TERMS OF SERVICE
Welcome to Lift Art Gallery! We hope you find our service to contentment.
By accessing and using this site and services, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this site and these particular services, you shall be subject to any posted guidelines or rules applicable. Any use of the site or participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. These terms govern your access to and use of the site and services, and constitute a binding legal agreement between you (the “Artist”) and Eskart AB (“Lift Art Gallery”, “us”, “we”).
Age of user
By buying our services, you confirm that you are 18 years of age or older. If a minor wish to use the service, a guardian must approve this agreement. Please contact Lift Art Gallery at email@example.com to do this.
Accuracy of information
This site and services and its components are offered for informational purposes only; this site or services shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site or services, and shall not be responsible or liable for any error or omissions in that information.
Intellectual property rights
The site and services and its original content, features, and functionality are owned by Lift Art Gallery and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The original art and images (“User content”) that the artist submit, are owned by the Artist and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws
All payments are made when acquiring the service. If payment is not received or the payment method is declined, the buyer forfeits the ownership of any service purchased. If no payment is received, no service will be provided.
An order may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment and no cancellation will be made.
We aim to only have satisfied customers. If the Artist does not find the service to contentment, we will do our best to find a solution that suits both parties. Solutions can be, but are not limited to, partial refund, full refund, change to the service, extended duration of service. However, due to the personalization of the service, we cannot guarantee that we will refund any money.
Duration of service
A membership is purchased on a yearly basis. Towards the end of thid period the Artist will be offered to extend the service. It is completely up to the Artist to choose to pay for another year, or to terminate the membership.
Uploading material to the web site
By submitting User content on or through our site and services, the Artist grant us a non-exclusive, worldwide right and license to use, store, distribute, publish, modify, translate, and publicly display the Artist’s User content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our services. This right can be revoked by the request of the artist to firstname.lastname@example.org.
In no way does this license include the right to sell the Artist’s User content in any form.
You may not submit works of art that were created by another artist. Your submitted user content may not violate any right of, or cause injury to, any person or entity.
You undertake to provide accurate, up-to-date and complete information about yourself as requested in the registration form.
Functionality of service
Lift Art Gallery aims to maintain and run a website of as good quality and functionality as possible. If something on the site or our services does not work as intended, we will to the best of our ability, handle this. However, the site and services may be disturbed by factors beyond our control, and therefore Lift Art Gallery does not provide any guarantees for the functionality of the site or service. Lift Art Gallery can never be held responsible for any material damage, loss of profit, negative publicity, bad reputation, or anything else that affects the operation of your business.
Lift Art Gallery does not take responsibility for the site or service function on all devices, all web browsers or all versions of web browsers. Neither does Lift Art Gallery take responsibility for the site and service appearing different on different screens.
Changes to the web site
Lift Art Gallery reserves the right to change the site at any time. This includes the right to delete or discontinue information as well as parts of or the entire service.
Lift Art Gallery reserves the right, at any time, and without justification, to deny or terminate your use of the service. If so, this will be communicated via the email address you provided when registering. If the decision to do so is made by us, a reasonable refund of payment will be made.
Lift Art Gallery respects the intellectual property rights of others and expects its users to do the same.
Lift Art Gallery will swiftly respond to claims of copyright infringement committed using our services that are reported to us.
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 our site or service to email@example.com. Upon notice as described above, Lift Art Gallery will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the site.
Links to other websites
You consent to receive communications from us electronically, and you agree that we may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. You agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.
Use of content
Content mean any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our site or services. It does not include the Artist’s User Content which you may have submitted to us as outlined above.
You must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any content in any way without express prior written permission from Lift Art Gallery or (as applicable) the appropriate third-party rights holder.
Any commercial exploitation of any image or other content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
Purchase and sale of goods
Lift Art Gallery offers a platform for making inquiries to artists. We do not own, hold or sell the products available on our website. All items on the webpage are sold directly from the seller to the buyer and we are not a party in any sale. We do not carry neither legal ownership nor physical possession of goods from sellers to buyers.
We do not control and are not responsible for the conduct of any buyer, potential buyer, bidder or seller. We do not guarantee that a buyer, potential buyer, bidder or seller lives up to a contract or completes a purchase or sale.
We reserve the right to refuse, remove or delay any arrangement of an article by an artist at any time.
Either party has the right to terminate this agreement and the service, without cause and at any time, upon 30 days prior written notice to the other party. If the agreement and service is terminated by us without 30 days prior written notice, we must repay the cost of the remaining time of the service. Termination of this agreement and service may result in the forfeiture and destruction of all or some information associated with your service. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, Lift Art Gallery expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without any limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Lift Art Gallery makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this disclaimer may not apply to you.
Limitation of damages
To the extent permitted by applicable law, in no event shall Lift Art Gallery, its affiliates, directors or employees, or its licensors or partners, be liable to you for any loss of profit, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (A) the use, disclosure, or display of your user content; (B) your use or inability to use the service; (C) the service generally or the software or systems that makes the service available; or (D) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set fort herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
Lift Art Gallery reserves the right to change the content of these terms at any time, as long as this complies with applicable law. Any changes to these Terms which may meaningfully diminish or restrict the rights of the Artist shall require the prior written approval of the Artist, which approval shall not unreasonably be withheld.
Any complaints about artwork or artists may be sent to our support team: firstname.lastname@example.org. There is no guarantee of a resolution. Each case will be looked at individually.
Choice of law and dispute resolution
Any claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by a Swedish or European Union court.
These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of Sweden and to the extent applicable, the laws of the European Union, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.
Each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or, if earlier, one (1) year after such claim arose, or else such claim will be permanently barred.
Our Services are based in Sweden and we do not represent or warrant that our Services will be appropriate or available for use outside Sweden.
If you are located outside Sweden, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.
Any questions regarding these terms and conditions can be asked at email@example.com.
These Terms are effective December 7, 2020. To see previous versions of the terms please contact us by email at firstname.lastname@example.org