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® AFRICAN ARTS GALLERY is a registered brand.
The brand has been registered since 2020.
All rights reserved. The brand and it’s logo is equally owned by Nilton Viana and Dominick Maia Tanner.
Copyright © 2020, by AFRICAN ARTS GALLERY .
The entire content included in this website, limited to all texts, graphics, design and HTML code are protected by international Copyright Laws. They may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.
Exception: Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AFRICAN ARTS GALLERY .
PLEASE READ THESE TERMS AND CONDITIONS OF USE, AND THE CONDITIONS OF BUSINESS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND THE CONDITIONS OF BUSINESS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site. (“AAG” , “or “Company”), with its home page located at www.africanarts.gallery (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with AFRICAN ARTS GALLERY , or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms. You as an individual or on behalf of a business entity will be referred to as “You” on this Site.
The Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these site terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. If you have any question regarding the use of the Site, please refer first to FAQ’s. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org .
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, AFRICAN ARTS GALLERY has adopted a policy of terminating, in appropriate circumstances and at AFRICAN ARTS GALLERY ’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. AFRICAN ARTS GALLERY may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
AFRICAN ARTS GALLERY services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. AFRICAN ARTS GALLERY services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended AFRICAN ARTS GALLERY members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use AFRICAN ARTS GALLERY . Further, your AFRICAN ARTS GALLERY account and User ID may not be transferred, licensed, or sold to another party.
In the event that you have aa dispute with one or more users, you release AFRICAN ARTS GALLERY (and AFRICAN ARTS GALLERY ´ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Copyrighted material including, but not limited to photograph(s) licensed or sold by AFRICAN ARTS GALLERY , remains with the copyright holder at all times. Site users may not reproduce copyrighted material (e.g. purchased photographs) without express permission from AFRICAN ARTS GALLERY or, in certain instances, the copyright holder.
IN NO EVENT SHALL AFRICAN ARTS GALLERY , AND (AS APPLICABLE) AFRICAN ARTS GALLERY ´ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AFRICAN ARTS GALLERY SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
AFRICAN ARTS GALLERY ´ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF AFRICAN ARTS GALLERY ´ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO AFRICAN ARTS GALLERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) USD100$. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product offered by AFRICAN ARTS GALLERY is mistakenly listed at an incorrect price, AFRICAN ARTS GALLERY reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. AFRICAN ARTS GALLERY reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, or you have otherwise paid for the purchase and your order is cancelled, AFRICAN ARTS GALLERY shall issue a credit to your credit card account in the amount originally billed.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You agree to indemnify, defend, and hold harmless AFRICAN ARTS GALLERY , its officers, directors, staff members, brokers, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
EXTRA TERMS AND CONDITIONS
1) AFRICAN ARTS GALLERY is a brand equally owned by Nilton Viana and Dominick Maia Tanner.
2) AFRICAN ARTS GALLERY is an Internet service made available under the terms and conditions of this user contract.
3) The user of AFRICAN ARTS GALLERY state that he/she is at least 18 years of age and has the legal competence to conclude this terms and to buy/sell trough AFRICAN ARTS GALLERY .
4) AFRICAN ARTS GALLERY cannot be held responsible for the fraudulent use of the website www.africanarts.gallery, or any other actions that are the result of using www.africanarts.gallery .
5) AFRICAN ARTS GALLERY offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information provided by the sellers of artworks.
6) This contract is subject to international law.
7) In no case, works in consignment (works that are not the property of AFRICAN ARTS GALLERY ) listed on www.africanarts.gallery can be interpreted as a guarantee by AFRICAN ARTS GALLERY with respect to the authenticity, quality, or origin of the work of art which is sold. AFRICAN ARTS GALLERY , on the one hand, and the seller/buyer, on the other, are independent parties, with each one acting in its own name and on its own behalf. We only intercede in transactions between buyers and sellers as a broker by internet. Correspondingly, we do not exercise any control over the quality, security or lawfulness of the objects which are listed, the sellers’ legal capacity to sell said goods or services, or the buyers’ ability to pay for said goods or services. Thus, you exempt AFRICAN ARTS GALLERY from all liability (as well as our subsidiaries and companies in the group, company managers, senior executives and employees) in case of dispute for any claims, and for all present or current damage resulting directly or indirectly from buying/selling trough www.africanarts.gallery.
8) You will, and can not hold AFRICAN ARTS GALLERY responsible for any transactions, actions, or inactions between buyers and sellers. You acknowledge that we are not a traditional gallery. Instead, our website is a venue to allow sellers to offer, and buyers to buy, artworks, at anytime, from anywhere.
9) We are not involved in the actual transaction between buyers and sellers. While me may help facilitate the sale, we have no control over and do not guarantee the quality, safety or legality of the items sold by sellers.
10) We do not transfer legal ownership of items from seller to buyer.
Except as explicitly stated otherwise, any notices shall be given by e-mail to: email@example.com . Alternatively, AFRICAN ARTS GALLERY may give you notice by e-mail to the address provided to AFRICAN ARTS GALLERY during the registration process. In such case, notice shall be deemed given 3 days after the date of e-mailing. RESOLUTION OF DISPUTES AFRICAN ARTS GALLERY ´ goal is to make you happy. In the event a dispute arises between you and AFRICAN ARTS GALLERY , please email us at firstname.lastname@example.org .
CONDITIONS OF BUSINESS
These Conditions of Business govern the relationship between (i) you as the buyer of an artwork(s) offered on www.africanarts.gallery (the “Site”) (ii) (“AAG”, “we”, “us”, or “our”) acting as agent for the seller and providing services to the buyer, (iii) the seller of the artwork(s) consigned to AFRICAN ARTS GALLERY and being offered for sale on the Site (the “Seller”) and (iv) the owner and operator of the Site.
These Conditions of Business, which set out the terms on which AFRICAN ARTS GALLERY and the Seller contract with you, and all other terms and conditions applicable to the sale of artwork(s) offered on the Site and displayed or linked to the artwork page on the Site (the “Additional Terms”), form the entire agreement between you, AFRICAN ARTS GALLERY , and the Seller. In the event of a conflict between these Conditions of Business and the Additional Terms, the Additional Terms shall prevail.
We have the right to amend these Conditions of Business and the Additional Terms from time to time, and we shall inform you of any such amendments by posting notices on the Site. You should read these Conditions of Business and any Additional Terms carefully before making a purchase on The Site . By making a purchase on the Site, you acknowledge that you are bound by these Conditions of Business and any Additional Terms.
The “seller responsibilities” govern the relationship between (i) you as the seller / consigner (“Seller”) of an artwork(s) offered to AFRICAN ARTS GALLERY (the “Site”) (ii) (“AAG”, “we”, “us”, or “our”) acting as agent for the seller and providing services to the buyer, (iii) the buyer of the artwork(s) consigned to and being offered for sale on the Site by the Seller and (iv) as the owner and operator of the Site. Sellers are responsible to provide all accurate and relevant information on the artwork offered for sale on the Site. This information includes the condition of the artwork (Any flaws, rips, holes, stains, cracks, chips, dents must be reported prior to the sale) , edition number in case of an edition, the provenance, authenticity, medium of the artwork (used materials), the year it was made it (if known), the location of the signature. In case it is agreed that the Seller packs the artwork, please note that it’s forbidden to ship glass (frames, glass artworks) … It is not covered by any bonded shippers. All claims for items shipped with glass will be denied. Artwork can be returned within 14 days if misrepresented by the seller, or in case damaged in shipping due to bad packing done by the Seller. Refunds by the seller are only given for artwork if misrepresented by the seller or damaged in shipping due to bad packing. Sellers who misrepresent their artwork or who misrepresent the condition of the artwork(s) will pay shipping and packing both to and from the buyer. Provenance : Sellers are responsible for accurately listing the provenance of the artworks they list. Condition: Sellers are responsible for accurately listing the current condition of the artworks they list. By default, the seller is indicating that the artwork is free of any wear and tear or other such damage. Otherwise, the seller must clearly mark specific condition issues which will be clearly marked on the artwork page. Professional art handlers can check the condition upon pick up. If the condition of the Artwork is not the same as advertised by the Seller, AFRICAN ARTS GALLERY may, at its discretion, invalidate the sale. Authenticity : The Seller offering property on the Site agrees to refund the Purchase Price in case the authorship of the work is questioned within fourteen (14) days starting to count at the day of receipt of the delivery by the buyer.
Effective date: August 01, 2020
AAG (“us”, “we”, or “our”) operates the www.africanarts.gallery website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Use of Data
AFRICAN ARTS GALLERY uses the collected data for various purposes:
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
AFRICAN ARTS GALLERY may process your Personal Data because:
Retention of Data
AFRICAN ARTS GALLERY will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Uruguay and choose to provide information to us, please note that we transfer the data, including Personal Data, wherever international law allows, and process it there.
Disclosure of Data Legal Requirements
AFRICAN ARTS GALLERY may disclose your Personal Data in the good faith belief that such action is necessary to:
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. AFRICAN ARTS GALLERY aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
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