Terms and Conditions

TERMS OF USE

The following terms of use (“Terms” or “Agreement”) govern your use of www.arthunt-gallery.com (the “Website”). By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Website and must exit immediately.

INFORMATIONAL PURPOSES ONLY

The data on this Website is for informational purposes only. Without limiting anything else in these Terms or otherwise, Art Hunt is not responsible for any errors or omissions in the Website or Website Materials. Customer hereby acknowledges all conditions of purchase, shipping and returns.

PROPRIETARY RIGHTS

Art Hunt owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Website, as well as the selection, coordination, arrangement, and organization and enhancement of the Website Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Under no circumstances will you have any rights of any kind in or to the Website, other than the right to use the Website in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Website solely for such purposes without Art Hunt’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.

UNAUTHORIZED ACTIVITIES

You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) scraping, modifying, adapting or hacking into the Website or for modifying another Website so as to falsely imply that it is associated with Art Hunt; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has not explicitly requested to be contacted; or (e) attempting to gain unauthorized access to Art Hunt’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website.

MATERIALS SUBMITTED TO THE WEBSITE

The Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Website (“User Content”). Upon your submission of User Content or other material or information to Art Hunt , you grant Art Hunt a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. By submitting User Content, you hereby waive any rights to claim a violation of your intellectual property rights. All submissions of User Content shall become the sole and exclusive property of Art Hunt. Art Hunt reserves the right to restrict the submission of User Content and remove any content it deems, in its sole discretion, inappropriate or contrary to Art Hunt’s Website intent, image or other reason.

PAYMENTS TO THE WEBSITE

By purchasing products on the Website, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. All payments must be made by Mastercard, Visa, Discover, Paypal, and/or bank wire, other methods of payment including, but not limited to, check and/or money order are NOT accepted for Website purchases. All Purchases are subject to the terms as detailed herein.

THIRD PARTY WEBSITES AND CONTENT

Art Hunt does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party Websites or the transactions you conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the terms and conditions of such other websites. Art Hunt does not endorse any product, service, or treatment provided on a third party website or advertised on the Website.

PRIVACY STATEMENT

Art Hunt may use your IP address to help diagnose problems with our server, and to administer our web site. Your IP address is used to gather broad demographic information. Art Hunt may use cookies for other purposes as set forth below. Art Hunt Website’s registration form requires users to give us contact information (such as names and email addresses), unique identifiers (such as a username and password), and financial information (like account or credit card numbers). Art Hunt may use customer contact information from the registration form to send the user information about our company. The customer’s contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to bill the user for products and services. Unique identifiers are collected to verify the user’s identity and for use as account numbers in our record system.

LINKS AND INFORMATION

This Website may contain links to other sites. Art Hunt is not responsible for the privacy practices or the content of such web sites and disclaims any liability for any damages that may result from the use of such sites. From time to time, users have the opportunity to participate in special programs and will be able to opt in to programs that will transfer their information to other services. This will occur only with prior permission from the user. The Website uses an order form for customers to request information, products, and services. Art Hunt collects visitor’s unique identifiers and financial information (like their account or credit card numbers). Financial information that is collected is used to bill the user for products and services. Unique identifiers are collected from website visitors to verify the user’s identity and for use as account numbers in our record system. Art Hunt expressly disclaims any liability that may arise from the provision of any information whatsoever to this site. You, the user, do hereby agree to hold Art Hunt harmless regarding any liability that may arise from the provision of any information on this site or gained through this site. By using this site, you also represent and warrant that you have read, understood and agree to the terms stated in the Agreement, which is incorporated herein by reference. Pursuant to the Agreement, you agree that all information provided to ART HUNT, shall become the property of Art Hunt, subject to any exclusions so stated herein.

PUBLIC FORUMS

The Website may create chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.  Art Hunt expressly disclaims any liability that may arise from the provision of any information whatsoever to or in these forums. You, the user, do hereby agree to hold Art Hunt harmless regarding any liability that may arise from the provision of any information to these forums.

SECURITY

The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. This includes a customer record manager and other technical systems. Art Hunt is not responsible, however, for any loss or misuse of any information you may submit to this site. You do hereby agree to hold Art Hunt harmless regarding any damages that may result from the use of this site. The submission of information to this site is done solely at the user’s own risk.

SUPPLEMENTARY INFORMATION:

CHOICE/OPT-OUT

The Website provides users the opportunity to opt-out of receiving communications from our partners and us. (Please see below for further details). This site gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service. Simply email us at info@arthunt-gallery.com.

COOKIES, AND ART HUNT’S USE THEREOF

Art Hunt collects anonymous information through cookies. A cookie is a small piece of data containing a unique identification number that is sent to your browser from a web server, and is stored on your computer’s hard drive. The unique ID number identifies your browser to Art Hunt’s computers whenever you visit. Cookies do not enable anyone to access personally identifiable information that you have not already given us. Art Hunt primarily uses cookies to connect members with account information stored on Art Hunt computers. This helps Art Hunt deliver better and more personalized service. Art Hunt also uses cookies to estimate Art Hunt’s audience size for advertisers; to assist in processing items you may choose to purchase; identify the areas of the site you visit; to hold session information; and to track user preferences.

Cookies are part of the technology implemented by your browser. Most browsers are initially set up to accept cookies. You can reset your browser either to notify you when you have received a cookie, or to refuse them all together.

Art Hunt relies on cookies to preserve the Art Hunt identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a registered, signed-in member. By using this site, you do hereby agree to be bound by the terms set forth in this Agreement.

ART HUNT-GALLERY’S USE OF MEMBER INFORMATION

Two things drive decisions regarding the use of information collected from Art Hunt members: (1) improving user experience by offering personalized services and content, and (2) market research.

Art Hunt may analyze information provided directly by you, or obtained through cookies or third parties to direct services and content based on your interests. Art Hunt reserves the right to collect market research data in order to generate sales to corporate clients. However, market research data may be used at the aggregate level to:

(1) improve the likelihood of a sale to a group of Art Hunt members, (2) increase the likelihood that a group’s experience on Art Hunt’s Gallery is relevant to its interests as a whole, and (3) Formulate group-level statistical models that are used to accomplish goal (2) (above).

Art Hunt’s market research may be collected through general use of the site.

INFORMATION LOGGED BY ART HUNT

When you surf the Internet, your browser automatically transmits information to the sites you visit throughout every visit. Examples of such information include referral data (URL of the web page you were on before coming to Art Hunt), IP address and your browser version. We collect this information to help improve our services and moderate the site. All the information that is automatically submitted by your browser is considered anonymous. Art Hunt also logs information you submit through registration, forms for optional programs, surveys and other entries, cookie data and communications transmitted through Art Hunt applications. Only authorized Art Hunt staff has access to your information in its entirety. Other employees may have access to bits and pieces of this information if it pertains to their job duties.

WHAT IS ART HUNT’S INFORMATION RETENTION POLICY?

To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by members for an indefinite length of time. Art Hunt understands your submissions as consent to store all your information in one place for this indefinite length of time, if we so wish. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), we will nullify member information by erasing it from our database. We will also respond to written member requests to nullify account information. If you wish to make such a request, which requires that we verify your identity, or if you have any questions regarding this policy, contact Art Hunt at info@arthunt-gallery.com. Also, by using this site, you do hereby represent and warrant that you understand and agree that all information submitted by you to Art Hunt becomes the property of Art Hunt and may be used at the sole discretion of Art Hunt in accordance with this Privacy Policy and the User Agreement.

ART HUNT SECURITY OF COLLECTED INFORMATION

Your Art Hunt Profile is password-protected so that only you and authorized Art Hunt employees have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who says they are Art Hunt staff asks for any personal account information, including your password, contact info@arthunt-gallery.com to confirm this as it is highly unlikely after the initial sign-up period. Also, if you share a computer, you should sign out of your Art Hunt account and close the browser window before someone else logs on. This will protect your information on public terminals.

Art Hunt makes every effort to ensure that your information is secure on its system. Extremely sensitive information, like credit card numbers, is always transmitted in encrypted form. Only authorized Art Hunt employees can access this information (and only if it is relevant to their job duties). Art Hunt has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing web security and making sure that every Art Hunt employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, Art Hunt cannot guarantee the security of any information you transmit to us, and you do so at your own risk. If you have any further questions on this issue, refer to the terms of the User Agreement. Art Hunt expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this site.

WITH WHOM DOES ART HUNT SHARE INFORMATION?

When you submit information to Art Hunt, it is generally collected, processed and maintained solely by us. Sometimes we may allow partner companies to collect information about members from us or directly from you (through their web site). When Art Hunt is the source, it is usually so that we can provide a service with a partner. We choose to work with upstanding companies that will treat your information responsibly. But, since we don’t own these companies, we can’t speak for them on privacy issues. Before telling them about yourself, check out their privacy statements. If you are not satisfied with their information practices, you can choose to not use their service.

Below is a summary of some of the situations in which Art Hunt might share information:

CO-BRANDING

Some of our services are offered in conjunction with partner companies. In order to provide these services, Art Hunt may choose to share some of your user data (e.g., including, but not limited to, user name and email address).

CONTENT PARTNERS

Some Art Hunt content is “sponsored by” or “presented by” other companies. Art Hunt typically shares market research data collected on the site or via email surveys with these partners. This information is typically aggregate and not linked to specific users.

Finally, Art Hunt reserves the right to disclose user information from both private and public areas of the site at our discretion to anyone or no one at all, if required by law or if given reason to believe, at our sole discretion, that someone is causing injury to or interference with the rights of Art Hunt members or the general public, or with Art Hunt’s rights of property. Please be advised, however, that all information submitted by you to Art Hunt-Gallery becomes the property of Art Hunt. By submitting this information, you do hereby agree to allow Art Hunt to use such information at its sole discretion pursuant to the terms of the User Agreement.

Specifically, we may also share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to the services we provide.

ART HUNT’S OPT-IN/OUT POLICY

During registration you agree to receive correspondence from either Art Hunt or its partners. This information remains on your profile where you can, at any point, easily edit it to indicate that you have changed your mind. Simply email us at info@arthunt-gallery.com. If you purchase anything through Art Hunt, we may occasionally contact you with information about special events, sales, and activities. You always have the option to ask Art Hunt not to contact you with this information again.

If you receive unsolicited email from, or apparently from, the Art Hunt domain, please contact us at info@arthunt-gallery.com.

HOW CAN ART HUNT MEMBERS EDIT THEIR INFORMATION?

Art Hunt believes in giving you the ability to access and edit your personal information. Mailing list preferences can be edited from the navigation bar. There you can view, update and correct your account information. You may edit your profile at any time — all you need is your username and password. Any changes/requests for further information should be directed to info@arthunt-gallery.com.

So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter. For example, since children under 18 are not allowed to register as Art Hunt members, we need to take reasonable measures to preserve the accuracy of our members’ ages. Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remain in our databases and become the property of Art Hunt upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.

ART HUNT AND THE PROTECTION OF CHILDREN’S PRIVACY

Art Hunt is intended for people 18 or over. Our registration process is intentionally designed to identify children under 18 years of age. We have also made an effort to specifically limit Art Hunt to appeal to people of age 18 and older. Art Hunt will not knowingly collect any information from children under 18.

If it comes to our attention that a member has revealed, on Art Hunt, that they are under 18, a member of Art Hunt’s staff will immediately close their account.

Note to parents:

If your child is under 18 and has become an Art Hunt member using a false age, please notify us at info@arthunt-gallery.com so that we can immediately close the account and nullify all personally identifiable information collected from them. If your child is under the age of 18 and you would like to know more about our site, information practices, stored information on your child, or how to close your child’s account, contact Art Hunt’s staff at info@arthunt-gallery.com. In both instances, you will need to provide your full name, address, phone number, email address and your child’s user name.

NOTIFICATION OF CHANGES:

Art Hunt’s security and privacy policy are periodically reviewed and enhanced as necessary. This policy might change as Art Hunt updates and expands its services. Art Hunt will contact you via email and post notification if there are any material changes in its privacy practices. Art Hunt also encourages you to also check out the privacy policy periodically. By using the site, you do hereby represent and warrant that you have read, understood and agree to all the terms of this Privacy Policy and User Agreement. Each time you use the site, you agree to all the terms set forth by Art Hunt in both its Privacy Policy and User Agreement and any other policies published by Art Hunt on the site. If you do not understand any of the terms or conditions of any of Art Hunt’s policies, you may inquire regarding the same via email at info@arthunt-gallery.com.

DISCLAIMER

Art Hunt and its officers, directors, shareholders, employees, agents, assigns subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Website Material, links, advertisements or other items contained within the Website. Art Hunt reserves the right to immediately remove any User Content or Website Material for any reason or for no reason. Art Hunt cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion.

THE WEBSITE, THE WEBSITE MATERIALS, USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. ART HUNT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. 11. LIABILITY. ART HUNT AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ART HUNT HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ART HUNT AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE WEBSITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE WEBSITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ART HUNT AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

If you are dissatisfied with the Website, or with any of these Terms, or feel Art Hunt has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.

INDEMNIFICATION

You shall indemnify Art Hunt and its members, shareholders managers, directors, officers, employees, agents, contractors and licensors (“Art Hunt Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Materials, User Materials, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to Art Hunt), or any breach by you of these Terms and shall indemnify and hold Art Hunt Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or incurred in connection with such Claims.

NOTICE

For notice of any violation, breach or claim arising out of the use of this Website, please send to Art Hunt at info@arthunt-gallery.com, a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

CHANGES TO THESE TERMS

Art Hunt reserves the right at any time to modify, alter or update these Terms. Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made. Art Hunt reserves the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Art Hunt with untrue or inaccurate information about yourself, for infringement upon Art Hunt’s proprietary rights, or for any other reason whatsoever or for no reason.

GOVERNING LAW AND JURISDICTION

By accessing this Website, you agree, and supersede any and all prior agreements, express and implied between you and Art Hunt, that you consent to the express jurisdiction of the Courts of the State of Mississippi, in the County of Rankin. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties under this Agreement shall be governed by the internal laws of the State of Mississippi, without regard to conflicts of law rules. The parties hereto agree that the state and federal courts sitting in the State of Mississippi and County of Rankin shall be the proper forums for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.

WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. The invalidity or lack of enforceability of any provision or provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision(s) of the Terms and Conditions, which shall remain in full force and effect.

MISCELLANEOUS

The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, Art Hunt makes no representation that the Website, Website Materials, User Materials, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Art Hunt to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

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