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TERMS AND CONDITION

 

Acceptance of Terms

Prior to using the services of Massive Art Gallery, it is mandatory that you read and accept the Terms of Service. If you choose to visit or use the services of Massive Art Gallery, by default you accept the Terms and Services. If you choose not to accept these Terms of Service, you may not access or otherwise use the Site or Services. Please contact our Customer Service department at suport@massiveartgallery.com for any queries regarding the Terms of Service.

Registration, Listing and Selling

You must be a Registered User with Massive Art Gallery.com in order to list, sell and buy Art. You will be prompted to fill out the registration form and you agree that the information provided by you is accurate and updated.

Massive Art Gallery.com has to its sole discretion the right to disapprove, suspend or terminate your registration for any reason and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.

Massive Art Gallery believes that all their users are fair and will provide relevant and accurate information regarding their personal information as well as any other information related to artwork. In case of any discrepancies in the details provided by them regarding personal, educational or professional background, Massive Art Gallery.com will not be liable, you are requested to verify before purchase or delivery.

Massive Art Gallery also holds right to use the artwork as it deems fit and proper in any form for either marketing and/or sales in any documents/materials/third party website/platform.

Login ID, Password and Security

Once you register, you agree to accept responsibility for all activities that occur under your account or password.

You shall be responsible for maintaining the confidentiality of your account and password   to prevent unauthorized access to your account. It is mandatory to notify the Massive Art Gallery team immediately, should you feel your password or account has been compromised. Please ensure your information provided at the time of registration is updated, complete and correct.

/should there be any discrepancies or unsolicited usage of your account, Massive Art Gallery.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

Deleting Account

Please get in touch with Massive Art Gallery.com at suport@massiveartgallery when you wan to delete you Massive Art Gallery account. Your request to delete the account will be considered and appropriate action will be taken. However, it is the sole discretion of the authorized personnel(s) at Massive Art Gallery to delete/ change the status of your account.

Communications

At the time of registration you will be required to provide a valid phone number and email id.  All communication from Massive Art Galleryshall be via e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order. When you visit Massive Art Gallery.com or send e-mails to us, you are communicating with us electronically.

License for website access

By registering as a user, you are granted access to the services of Massive Art Gallery. However, your license is revocable in cases of any discrepancies identified like below.

Exploiting the content of MAG - reproduce, duplicate, copy, sell   any product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided.

Engaging in activities that interfere with the smooth an legal functioning of the website with or without disturbance to the other members

Exploiting the contents of Massive Art Gallery in any form - 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 of Use.

All information, data, text, photographs, graphics, video, messages, and or other materials ('User Content'), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service.

Discrepancies in any of the above disciplines or any other practice that the Massive Art Gallery deems unacceptable or is a violation of rights, immediately terminates the license granted herein without any intimation or any further notice.

Indemnity and Release

You shall indemnify and hold harmless Massive Art Gallery, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

In the event that you have a dispute with one or more users, you hereby undertake to release Massive Art Gallery.com (and our officers, directors, agents, subsidiaries and employees) from 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 and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise .

Listing Policy

When you list your Art for sale on the Massive Art Gallery, you agree to complete and submit to us all applicable information.  Images of your Art provided shall be in acceptable format.   

By listing Art on the Massive Art Gallery.com, the seller has the option to either sell or use the content as just display content through Massive Art Gallery.com. In either case the seller must agree to our sale and print policy.

License

If you register as a seller, you grant Massive Art Gallery a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Massive Art Gallery to store or re-format your Content on Massive Art Gallery and display your Content on Massive Art Gallery in anyway as Massive Art Gallery chooses.

Massive Art Gallery does not claim ownership rights of your content, but shall reserve the right to use your artworks for the purpose of creating marketing campaigns(including digital marketing). You grant Massive Art Gallery a license solely to enable Massive Art Gallery to use any information or Content you supply Massive Art Gallery with, so that Massive Art Gallery is not violating any rights you might have in that Content.

Shipping Period

Massive Art Gallery shall ensure you have the best options of shipment.  You can choose between Speed Shipping (ships to the buyer within 4 business days) or Standard Shipping (6 to 10 business days).

Buyer's Transactional Information

As part of an e-commerce transaction, the buyer’s personal information, including email address and shipping information may be obtained from Massive Art Gallery. As a seller, your rights are restricted to   authorized transactional messages or for Massive Art Gallery related communications to the buyer. Massive Art Gallery  has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Massive Art Gallery user to your email or physical mail list.

Fees and Services:

Our seller fees and commissions on each work sold by an artist shall have been intimated to you at the time registering as a seller. Massive Art Gallery.com may change its fees, payments and commissions periodically. Massive Art Gallery fee policy is subject to change, is incorporated into this Agreement by reference. We mandate you visiting our policy periodically to stay updated with any changes effected.

Remittance of Proceeds

Massive Art Gallery.com shall remit the Purchase Fees to seller, after first deducting Massive Art Gallery.com posted fees and commissions, within thirty (30) days after the (i) full confirmation of the artwork obtained by the buyer or (ii) the date when Massive Art Gallery.com verifies receipt of the Purchase Fees from buyer. All payments will be made by direct deposits/transfer, credit card or debit card as chosen by the registered seller at the time of registration.

Purchasing Art

To purchase art through Massive Art Gallery, you must be a Registered User with us. Placing an order on Massive Art Gallery.com constitutes an irrevocable acceptance of the purchase once the shipment has been made by the seller or if the artwork is in transit. Unless rescinded/cancelled by Massive Art Gallery on account of a default by the artist or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Massive Art Gallery (acting as the agent of the artist) and the buyer.

All artwork posted for sale by Artists on the Website is supported by an authenticity guarantee from the Artist themselves. Massive Art Gallery does not issue any authenticity guarantee.

Ownership Transfer

The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.

No Agency

You and Massive Art Gallery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

RESTRICTED ACTIVITIES

Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Services on Massive Art Gallery shall not:

(i)                  be inaccurate, false or misleading, be it intentional or unintentional

(ii)                be fraudulent or involve the sale of counterfeit, stolen or unauthorized property; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy

(iii)               violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)

(iv)              be obscene, defamatory or contain child pornography or in any way harassing any other entity

(v)                contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

(vi)              create liability for Massive Art Gallery.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers or buyers

(vii)             link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include

TAXES

You are responsible for paying all fees/costs/charges  associated with the use of Massive Art Gallery to purchase art/products and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

Non-Payment

In case of non-payment of fees,  Massive Art Gallery reserves the right to take legal action, should measures like temporary suspension or termination of membership does not yield.

Disclaimer

Liablity or responsiblity for any actions or inactions of sellers, breach of conditions, representations or warranties by the sellers or manufacturers of the products does not lie with Massive Art Gallery. We hereby expressly disclaim any and all responsibility and liability in that regard. Massive Art Gallery shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We do not support or endorse the sale or purchase of any products on the website. We further expressly disclaim any warranties, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Massive Art Gallery nor shall we have any obligations or liabilities in respect of any transactions on the website.

Limitation of Liability

In no event shall Massive Art Gallery be liable to damage of person or property involved during purchase, shipping, delivery of the product. We also disclaim any liability direct or consequential due to the use of or the inability to use the product

Intellectual Property

The IP rights vests with the respective artist and no form of replication is permitted by the buyer. Massive Art Gallery  accepts no responsibility for the accuracy and authenticity of drawings, patterns or specifications supplied by the

The Buyer or 3rd party shall indemnify Massive Art Gallery  against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer's instructions express or implied and the Buyer will fully indemnify Massive Art Gallery  against any liability in respect thereof and shall pay all costs and expenses which may be incurred by Massive Art Gallery  in reference to any such claim.