SCOPE
These Website Terms of Use reflect legally binding terms and conditions that apply to your access and use of the Shift Gallery´s website, at the www.shiftgallery.online domain and subdomains (“Website”).
When we speak of “Shift Gallery”, “we,” “us,” and “our,” we mean Golan & Carpinelli, Lda. and its affiliates, who own and manages the Website.
When we refer to “User(s)” or “You” we refer to you as a visitor of the Website, regardless of the type of engagement you come to develop with us.
Please read these Website Terms of Use carefully before browsing or using our Website or engaging with the services offered by Shift Gallery. Should you not agree with these Website Terms of Use, you should refrain from using the Website.
By browsing and using the Website or using our Services in any manner, you agree to be bound by these Website Terms of Use.
DEFINITIONS
For the purposes of these Website Terms of Use, the following capitalized terms shall have the following meaning:
“User”: means all individuals that visit or browse the Website, including Shift Gallery’s clients and users who are also contributors of content, information, and other materials or Services on the Website.
“Website”: the website at www.shiftgallery.online domain and subdomains; managed by the company Golan & Carpinelli, Lda., a company incorporated and operating in accordance with the laws of Portugal, registered under the corporate registration and taxpayer number 516 746 863 (NIPC), with head office at Av. da República, 50, 2 floor 1050-196 Lisbon, Portugal.
“Services”: the services provided by Shift Gallery, namely through the Website, regarding the exhibit of the art works for sale, including the display, advertisement and promotion of such works, in accordance with the relevant contracts made in place.
Our website: the Website acts as an online gallery for artists to display digital art and for individuals to view and purchase physical reproductions of such digital art, as well a NFTs of said digital art, through linkage to third party websites and tools.
Privacy: for information about Shift Gallery’s data protection practices with respect to the Website, please read our privacy policy (www.shiftgallery.online/privacy-policy). This policy explains how Shift Gallery handles your personal information when you use the Website or request our Services.
Artists: if you are an artist and are interested in having your work displayed in Shift Gallery, please reach us at: [email protected]. In case both parties are interested, we can enter into an agreement to display your art in our Website.
Buyers: if you are a Buyer and are interested in purchasing any artwork displayed in Shift Gallery, please reach us at: [email protected].
Art and Shift Gallery’ Services: if you engage with our Services through our Website, in addition to these Website Terms of Use, you will also be presented with specific Purchase Terms and Conditions that shall apply to You when you make a purchase on our Website (www.shiftgallery.online/buyers-contract).
Shift Gallery Intellectual Property: the contents of the Website, including its “look & feel” (e.g., text, graphics, images, logos and button icons), editorial content, notices, software (including html-based computer programs) and other material (“Items”) are protected under applicable copyright, trademark and other laws.
The Items of the Website either belong or are licensed to Shift Gallery. Any use, distribution, reprint or electronic reproduction of any content from Shift Gallery in whole or in part for any other purpose not expressly permitted by Shift Gallery is strictly prohibited without our prior written consent.
In case You use any of the Items without Shift Gallery’s or its rightsholders’ previous express consent, you shall be liable for all damages incurred of suffered by Shift Gallery’s or its rightsholders’ in connection with or as a result of such breach.
Third party websites links and optional tools: the Website may contain links to third-party websites, resources or tools, which have their own terms and conditions and privacy policies. Shift Gallery does not monitor and is not responsible for the services available from those websites, resources or tools, nor links displayed on such websites, being completely independent from them and has no liability whatsoever arising from or relating to your use of these third-party websites and optional tools. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources).
Shift Gallery is not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party website. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party and not to us.
Prohibited uses: in addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national or international laws and regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Website; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Gallery or any related website, other websites, or the Internet.
We reserve the right to terminate your use of any of the Services and access to the Website for violating any of the prohibited uses.
Errors, inaccuracies and omissions: we have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Occasionally there may be information on our Website or Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice, to the extent permitted by law.
Continuance of the services: Shift Gallery reserves the right, at its sole discretion, to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or cancel access to the Website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all the Services or the Website without notice or liability, to the maximum extent permitted by law.
Indemnification: You shall defend, indemnify, and hold harmless Shift Gallery from and against all claims and expenses (including attorney fees), resulting in whole or in part arising from any breach of these Website Terms of Use by you, or unlawful access to or use of the Website or in breach of third-party rights, agreements or policies.
Governing law: any dispute or controversy arising from or in connection with this Website Terms of Use shall be settled through friendly negotiation. In case that is not possible, the dispute shall then be settled in accordance with the laws of Portugal and submitted to the competent courts of Lisbon.
Changes to this Website Terms Of Use
Shift Gallery may, from time to time, modify this Website Terms of Use. Please make sure to consult then whenever You access our Website. The text contains the date of its latest amendment.
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