WaterMediaGallery.com Terms & Conditions
1. Our Mission
1.1 Thank you for being part of WaterMediaGallery.com. We believe every artist should have an opportunity to participate in the art gallery experience of displaying and selling their work. Through WaterMediaGallery.com this experience is realized in a new and very unique way.
1.2 Artists
Unlike the commercial and private art gallery world, WaterMediaGallery.com does not presume to judge the artistry of any artist. You, as an artist, have the opportunity to put your very best paintings in your portfolio for the world to see. It is to your advantage that you provide photos of your artwork that depict as close a likeness to your painting as possible. Take a bit of extra time to be sure your photos are lightened and color corrected so they match your artwork as closely as possible when it is brightly lit. Crop and edit images so that they contain only the entire painting with no glare. We want your beautiful artwork to speak for itself!
1.3 Buyers
We at WaterMediaGallery.com give art buyers an opportunity to explore an expansive variety of exceptional artwork. WaterMediaGallery.com buyers visit our site because they have a love of watercolor and watermedia. They care about your work and are curious about who made it and how you were inspired. Any bit of context you might want to share in your image description—where, when, why, how you painted your painting—allows your buyer to envision your creative process.
2. Your Relationship with Your Art Gallery
The following are Terms and Conditions of WaterMediaGallery.com
2.1 WaterMediaGallery (“Www.WaterMediaGallery.com”) owns and operate this Website. The WaterMediaGallery team considers every user of WaterMediaGallery.com to be a.) a registered artist selling artwork, b.) a registered buyer exploring and purchasing art, or c.) a non-registered guest exploring artwork for educational or aesthetic purposes. This document governs your relationship with Www.WaterMediaGallery.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
2.2 WaterMediaGallery.com reserves the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Www.WaterMediaGallery.com. Www.WaterMediaGallery.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2.3 Service Eligibility
The site and services provided are solely intended for persons 18 years of age and older. By accessing the site or using its services, you represent and warrant that you fulfill this age requirement. If you are a legal adult, and guardian of a minor that has visited as an unauthorized site-user, please contact (our email)\, to insure any information that would identify ‘said unauthorized user’ is removed from the site.
3. Account Information
3.1 WatermediaGallery.com requires all individuals wishing to upload artwork to create an account. WatermediaGallery.com also requires individuals intending on purchasing art to also create an account. During the registration process, and thereafter it is required by every account holder to provide and maintain complete, updated and accurate required information. WatermediaGallery.com maintains the right to discontinue an account, and all user provided content, based on incomplete and inaccurate information, or if an account has remained dormant for an extended period of time, without prior notification to the registered user. WatermediaGallery.com may monitor and review “Artist Bio” information entered as part of creating a user account, but is under no obligation to do so, and assumes no responsibility or liability arising from the content, content accuracy, as well as intended or unintended communication as it relates from a registered user to third parties within or outside WatermediaGallery.com. Users agree not to create a misleading or inaccurate Artist Bio or to misrepresent your affiliation with any person or entity.
4. Accessing and Sharing Content
4.1 Any individual uploading digital images of their artwork acknowledges their images will appear throughout WaterMediaGallery.com in relation to the category and description tagged upon uploading, and that the order and listing within the category is dictated by the methodology of the WaterMediaGallery.com organizational system.
4.2 Uploading Original Content
Any individual visiting WaterMediaGallerly.com should not attempt to infringe on the image rights of any artwork within WaterMediaGallery.com. Rights of reproduction remain forever with the artwork’s creator unless there is written and legally binding contract established between artist and buyer. As a safeguard,WaterMediaGallery.com provides solutions to deter any such infringement. The site will not allow any user to copy or save any high resolution images. All low-resolution images attempted to be saved or moved to a viewer’s computer are watermarked for further image protection.
4.3 Limitation of Liability, Copyright
WaterMediaGallery.com will not be held accountable for any content or file uploaded by a registered WaterMediaGallery.com user, and maintains the right to remove any image at anytime, for any reason, including but not limited to potential rights or permissions infringement. WaterMediaGallery.com also maintains the right to do so without prior notification to the registered user attributed to the image. WaterMediaGallery.com is the sole arbiter of what is permitted on its website and if a portion of content in an account violates these Terms and Conditions, the entire account may be removed, without prior notice to the registered user.
5. WaterMediaGallery.com Disclaimer of Warranties
As a WaterMediaGallery.com member, you are solely and fully responsible for any content posted by you or visitors to your account. Although we may review member account content on a spot check basis, we cannot verify or guarantee the legal nature of such content. We prohibit the posting of the objectionable content in any member account. Objectionable material includes that which is defamatory, profane, violent, pornographic, threatening of abusive, or content that could give rise to any civil or criminal liability under applicable laws. Content that promotes, encourages or instructs illegal activities is also objectionable material. Additionally, material that violates or infringes in any way upon the proprietary rights of others, including copyright or trademark is prohibited from being posted on a WaterMediaGallery.com account.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Www.WaterMediaGallery.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Www.WaterMediaGallery.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Www.WaterMediaGallery.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Www.WaterMediaGallery.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Www.WaterMediaGallery.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Www.WaterMediaGallery.com or may in some cases be a third party. Where a contract is made with a third party Www.WaterMediaGallery.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply to you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Www.WaterMediaGallery.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Www.WaterMediaGallery.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, however you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Www.WaterMediaGallery.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.WaterMediaGallery.com.
Indemnity
You agree to indemnify, defend and hold harmless Www.WaterMediaGallery.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
Www.WaterMediaGallery.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. Should we add: We will notify subscribers of any such changes.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected. All other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints-handling procedure which we will use to attempt to resolve disputes when they first arise. Please let us know if you have any issues or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Www.WaterMediaGallery.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Www.WaterMediaGallery.com. [/vc_column_text][/vc_column][/vc_row]