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Terms & Conditions


TERMS OF USE

Vessel services and websites are provided subject to the following terms and conditions. By using our website and the services (collectively, and hereafter, “Service” or “Services”), you agree to be bound by these terms and conditions. Please read them carefully. The Services are owned and operated by Vessel Gallery.

 

Privacy

By accessing or using the Services in any manner, you agree that your information may be collected, stored, shared, and used in accordance with our Privacy Policy and these terms. You agree to them by using our Services. If you are accepting these Terms and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that entity to these Terms, in which case the terms “you” and “your” in these Terms will also refer to that entity.

You should review our privacy policy below to understand our privacy practices.

 

License and Website Access

As between you and Vessel, Vessel owns and retains, solely and exclusively, all rights, title, and interest in and to the Services, the look and feel, design, and organization of the Services, all related images and information, and the compilation of all content, information, and images on the Services, including but not limited to all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license as our customer to access and make personal use of the Services as provided by us, in the manner permitted by these terms. Any use of the Services and the images and information contained there that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. We reserve the right to refuse service, terminate use, remove or edit content, or cancel orders in our sole discretion.

 

Copyright

All images and information is our property or the property of the parties with whom we work and is protected by all international copyright laws. The purchase of any artwork does not provide the purchaser with any copyright interest or other intellectual property right in the artwork. All images and information that is not our property is used with permission. The arrangement and compilation of all images and information is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

 

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Vessel or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Vessel or our affiliated companies that appear on or in the Services are the property of their respective owners and may not be used without their prior written consent.

 

RESTRICTIONS

You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to) impersonate or misrepresent your identity or affiliation with any person or entity, including but not limited to creating a false or misleading account or profile with inaccurate or untrue information; collect, or attempt to collect information from us (including email addresses); access the Services by any means other than the interface and instructions we provide; access, tamper with, or use any non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers; breach, disable or circumvent any security or authentication measures on or in connection with the Services; interfere with the normal operation of the Services or the access of any user, including but not limited to transmitting any viruses or harmful code, flooding the Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems; decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of the Services; adapt, modify, create derivative works from, or redistribute any of the Services without our express prior written permission; use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from the Services without our express prior written permission (we may also use robot exclusion headers within the Services and you agree to comply with all such headers); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services or any Content to send altered, deceptive, or false source-identifying information; mirror or frame any part of the Services on any other website or elsewhere without our express prior written permission; use any meta-tags or other hidden text or metadata containing any Vessel trademark, service mark, product name, or URL without our express prior written permission; use any Vessel trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service; use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Vessel trademark, service mark, product name, or logo, or to the look and feel of any of the Services; or remove, modify or conceal any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source and/or ownership of any image or other Content.

 

Electronic Communications

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you use the Services or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.

 

Limitation of Liability

We do not accept responsibility that the Services, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to direct, indirect, incidental, punitive or consequential damages.

 

Modification And Severability

We reserve the right to make changes to our website, our policies, our Terms of Use and these Terms of Sale at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the website. Your continued use of the Services after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

PRIVACY POLICY 

We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect it and what we do with it. By using this website you are accepting the practices described in this Privacy Policy.

We collect "personal" information from you when you provide it to us. For example, if you purchase an artwork from us, we may collect your name, mailing address, telephone number, credit card number and email address. If you sign up to receive a newsletter, we will collect your email address. If you take advantage of special services offered by us, we may collect other personal information about you.

We are committed to protecting your privacy. Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. You may, from time to time, receive information from us about new features, new services and special offers we think you'll find valuable. If you take advantage of special offers made by our marketing partners, we may, with your consent, transfer your personal information to them. We may share your mailing address with select third parties.

The personal information that you give us when you place an order is used to process and fulfill your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services.

We may partner with credit card or payment processing companies to assist us in processing your payment. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes.

We use Stripe as our third-party service provider for payment services such as credit card acceptance, merchant settlement and related services. By using some or all of these payment services on or in connection with the Services, you agree to be bound by Stripe’s terms and conditions and privacy policy, which can be viewed at https://stripe.com/us/terms, and you consent and authorize us to delegate the authorizations and share the information you provide to us with Stripe to the extent required to provide the payment services to you. You may contact Stripe directly for payments support by email at support.stripe.com.

We may use other third-party service providers to provide payment services, communicate electronically, or manage aspects of your personal information (such as, for example, Stripe, MailChimp or SquareSpace), in which case the terms and conditions, and privacy policies of those service providers will apply to the use of payment services provided by them, and your use of the services and website.

We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, 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.

Our website may contain links to websites operated by other companies. We are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of such other websites. This privacy statement applies solely to information collected by us.

We may also collect "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. "Non-personal" information cannot be easily used to personally identify you. We may use your non-personal information to help diagnose problems with our server and to administer our website. Your non-personal information may also be used to gather broad demographic information and to recognize customer traffic patterns and website usage. This information aids us in merchandising and in developing the design and layout of the website.

While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.

 

Children's privacy

Our services are intended for users ages 18 and older. Accordingly, we will not knowingly collect or use any personal information from persons that we know to be under the age of 18. In addition, we will delete any information in our database that we know originates from a child under the age of 18.

 

Changes to our Privacy Policy

If we change our Privacy Policy, we will post a new version on our Website, which will become effective when posted. The new policy will apply to all current and past users of the Website and will replace any prior policies that are inconsistent with it.

 

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CONDITIONS OF SALE

 

Terms of Sale

These Terms of Sale apply to all interactions, all orders placed and/or purchased by you and all agreements concluded between us in relation to this website. All sales are final. If you have questions or concerns you may contact us at info@vessel-gallery.com.

 

Availability and Pricing

We reserve the right to cancel any order at any time if we are notified or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after receipt of an order confirmation. If your order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and Vessel will otherwise have no liability whatsoever for any such cancellations or listing errors. You understand and agree that all artwork listed or offered for sale through the Services is subject to availability.

 

Acceptance of Order

We reserve 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).

 

Taxes. Unless exempt by law, the buyer is responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. Unless expressly otherwise indicated, all prices listed on the Site are exclusive of taxes and applicable taxes may be collected from the buyer in addition to any listed price.

 

Shipping and Handling. The buyer is required to pay all shipping, packing and transit insurance fees and costs for purchased property.

 

Item Descriptions

We attempt to describe items accurately. However, we do not warrant descriptions or other content herein are 100% accurate, complete, reliable, current or error-free.

 

Disclaimer

YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH VESSEL AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY “VESSEL”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. VESSEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE, THE SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OR ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF THE WEBSITE OR THE SERVICES IN ANY MANNER WILL GIVE RISE TO ANY SPECIFIC RESULTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.

 

We are not liable for 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. If the use of the website or Services results in the need for servicing or replacing any equipment, material or data, Vessel will not be responsible for those costs or losses.

 

INTERNATIONAL USE

The Services are based in the United States. We make no representations or warranties that the Services are appropriate or available for use outside of the United States.

 

If you are located outside of the United States, you represent and warrant that your access to and use of the Services complies with all applicable local, state, national, and international laws, rules, and regulations.

 

If you are located in a country embargoed by the United States, or you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or any other U.S. Government list of commercially restricted parties), you must not perform any transaction or engage in any other commercial activity on or in connection with the Services. You must not access or use the Services if you are prohibited from receiving products, services, or software originating from the United States.

 

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Limitation of Liability

IN NO EVENT WILL VESSEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) THE SERVICES AND/OR THE WEBSITE; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.

 

Indemnity

By using the Services and Products, you agree to defend, indemnify and hold harmless Vessel Gallery and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, "Vessel") from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees) related to any action, suit, claim or proceeding made, brought or threatened by any party against Vessel arising out of or in connection with your use of and/or your conduct involving the Services and Products. Costs shall include any costs incurred in the enforcement of the foregoing.

 

Applicable Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the use of, and your use of, this website and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Alameda County, California, and you consent to exclusive jurisdiction and venue in such court.