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Virtosu Art Gallery Terms of Service

Last Updated Date: September 20, 2019


Virtosu Art Gallery, a wholly-owned subsidiary of DVG GROUP CORP. ("Virtosu Art", "Virtosu Fine Art", "we" or "our") provides a service for viewing, selling reproductions, art and canvas prints, original works of art (the "Service", collectively the "Services") through our website, accessible at www.virtosuart.com and https://www.virtosuart.com/fine-art/ (the "Sites") or mobile application (the “Mobile Application”) together with any services, software, tools, features or functionality made available by Virtosu Art Gallery (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at https://www.virtosuart.com/fine-art/help/privacy-policy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein govern your access to and use of the Services and constitute a binding legal agreement between you and Virtosu Art Gallery.

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.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

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.

Modifications to these Terms

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.

Modifications to the Services

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.

Eligibility

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.

Account Registration

In order to make a purchase through the Services, (other than users who utilize the guest checkout option), 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.

Privacy

See Virtosu Art Gallery's Privacy Policy at https://www.virtosuart.com/fine-art/help/privacy-policy for information and notices concerning Virtosu Art Gallery's collection and use of your personal information.

Online Sales

Virtosu Art Gallery is an independent exclusive reseller with the right to resell such Original Works of Art through the Services and on third-party websites and sales channels (collectively “Online Sales”). Virtosu Art Gallery has 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.

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.


You agree to comply with the terms and conditions of Virtosu Art Gallery 's then-current Return Policy at https://www.virtosuart.com/fine-art/help/return-policy that are applicable to any Services that are sold through the Services.

Purchaser Terms and Conditions
Purchases of Services

As a Member, you may purchase Services that are listed by on our website. When you purchase such Services, you are purchasing the work from Virtosu Art Gallery. Prices for Services 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. Virtosu Art 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 Services that you purchase. When you purchase Services via Online Sales 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.

Order Cancellations

Virtosu Art Gallery reserves the right to cancel any order for Service or Services if Virtosu Art Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. 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.

Terms for both Sellers and Purchasers
Taxes

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 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").

Color

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.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.. You acknowledge and agree that all Feedback will be the sole and exclusive property of Virtosu Art Gallery and you hereby irrevocably assign to Virtosu Art Gallery and agree to irrevocably assign to Virtosu Art Gallery all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Virtosu Art Gallery 's request and expense, you will execute documents and take such further acts as Virtosu Art Gallery may reasonably request to assist Virtosu Art Gallery to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Virtosu Art Gallery Content

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.

General Prohibitions

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.

Ownership

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.

Copyright Policy

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 at https://www.virtosuart.com/fine-art/help/content-policy for further information.

Links

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.

Termination and Account Cancellation

If you breach any of these Terms, Virtosu Art Gallery will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Virtosu Art Gallery reserves the right to revoke your access to and use of the Services, Virtosu Art Gallery Content and Member Content at any time, with or without cause. In the event Virtosu Art Gallery terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it..

Mobile Services and Applications

“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.

Fees

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.

Payments

If you wish to purchase Services, you may be asked by our payment processors 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.

You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

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.

Disclaimers

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 ART 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 ART CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VIRTOSU ART GALLERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

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 ART DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES VIRTOSU ART GALLERY ART MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. Virtosu Art Gallery ART 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, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

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 your violation of these Terms.

Limitation of Liability

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.
In no event will Virtosu Art Gallery 's aggregate liability 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 exceed: (i) if you are a Member who has sold Original Works of Art or has licensed Digital Works and has received any Artist Revenue Share from Virtosu Art Gallery from the sale of Printed Works, the total payments made or credited to you by Virtosu Art Gallery for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to Virtosu Art Gallery for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Virtosu Art Gallery and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

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.

Controlling Law

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.

Waiver of Class Action Rights and Dispute Resolution

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 Los Angeles County, California 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.

Limitations on Actions

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.

Notice for Delaware Users

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.

Users from Other Jurisdictions

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.

Entire Agreement

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.

Assignment

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.

Notices

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.

General

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.

Contacting Virtosu Art Gallery

If you have any questions about these Terms, please contact Virtosu Art Gallery at This email address is being protected from spambots. You need JavaScript enabled to view it..

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
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© DVG GROUP CORP. All rights reserved.

© 2019 Virtosu Art Gallery. All rights reserved. This email address is being protected from spambots. You need JavaScript enabled to view it.