Contemporary Paintings, Sculptures, Portraiture User Agreement
Contemporary Paintings, Sculptures, Portraiture User Agreement
AGREEMENT BETWEEN USER AND LeQuireGallery.com
LeQuireGallery.com is a website which is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of LeQuireGallery.com constitutes your agreement to all such terms, conditions, and notices.
LeQuire Gallery.com reserves the right to change the terms, conditions, and notices under which the LeQuire Gallery.com is offered, including but not limited to the charges associated with the use of LeQuireGallery.com.
User agrees to provide personal information for the sole purpose of searching for or buying Contemporary Paintings, Sculptures and Portraiture online or providing information about art exhibits, classes and events inside the actual LeQuire Gallery in Nashville, TN. The artist(s) of LeQuireGallery.com will not share, collect, survey or question your interest or participation in LeQuireGallery.com for any other reason than your desire to purchase such art or access such information. The artist(s) listed on LeQuireGallery.com will not warrant or authorize the collection of such data from any third party vendor without the user’s prior consent or request. A user is thus defined as either a buyer, research or website visitor of LeQuire Gallery interested in Contemporary Art.
Contemporary Paintings, Sculptures, Portraiture Art Buyer
Our Contemporary Paintings, Sculptures, Portraiture potential buyer WordPress database is a private database for use by subscribed users only. A subscribed user is defined as one with a unique user id and one unique password registered for one individual or one individual’s company. If you are found to share passwords and/or user accounts with any non-licensed users, we retain the right to revoke your account(s), subscriptions(s), and password(s) without notice or refund.
No franchises, business opportunities or other business product or sales opportunities which REQUIRE art buyers to purchase a product or service may be posted as part of a requirement to buy art online on LeQuireGallery.com. Attempting or causing the aforementioned will result in IMMEDIATE revocation and access to LeQuireGallery.com.
The contents of LeQuireGallery.com (including without limitation all database information), and all elements that are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of LeQuire Gallery. You will not use or attempt to use, and will cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, or intelligent agents) to navigate or search LeQuireGallery.com other than the search engine, search agents, and email notifications available from LeQuire Gallery.com or authorized artist(s) of LeQuireGallery.com and other generally available third-party web browsers. You will not attempt to violate the security of LeQuireGallery.com by any means, including without limitation, crashing the site by means of denial-of-service or similar attacks, and submitting a virus, attempting to interfere with other users and accessing data not intended for you.
LeQuireGallery.com make no guarantees and assume no responsibility for the content of the site written or designed by its artist(s) nor for the actions or conduct of its art buyers. You agree to indemnify LeQuireGallery.com, LeQuire Gallery, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this agreement or from your provision of any material to LeQuireGallery.com, including but not limited to claims of breach of third-party intellectual property rights.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND / INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA / ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, LeQuireGallery.com MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE TRANSACTION WHICH IS THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU OR ARTIST(S) OR YOUR COMPANY TO LeQuireGallery.com UNDER THIS AGREEMENT.
Art Buyer Purchasing Information
In the event of your breach of this Agreement, LeQuireGallery.com shall be entitled to collect all of its costs and attorney fees incurred. LeQuireGallery.com may, in its sole discretion, impose a late fee equal to one and one-half (1.5%) percent per month on all overdue accounts as well as deny access on a permanent or temporary basis to you and your Company until payment and/or collections is received. This agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written agreements or understandings relating thereto as well as any purchase/insertion orders not supplied to LeQuireGallery.com that have been or may from time to time be submitted by you, (ii) may be signed in counterparts, (iii) shall be governed by the laws of the State of Tennessee (other than the conflicts of laws provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned, in whole in or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of this agreement that may be invalid shall not affect the validity of enforcement of the remaining terms of this agreement. The terms and conditions of this agreement may not be amended without the affirmative written consent of LeQuireGallery.com.
LINKS TO THIRD PARTY SITES
The LeQuireGallery.com Web Site may contain links to other Web Sites (aka Link Partners). Link Partners are not under the control of LeQuireGallery.com / and LeQuire Gallery is not responsible for the contents of any Link Partner site, including without limitation any link contained in a Link Partner site, or any changes or updates to a Link Partner site. LeQuireGallery.com is not responsible for web casting or any other form of transmission received from any Link Partner site. LeQuireGallery.com is providing these links to you only as a convenience only.
USE OF COMMUNICATION SERVICES
The LeQuireGallery.com (i.e. Contemporary Paintings, Sculptures, Portraiture Art website, blog and ecommerce store) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other art buyers, artists and experts in the Contemporary Art industry (aka “users”) or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
LeQuireGallery.com system that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files to the LeQuireGallery.com system that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service unless authorized by LeQuire Gallery
Conduct or forward surveys, other contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
LeQuireGallery.com has no obligation to monitor the Communication between two parties. However, LeQuireGallery.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LeQuireGallery.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LeQuireGallery.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LeQuireGallery.com sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LeQuireGallery.com MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LeQuireGallery.com AND/OR ITS EMPLOYEES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LeQuireGallery.com / WEB SITE / BLOG / ECOMMERCE STORE AT ANY TIME. ADVICE RECEIVED VIA THE LeQuireGallery.com WEB SITE / BLOG / ECOMMERCE STORE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LeQuireGallery.com AND/OR ITS EMPLOYEE(S) or CLIENTS (i.e. EMPLOYERS) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LeQuireGallery.com WEB SITE/ BLOG / ECOMMERCE STORE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. LeQuireGallery.com AND/OR ITS EMPLOYEE(S) or CLIENTS (i.e. EMPLOYERS) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LeQuireGallery.com AND/OR ITS EMPLOYEES, ARTISTS or Clients (i.e. Art Buyers) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LeQuire Gallery.com / Cinnamon Entertainment Group LLC WEB SITE / RECRUITMENT JOB BLOG, WITH THE DELAY OR INABILITY TO USE THE LeQuireGallery.com / WEB SITE/ BLOG / ECOMMERCE STORE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LeQuireGallery.com WEB SITE/ BLOG / ECOMMERCE STORE BLOG, OR OTHERWISE ARISING OUT OF THE USE OF THE LeQuireGallery.com WEB SITE/ BLOG / ECOMMERCE STORE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LeQuireGallery.com OR ANY OF ITS EMPLOYEES, ARTISTS or Clients (i.e. Art Buyers) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.< TERMINATION/ACCESS RESTRICTION LeQuire Gallery reserves the right, in its sole discretion, to terminate your access to LeQuireGallery.com and its related products or services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Nashville, TN USA in all disputes arising out of or relating to the use of the LeQuireGallery.com. Use of LeQuireGallery.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership or agency relationship exists between you and LeQuire Gallery prior to Agreement of the terms and conditions of this Agreement. LeQuireGallery.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LeQuireGallery.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of LeQuireGallery.com or information provided to or gathered by LeQuire Gallery with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LeQuireGallery.com with respect to LeQuire Gallery and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LeQuireGallery.com with respect to LeQuire Gallery. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English. COPYRIGHT AND TRADEMARK NOTICES: All contents of LeQuireGallery.com is a trademark of LeQuire Gallery, Nashville, TN USA. All rights reserved. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Some example companies, organizations, products, people and events depicted herein may be fictitious for presentation purposes. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE.
Please contact info (at) LeQuireGallery.com if you have any legal questions or issues.
LeQuireGallery.com is the property of:
4304 Charlotte Avenue
Nashville, TN 37209
LeQuire Gallery Hours: Tuesday-Saturday 10am-3pm (CST)