Artwork Images - at least 5 jpeg images with titles, mediums and dimensions.
Your Biography and Artist Statement - tell us about yourself and your background.
You may also provide us with an online portfolio or a PDF version as long as it includes all of the above information.Artist Submission Page
or email your portfolio to:
Virtosu Art Gallery is selling the artwork featured in any of its online exhibitions or on it's gallery website.
The Gallery represents the artists in the exhibitions and in the catalogue on its website. All inquiries from potential buyers who see the artwork on the website will be directed to the sales department.
Sales that originate through Partner programs will be subject to a separate agreement between Virtosu Art Gallery and the partner. The artwork does not need to be for sale to be included in our Catalogue.
Our Gallery online shop will launch on 29th of June 2019.
Untill than please use the inqure button at the bottom of artwork page. A member of sales team will contact you shortly after form submission.
Call us on +1 (786) 408-7984
Please use the inqure button at the bottom of artwork page
or call us on +1 (786) 408-7984
Please use the inqure button for queries relating to availability and price of artwork.
Starting June 2019 will have the online shop running.
Our collections are curated according to the year of formation of the collection, usually one or two years after the works have been commissioned.
So collection 2017 will comprise works executed during 2015-2017. Collection 2016 will comprise works executed during 2014-2016 and so on.
A Certificate of Authenticity is a signed document proving the authenticity of the work and containing details about the artwork for the collector's reference.
This document shall accompany the artwork.
The Certificate of Authenticity contains the following information:
1. Name of artwork 2. Medium 3. Dimensions of artwork 4. Edition 5. The date the artwork was purchased 6. Names of previous owners 7. The artist’s hand-written signature 8. Entity who authored and signed the certificate.
Proper framing is protection, preservation, and presentation to keep safe the investment/potential investment of artwork.
We use the best materials for the particular artwork. A framer’s work is just as much an art as the work of the artist themselves.
Fine Art Shipping With Packaging & Crating Services.
Proven technique begins with a thorough assessment that considers factors such as product:- fragility- size- value- pickup conditions- mode of transport- environmental factors such as climate- final destination requirementsEach requirement is factored into the appropriate container and cushioning system for ensuring damage free shipment.
You can estimate your art's arrival by adding the processing and transit times.
We typically process in-stock framed items within 10-15 business days.
You get to choose the best fit for you, both in terms of price and service.
Whether you're shipping priceless museum art or a single, sentimental piece - our custom services will ensure it will be packed, crated, and shipped safely to any location worldwide.
Our logistics partners are FedEx and DHL.
You can quickly check the status of a current order with your order number and email address. As soon as your art ships, we'll send you a confirmation email that includes a tracking number.
BASIC FINE ARTS COVERAGE.
Broad, all-risks coverage from the time artwork is taken from us, to the time it is delivered, on a worldwide basis.
Blanket limits on property in our care, custody, & control at scheduled locations and any other unnamed location including domestic & international transits or to door delivery.
In order to offer you quality service, we combine similar items in one shipment subject to the processing times of all items in the shipment.
If an unexpected delay should occur that prevents available items on your order from shipping when expected, you may specifically request that the available items be shipped separately.
Please use the inquire button at the bottom right of the artwork page. We will contact you shortly.
or call us on +1 (786) 408-7984
We accept all major credit cards, including:VisaMastercardAmerican ExpressDiscover
We also accept:PayPalPayPal Credit
Banking instruments:ChecksMoney orders
For US customers the total cost of sales taxes will add to the invoice, the gallery shall deliver to customer door.
For Non US customers general guidance:
VAT at local rate payed by customer. We encourage you to contact your local postal service or customs bureau for more specific information.
Virtosu Art Gallery is the world’s leading online abstract art gallery, connecting people with collectible abstract art from the 21st century best artists.
Virtosu Art Gallery offers an unparalleled selection of collectible abstract paintings and, sculpture in a range of prices, and provides art lovers, collectors and best artists from around the world with an expertly curated environment.
Based in Wilmington, Delaware, Virtosu Art Gallery is redefining the experience of buying and selling collectible museum quality abstract art by making it easy, convenient and welcoming for both collectors and artists.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Virtosu Art Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
We encourage you to check back regularly to review these Terms.
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), Virtosu Art Gallery Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
In order to make a purchase through the Services, (other than users who utilize the guest checkout option or visitor), you must first create an account ("Account") by completing our registration process. During the registration process, you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Virtosu Art Gallery Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Virtosu Art Gallery Art of any unauthorized use of your Account.
The works for sale on the service are Virtosu Art Gallery property only or are in our custody. The works are stored at our warehouses, the gallery deals with logistics and delivery. A work available is always framed and packaged.
Only represented artists may feature on the gallery website and exhibitions. Virtosu Art Gallery reserves the right to edit any listings to ensure that they comply with the guidelines. Virtosu Art Gallery reserves the right to promote and market Original Works of Art through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art. Only the gallery has the right to remove a listing for an Original Work of Art from the Services.
We acknowledge and agree that we are solely responsible for all Original Works of Art and Digital Works that are made available through the Services. Accordingly, the gallery represent and warrant that: (i) as to Original Works of Art that we make available through the Services, our artists are the creators of all such Original Works of Arts and we are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that our artists make available through the Services, we are either the sole and exclusive owner of all such Digital Works or we have all rights, licenses, consents and releases that are necessary to grant the rights in such Digital Works as contemplated under these Terms.
Virtosu Art Gallery is exclusive seller with the right to sell the Original Works of Art through the Services and on third-party websites and sales channels (collectively “Online Sales”) and the artists hereby grant Virtosu Art Gallery a worldwide, transferable, exclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Virtosu Art Gallery Art, the Services. The artists acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
Virtosu Art Gallery and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Virtosu Art Gallery’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Virtosu Art Gallery and the third party website or Virtosu Art Gallery’s Offline Sales partner, as applicable, to Virtosu Art Gallery and share related shipping information, including the contact details of the purchaser where necessary, with Virtosu Art Gallery.
Virtosu Art Gallery will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Virtosu Art Gallery will provide information regarding its preferred shippers. We agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the "Shipping Period"). If we do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be canceled. Virtosu Art Gallery will be responsible for the cost of shipping.
You agree to comply with the terms and conditions of Virtosu Art Gallery 's then-current Return Policy that are applicable to any Original Works of Art that are sold through the Services.
When you purchase such an Original Work of Art through the Services, you are purchasing the work from Virtosu Art Gallery. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Virtosu Art Gallery and/or its third party service providers will collect your billing and shipping information and process your payment. The Gallery will ship the purchased work directly to you. The terms and conditions of Virtosu Art Gallery 's then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Virtosu Art Gallery reserves the right to cancel any order for an Original Work of Art if Virtosu Art Gallery determines, in its sole discretion, that the item is mispriced, or otherwise unavailable. If Virtosu Art Gallery cancels an order placed via the Services, Virtosu Art Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.
If you desire to purchase an Original Work of Art for which another customer has submitted an offer, you may not purchase such Original Work of Art unless the offer expires.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars or EU equivalent and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). Virtosu Art Gallery will withhold the Taxes on US territories. Non US customers are encouraged to contact their local postal service or customs bureau for more specific information.
If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Virtosu Art Gallery will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Virtosu Art Gallery uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Virtosu Art Gallery is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
Virtosu Art Gallery may also make available through the Services text, graphics, audio, video and images of works of art (collectively, " Virtosu Art Gallery Content"), some of which is owned by Virtosu Art Gallery Art ("Virtosu Art Gallery - owned Content"), and some of which is made available under license by a third party ("Virtosu Art Gallery - licensed Content"). Virtosu Art Gallery authorizes you to download, view and print Virtosu Art Gallery - owned Content" solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Virtosu Art Gallery - licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Virtosu Art Gallery Art - licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Virtosu Art Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, Virtosu Art Gallery 's name, any Virtosu Art Gallery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Virtosu Art Gallery Art's express written consent;
• Access, tamper with, or use non-public areas of the Services, Virtosu Art Gallery 's computer systems or network, or the technical delivery systems of Virtosu Art Gallery 's providers;
• Attempt to probe, scan or test the vulnerability of any Virtosu Art Gallery system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Virtosu Art Gallery or any of Virtosu Art Gallery 's providers or any other third party (including another user) to protect Services, Virtosu Art Gallery Content or Member Content;
• Attempt to access or search Services, Virtosu Art Gallery Content or Member Content or download Virtosu Art Gallery Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Virtosu Art Gallery or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Virtosu Art Gallery trademark, logo URL or product name without Virtosu Art Gallery 's express written consent;
• Use Services, Virtosu Art Gallery Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Virtosu Art Gallery Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Virtosu Art Gallery Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
Virtosu Art Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Virtosu Art Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Virtosu Art Gallery has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Virtosu Art Gallery reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Virtosu Art Gallery Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Virtosu Art Gallery, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
On sold artwork, an option may be displayed next to the artwork that says, “Make an Offer” that allows buyers to submit a bid to the current owner. You can read our resale FAQ.
The resale offer option will be displayed on sold artworks if the current owner did not opt out. If someone makes an offer on an artwork that you have purchased through Virtosu Art Gallery, you will be contacted by Virtosu Art Gallery via email with the offer price as well as detailed instructions on how to move forward if you agree to sell. If you do not wish to accept the offer presented to you, you’re welcome to decline the offer. Should you decide to accept the offer, a member of our team will work closely with you through every step to the process.
• Shipping and Handling: You are responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. In addition, we allow sellers to arrange a pickup or drop-off with one of Virtosu Art Gallery’s couriers. You are required to deliver the artwork in the same condition and materials as described in the artwork description online or as discussed and agreed upon with Virtosu Art Gallery’s advisory team.
• Certificate of Authenticity: Reseller is required to deliver any certificate of authenticity that accompanied the artwork in the original purchase.
On every sold artwork, you may see an option next to the artwork that says, “Make an Offer”. Proceed through the steps to confirm your offer. Once you have made your offer one of our curators will contact you to facilitate this process. If your offer is accepted, we will work with you to handle payment and logistics.
• The offer form does not require registration or payment information. It simply collects your offer amount, personal message, and contact information (name, email).
• All resale orders are final unless the artwork arrives damaged. In the event of damaged artwork, the order will undergo the same refund process as with any regular order. If the work is determined to be beyond repair or restoration, then you will be eligible for a refund.
• In addition to the agreed upon price, additional costs such as shipping, customs/duties, and taxes may be applied thereafter. All such costs will be clearly communicated to buyers before collecting payment.
• Once you have confirmed you would like to proceed, you will need to provide your payment information before we process your purchase.
• If your offer is declined by the owner of the artwork, you agree that a curator may contact you to let you know and to help find similar works or facilitate a commission by the same artist.
• You cannot apply any promotional discounts to your offer.
The Services and Virtosu Art Gallery Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Virtosu Art Gallery and its licensors exclusively own all right, title and interest in and to the Services and Virtosu Art Gallery Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Virtosu Art Gallery Content.
Virtosu Art Gallery respects copyright law and expects its users to do the same. It is Virtosu Art Gallery 's policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Virtosu Art Gallery 's Copyright Policy for further information.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Virtosu Art Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Virtosu Art Gallery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device“”.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Virtosu Art Gallery and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, Virtosu Art Gallery grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable Virtosu Art Gallery Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Virtosu Art Gallery Art and not with the App Store. Virtosu Art Gallery Art, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of the agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
a. You acknowledge and agree that: (i) these Terms are concluded between you and Virtosu Art Gallery Art only, and not Apple; and (ii) Virtosu Art Gallery Art, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Virtosu Art Gallery Art and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Virtosu Art Gallery.
d. You and Virtosu Art Gallery acknowledge that, as between Virtosu Art Gallery and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Virtosu Art Gallery acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Virtosu Art Gallery and Apple, Virtosu Art Gallery, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
f. You and Virtosu Art Gallery acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
g. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Virtosu Art Gallery reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility.
If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE.
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
THE SERVICES, VIRTOSU ART GALLERY CONTENT, AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VIRTOSU ART GALLERY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VIRTOSU ART GALLERY MAKES NO WARRANTY THAT THE SITE, SERVICES, VIRTOSU ART GALLERY CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIRTOSU ART GALLERY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, VIRTOSU ART GALLERY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES VIRTOSU ART GALLERY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. VIRTOSU ART GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
You agree to defend, indemnify, and hold Virtosu Art Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Virtosu Art Gallery Content or Member Content, or your violation of these Terms.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Virtosu Art Gallery Content, and Member Content remains with you. Neither Virtosu Art Gallery nor any other party involved in creating, producing, or delivering the Services, Virtosu Art Gallery Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Virtosu Art Gallery Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Virtosu Art Gallery has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
All trademarks, service marks, logos, trade names and any other proprietary designations of Virtosu Art Gallery used herein are trademarks or registered trademarks of Virtosu Art Gallery or its licensors. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE INDIVIDUALLY ASSERTED.
All disputes arising out of these Terms (including the formation, performance or alleged breach) or your use of the Services will be exclusively resolved under confidential binding arbitration. If you can demonstrate that arbitration in Delaware would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Delaware before and in accordance with the Rules of the American Arbitration Association. You may download or copy a form notice at www.adr.org. If you initiate arbitration, your arbitration fees will be limited to the filing fees. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in the state or federal court in Delaware, to enforce these Terms or prevent infringement of a third party’s rights. In the event equitable relief is sought, each party irrevocably submits to the personal jurisdiction of such court.
WE BOTH AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE EACH ARE GIVING UP ANY RIGHT THAT WE EACH MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THESE TERMS.
Any action concerning any dispute with respect to the Services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Under Delaware Civil Code, Delaware users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Delaware Department of Consumer Affairs may be contacted in writing at:
Delaware Department of Justice
Consumer Protection Unit
Carvel State Office Bldg.
820 N. French St., 5th fl.
Wilmington, DE 19801.
The Services are controlled and operated by Virtosu Art Gallery from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between Virtosu Art Gallery and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Virtosu Art Gallery and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Virtosu Art Gallery 's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Virtosu Art Gallery may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Virtosu Art Gallery via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Virtosu Art Gallery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Virtosu Art Gallery. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have a complaint, you may contact us at Virtosu Art Gallery’s legal department:
DVG GROUP CORP.
Attn: Legal Department
919 North Market Street Suite 950
Wilmington, DE 19801, USA
© DVG GROUP CORP. All rights reserved.
Virtosu Art Gallery Copyright Policy Notification of Copyright Infringement ("Virtosu Art") respects the intellectual property rights of others and expects its users to do the same. It is Virtosu Art Gallery's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Virtosu Art Gallery will respond expeditiously to claims of copyright infringement committed using the Virtosu Art Gallery website (the "Site") that are reported to Virtosu Art Gallery's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Virtosu Art Gallery's Designated Copyright Agent. Upon receipt of the notice as described below, Virtosu Art Gallery will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
From the time you receive your original artwork from our couriers, you have seven (7) days to decide whether to keep the work or return the artwork in its original condition for a refund.
We also require all returned artwork to be shipped out by the buyer within three (3) days after confirming with us that the work will be returned. So, if you receive artwork you’ve purchased from Virtosu Art Gallery and are not fully satisfied, you have:
Seven (7) days to contact us about your intent to return the work.
Three (3) days from the day you contacted us to ship out the artwork.
***Do not ship the artwork before contacting us; you must first contact us.
*** If you do not notify us of your intent to return the work within 7 days of receipt or you do not ship the work within 3 days of notifying us, you will NOT be eligible for a refund. (Some exceptions will apply. Please contact us for an assessment of your specific situation.)
Step 2 – Repackage the artwork using the original packaging materials. Please do not dispose of the original packaging. Please refer to our Packaging Guidelines for instructions on how to safely package artwork for shipment.
Once the piece safely reaches us, Virtosu Art Gallery will process your return and the amount owed will be refunded to your original source of payment in the same currency and using the same exchange rate as your original order (minus shipping costs and international customs fees, if any) within 7-10 business days of your merchandise return.
Additional shipping fees may apply for international returns.
Step 2 - Save original packaging!
Step 4 - A Virtosu Art Gallery support representative will contact you to discuss next steps.