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Terms and Conditions

Welcome to Artsy Shark Gallery, at www.ArtsySharkGallery.com.  These Terms and Conditions govern the website user’s use of this website, the user’s retail purchases from Artsy Shark, LLC via this website, form part of the contract between you and Artsy Shark, LLC (“Artsy Shark Gallery” or “us”) (“Contract”).  These Terms and Conditions may be subject to change without notice to the user.  Accordingly, we recommend that you check the Terms and Conditions regularly for updates or changes.

Please note that by ordering products from the Artsy Shark Gallery website (the “Website”), the user (“User” or “you”) agrees to be bound by these Terms and Conditions as well as other documents expressly referred to in these Terms and Conditions.

Acceptance of these Terms of Service; Modifications to the Terms of Service.

Any user of the Website (“User”) who accesses, browses and/or uses the Website accepts, without limitation, these Terms of Service.  Artsy Shark Gallery encourages the User to review these Terms of Service from time to time to keep abreast of any changes, additions or general modifications to these Terms of Service.  Artsy Shark Gallery reserves absolutely the right to modify the Terms of Service at any time and without notice, and the User will be bound by the most current version of the Terms of Service by accessing, browsing and/or using the Website.  If the User does not wish to be bound by these Terms of Services, the User should not access the Website. 

User Warranty of Age

By accessing, browsing and/or using this Website, the User represent and warrant that he or she is 18 (eighteen) years of age or older and agrees to abide by all of the terms and conditions of these Terms of Service.Anchor

Retail Terms and Conditions

All purchases from the website www.artsysharkgallery.com are further governed by our Retail Terms, which can be found at www.ArtsySharkGallery.com. Prior to placing an order with Artsy Shark Gallery, it is strongly recommended that you review our Retail Terms and Conditions.  By placing an order with Artsy Shark Gallery, you agree to be bound by the Retail Terms and Conditions.

Our Products

The images of the Artsy Shark Gallery products (“Products”) on the Website are for demonstrative purposes only, and each product may vary slightly.  Although we have made every effort to display the colors of the Products accurately in the images we post on the Website, we cannot guarantee that your computer's display of the colors reflects the accurate color of the Products. All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if a Product you have ordered is not available.  We sell products for purchase by adults only. You may only purchase Products from the Website if you are at least 18 years old.

Linked Sites

Please note that we assume no responsibility for the content of websites linked to the Website, including the websites of third parties from whom you may purchase other goods and services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Product Ordering and Formation of Contract

Prices for our Products may change from time to time.  We reserve the right to change the pricing for our Products from time to time.  Artsy Shark Gallery shall not be responsible to you for any modification or adjustment of Product pricing prior to your placing an order.

Any contract between us for the purchase of our Products shall be interpreted in accordance with the laws of the State of Florida and any and all disputes between us shall be governed by Florida law and adjudicated in the courts of Florida.

Copyrights

User acknowledges that the Website, the Products and any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Website are protected by U.S. Copyright and Trademark laws, and are the property of either Artsy Shark, LLC or a third party. Except as expressly authorized by Artsy Shark Gallery in writing, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Products, in whole or in part.  The User may not store any of the Content or the Products owned by, or licensed to Artsy Shark Gallery in any form, whether archival files, computer-readable files, or via any other medium. The User also may not "mirror" or reverse engineer any Content or the Products on any other server.  Any copyright infringement of the Products or the Content will be prosecuted to the full extent of the law.

Trademarks

The trademarks Artsy Shark and the Artsy Shark logo are owned by Artsy Shark, LLC. The domain name www.ArtsySharkGallery.com is owned by Artsy Shark, LLC.  Any unauthorized use or claim of ownership of either the marks or the domain name will be prosecuted to the full extent of the laws. 

Third Party Websites

Some links on the Website lead to sites posted and owned by third parties. Artsy Shark Gallery neither endorses nor is responsible for the accuracy, reliability or substance of opinions, advice, products, statements or other information provided by third-party websites.  These Terms of Service govern only the Artsy Shark Gallery Website, and the User is encouraged to review the Terms of Service of any third party websites.  The content expressed or made available therein are those of the respective authors or publishers thereof, and not of Artsy Shark Gallery.  For information regarding the privacy policies of these third party websites, we recommend that you review the privacy policies of the respective websites.

Because Artsy Shark Gallery has no control over these sites, Artsy Shark Gallery is not responsible for such sites' accessibility via the Internet.  Further, the inclusion of these links does not imply that there is any relationship between Artsy Shark Gallery and the linked sites. Artsy Shark Gallery is an independent operating company and references to other companies do not imply any partnership, joint venture, or other legal connection.

Offensive Conduct Policy

We wish for all of our Users to have a pleasant experience while visiting our website.  Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar or otherwise inappropriate conduct or language on the Website is not permitted and will not be tolerated.  Additionally, we reserve the right to remove content and/or refuse service to any User whose content includes, promotes or distributes material reasonably considered to be illegal or which promote terrorism, hate crimes or other objectionable material.  You may not use Artsy Shark Gallery’s website for any illegal or unauthorized purpose, nor may you use the Website to violate any laws in your jurisdiction, as well as the laws of the United States and the State of California.  Artsy Shark Gallery does not permit the posting or publication of material which infringes third party’s rights or that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material.  Artsy Shark Gallery reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification.  Artsy Shark Gallery reserves the right to reject, remove or otherwise exclude any such language from use on its website.  Moreover, Artsy Shark Gallery reserves the right to prevent any User who is in violation of this policy from making future postings on the Website, or to use the Website.

Disclaimer of Warranty

THE USER AGREES THAT ACCESS TO THE WEBSITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER ARTSY SHARK GALLERY NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.

ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.  IN NO EVENT WILL ARTSY SHARK GALLERY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ARTSY SHARK GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE WEBSITE, OR TO USE ANY OTHER SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ARTSY SHARK GALLERY’S  RECORDS, PRODUCTS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES ARTSY SHARK GALLERY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF ARTSY SHARK GALLERY.

Indemnification 

The User agrees to indemnify and hold Artsy Shark Gallery and its directors, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Website, the User’s use of the Website, the User’s connection to the Website, or the User’s breach of the Terms of Service.

Local Laws; Export Control

Artsy Shark Gallery controls and operates the Website from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Website and/or the Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Artsy Shark Gallery also disclaims responsibility for any User attempting to do business with this Website from countries with which the United States has specifically banned trade and commerce, such as Iraq, Syria and others as listed on the U.S. Department of State’s website.  Artsy Shark Gallery will not provide any Products for a User domiciled or doing business from any barred country.  Unless otherwise explicitly stated, all marketing or promotional materials found on the Website and in the Services comply with the laws of the United States.

Modifications to the Service

Artsy Shark Gallery reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, or the Content (or any part thereof) with or without notice.  The User agrees that Artsy Shark Gallery will not be liable to the User or to any third party for any modification, suspension, or discontinuance of services.

General

This Agreement is entered into in the State of Florida and shall be construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Terms of Service submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.

In the event that any provisions of this Terms of Service are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect.

This Terms of Service and any posted guidelines or rules applicable to the Site and Products subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. 

You may cancel your account with Artsy Shark Gallery at any time, by emailing Gallery@ArtsyShark.com

 

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Trusted Art Seller

This presence of this badge signifies that this business has officially registered with the Art Storefronts Organization and has an established track record of selling art.

It also means that buyers can trust that they are buying from a legitimate business. Art sellers that conduct fraudulent activity or that receive numerous complaints from buyers will have this badge revoked. If you would like to file a complaint about this seller, please do so here.

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Verified Returns & Exchanges

The Art Storefronts Organization has verified that this business has provided a returns & exchanges policy for all art purchases.

Description of Policy from Merchant:

We guarantee your satisfaction with everything that is sold on this website! Customers who place orders with Artsy Shark Gallery have up to seven days after receipt of their order to notify the gallery that they wish to return or exchange their purchase. See our Terms page for full details.

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Verified Secure Website with Safe Checkout

This website provides a secure checkout with SSL encryption.

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Verified Archival Materials Used

The Art Storefronts Organization has verified that this Art Seller has published information about the archival materials used to create their products in an effort to provide transparency to buyers.

Description from Merchant:

Every artist who uses archival paper or materials has that information on the items in their gallery.

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