the Art Market & Gallery LICENSING TERMS & CONDITIONS

END-USER LICENSE AGREEMENT (EULA)

Users of this service understand and agree that VisualVia.net and Access Arts, Inc. do not represent any parties in possible transactions, i.e. either the artist and/or potential customer and contacts. All public inquiries regarding an artist displayed work will be forwarded to the artist. Any transaction, including purchases/exchange of money or services, shipping and/or refunds, is solely between the contact/customer and the creator/owner of the artwork. We are not involved in any way.

Website Materials & Stock Photography:
By purchasing and downloading any stock image or material from our website that was made available by sale, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between the Art Market & Gallery (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.  the Art Market & Gallery hereby represents that artist/photographer owns all rights and copyrights to all stock images provided for sale on our website, and all rights and copyrights to website and materials shall remain the exclusive property, right and control of and under the Art Market & Gallery and  "Materials" from our website will constitute and be defined as any image, design, or layout represented on the the Art Market & Gallery website.  By downloading any Materials or stock photos from the Art Market & Gallery you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.

Images for that can be downloaded from the Store, such as photos or videos, are available for immediate customer purchase and delivery through our system. Their are no refunds for these purchases because they cannot be returned.

Terms of Use and Conditions as Defined Below:

A. User's Rights to Materials from the Art Market & Gallery.  You agree to access, acquire, and use our Materials as follows:

1. These Terms and Conditions constitute a legal Agreement between You and the Art Market & Gallery.
   
   
2. the Art Market & Gallery.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
   
   
3. You may access, acquire, and use the 'purchased' images and materials downloaded from the Art Market & Gallery.com subject to these Terms and Conditions in the following manner:

• a. In the development and creation of your business presence and entity.
• b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as par of the cover?s design, and newspapers.
• c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
• d. As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
• e. In a PowerPoint presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that Some images contained in this presentation are the copyrighted property of the Art Market & Gallery.  As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from the Art Market & Gallery.
  
• f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game.  However, you may not, under any circumstances use the materials from our website in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system. 

B. User's Restrictions on the Use of the Art Market & Gallery Materials and/or purchased images.  You agree not to access, acquire, or use our Materials in any of the following manners:

1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
   
   
2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
   
   
3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from the Art Market & Gallery section of this Agreement. 
   
   
4. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
   
   
5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
   
   
6. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
   
7. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
   

C. You understand and agree that the Art Market & Gallery may, in its sole discretion:

1. Monitor your download activity from the Art Market & Gallery as often as the Art Market & Gallery determines under its sole discretion for any reason and for any violation of this Agreement.
   
   
2. Disable any account that engages in what the Art Market & Gallery determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
   
   
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as the Art Market & Gallery sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
   
   
4. Investigate any abuse of your username and password in connection with the the Art Market & Gallery website or in connection with this Agreement.
   
   
5. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
   
   
6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on the Art Market & Gallery, without notice.  If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to the Art Market & Gallery Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
   

D. You understand that Materials are copyrighted and owned by the Art Market & Gallery only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. 
 
E. the Art Market & Gallery and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS.  the Art Market & Gallery its employees, directors, and officers and anyone else associated with the Art Market & Gallery makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  the Art Market & Gallery further makes no representation or warranty that your usage of the Art Market & Gallery will be uninterrupted, error free of computer viruses, or other damaging materials.  When you login to your account, and access the Art Market & Gallery, you do so at your own risk.
 
F. the Art Market & Gallery, its employees, directors, and officers, or anyone else associated with the Art Market & Gallery shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials.  the Art Market & Gallery, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using the Art Market & Gallery, and for accessing, acquiring, and/or using Materials from the Art Market & Gallery.
 
G. AGE OF MAJORITY.  You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement.  You further agree that you fully understand the contents, meaning and impact of this agreement.  You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement.  Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity.  You further attest that the information you provide to the Art Market & Gallery is accurate and true, including without limitation all credit card information
 
H. You agree to fully, indemnify, and hold harmless the Art Market & Gallery, its employees, directors, officers, and any other entity associated with the Art Market & Gallery, and each  of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
 
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.

the Art Market & Gallery TERMS OF USE

This site is owned and operated by the Art Market & Gallery . Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to "Terms of Use").  If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as "Site", not use any of the materials available herein, and/or not subscribe to this service.

COPYRIGHTED MATERIALS. 

1. "Materials" on the Art Market & Gallery shall constitute and be defined as any files, images, animations, photographs, or text available on the Art Market & Gallery.
   
   
2. All Materials downloaded from the Art Market & Gallery is licensed to you by the Art Market & Gallery  and/or creator/owner of the material. Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you. 
   
   
3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from the Art Market & Gallery except for your use, which is subject to the Usage Guidelines.
   
   
4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with the Art Market & Gallery, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.
   

EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, the Art Market & Gallery MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY the Art Market & Gallery WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. the Art Market & Gallery DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT the Art Market & Gallery WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL the Art Market & Gallery OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF the Art Market & Gallery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF the Art Market & Gallery OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.