ABOUT THE SERVICE
The service grants you an access to buy and sell artwork by using an Internet service. Members are responsible for the Internet service in order to access Larus Gallery website.
By accessing or using Larusgallery.com, you represent and warrant that you are at least 18 years of age or accessing the site under adult supervision. You must be 18 and over to purchase or sell your original artwork on Larusgallery.com
You will not violate any laws, third party rights or our policies. You will not collect or use any personal data about users, without Larus Gallery, LLC written consent. You must register to become a member. You will be required to provide certain personal information, you agree that information provided by you, is current, accurate and complete and you are responsible to update that information if any changes happen. As a member, you will not try to circumvent or maneuver around our fees, or billing, or artist representation. As a member of Larusgallery.com, who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Larus Gallery. It is your sole responsibility to maintain privacy, security, confidentiality of your website, network, date, information, account, passwords. You are responsible for any activities or actions that occur under your account, whether you authorized it or not. You agree to notify us immediately of any unauthorized use of your password and/or account. Larus Gallery, LLC will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. At its sole discretion, Larus Gallery, LLC reserves the right to deny service, remove or edit content, discontinue or terminate account, site or services without any prior notices.
Larus Gallery values the intellectual property rights of other individuals. If you feel anything on our site might be in violation of U.S. Copyright Act, please notify us immediately at email@example.com. Anybody caught attempting to infringe or violate copyright laws, will be removed from our site immediately and reported to appropriate parties.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Larus Gallery, LLC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Larus Gallery, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Larus Gallery is not responsible for any public display or misuse of your User Content. Larus Gallery, LLC does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Goods advertised may sometimes be unavailable. After you place an order through our website, you will receive an email confirmation from us. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Larus Gallery, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Larus Gallery, LLC does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Larus Gallery, LLC adopt nor endorse, nor is Larus Gallery, LLC responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Larus Gallery. Larus Gallery takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will Larus Gallery, LLC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
The service, is provided “as is”, without warranty of any kind. Without limiting the foregoing, Larus Gallery expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Larus Gallery, LLC makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
If you have a dispute with one or more users, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Larus Gallery, LLC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with Larus Gallery, LLC must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.