Introduction And General Terms
1. Information Purposes Only
The information available via this website is for informational purposes only. Without limiting anything else in these terms or otherwise, PM/AM is not responsible for any errors or omissions on the website or site materials.
2. Proprietary Rights
PM/AM owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through this website ("Site Material"), as well as the selection, coordination, arrangement, and organisation and enhancement of the site material. You agree not to remove or alter any copyright notice or any other proprietary notice on any site materials. Under no circumstances will you have any rights of any kind in or to the site, other than the right to use the site in accordance with these terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this site solely for such purposes without PM/AM written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities
You agree that you will not use the site for (a) any illegal or unauthorised purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the site or for modifying another website so as to falsely imply that it is associated with PM/AM; (c) uploading, posting, hosting, or transmitting unsolicited email, smss, "Spam" messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the site who has requested not to be contacted; or (e) attempting to gain unauthorised access to PM/AM computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the site or any services provided through the site.
4. Materials Submitted To The Site
The site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the site ("User Content"). Upon your submission of user content or other material or information to PM/AM you grant PM/AM a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the user content, all without any compensation to you whatsoever. If you believe that any content or postings on the site violate your intellectual property or other rights, please follow our complaint procedure in section 12 of these terms.
5. Payments Through This Site
By purchasing products through this website, you confirm that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, PM/AM may use the services of third parties.
6. Third Party Web Sites And Content
As set forth in section 4 and section 5, parties other than PM/AM may provide products, services or content on the site. Additionally, the site contains links to other web sites for the convenience of visitors in locating information, products, or services that may be of interest. PM/AM does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. PM/AM does not endorse any product, service, or treatment provided on a third party website or advertised on the site.
7.2. What We Collect
We only collect information such as name, contact information including email address, demographic information such as zip code and preferences along with other information relevant to our role as gallery, when you provide us with this information.
7.3. What We Do With The Information We Gather
We gather this information to understand your needs and provide you with a better service. More detailed information that you have personally sent to us will be kept for internal record keeping. We may use the information to improve our products and services. Periodically we will send promotional emails about artists and their work, artist related news, invitations to events or other information which we think you may find interesting using the email address which you have provided.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of a website.
7.6. Controlling Your Personal Information
You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We will only use your personal information to send you promotional information in relation to PM/AM and it's activities as gallery.
You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please email us this request using our Contact Us information.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
PM/AM, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any user material, site material, links, advertisements or other items contained within the site. PM/AM reserves the right to immediately remove any user material or site material for any reason or for no reason. PM/AM cannot and does not review all communications made on or through the site, but, although not obligated to, may review, verify, make changes to or remove any site material, user material, the site or the products or services made available in connection with the site with or without notice in its sole discretion. The site, the site materials, user materials and materials on, in, and made available through the site, and the services, products, information and other materials on and in and made available through the site is made available "as is" and "with all faults." Use of the site is entirely at your own risk. PM/AM and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the site materials, user materials, the services, products, information and other materials on and in and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
PM/AM and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the site materials, user materials, the services, products, information and other materials on and in and made available through the site, regardless of legal theory, whether or not you or PM/AM had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of PM/AM and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the site, the site materials or user materials on, in, and made available through the site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of PM/AM and its affiliates, subsidiaries or its licensors shall not exceed ten pounds (£10.00). If you are dissatisfied with the site, or with any of these terms, or feel PM/AM has breached these terms, your sole and exclusive remedy is to discontinue using the site.
You shall indemnify PM/AM and its members, managers, directors, officers, employees, agents, contractors and licensors ("PM/AM indemnities") against all Claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the site and your use of the site or services obtained through the site, your fraud, violation of law, negligence, willful misconduct, or any other use of the site, the site materials, user materials, the services, products, information and other materials on, in and made available through the site, (except to the extent attributable to PM/AM), or any breach by you of these terms and shall indemnify and hold PM/AM indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable lawyers’ fees and lawyers’ disbursements) arising out of or incurred in connection with such Claims.
11. Complaint Procedures
If you believe that any content or postings on this site violates your intellectual property or other rights, please send to PM/AM at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "the statements, representations, and assertions made in this message are true, complete, and accurate and i have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
12. Changes To These Terms
PM/AM reserves the right at any time to modify, alter or update these terms. Notice of any new or revised terms, as well as the location of the new or revised statement, will be posted on the site for at least twenty (20) days after the change. Your use of the site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these terms shall be effective as to any visitor who has visited the site before the change was made. PM/AM reserves the right to suspend or terminate your access to this site and/or ability to use the services with or without notice for failure to comply with these terms, for providing PM/AM with untrue or inaccurate information about yourself, for infringement upon PM/AM proprietary rights, or for any other reason whatsoever or for no reason.
13. Governing Law And Jurisdiction
These terms represent the entire agreement between you and PM/AM with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the United Kingdom, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the site, you consent and agree to (a) the exclusive jurisdiction of United Kingdom; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The site is not intended for children under the age of 13. The site is controlled and operated from within the United Kingdom and Germany and hosted in the U.S.A. Without limiting anything else, PM/AM makes no representation that the site, site materials, user materials, services, products, information or other materials available on, in, or through the site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of PM/AM to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these terms or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."
For further information or questions regarding the use of this website please email: email@example.com