Terms of Service

Terms and Conditions

Last updated: November 30, 2023

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words whose initial letters are capitalized have meanings defined under the following conditions. These definitions shall have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for the election of directors or other managing authority.

Country refers to California, United States.

Company—referred to as either “the Company,” “We,” “Us,” or “Our” in these Terms—refers to Electric Art Gallery.

Device means any device that can access the Service, including a computer, cellphone, or digital tablet.

Service refers to the Website and the services, products, information, and features made available through it.

Terms and Conditions, also referred to as “Terms,” means these Terms and Conditions, which form the entire agreement between You and the Company regarding Your use of the Service.

Third-Party Social Media Service means any services or content, including data, information, products, or services, provided by a third party that may be displayed, included, linked to, or made available through the Service.

Website refers to the Electric Art Gallery website, accessible from www.electric-art-gallery.com.

You means the individual accessing or using the Service or the company or other legal entity on whose behalf that individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern the use of the Service and constitute an agreement between You and the Company. These Terms set out the rights and obligations of all visitors, customers, users, and others who access or use the Service.

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, You may not access or use the Service.

You represent that You are at least 18 years old. The Company does not knowingly permit individuals under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures regarding the collection, use, and disclosure of Your personal information when You use the Website. It also explains Your privacy rights and how applicable law may protect You.

Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, security, availability, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with Your access to, use of, or reliance upon any content, goods, products, or services available through any third-party website or service.

We strongly advise You to review the terms and conditions and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if You breach these Terms and Conditions.

Upon termination, Your right to access or use the Service will cease immediately.

Any provisions of these Terms that, by their nature, should survive termination shall remain in effect following termination. These provisions may include ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute-resolution provisions.

Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of the Company and any of its suppliers arising under or related to these Terms, and Your exclusive remedy for all such claims, shall be limited to the amount actually paid by You through the Service or one hundred United States dollars, whichever is greater.

To the maximum extent permitted by applicable law, in no event shall the Company, its Affiliates, licensors, service providers, employees, agents, officers, directors, or suppliers be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages whatsoever.

This limitation includes, but is not limited to, damages for loss of profits, loss of revenue, loss of data or other information, business interruption, personal injury, loss of privacy, or any other loss arising out of or related to:

  1. The use of or inability to use the Service;

  2. Products or services purchased through the Service;

  3. Third-party software, services, content, or hardware used in connection with the Service; or

  4. Any provision of these Terms.

These limitations apply even if the Company or a supplier has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some states or jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the above limitations may not apply to You.

In jurisdictions where certain limitations are not permitted, each party’s liability shall be limited to the greatest extent permitted by applicable law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without warranties of any kind.

To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors, suppliers, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise.

This disclaimer includes, without limitation, implied warranties of:

  • Merchantability;

  • Fitness for a particular purpose;

  • Title;

  • Non-infringement; and

  • Warranties arising from a course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, the Company makes no warranty or representation that the Service will:

  1. Meet Your requirements;

  2. Achieve any intended result;

  3. Be compatible with or work with any other software, applications, systems, devices, or services;

  4. Operate without interruption;

  5. Meet any performance or reliability standards;

  6. Be secure or error-free; or

  7. Have all errors or defects identified or corrected.

Neither the Company nor any of the Company’s service providers makes any representation or warranty, express or implied:

  1. Regarding the operation or availability of the Service;

  2. Regarding the information, content, materials, products, or services included on or made available through the Service;

  3. That the Service will be uninterrupted, secure, or error-free;

  4. Regarding the accuracy, reliability, completeness, or currency of any information or content made available through the Service; or

  5. That the Service, its servers, its content, or communications sent by or on behalf of the Company are free from viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory consumer rights. Therefore, some or all of the exclusions and limitations stated in this section may not apply to You.

In such cases, the exclusions and limitations stated in these Terms shall be applied to the greatest extent permitted under applicable law.

Governing Law

These Terms and Your use of the Service shall be governed by the laws of the State of California and the applicable federal laws of the United States, without regard to conflict-of-law principles.

Your use of the Service may also be subject to other applicable local, state, national, or international laws.

Dispute Resolution

If You have a concern or dispute regarding the Service, You agree to first attempt to resolve the matter informally by contacting the Company at:

electricartsupport@gmail.com

Nothing in this section shall prevent either party from seeking relief in a court of competent jurisdiction when informal resolution is unsuccessful or when immediate legal relief is necessary.

For European Union Users

If You are a consumer residing in the European Union, You will benefit from any mandatory provisions of the laws of the country in which You reside.

Nothing in these Terms is intended to limit any consumer rights that cannot legally be waived or restricted.

United States Legal Compliance

You represent and warrant that:

  1. You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a country supporting terrorism; and

  2. You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified and interpreted to accomplish its intended purpose to the greatest extent permitted under applicable law.

The remaining provisions of these Terms shall continue in full force and effect.

Waiver

Except as expressly provided in these Terms, the failure of either party to exercise a right or require performance of an obligation under these Terms shall not affect that party’s ability to exercise that right or require that performance at a later time.

A waiver of one breach shall not constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may be translated and made available through the Service in languages other than English.

In the event of a conflict or dispute regarding the meaning or interpretation of a translated version, the original English-language version shall control to the extent permitted by applicable law.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before the revised Terms take effect. What constitutes a material change will be determined at Our sole discretion, subject to applicable law.

We may provide notice by posting the revised Terms on the Website, updating the “Last updated” date, sending an email, or using another reasonable notification method.

By continuing to access or use the Service after revised Terms become effective, You agree to be bound by the revised Terms.

If You do not agree to the revised Terms, in whole or in part, You must stop accessing and using the Website and Service.

Contact Us

If You have any questions about these Terms and Conditions, You may contact Us:

By email: electricartsupport@gmail.com