AGREEMENT BETWEEN USER AND OLIVERGAL.COM
Welcome to olivergal.com. The olivergal.com website (the "Site") is comprised of various web pages operated by Art Remedy LLC. - The Oliver Gal Artist Co. ("The Oliver Gal Artist Co."). olivergal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of olivergal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
olivergal.com is an E-commerce Art Store - Offering a variety of artwork for purchase.
PRIVACY
Your use of olivergal.com is subject to Oliver Gal's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting olivergal.com or sending emails to The Oliver Gal Artist Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Oliver Gal Artist Co. is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Oliver Gal Artist Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Oliver Gal Artist Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use olivergal.com only with the permission of a parent or guardian.
FREE GROUND SHIPPING
Free Ground Shipping is only valid within the continental US (excludes AK and HI). All Freight/LTL shipped items do not qualify for free shipping.
CANCELLATION/REFUND POLICY*
Wholesale Orders are considered final sale, with no returns or exchanges permitted.
You may cancel any order before it has been shipped for a full refund.
You may return any new, unused artwork within 30 days of delivery for a full refund.
In order to receive a full refund, the artwork must be in new, unused, undamaged condition, and packaged carefully. If returned artwork is received in a condition other than new, the refund amount will be adjusted to reflect the condition by a minimum of 15% of the cost of the item.
Most refunds are fully refunded in 3-5 days after we receive and process your return.
In case of shipping damages or mistakes, return shipping will be covered by The Oliver Gal Artist Co. For all other return reasons: You may use your choice of return shipping carrier at your cost, or request a return shipping label and have the cost of return shipping deducted from your refund. The cost of return shipping will vary depending on the carrier and the size of the package to be returned.
To request a return authorization number please contact us through our website or over the telephone by calling our toll-free number 877.728.9278.
*The Cancellation/Refund Policy does not apply to wholesale orders. Please review your wholesale terms for further information.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
olivergal.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Oliver Gal Artist Co. and The Oliver Gal Artist Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Oliver Gal Artist Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Oliver Gal Artist Co. of the site or any association with its operators.
Certain services made available via olivergal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the olivergal.com domain, you hereby acknowledge and consent that The Oliver Gal Artist Co. may share such information and data with any third party with whom The Oliver Gal Artist Co. has a contractual relationship to provide the requested product, service or functionality on behalf of olivergal.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use olivergal.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Oliver Gal Artist Co. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Oliver Gal Artist Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Oliver Gal Artist Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Oliver Gal Artist Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Oliver Gal Artist Co. or our licensors except as expressly authorized by these Terms.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by individuals using authorized services of The Oliver Gal Artist Co.. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. The Oliver Gal Artist Co. specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site's or The Oliver Gal Artist Co.'s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
i. Abusing special discounts, awards or incentives offered by The Oliver Gal Artist Co.. Unless otherwise specified, only one offer is value per person, maximum two per household.
SECURITY RULES
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
INTERNATIONAL USERS
The Service is controlled, operated and administered by The Oliver Gal Artist Co. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Oliver Gal Artist Co. Content accessed through olivergal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Oliver Gal Artist Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Oliver Gal Artist Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Oliver Gal Artist Co. in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ART REMEDY LLC. - THE OLIVER GAL ARTIST CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ART REMEDY LLC. - THE OLIVER GAL ARTIST CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. ART REMEDY LLC. - THE OLIVER GAL ARTIST CO. AND/OR ITS SUPPLIERS 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 ART REMEDY LLC. - THE OLIVER GAL ARTIST CO. AND/OR ITS SUPPLIERS 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ART REMEDY LLC. - THE OLIVER GAL ARTIST CO. OR ANY OF ITS SUPPLIERS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
The Oliver Gal Artist Co. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Oliver Gal Artist Co. as a result of this agreement or use of the Site. The Oliver Gal Artist Co.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Oliver Gal Artist Co.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Oliver Gal Artist Co. 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 The Oliver Gal Artist Co.with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Oliver Gal Artist Co. with respect to the Site. 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 be written in English.
PURCHASING
The Oliver Gal Artist Co. strives for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. The Oliver Gal Artist Co. has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, The Oliver Gal Artist Co. will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will The Oliver Gal Artist Co. be held liable for any damages due to such interruptions or lack of availability.
Our standard international shipping rate provided to you at checkout does not include additional duties and taxes that will be due to the carrier before or at time of delivery. This is dependent upon each country's customs process and regulations.
CHANGES TO TERMS
The Oliver Gal Artist Co. reserves the right, in its sole discretion, to change the Terms under which OliverGal.com is offered. The most current version of the Terms will supersede all previous versions. The Oliver Gal Artist Co. encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
The Oliver Gal Artist Co. welcomes your questions or comments regarding the Terms:
Art Remedy LLC. - The Oliver Gal Artist Co.
3133 SW 25th St.
Hallandale Beach, Florida 33009
Email Address: info@olivergal.com
Telephone number: 954 922 3374
Effective as of March 01, 2013
