Effective Date: These Modern Art Etc. Terms and Conditions (the "Agreement") was last updated on 2020.
"Modern Art Etc" is the registered trademark of Modern Art Etc., Inc.
- INTRODUCTION. The Terms and Conditions set forth below constitute the Agreement between you, the site visitor (“you”, “your”), and Modern Art Etc., Inc. (“us”, “we”, “our”), with respect to your use of our website located at www.modernartetc.com (the “Site”) and your purchase of art and photographs from the Site. The Site is an online gallery, and may also be referred to as “Gallery” below. When you use the Site, whether to visit and browse, or to make purchases, you agree to this Agreement and our Privacy Statement. If you do not agree to this Agreement or our Privacy Statement, you should immediately cease using the Site. If you wish to purchase Artwork (as defined below) through the Site, you hereby affirm to us that you are at least 18 years of age.
- MODIFICATION OF THIS AGREEMENT. We reserve the right at any time, to modify, alter, or update this Agreement, i.e., the terms and conditions set forth below, without prior notice. Modifications shall become effective immediately when we post them on the Site. We will try to update the Effective Date, above, each time we update the Site. You should periodically review this Agreement to see if it has been updated since your last visit. Your continued use of the Site after any update or modifications are posted constitutes your acceptance of the Agreement as modified.
- HOW THE SITE WORKS. When you visit the Gallery, you are able to browse through art and photographs (“Artwork”) posted on behalf of many talented artists and photographers (“Artist(s)”). The Artwork is available for your purchase from the Gallery. We make the Artwork available to you under license from the Artists, and as with most quality art, the Artist retains the copyright in the Artwork, and you have the right to enjoy the Artwork, and to transfer it to others.
- PROPRIETARY RIGHTS. The Gallery owns or licenses, or otherwise has rights to display, all data, text, 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 Site (“Site Material”), as well as the selection, organization, “look and feel,” arrangement, and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Material. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with this Agreement and applicable law. The Site is © Modern Art Etc., Inc. 2012, with all rights reserved. Modern Art Etc.™ and the Modern Art Etc. logo are trademarks of Modern Art Etc., Inc.
- SHIPPING REFUNDS AND EXCHANGES - The terms as stated under our shipping policy applies. We reserve the right not to fulfill any order and refund the full amount of any payments made at our sole discretion.
- UNAUTHORIZED ACTIVITIES. You agree that you will not do any of the following with respect to the Site: (a) engage in any illegal or unauthorized purposes that violate any laws (including import, export, online or ecommerce and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Gallery; (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 Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
- DISCLAIMER OF WARRANTY. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, SITE MATERIAL OR THE PURCHASE AND SALE OF ARTWORK THROUGH THE SITE, OR INFORMATION PROVIDED ON THE SITE OR IN RELATION TO THE ARTWORK, IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, TIMELINESS OR OTHERWISE. THE GALLERY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTION IN THE USE OF THE SITE, AND DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED. THE GALLERY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION OR ARTWORK PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU DOWNLOAD ANY INFORMATION OR MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
- YOUR MATERIALS SUBMITTED TO THE SITE. In the event that the Site permits you to contribute comments, content, information, text, files, graphics, audiovisual materials, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”), you will retain ownership of all such User Content. With respect to such User Content, the Gallery functions merely as an Internet Service Provider under the Digital Millennium Copyright Act of the United States. Notwithstanding the foregoing, the Gallery reserves the right to monitor User Content to ensure your compliance with applicable law, and to prevent any User Content that is defamatory, pornographic, in bad taste, or that infringes upon the rights of any third party. If you believe that anything on the Site infringes the rights of any party, please contact us immediately at firstname.lastname@example.org in an email entitled Re: Infringement. Upon your submission of any User Content to the Gallery, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works of, and sublicense, the User Content, in any media now existing or hereafter created, without paying you any compensation.
- THIRD PARTY SITES AND LINKS. The Gallery is not responsible for, and disclaims all liability for, any activity that takes place when you are on any third party website, i.e., off the Site, even if you connected to such third party website via a hyperlink on the Site. All such links are provided for your convenience only. Therefore, you need to pay special attention to the Terms and Conditions of Use and Privacy and Security Policies that govern such third party websites, as they will apply to your activities on such websites. With respect to third party links to the Site, all such links require our express permission, please contact us at in an email entitled Re: Website Links.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GALLERY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED ON IT, OR YOUR USE OF THE SITE OR YOUR ORDERS PLACED THROUGH THE SITE AND/OR WITH THE GALLERY OR FOR YOUR PURCHASES OF ARTWORK THROUGH THE SITE AND FROM THE GALLERY, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, BY STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT DESPITE THIS LIMITATION OF LIABILITY THE GALLERY IS FOUND LIABLE FOR ANY DAMAGES, THEN YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUCH DAMAGES SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF MONEY YOU HAVE PAID TO THE GALLERY OR $100. IN ADDITION, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE WITH RESPECT TO THE GALLERY MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CLAIM FIRST HAVING ARISEN.
- INDEMNIFICATION. You agree to indemnify, defend and hold the Gallery, our subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party arising out of your use of the Site, your violation of this Agreement or of applicable law.
- GOVERNING LAW; GENERAL. This Agreement (and the operation of the Site) shall be governed by the laws applicable in California, without regard to its choice or conflicts of law provisions. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement. No text or information set forth on any purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and the Gallery as a result of this Agreement or use of the Site. The failure of a party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. This Agreement (together with the Privacy Statement) comprises the entire agreement between you and the Gallery, and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. There are no third-party beneficiaries to this Agreement. You may not assign your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. The Site is offered from servers located in the United States, and is subject to applicable law in the United States. We do not attempt to comply with applicable law in every country from which a visitor or user might access the Site, place an order or take delivery of Artwork.
- NOTICES AND CONTACT INFORMATION. Any legal notice must be mailed to us at: Corporate office address: Modern Art Etc., Inc., Attn: Managing Director, 1601 Vine Street, 6th Floor, Los Angeles, CA 90028.