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Terms
and Conditions
The
Woodbridge Gallery maintains this website as an online art selling
and buying service. Access to this website is subject to the terms
and conditions set forth below. Your use of the website signifies
your acceptance of this agreement. If you do not agree to comply
with this agreement, please do not use the website.
The
Woodbridge Gallery reserves the right to make changes in the programs,
policies, products and services described in this website at any
time without notice. A user who uses, or makes decisions based on
information contained in this website does so at the user's own
risk. By accessing this website, the user agrees to hold The Woodbridge
Gallery and its affiliates harmless against any claims for damages
arising from any decisions that the user makes based on such information.
The Woodbridge Gallery
is an art selling and buying cooperative advertising company and
is not an art broker. The cooperative advertising program involves
pooling advertising resources with those of other sellers to maximize
exposure to potential buyers of art. The Woodbridge Gallery is not
involved in any negotiation for sale, closing or procuring of buyers;
and The Woodbridge Gallery forwards all inquiries about your art
directly to you and allows you to negotiate the sale of your art
without the involvement of any broker and without any commission.
The Woodbridge Gallery
cannot and does not appraise the value or price of your art. The
sales price of your art has been established by you, the owner,
and The Woodbridge Gallery has made no representations as to the
sales price that you may receive. Although your art will be exposed
to millions of potential buyers as a result of The Woodbridge Gallery
advertising program, The Woodbridge Gallery does not have a specific
buyer at the present time. The Woodbridge Gallery is not affiliated
with any third party organization, and is not a art broker, so you
will be negotiating directly with the potential buyer for the sales
price.
The Woodbridge Gallery
has made no representations as to the period of time that it will
take to sell your art, the success rate of our advertising program,
or the sales price that you may receive. The marketing period and
sales price is determined by market conditions, and the type of
art you desire to sell. Because we are an advertising company, and
are not involved in the sale, or the negotiation for sale, we are
unable to provide you with statistics of the percentage of sales
as a result of our advertising program.
Even
though The Woodbridge Gallery is an advertising company that may
do extensive advertising in print, the radio, search engines and
other advertising mediums to drive buyers to our website, we do
not specifically advertise your art in our advertising program.
Your advertisement is on The Woodbridge Gallery website, but not
specifically on the other advertisements.
Membership
Eligibility
Our services
are available only to, and may only be used by individuals who can
form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to children (persons
under the age of 18). If you are under the age of 18, you can use
this service only in conjunction with, and under the supervision
of your parents or guardians. If you do not qualify, please do not
use our website.
Please be aware
that certain areas on The Woodbridge Gallery may contain adult or
mature content. You must be at least 18 years of age to access and
view such areas.
Disclaimer
INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE WOODBRIDGE GALLEERY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WOODBRIDGE GALLERY DISCLAIMS
LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
Registration
Obligations
In consideration of your use of The Woodbridge Gallery, you agree
to provide true, accurate, and complete information about yourself
as prompted by the registration form and maintain and promptly update
the Registration Data to keep it accurate, current and complete.
If you provide any information that is untrue, inaccurate, or incomplete,
or The Woodbridge Gallery has reasonable grounds to suspect that
such information is untrue, inaccurate, or incomplete, The Woodbridge
Gallery has the right to suspend or terminate your account and refuse
any and all current or future use of The Woodbridge Gallery.
Restrictions
This website is owned and operated by The Woodbridge Gallery. Modification
of any material from this website or use for any other purpose is
a violation of the The Woodbridge Gallery copyright and other proprietary
rights. Use of any such material from this website on any other
website or computer environment is prohibited.
You agree to not use The Woodbridge Gallery to upload or post any
content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable. You
agree not to upload or post any content that infringes any patent,
trademark, copyright or other proprietary rights of any party.
You acknowledge that The Woodbridge Gallery does not pre-screen
content, but that The Woodbridge Gallery shall have the right, but
not the obligation in their sole discretion to refuse or move any
content that is uploaded or posted on The Woodbridge Gallery. The
Woodbridge Gallery shall have the right to remove any content that
violates the Terms of Use or is otherwise objectionable.
License
The Woodbridge Gallery does not claim ownership of content you
upload, post or make available on The Woodbridge Gallery. However,
with respect to content you submit to The Woodbridge Gallery, you
grant The Woodbridge Gallery the following world-wide, royalty free
and non-exclusive license(s), as applicable:
The content you submit to The Woodbridge Gallery, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such content on The Woodbridge Gallery. This license exists
only for as long as you elect to continue to include such content
on The Woodbridge Gallery and will terminate at the time you remove
such content from The Woodbridge Gallery.
With respect to content other than art, photos or graphics you
submit to The Woodbridge Gallery, the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such content
into other works in any format or medium now known or later developed.
Copyright /
Trademark Compliance & Complaints
The Woodbridge Gallery honors the intellectual property rights
of others. If you believe that your work has been copied or used
on this site in a way that constitutes copyright or trademark infringement,
please notify The Woodbridge Gallery. The Woodbridge Gallery does
not reproduce or create any products that it offers on its site.
Upon receipt of any bona fide claim of infringement, or upon becoming
aware of any actual or alleged infringement by any other means,
The Woodbridge Gallery will remove such actual or alleged infringing
products from the site pending our investigation.
Limitation
of Liability
Under no circumstances shall The Woodbridge Gallery be liable for
any damages, direct, special, incidental, consequential, punitive
or exemplary or otherwise, that result from the use of, or the inability
to use, the materials on this website, even if The Woodbridge Gallery
or a The Woodbridge Gallery authorized representative has been advised
of the possibility of such damages. As this website is operated
by The Woodbridge Gallery from within the United States of America.
This agreement shall be governed by and enforced in accordance with
the laws of the State of Connecticut. If a court of competent jurisdiction
finds any part of this agreement void or unenforceable, the remainder
should be enforced and the court should use its authority to amend
it in order to fulfill the stated purposes of this agreement to
the fullest extent permitted by law.
Notices
Except as explicitly stated otherwise, any notices shall be given
by postal mail to The Woodbridge Gallery Attn: Legal Department
56 Sperry Road, Bethany, CT 06524 (in the case of The Woodbridge
Gallery) or to the email address you provide to The Woodbridge Gallery
during the registration process (in your case). Notice shall be
deemed given 24 hours after email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to The Woodbridge Gallery
during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
Resolution
of Disputes
In the event a dispute arises between you and The Woodbridge Gallery,
our goal is to provide you with a neutral and cost effective means
of resolving the dispute quickly. Accordingly, you and The Woodbridge Gallery
agree that any claim or controversy at law or equity that arises
out of this Agreement or our services ("Claims") shall be resolved
in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting
to these alternatives, we strongly encourage you to first contact
us directly to seek a resolution and we will consider reasonable
requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation, as an alternative to litigation.
1. Binding Arbitration. For any Claim (excluding
Claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000, you or The Woodbridge Gallery
may elect to resolve the dispute through binding arbitration conducted
by telephone, on-line and/or based solely upon written submissions
where no in-person appearance is required. In such cases, the arbitration
shall be administered by the American Arbitration Association or
JAMS in accordance with their applicable rules, or any other established
ADR provider mutually agreed upon by the parties. Any judgment on
the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
2. Court. Alternatively, any Claim may be adjudicated
by a court of competent jurisdiction located in the State of Connecticut
or where the defendant is located (in our case New Haven, Connecticut,
and in your case your home address or principal place of business.
You and The Woodbridge Galleryagree to submit to the personal jurisdiction
of the courts located within the State of Connecticut.
3. Alternative Dispute Resolution. Alternatively,
The Woodbridge Gallery will consider use of other alternative forms
of dispute resolution, such as binding arbitration to be held in
the State of Connecticut or another location mutually agreed upon
by the parties.
All Claims (excluding requests for injunctive or equitable relief)
between the parties must be resolved using the dispute resolution
mechanism that is selected in accordance with this Section by the
first party to file a Claim. Should either party file an action
contrary to this Resolution of Disputes Section, the other party
may recover attorneys' fees and costs up to $1000, provided that
the party seeking the award has notified the other party in writing
of the improperly filed Claim, and the other party has failed to
withdraw the Claim.
Copyright Notice
Copyright © 2006 by The Woodbridge Gallery. All the text, graphics,
audio, design, software, and other works are the copyrighted works
of The Woodbridge Gallery. All Rights Reserved. Any redistribution
or reproduction of any materials herein is strictly prohibited.
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