Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the exclusiveartsgallery.com website (the “Service”) operated by Exclusive Art’s Gallery, LLC (“us”, “we”, or “our”).

Your access to and use of the website and/ or Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Exclusive Art’s – Marketside vendors, potential vendors and any others who access or use the website and/ or Service.

By accessing or using the website and / or Service you agree to be bound by these Terms. If you disagree with any part of the terms (including our Privacy Policy), then you may not use or access the website and / or Service.

Accounts

When you make a purchase  or use services on our website, you may be required to provide personal information. We require that information you provide is accurate, complete, and current at all times. *Failure to do so constitutes a breach of the Terms.

*If a user is believed (upon internal review) to have intentionally committed an act of fraud, law enforcement will be notified and the user will be unable to access our website and/ or services. If an I.P. is black listed, the information we have available about that account will be kept on record for no less than 3 years, but can be made indefinite (depending on severity). 

By accessing our website, social media or utilizing any of our services; you agree that we have acknowledged and informed you that we will turn over any user information available, that is requested by subpoena. *This does not exclude our internal fraud prevention and reporting policies, which will be determined at our discretion.

Intellectual Property

The exclusiveartsgallery.com website, Exclusive Art’s – Marketside label and platform, our designs, gift shop items, (except generic items without design and/ or our label as described in the product name or description), social media content, our services and  content, contracted (until sold) original artworks, COA and any other contracts or forms provided by Exclusive Art’s Gallery, features and functionality are and will remain the exclusive property of Exclusive Art’s Gallery, LLC and its licencors.

The intellectual property rights to all original artworks under contract between Exclusive Art’s Gallery and the artist are under a mutual ownership interest (until sold).  Any sale of the original artwork by any other company is prohibited (including images and curatorial content on social media, our website, marketing materials by Exclusive Art’s Gallery, etc.) while Exclusive Art’s Gallery retains intellectual property rights.

*Purchases made by other companies will receive a copy of the b2b agreement, which will act as proof of authorization for the reseller. Exclusive Art’s Gallery reserves the right to revoke b2b agreements at anytime, for any reason deemed to be in the best interest of the parties (Exclusive Art’s Gallery, their clients and customers are the primary parties interest) involved.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Exclusive Art’s Gallery, LLC.

Exclusive Art’s Gallery, LLC has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Exclusive Art’s Gallery, LLC or any of their employees, contractors, legal team or other associates (*not including individual vendors on Exclusive Art’s – Marketside, market-side vendors have their own policies)  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Review our Privacy Policies for more information.

Termination

We may terminate or suspend access to our website and/ or Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or Privacy Policies.

Exclusive Art’s Gallery reserves the right to black list any IP address at anytime (and for any reason) from accessing our website and/ or services we provide(including our social media, etc.), without prior notice, at the sole discretion of Exclusive Art’s Gallery’s OFC. *By accessing or utilizing our services, social media, website, etc; You acknowledge and agree that Exclusive Art’s Gallery is not liable, cannot be held liable and you agree to accept the decision of Exclusive Art’s Gallery’s OFC without recourse of any kind (legal or otherwise).

Upon termination of your ability to use the website and Service, access will immediately cease. *You agree that Exclusive Art’s Gallery, their employees, contractors, affiliates and/ or associates (*not including market-side vendors, vendors have their own company policies), legal team; are not, will never be and cannot be held responsible or liable for any activity associated with my willful access, use of market-side vendor sites or payment methods used in connection with my access.

Furthermore, I acknowledge and agree that I am required to report any suspicious activity on or in connection with my payment method(s)  related to my access of Exclusive Art’s Gallery, immediately so that Exclusive Art’s Gallery may notify their customer service and assist in preventing use of the payment method on our website. *If payment method was used on a market-side vendor site, Exclusive Art’s Gallery is not in control of other vendor’s internal policies. Therefor Exclusive Art’s Gallery does not provide any guarantee, advice, or information in regard to market-side vendors policies. *Exclusive Art’s Gallery is not liable or responsible for the policies set forth by market-side vendors, that may be under review.

Disclaimer

Your use of the Service is at your own, individual sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including (but not limited to): Implied warranties of merchant-ability, fitness for a particular purpose, unknown infringement by an artist or course of performance, the accuracy of any color, appearance, availability or size of products available on our website. *See individual product description for the most accurate information  available regarding a particular product or you may contact our customer service directly:

Email:

csr@exclusiveartsgallery.com

Phone: 1+ (920) 539-5820

 

Governing Law

These Terms shall be governed and construed in accordance with the applicable laws of the State of Wisconsin in the United States, without regard to its conflict of law provisions elsewhere (Exception: United States ‘Federal Law’ will supersede State of Wisconsin laws in regard to any accounts, users, shipments, payments and activity not originated by a user legally residing in the US or its designated territories).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any part or provision of these Terms is held to be invalid or unenforceable by a State of Wisconsin or US Federal court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website and Service, and supersede and replace any prior agreements we might have between us regarding our website and the Services provided.

Changes

Exclusive Art’s Gallery reserves the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our website and/ or Service after new revisions become effective, you agree to be bound by the revised terms (regardless of whether or not you choose to periodically review these terms).

*If you do not agree to the new terms, you must cease all access of our services, social media, website etc. prior to the effective date. If you do not cease all access of our services, social media, website etc. prior to the effective date; your actions and use will constitute your acknowledgement and willful agreement to  the new terms and conditions as of the date they became in effect.

Contact Us

If you have any questions about these Terms, please contact us. 

Phone:

1+ (920) 539-5820 Monday, Wed, Fri. 10am – 5pm (CST) 

Exception: We are closed on U.S. recognized holidays.

Email:

csr@exclusiveartsgallery.com

Last updated: 8/31/2021