GOLDMAN GLOBAL ARTS GALLERY
TERMS & CONDITIONS
BY USING OR ACCESSING THIS WEBSITE, SUBSCRIBING TO OUR NEWSLETTER, OR ANY OTHER SERVICE PROVIDED BY COMPANY, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
Goldman Global Arts Gallery, LLC, a Florida limited liability company (referred to herein as “Company,” “we,” “our” or “us”) provides its web site, located at www.ggagallery.com (the “Website”), and access to its e-mail newsletter (the “Newsletter” and together with the Website and all mobile versions and applications and services operated thereunder by or on behalf of Company, collectively the “Service(s)”), to you, an individual user (“User”, “you” or “your”) for your individual usage, subject to compliance with these terms and conditions (referred to herein as “Terms & Conditions”, “Terms”, or “Agreement”).
By accessing any of the Services, you are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with anything contained in these Terms, you are prohibited from using or accessing the Services. The materials contained in the Services are protected by applicable copyright and trademark law. Please read these Terms carefully. If you do not agree to abide by these Terms, you agree not to use any of the Services, and we do not consent to providing you with access to any of the Services.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND AN AGREEMENT TO ARBITRATE ANY DISPUTES ARISING HEREUNDER. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY COMPANY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE, NEWSLETTER, OR ANY OTHER SERVICES.
Our Service is an informational platform, consisting primarily of informational materials and an e-mail-based Newsletter related to our art gallery located in the Wynwood district of Miami, Florida.
ARTWORK INQUIRIES; NEWSLETTER REGISTRATION
In order to access and receive some of our Services, such as our Newsletter or to inquire about artwork on the Website, you must provide us with your certain information as requested on the Website. This requires you to submit certain information to us, which may include, but is not limited to, your name, email address, phone number, and other relevant details. By requesting such Services, you consent to receiving e-mail and telephone communications from us from time to time. If you would like to change any information you submit to us, please contact us at firstname.lastname@example.org.
Our Newsletter is sent to Users through services provided by the third-party Sendinblue. By accepting these Terms, you also consent to any terms and conditions of Sendinblue related to your access to and use of the Newsletter. Sendinblue’s legal terms and policies can be accessed here: https://www.sendinblue.com/legal/termsofuse/.
By submitting any information to us, you further agree to the following:
- You are at least eighteen (18) years of age;
- You may never use another person’s information without their permission; and
- You must provide accurate and complete information.
We reserve the right to suspend or terminate your access to any of our Services in the event your use violates such obligations or if, after reasonable inquiry, we are unable to obtain information about you which is required to verify your identity, should the same be necessary. We may require you to provide additional information or documents to verify your identity, including your date of birth, physical address, taxpayer or other identification number, your physical address, government issued identification document or other information that will allow us to reasonably identify you.’’ You further acknowledge and agree that by making any inquiry related to artwork displayed on the Website, such inquiry does not mean that the specific, or any other, artwork will be available for purchase, and under no circumstance shall we be liable to you for any reason in connection with an inquiry you submit, or desire you have, to purchase any such artwork. If the artwork is available for purchase, separate terms and conditions for such purchase will be presented to you prior to or at the time of making such purchase.
You are responsible for any User Content uploaded on your behalf to the site. By "User Content" we mean any content you submit to us through the Website, which may include reviews, comments, image uploading, captions, participating in forums other such features that allow you to add content to the Website or even contacting us. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content at our sole discretion. You understand that once you submit User Content, your content may become public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit it through the Website.
If we allow you to upload User Content, you may not:
Provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right; forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate anyone else or lie about your affiliation with another person or entity in your User Content; use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Website, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
BUYING FROM GOLDMAN GLOBAL ARTS GALLERY
We are not responsible for determining the value, authenticity and the condition of any artwork or goods purchased by you (“Artwork”). You are solely responsible for due diligence required in purchasing any Artwork.
We are not responsible for and do not make any representations or warranties (express or implied) as to the Artwork offered for sale, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, or any other representation or warranty of any kind or nature.
All copyright subsisting in the Artwork shall remain with each applicable artist, unless otherwise agreed in writing.
THIRD PARTY LINKS
INTELLECTUAL PROPERTY AND CONTENT
All content contained on our Website or Newsletter, or otherwise available through the Services, is the property of Company and its third-party licensors or providers, if applicable. “Content” for purposes of this Agreement means any information, mode of expression, or other materials and services, including, but not limited to, all text, documents, articles, comments, products, software, graphics, photos, designs, pictures, paintings, visual art, sounds, videos, interactive features, services, links, and third-party apps, as well as any copyrights and trademarks, service marks and logos contained therein. You may access and use the content solely for your personal, non-commercial use. You may not re-distribute, re-purpose, re-publish, post, transmit, or distribute the content anywhere, whether in physical form or to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else, without our consent. You further agree not to create abstracts from or scrape our content, for use on another website or service (including our own personal forums and blogs, if available). Consequently, you may not post our content anywhere else online.
You acknowledge that you do not acquire any ownership rights in content on the Services by using the Services. We reserve all rights not expressly granted in and to the content.
Please note that notwithstanding the foregoing, if the Services allow you to post content (such as on a message-board or blog), you are not surrendering any copyright in your expressions, but you are granting Company an unlimited license to use it. Specifically, by posting any content, you agree that Company has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our Service. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please do not post it or otherwise contribute.
Goldman Global Arts Gallery is a trademark of Company. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. You agree not to display any of Company’s trademarks, or use them in any manner, without our express written permission.
This section shall survive any termination of these Terms.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate Website access of Users who infringe the intellectual property rights of others.
If a party believes that its work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DiSchino & Schamy, PLLC
Please also note that under 17 U.S. Code § 512, any person who knowingly misrepresents that material or activity on the Services is infringing may be subject to liability.
USE OF THE SERVICES; PROHIBITED ACTS
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit the Services anywhere, such as to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Services other than for your own personal, noncommercial use is a violation of our copyright and other proprietary rights and will subject you to legal liability.
In addition, in connection with your use of our Services, you agree not to:
- Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of "hacking" or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
- Disable, damage or alter the functioning or appearance of the Services, including the presentation of advertising;
- "Frame" or "mirror" any part of the Services without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- Harvest or collect information about visitors to and Users of the Services without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other Users of the Services;
- Transmit any content which contains software viruses, or other harmful computer code, files or programs; or
- Violate any applicable laws, rules and regulations in connection with your use of the Services and the content made available therein, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges.
We have the right to terminate your access to the Services, in our sole discretion.
DISCLAIMER OF WARRANTIES
Company does not warrant the completeness or accuracy of any content found in our Services or its usefulness for any particular purpose, and further makes no promises that such content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. The only promises or warranties we make are that we'll do our best to provide interesting and helpful information related to street art and public art.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICES, SUCH AS THE NEWSLETTER, IS PROVIDED "AS IS", “WHERE IS”, “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SERVICES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR SERVICES.
COMPANY AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS AND ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SERVICES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF COMPANY, LLC OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS OR VISITORS, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SERVICES ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SERVICES, INCLUDING THE NEWSLETTER. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF COMPANY, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE SERVICES HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, DURING THE PREVIOUS TWELVE (12) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
REVISIONS AND ERRATA
The content appearing on the Services could include technical, typographical, or photographic errors. We do not warrant that any of the content on the Services are accurate, complete, or current. We may make changes to the Services and any content therein, at any time without notice. We do not, however, make any commitment, nor are we under any obligation, to update the Services or any content therein.
MODIFICATIONS TO THESE TERMS
We reserve the right at any time to:
- Change the terms and conditions of these Terms;
- Change the Services, including eliminating or discontinuing the Newsletter, the ability to inquire about artwork, any content, or other features of the Services; or
- Impose fees, charges, subscriptions, or other conditions for use of the Services or parts thereof. We may modify the Services at any time without prior notice, and you accept those modifications if you continue to use the Services. You should check the Services frequently to see recent changes.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, both you and Company agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email Company at email@example.com with your concern and Company will contact you via the email address we have on file for you.
If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Florida: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.
You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at the address indicated below. If more than thirty (30) days have passed, you may not opt out of arbitration.
This agreement is and always will be governed by the laws of the United States of America and the State of Florida (except with respect to choice of law).
The Services are directed solely to individuals residing in jurisdictions in which provision of the content is legal. We make no representation that materials provided on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
These Terms, together with all policies referred to herein, constitutes the entire agreement between you and us relating to your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of these Terms.
If you have any questions or comments about these Terms, please contact us by email or mail at:
Goldman Global Arts Gallery, LLC
2214 NW 1st Place
Miami, FL 33127
Last Updated: June 1st, 2021