TERMS OF USE

INTRODUCTION

Welcome to Larus Gallery. By using Larus Gallery website for your original artwork, you, whether you are an artist, member, visitor (browsing Larusgallery.com), collector, etc. are agreeing to comply to the following terms and conditions of use, which together with our privacy policy govern Larus Gallery’s relationship with you in relation to this website. If you do not agree to these Terms and Conditions, you may not continue browsing Larusgallery.com and can not access it.

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.

ELIGIBILITY

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.

PRIVACY POLICY

Larus Gallery respects the privacy of its Service users.  Please refer to Larus Gallery’s Privacy Policy (found here: www.larusgallery.com/privacypolicy) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

 

COPYRIGHT INFORMATION

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 customerservice@larusgallery.com. Anybody caught attempting to infringe or violate copyright laws, will be removed from our site immediately and reported to appropriate parties.

INTELLECTUAL PROPERTY

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.

 

LICENSE GRANT

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.

 

USE RESTRICTIONS.

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.

Though Larus Gallery, LLC strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. Larus Gallery, LLC reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  (E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.) Larus Gallery, LLC shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us Customerservice@larusgallery.com.

 

 

WARRANTY DISCLAIMER

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

To the extent permitted by applicable law, in no event shall Larus Gallery, LLC, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with Larus Gallery, LLC; (e) breach of these terms of use or violation of any law; or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Larus Gallery, LLC has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

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.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of Larus Gallery’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Larus Gallery.  No purported waiver or modification of this Agreement by Larus Gallery via telephonic or email communications shall be valid.

 

GENERAL TERMS

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.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Florida without regard to conflict of law provisions. Larus Gallery may assign or delegate these Terms of Use and/or Larus Gallery’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Larus Gallery’s prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy at www.larusgallery.com/privacypolicy represent the complete and exclusive statement of the agreement between us rand that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement. There is no agency, employee-employer, joint venture or partnership created through this Terms of Use.