Terms of Service
The Harn Gallery provides a service for selling and purchasing original works of art through our website, accessible at www.harngallery.com (the "Site"). These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and the Harn Gallery. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Use of the Site
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
Account and Access
Harn Gallery respects copyright law and expects its users to do the same. It is Harn 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.
Limits and Modifications
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Harngallery. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Harngallery specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own;
Impersonating another person;
Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Posting material that infringes on any other intellectual property, privacy or publicity right of another;
Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
Attempting to interfere in any way with the Site's or Harngallery's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses
Abusing special discounts, awards or incentives offered by Harngallery. Unless otherwise specified, only one offer is value per person, maximum two per household.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging into a server or account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content
You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include profiles, images, art collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party. Harn Gallery may at its sole discretion remove any user content that is deemed inappropriate, offensive or of a pornographic nature.
Selling on Harngallery
Seller Terms and Conditions
Listing Works on the Site
As a Member, you may submit listings for original works of art that you have created and that you desire to sell through the Site and Services. You may not submit listings for original works of art that were created by another artist. In order for your listings to be accepted, you must provide Harn Gallery with all the information requested on the applicable page of our Site and you must comply with any other Harn Gallery requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Harn Gallery with a copy of a government-issued ID or similar documentation. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Harn 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 . You always retain the right to remove a listing for an original work of art.
If you want to remove a listing for an original work of art or digital work from the site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all original works of art that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to original works of art that you make available through the Site and Services, you are the creator of all such original works of art and you are the sole and exclusive owner of all such original works of art; and (ii) the original works that you make available through the Site and Services nor Harn Gallery’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for original works of art, you hereby appoint Harn Gallery as an independent non-exclusive reseller with the right to resell such original works of art through the Site and Services and on third party websites and you hereby grant Harn Gallery a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the original works of art sales via online sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the original works of art in any form, medium or technology now known or later developed for the purpose of promoting Harn Gallery, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your 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 works of art via the Online Sales channel.
As between you and Harn Gallery, Harn Gallery will be deemed the seller of any original works of art that are purchased via Online Sales channels
Harn Gallery will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.
For original works of art, Harn Gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Harn Gallery, you will be responsible for shipping the purchased original works of art directly to the purchaser. Harn Gallery will provide you with information regarding its preferred shippers. You agree to ship the purchased original works of art to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased original works of art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
You will send a photo or scanned copy of the shipping receipt with the tracking number to firstname.lastname@example.org within seven days following the date of purchase (the "Shipping Period"). If you do not send this document prior to the expiration of the Shipping Period, then the sale may be cancelled.
You will be paid 7 days after the artwork has been confirmed to have been successfully delivered to the purchaser. If you have selected “Worldwide” as the shipping option on the Harn Gallery registration page, Harn Gallery will take a 20% commission on the final sale price; you are entitled to 80% of the final sale price. If you have selected "My Country only" as the shipping option in the registration page, Harn Gallery will take a 35% commission on the final sale price; you are entitled to 65% of the final sale price. Depending on your preference, Harn Gallery will send you the payment by bank transfer or Paypal.
Purchaser Terms and Conditions
Purchases of original works of art
As a Member, you may purchase original works of art that are listed by other Members on the Site. When you purchase such an original works of art through the Site and Services, you are purchasing the work from Harn Gallery and not from the Member identified on the listing for such work. Prices for original works of art will be as specified on the applicable listing. The Member identified on the listing of the original works of art will ship the purchased work directly to you.
Harn Gallery reserves the right to cancel any order for an original works of art placed via the Site and Services if Harn Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Harn Gallery cancels an order placed via the Site and Services, Harn 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
If you are a Member and have submitted a listing for an original works of art and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such original work of to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an original works of art for which another Member has submitted a listing, you may not purchase such original works of art or digital work from such Member independent of the Site and Services.
As between you and Harngallery (or other company whose marks appear on the Site), Harngallery (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Harngallery. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Harngallery.com or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
You agree to defend, indemnify, and hold Harn 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 Site, Services, Harn Gallery Content or Member Content, or your violation of these Terms.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HARNGALLERY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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 Site, Services, Harn Gallery Content and Member Content remains with you. Neither Harn Gallery nor any other party involved in creating, producing, or delivering the Site, Services, Harn 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 Site, Services, Harn Gallery Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Harn 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.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of New South Wales, Australia.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the United States, European Union, and Asia fully understand and unambiguously consent to the collection and processing of such information in Hong Kong.
Risk of Loss
The items purchased from our Site are shipped by a third-party carrier. As a result, risk of loss and title for such items may pass to you upon delivery to the carrier.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
Contacting Harn Gallery
If you have any questions about these Terms, please contact Harn Gallery via the Contact Us form on http://www.harngallery.com/contact-us.