thegallerychannel

Terms and Conditions

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this website under the domain name thegallerychannel.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by The Gallery Channel Limited (Company).

INTRODUCTION
1. You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
2. By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
3. The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
LICENCE
1. You are permitted to print and download extracts from this Website for your own use on the following basis:
  1. no documents or related graphics on this Website are modified in any way;
  2. no graphics on this Website are used separately from accompanying text; and
  3. the Company's copyright and trade mark notices and this permission notice appear in all copies.
2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company, its licensors or any other individuals and entities as specified. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. Material is displayed on this site for the purposes of reviewing artworks and art exhibitions and is intended to be used for browsing and viewing purposes only. Copying of files is expressly prohibited except for purposes of fair dealing as defined by copyright laws. If you wish to reproduce a work for any other purpose, you must by law obtain permission with the owner of the photographic image of the artwork and, if the artist is alive or has been dead less than 70 years, the artist, their estate or agent. It is your responsibility to obtain all necessary permissions from various rights holders before you reproduce a work, otherwise your usage may constitute an infringement of copyright.
3. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
4. Subject to paragraph 2.1 and 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Companyπs prior written permission.
5. Any rights not expressly granted in these terms are reserved.
SERVICE ACCESS
1. While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Companyπs control.
VISITOR MATERIAL AND CONDUCT
1. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
2. You are prohibited from posting or transmitting to or from this Website any material:
  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  2. for which you have not obtained all necessary licences and/or approvals (including but not limited to email address of people who had not given you their consent to give their information) ; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3. By providing material for display on the Website you warrant and undertake on behalf of yourself or the entity you represent that the display of the material on the Website does not infringe the copyright, or any other rights, including moral rights, of the various rights owners of the artworks, images or literary works. You also warrant that the copyright credit details are correct. You should indemnify and hold harmless the Company, its affiliates, and their respective trustees, officers employees from and against any damages, liabilities, costs and expenses, arising out of or relating to any claim by a third party that, if true as alleged, would constitute a material breach this warranty.
4. You may not misuse the Website (including, without limitation, by hacking).
5. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 ≠4.4.
LINKS TO AND FROM OTHER WEBSITES
1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  
  You must not establish a link from any website that is not owned by you.
  
  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions and our privacy policy acceptable use policy.
  If you wish to make any use of material on our site other than that set out above, please address your request to hforemansmith@thegallerychannel.com
3. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
REGISTRATION
1. Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
2. Responsibility for the security of any passwords issued rests with you.
3. We have the right to disable any user identification code or password, whether by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
DISCLAIMER
1. While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. You should always make your own inquiry directly with the museum or gallery, and verify its accuracy, completeness and relevance for your purposes. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
2. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
LIABILITY
1. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
  1. this Website;
  2. the use, inability to use or the results of use of this Website;
  3. any websites linked to this Website or the material on such websites;
  4. your downloading of any material from this Website or any websites linked to this Website; or
  5. viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
2. Nothing in this legal notice shall exclude or limit the Company's liability for:
  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  2. fraud; or
  3. misrepresentation as to a fundamental matter; or
  4. any liability which cannot be excluded or limited under applicable law.
3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.