Legal Terms
Ownership Of Copyright.
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Spot on Art Gallery and its licensors.
Copyright License.
Spot On Art Gallery grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory.
Spot On Art Gallery does not grant you any rights in relation to this website or the material on this website. In other words, all rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Spot On Art Gallery prior written permission.
Data Mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by writing to info@spotonartgallery.com or
Spot On Art Gallery
PO Box 356
Lake Grove, New York
11755
Enforcement of Copyright
Spot On Art Gallery takes the protection of its copyright very seriously.
If Spot On Art Gallery discovers that you have used its copyright materials in contravention of the license above, Spot On Art Gallery may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Spot On Art Gallery copyright materials that contravenes or may contravene the license above, please report this by email to info@spotonartgallery.com or by writing to:
Spot On Art Gallery
PO Box 356
Lake Grove, New York
11755
Infringing Material
If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to info@spotonartgallery.com or by writing to:
Spot On Art Gallery
PO Box 356
Lake Grove, New York
11755
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
TERMS AND CONDITIONS OF USE AND SALE
Welcome to Spot On Art Gallery. Our services and products are provided subject to the following terms and conditions. By visiting and using SpotOnArtGallery.com (the “Website”) you consent to the following terms and conditions and agree to be bound by the following terms and conditions. Please read them carefully.
License to Use Website
Unless otherwise stated, Spot On Art Gallery and/or its licensors own the intellectual property rights to the Website and any and all material on the Website. Subject to the license below, all these intellectual property rights are reserved.
We grant you a limited, revocable license to access and make personal use of the Website as our customer. However, you are not permitted to:
- reproduce, duplicate, redistribute, copy, sell, rent, sub-license or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content located on the Website ("Website Content") for any personal or commercial purpose, except as expressly provided;
- show any Website Content from the Website in public;
- edit or otherwise modify the Website Content on the Website or otherwise;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the Website's name or trademarks used on the Website;
- engage in any activity that interferes with the Website or another user's ability to use the Website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website;
- assist or encourage any third party in engaging in any activity prohibited by these terms and conditions;
- use the Website in any way that causes, or may cause, damage to the Website or the Website Content or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Spot On Art Gallery express written consent;
- use the Website to transmit or send unsolicited commercial communications;
- use the Website for any purposes related to marketing without Spot On Art Gallery's express written consent.
Any use of the Website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Restricted Access
Access to certain areas of the Website is restricted. Spot On Art Gallery reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at Spot On Art Gallery's discretion.
If Spot On Art Gallery provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure and agree and warrant that the user ID and password will be kept confidential.
Spot On Art Gallery may disable your user ID and password in Spot On Art Gallery's sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to Spot On Art Gallery a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Spot On Art Gallery the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Spot On Art Gallery or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Spot On Art Gallery reserves the right to edit or remove any material submitted to the Website, or stored on Spot On Art Gallery servers, or hosted or published upon the Website.
Notwithstanding Spot On Art Gallery's rights under these terms and conditions in relation to user content, Spot On Art Gallery does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
No Warranties
The Website is provided “as is” without any representations or warranties, express or implied. Spot On Art Gallery makes no representations or warranties in relation to the Website, Website Content or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, Spot On Art Gallery does not warrant that, including, but not limited to:
- the Website will be constantly available, or available at all; or
- the information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Electronic Communications
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Website by creating and account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Spot On Art Gallery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Return Rights
We are committed to assuring that our customers are completely satisfied. By using the Website and making any and all purchases from the Website, you agree and consent to the Return Policy outlined on the Website.
Pricing
Notwithstanding the product prices shown on the Website, we cannot confirm the price of an item until you order. Spot On Art Gallery reserves the right to change the price of any product at any time. As a result, the products on the Website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Website. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order within five (5) hours of placing the order.
Acceptance of Order
Spot On Art Gallery reserves the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax
Items shipped to destinations in the states of California, Connecticut, Illinois, Kentucky, Massachusetts, New York, North Carolina and Ohio are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax. Customers purchasing items destined for Colorado are reminded that sales tax is due on purchases of our products and that the State of Colorado requires you to file a sales tax return. We are not required, and do not collect Oklahoma or South Dakota sales or use tax. Purchases shipped to Oklahoma or South Dakota are subject to Oklahoma or South Dakota use tax unless they are specifically exempt from Taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The States of Oklahoma and South Dakota require Oklahoma and South Dakota purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the Oklahoma individual income tax return Form 511 or by filing a consumer use tax return Form 21-1. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website,www.tax.ok.gov. Further information and tax forms for the State of South Dakota can be can be found at the South Dakota Department of Revenue website.
International Buyers – Please Note:
Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to buying.
Product Descriptions
Spot On Art Gallery attempts to describe the offered products as accurately as possible. However, Spot On Art Gallery does not warrant that product descriptions or other content of the Website are entirely accurate, complete, reliable, current or error-free. If you purchase a product from Spot On Art Gallery that is delivered not as described, your sole remedy is to return it in unused condition pursuant to the Return Policy.
Some images will have small print at the bottom. This is copyright information, which Spot On Art Gallery is legally not permitted to remove. Since the font is generally very small, there are times that it does not appear on the image as it is viewed on the Website. By purchasing a product or placing an order with Spot On Art Gallery you consent to any and all copyright information located on the product and waive any right to a return of the product due to the existence of the copyright information on any product or Giclee.
Limitations of Liability
Spot On Art Gallery will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website for any loss, including, but not limited to:
- any direct loss;
- any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product;
- any indirect, special or consequential loss; or
- any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Spot On Art Gallery has been expressly advised of the potential loss.
Reasonableness
By using the Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions and the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
Cookies
As fully set forth in the Privacy Policy, the Website uses cookies. By using the Website you agree and consent to Spot On Art Gallery's use of cookies in accordance with the terms of Spot On Art Gallery's Privacy Policy.
Other Parties
You accept that, as a limited liability entity, Spot On Art Gallery has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Spot On Art Gallery's officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms and Conditions and the Website disclaimer will protect Spot On Art Gallery's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Spot On Art Gallery.
Indemnity
You hereby indemnify Spot On Art Gallery and undertake to keep Spot On Art Gallery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Spot On Art Gallery to a third party in settlement of a claim or dispute on the advice of Spot On Art Gallery's legal advisers) incurred or suffered by Spot On Art Gallery arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breach of the Terms and Conditions
Without prejudice to Spot On Art Gallery's other rights under these terms and conditions, if you breach these terms and conditions in any way, Spot On Art Gallery may take such action as Spot On Art Gallery deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
Spot On Art Gallery may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to any and all past and future users and customers and to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Spot On Art Gallery may transfer, sub-contract or otherwise deal with Spot On Art Gallery's rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These Terms and Conditions, together with Privacy Policy, Return Policy and Copyright Policy, constitute the entire agreement between you and Spot On Art Gallery in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of New York and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York State.
Spot On Art Gallery’s registered address is:
Spot On Art Gallery
PO Box 356
Lake Grove, New York 11755
You can contact Spot On Art Gallery by email to info@spotonartgallery.com
This document was created using a Contractology template available at http://www.freenetlaw.com.
At Spot On Art Gallery we value our customers and your business and we know that privacy is important to you. As a result, we have implemented the following Privacy Policy to inform you about the information that we collect from you, why we collect information from you, and what your information is used for. By using this website you consent and accept the terms of this Privacy Policy.
What Information Do We Collect?
We collect personal information from you when you create an account with Spot On Art Gallery, place an order, subscribe to our newsletter, respond to a survey, or take advantage of specials and promotions. For example, depending on what you are doing, we will collect and ask for your name, email address, telephone number, home address, date of birth, credit card or payment information. To further assist us in customizing your visit to Spot On Art Gallery, we may ask you about your personal interests.
What Do We Use Your Information For?
The satisfaction and protection of our customers is our number one priority. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent. This does not include trusted third parties who assist us in operating our website, conducting our business, or providing customer service. Your information is used for internal purposes only in the following ways, which include, but are not limited to:
- Personalizing your experience so that we can better respond to your individual need;
- Improving our website based on the information and feedback we receive from you;
- Improving customer service so we can efficiently and effectively respond to your requests and support need;
- Processing orders and transactions;
- Keeping you informed about your order;
- Sending periodic e-mails informing you about new features, new services and special offers we think you will find valuable;
- Providing customer support;
- Providing, maintaining, evaluating and improving our products and services.
We may disclose your personal and non-personal information to any successor-in-interest, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
How Do We Protect Your Information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Protecting our customers is our main priority. However, no method of transmission over the internet is fully secure. Therefore, although we strive to use industry acceptable means to protect personal information, we cannot guarantee absolute security. We assume no liability for any disclosure of personal or non personal information due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
Cookies and IP Addresses.
We also collect additional non personal information such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. This information cannot be easily used to personally identify you. We may use this information to help us diagnose problems with our server and to administer our website.
Spot On Art Gallery also uses cookies. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart and compile data about site traffic, website usage and site interaction so that we can offer a better site experiences and tools in the future. This non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Third Party Links.
Occasionally, we may include or offer third party products or services on our website. These third party sites have separate privacy policies. We therefore are not liable for the content and activities of these linked sites. This privacy statement applies solely to information collected by Spot On Art Gallery. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children's Online Privacy Protection Act Compliance.
Our website and services are intended for individuals over the age of eighteen (18). We will not knowingly collect and/or use any personal information from persons known to be under the age of eighteen (18). Additionally, if we learn that information has been obtained from someone under the age of eighteen (18), it will be promptly deleted.
Online Privacy Policy Only.
This online privacy policy applies only to information collected through our website and not to information collected offline.
Updating Your Personal Information.
If you wish to review, change or remove any personal information previously provided to Spot On Art Gallery, to the extent that such information has been saved, please contact us at support@spotonartgallery.com.
Promotions and Newsletters.
If you are no longer interested in receiving any e-mails from Spot On Art Gallery, including any announcements, promotions or other marketing information, please e-mail us at support@spotonartgallery.com. Please include your complete name, e-mail address and mailing address. This does not include customer service related communications from us.
Changes to our Privacy Policy.
Any and all changes to our privacy policy will be promptly posted on this page and will become effective upon posting. Any new policy will apply to all current and past customers and users of Spot On Art Gallery and will replace any prior policies that are inconsistent with it.
Contacting Us.
If there are any questions regarding this privacy policy you may contact us using the information below.
Spot On Art Gallery
PO Box 356
Lake Grove, New York 11755
United States
support@spotonartgallery.com
(631) 752-7446
Spot On Art Gallery is fully committed to customers satisfaction. Every printed Giclee is carefully inspected and packaged for safe shipping. Further, all Giclees are printed as per each individual customer’s request and are, thus, custom made. Spot On Art Gallery does not provide stock items of any work of art.
As a customer you have a right to return damaged or incorrectly printed orders. If your product arrives damaged or defective in some way please follow these simple steps:
- Take a digital photo of your damaged product and the shipping container it arrived in (only if the package is also damaged).
- Attach your photos to an email and send them to info@spotonartgallery.com within fourteen days (14) of receipt. Please include your order number, shipping ID or item number, and a brief description of the reason for the return.
- You will receive an email within 48-72 hours confirming whether your return is confirmed.
- Once the return is confirmed, ship your item back to us in its original packaging and enclose your completed return request. We strongly encourage you to return the item via a trackable method
- The Certificate of Authenticity must be returned in order for any returns to be accepted and processed.
- Once we receive you return with the Certificate of Authenticity, your return will be processed.
Unfortunately, Spot On Art Gallery do not accept order cancellation once they are placed because, due to the custom goods that are created, as soon as an order is received it promptly and immediately goes to production. We apologize for this inconvenience.
Every giclée print is approved for color accuracy to the ORIGINAL work of art, by the artist or artist's representative. Color of the final print may not match every monitor or device.
Please feel free to contact us at support@spotonartgallery.com for return assistance or any other questions regarding orders.