dvb gallery (“dvb gallery,” “we” or “our”) provides a service for viewing, selling and purchasing original works of art and through our website, accessible at www.dvbgallery.com (the “Site”),. Please read carefully the following terms and conditions (“Terms”). These Terms and any other policies listed on teh site, govern your access to and use of the Services, and constitute a binding legal agreement between you and dvb gallery.

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Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

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PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

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YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING AN ARTWORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

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If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

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Modifications to these Terms

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dvb gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to review these Terms regularly.

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Modifications to the Services

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We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), dvb gallery Content (as defined below) from the Services at any time without notice to you.

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Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state or federal laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

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Eligibility

 

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

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Purchaser Terms and Conditions

Purchases of Original Works of Art
 

You may purchase original works of art (“Original Works of Art”) of Art that are listed by us. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) if any, for which you are responsible and which will be separately identified on your receipt. dvb gallery and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of dvb gallery’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site. When you purchase Original Works of Art via other channels, such purchases will be subject to the terms and conditions of the applicable channels which will be presented to you at the time of purchase.

 

Order Cancellations

 

dvb gallery reserves the right to cancel any order for an Original Work of Art if Advb gallery determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on the Site. If dvb gallery cancels an order placed via the Site, dvb gallery will send you an email confirmation of such cancellation and you will not be charged for your order.

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Artist Terms and Conditions

Listing Works on the Services

 

As an Artist, you may submit listings for Original Works of Art that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art that were created by another artist. In order for your listings to be accepted, you must provide dvb gallery with all the information requested by dvb gallery and you must comply with any other dvb gallery requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing dvb gallery with a copy of a government-issued ID, tax identification, or similar documentation and information. Your listings must be accurate and complete and comply with dvb gallery content guidelines, which will be provided as part of a contractual agreemnt. dvb gallery reserves the right to reject any listings that do not comply with these guidelines or not considered to be in line with the esthetics of the curatorial team.

 

You acknowledge that dvb gallery reserves the right to promote and market Original Works of Art  through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art . You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Services with prior 15 day notice. 

 

Responsibility for Original Works of Art

 

You acknowledge and agree that you are solely responsible for all Original Works of Art. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art;  and (ii) none of the Original Works of Art you make available through the Services nor dvb gallery’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

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Online Sales

 

If you submit an Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant dvb gallery a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting dvb gallery, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.

 

If an Original Work of Art is sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and dvb gallery, these Terms will apply to the sale of such Original Work of Art.

 

dvb gallery and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or dvb gallery’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between dvb gallery and the third party website or dvb gallery’s Offline Sales partner, as applicable, to dvb gallery and share related shipping information, including the contact details of the purchaser where necessary, with dvb gallery.

 

For Original Works of Art only, dvb gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by dvb gallery, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. dvb gallerywill provide you with information regarding its preferred shippers with which dvb galleryt maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a dvb gallery preferred shipper account, dvb gallery will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to dvb gallery if you are using a dvb gallery preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, dvb gallery (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a dvb gallery preferred shipper or if you pay for the cost of shipping yourself, dvb gallery will reimburse you for the amount you paid for shipping, up to the amount that dvb gallery or the third party website charged the purchaser for shipping.

 

For sales of Original Works of Art via the Online Sales channels, dvb gallery will issue payment in an amount to be determined in accordance with dvb gallery’s then-current standard pricing and revenue share terms, which will be provided in the contructual agreement and identified as commissions (or the “Artist Revenue Share”); for sales of Original Works of Art via the Services, subject to dvb gallery's receipt of confirmation of delivery to the purchaser, dvb gallery will issue payment with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, dvb gallery will issue payment with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by dvb gallery, in its sole discretion.

 

You agree to comply with the terms and conditions of dvb gallery’s then-current Return Policy at www.dvbgallery.com/returns that are applicable to any Original Works of Art that are sold through the Services.

 

You will have the right to request dvb gallery to remit the Artist Revenue Share in accordance with a dvb gallery designated payment schedule. Upon the termination of these Terms or cancellation of your contract or representation, dvb gallery will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.

 

Terms for both Sellers and Purchasers

Transaction Restrictions

 

If you are an Artist and have submitted a listing for an Original Work of Art and have been contacted through the Services by another Purcahser with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art to such Purchaser independent of dvb gallery and the Services. Similarly, if you are a Purchaser and desire to purchase an Original Work of Art for which another Artist has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art from such Artist independent of the dvb gallery  and the Services. Violation of this provision may result in the termination of our Services to you as an artist or buyer, in addition to any other remedies available to dvb gallery including, without limitation, injunctive or other appropriate relief.

 

Taxes

 

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, or similar taxes or withholding taxes hat may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase and sale transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works, you acknowledge that dvb gallery will withhold the Taxes required to be withheld from the payments dvb gallery makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

 

For an artist living within the United States, a W9 Tax Form must be filled out for the sale of an Original Work.
 

If you are a purchaser of Original Works of Art, you acknowledge that Taxes will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

 

Color

 

You understand and agree that dvb gallery uses commercially reasonable efforts to display the colors of Original Works of Art accurately via the Services. However, because individual computer monitors may display colors differently, dvb gallery is not responsible for the color accuracy of any Original Works of Art displayed on the Services, and disclaims all liability in this regard.

 

dvb gallery Content

 

dvb gallery may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “dvb gallery Content”). dvb gallery authorizes you to download, view and print dvb gallery-owned Content solely for your personal use in visiting the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by dvb gallery, except for the licenses and rights expressly granted in these Terms.

 

General Prohibitions

 

You agree not to do any of the following:

 

Use, display, mirror or frame the Services, or any individual element within the Services, dvb gallery name, any dvb gallery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without dvb gallery’s express written consent;
Access, tamper with, or use non-public areas of the Services, dvb gallery’s computer systems or network, or the technical delivery systems of dvb gallery’s providers;
Attempt to probe, scan or test the vulnerability of any dvb gallery system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by dvb gallery.
Attempt to access or search Services, dvb gallery Content or or download dvb gallery Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Saatchi Art or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a dvb gallery trademark, logo URL or product name without dvb gallery’s express written consent;
Use Services, dvb gallery Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, dvb gallery Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or dvb gallery Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
 
dvb gallerywill have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. dvb gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that dvb gallery has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.