the copyright owner.

2.4. The Website content shall not be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of Artist Touch Gallery.

2.5. Any images of artworks included in the Website are provided for use only in the context of the Website and subject to all of the limitations set forth herein.

2.6. You shall not interfere or attempt to interfere with the operation of the Website through any means including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by this Agreement.

2.7. You shall not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or any content contained thereon or for any other purpose without our prior express written permission.

2.8. You shall not take any action that imposes an unreasonable or disproportionately large load on Artist Touch Gallery’s Website.

 

3. Copyright.

3.1. This Website is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.  The contents of the Website are only for your use.  All materials contained on the Website are protected by copyright and are owned or controlled by Artist Touch Gallery or the party credited as the provider of the content.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website.  Copying or storing of any content from the Website is expressly prohibited without prior written permission from Artist Touch Gallery or the copyright holder as identified on the Website.

3.2. As an Internet service provider, Artist Touch Gallery’s Website is protected from all state tort and negligence laws under the Digital Millennium Copyright Act which grants Internet service providers full immunity from any legal action based upon materials or information that originate from your use of Artist Touch Gallery’s Website.

3.3. Artist Touch Gallery may terminate your registration if you infringe the copyrights of other parties.

3.4. If you believe that your work is being used on the Website in any way that might constitute infringement of your copyright, please immediately provide Artist Touch Gallery’s copyright agent with the following information:

3.4.1. Your electronic or physical signature;

3.4.2. A description of the copyrighted work claimed to have been infringed on the Website;

3.4.3. A description of where the infringing material is located on our Website.  The exact URL on the Website would be extremely helpful;

3.4.4. Your address, telephone number, and email address;

3.4.5. A written statement you have a good faith belief the use is not authorized by you, your agent, or the law;

3.4.6. A statement by you, made under penalty of perjury, that the information you have provided to Artist Touch Gallery is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

3.4.7. Please forward this information to Artist Touch Gallery’s copyright agent: Wim Berndsen, 4816 E. van Ness Road, Hernando, FL 34442; email: wimberndsen@ArtistTouchGallery.com

 

4. Trademarks.

Artist Touch Gallery owns many trademarks (the “Trademarks”).  You agree not to delete any Trademark or similar notice from any contents that you obtain from the Website.  Any questions concerning the use of Trademarks should be referred to Artist Touch Gallery.

 

5. Changes to the Website.

Artist Touch Gallery may change, suspend, or discontinue any aspect of the Website at any time.  Artist Touch Gallery may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.  Artist Touch Gallery reserves the right to change, modify, add, or remove any of your material or content on our Website at any time in its sole and absolute discretion.

 

6. Your Information and Content.

6.1. You must complete our registration process if your want to take part in a purchase on our Website. Registration is open to persons who are at least eighteen (18) years of age and can form legally binding contracts under applicable law.

6.2. Your registration with our Website creates a specific profile and area of use on the Website.  You may share information and media with other Website users and visitors, provided that such use, information, and media does not violate this Agreement.  Any information and media that you transmit or upload to Artist Touch Gallery becomes our sole and exclusive property to be used for any reason in our sole and absolute discretion.

6.3. Artist Touch Gallery does not and cannot review all information and media posted to our Website, although we may monitor such transmissions and uploads.  We assume no responsibility or liability which may arise from the transmissions and uploads of information and media by Website users.

6.4. You are solely responsible for your interactions with other Website users.  While we may monitor disputes between you and other users, we have no obligation to intervene or resolve such disputes.

6.5. By transmitting or uploading information and media to our Website, you waive the right to make any claim against us related to the information and media, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality.  You further waive all moral rights you may have in any materials transmitted or uploaded to us by you.  Should Artist Touch Gallery not acquire full ownership of your information and media for any reason, you hereby assign all right, title and interest in and to the information and media to Artist Touch Gallery without any payment of any further consideration to you by Artist Touch Gallery.

 

7. Representations and Warranties.  You represent, warrant and covenant that:

7.1. You are at least eighteen (18) years old;

7.2. You will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:

7.2.1. Restrict or inhibit any other user from using and enjoying the Website;

7.2.2. Are unlawful, threatening, abusive, libelous, racist, sexist, defamatory, obscene, pornographic, profane, or indecent;

7.2.3. Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;

7.2.4. Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;

7.2.5. Contain a virus or other harmful or potentially harmful component;

7.2.6. Contain any information advertising of any kind;

7.2.7. Constitute or contain false or misleading indications of origin or statements of fact;

7.3. You own or have licensed the information and media you add to the Website; and

7.4. You will use the Website for personal use and not for any commercial purpose.

 

8. No Endorsement.  Artist Touch Gallery neither represents nor endorses the accuracy or reliability of any content, message, advice, opinion, statement, memorandum, or other information displayed or distributed through the Website.  You acknowledge that any reliance upon any such content, message, advice, opinion, statement, memorandum, or information shall be at your sole risk.  Artist Touch Gallery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.  Artist Touch Gallery shall not have any duty to correct any errors or omissions in any portion of the Website.

 

9. Links to Other Sites.

The Website may contain links and pointers to other World Wide Web sites and resources.  If you click on these links, you will be transported to other Websites that are neither owned nor controlled by Artist Touch Gallery (collectively, “Third Party Sites”).  Artist Touch Gallery has no control over the statements, products, or services featured or sold at the Third Party Sites.  Links to Third Party Sites do not constitute an endorsement by Artist Touch Gallery of the Third Party Sites, nor any of the statements, products, or services offered or sold at the Third Party Sites.

 

10. Links From Other Sites.

Any other party that links to the Website:

10.1. Shall not create a browser or border environment around any of the content of the Website;

10.2. May link to, but not replicate, the Website’s content;

10.3. Shall not imply that the Website or Artist Touch Gallery is endorsing or sponsoring it or its products;

10.4. Shall not present false information about Artist Touch Gallery or its products or services;

10.5. Shall not use Trademarks without the prior written permission from Artist Touch Gallery; and

10.6. Shall not contain content that could be construed as distasteful, offensive, or controversial.

 

11. Registration and Payment Policy.

Registration may be required for the use of certain portions of the Website.  Your registration shall not impose any duty on us to provide any particular service to you.  Your registration may be canceled by us at any time, for any reason, in our sole and absolute discretion.  In the event that payment is required by you to receive any goods or services offered by us, you agree to pay all charges to your account, including applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable.  We reserve the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees or charges at any time without providing notice to you.

 

12. Notice Specific to Documents Available on the Website.

12.1. From time to time, we may make certain documents available on the Website for your online review or download.  Permission to use documents like press releases, news stories, and FAQs from the Website or Artist Touch Gallery’s servers (the “Documents”) is granted provided that:

12.1.1. The copyright notice below appears in all copies and that both the copyright notice and this permission notice appear;

12.1.2. Use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and

12.1.3. No modifications of the Documents are made.

12.2. Elements of the Website including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.  No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Artist Touch Gallery.

 

13. Content and Information.

13.1. The content of this Website is not intended for minors.  The Website’s content extends to a wide range of art, is generally uncensored, and may include graphic or literary content that some people may consider offensive, as well as access to live or information that may be harmful and/or illegal in the hands of minors and children and/or inappropriate for them to view or have access to.  If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content, and subject matter displayed on the Website is inappropriate for your child, and to control the child’s use of the computer accordingly.  If you yourself find offensive content of the type referred to above, you should not use the Website.

13.2. The Website contains information, offers, text, and other materials (collectively, the “Information”) owned by Artist Touch Gallery that are provided for your convenience and enjoyment.  Some of the Information is owned and provided by third parties.  You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information.  Artist Touch Gallery makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Information and shall not be liable for any lack of the foregoing.  Descriptions of, or references to, products or publications within the Website does not imply endorsement of that product or publication.

13.3. Part or all of the Information may be subject to terms and conditions that may be found on the websites or in the documents and policies of third parties.  In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions that may be found on the websites or in the documents and policies of third parties, the terms of this Agreement shall control.

 

14. WARRANTY; LIMITATIONS.

14.1. EVERYTHING ASSOCIATED WITH THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARTIST TOUCH GALLERY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:

14.1.1. ANY ASPECT OF THE WEBSITE;

14.1.2. THE CONTENT ON THE WEBSITE;

14.1.3. THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE;

14.1.4. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,

14.1.5. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.

14.2. FURTHER, ARTIST TOUCH GALLERY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  ARTIST TOUCH GALLERY DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ARTIST TOUCH GALLERY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

14.3. ARTIST TOUCH GALLERY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES.  YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

 

15. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ARTIST TOUCH GALLERY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF ARTIST TOUCH GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  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.  IN NO EVENT SHALL ARTIST TOUCH GALLERY HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION FOR MORE THAN TEN DOLLARS ($10.00).  USE OF THE WEBSITE IS COMPLETELY AT YOUR OWN RISK.

 

16. Indemnity.

You agree to indemnify Artist Touch Gallery, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as “Indemnitees”) and Artist Touch Gallery agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Artist Touch Gallery and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with, or resulting from your use of the Website.

 

17. Notices; Electronic Notification.

17.1. When you sign up for any service at Artist Touch Gallery, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, “Notices”), whether or not the Notices are related to the service you signed up for or product you purchased, from Artist Touch Gallery electronically.  You consent to receive Notices electronically in either or both of the following ways:

17.1.1. We may post the Notice on our Website at www.jeannetteberndsen.com; or

17.1.2. We may transmit the Notice to you by email.

17.2. All Notices provided to you electronically will be deemed to be “in writing.”  You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

17.3. In order to receive Notices electronically from Artist Touch Gallery, you must have:

17.3.1. An Internet browser, such as Internet Explorer 4.0 or greater or Mozilla Firefox 1.0 or greater or Safari 2.0 or greater;

17.3.2. An email account and email software;

17.3.3. A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;

17.3.4. Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; and

17.3.5. A printer that is capable of printing from your browser and email software.

 

18. Arbitration.

Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration administered by the American Arbitration Association exclusively in Citrus County, Florida, in accordance with its commercial arbitration rules and judgment upon the award rendered by the arbitrator may be entered in by any court with appropriate jurisdiction.  Notwithstanding this arbitration requirement set forth in this Section, if litigation is ever appropriate pursuant to this Agreement, the parties consent and agree to the sole and exclusive: (i) jurisdiction; and (ii) venue of the state courts in Citrus County, Florida, for all litigated matters.

 

19. Miscellaneous.

This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them.  Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.  It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.  It is the intent of the parties that said rule not be applicable to this Agreement.  The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement.  If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.  This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.