Terms & Conditions

CAMA Gallery a wholly-owned subsidiary of CAMA, ("CAMA Gallery", “CAMA”, "we" or "our") provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art (the "Service", collectively the "Services") through our website, accessible at www.camagallery.com (the "Site") together with any services, software, tools, features or functionality made available by CAMA Gallery (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.camagallery.com/en/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and CAMA Gallery.

Certain areas of your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

Please read these terms carefully. These terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to your use of the services to binding individual arbitration rather than proceed in court. The disputes/arbitration provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. These terms also include a jury waiver.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modifications to these Terms

CAMA Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will update the "Last Updated Date". By continuing to access or use the Services after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), CAMA Gallery Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Account Registration

In order to make a purchase through the Services, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CAMA Gallery reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify CAMA Gallery of any unauthorized use of your Account.

Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art that are listed on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from CAMA Gallery. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include applicable Taxes, if any, for which you are responsible. CAMA Gallery and/or its third party service providers will collect your billing and shipping information and process your payment. CAMA Gallery will ship the purchased work directly to you. The terms and conditions of CAMA Gallery's then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Order Cancellations

CAMA Gallery reserves the right to cancel any order for an Original Work of Art placed via the Services if CAMA Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If CAMA Gallery cancels an order placed via the Services, CAMA Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.

Transaction Restrictions

If you are an Artist (“Artist” or “the owner of the listed artwork”) and have a listing for an Original Work of Art or a Digital Work and have been contacted through the Services by a Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of CAMA Gallery and the Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which is listed, you may not purchase such Original Work of Art or Digital Work from such Artist independent of the CAMA Gallery and the Services.

Colour

You understand and agree that CAMA Gallery uses commercially reasonable efforts to display the colours of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colours differently, CAMA Gallery is not responsible for the colour accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by using the provided contact form. You acknowledge and agree that all Feedback will be the sole and exclusive property of CAMA Gallery and you hereby irrevocably assign to CAMA Gallery and agree to irrevocably assign to CAMA Gallery all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At CAMA Gallery's request and expense, you will execute documents and take such further acts as CAMA Gallery may reasonably request to assist CAMA Gallery to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

CAMA Gallery Content

CAMA Gallery may also make available through the Services text, graphics, audio, video and images of works of art (collectively, " CAMA Gallery Content"), some of which is owned by CAMA Gallery ("CAMA Gallery-owned Content"), and some of which is made available under license by a third party ("CAMA Gallery-licensed Content"). CAMA Gallery authorizes you to download and view both CAMA Gallery-owned Content and CAMA Gallery-licensed Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such CAMA Gallery-licensed Content and CAMA Gallery-owned Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CAMA Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, CAMA Gallery's name, any CAMA Gallery or CAMA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CAMA Gallery's express written consent;
  • Access, tamper with, or use non-public areas of the Services, CAMA Gallery's computer systems or network, or the technical delivery systems of CAMA Gallery's providers;
  • Attempt to probe, scan or test the vulnerability of any CAMA Gallery system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CAMA Gallery or any of CAMA Gallery's providers or any other third party (including another user) to protect Services, CAMA Gallery Content or Member Content;
  • Attempt to access or search Services, CAMA Gallery Content or Member Content or download CAMA Gallery Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CAMA Gallery or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a CAMA Gallery trademark, logo URL or product name without CAMA Gallery's express written consent;
  • Use Services, CAMA Gallery Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, CAMA Gallery Content or Member Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, CAMA Gallery Content or Member Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

CAMA Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CAMA Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CAMA Gallery has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CAMA Gallery reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, CAMA Gallery Content or any other text, graphics, images, software, music, audio, video, information or other content or material that CAMA Gallery, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

Ownership

The Services and CAMA Content are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms, CAMA and its licensors exclusively own all right, title and interest in and to the Services and CAMA Gallery Content including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or CAMA Gallery Content.

Copyright Policy

CAMA Gallery respects copyright law and expects its users to do the same. It is CAMA 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.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that CAMA Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CAMA Gallery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, CAMA Gallery will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. CAMA Gallery reserves the right to revoke your access to and use of the Services, CAMA Gallery Content and Member Content at any time, with or without cause. In the event CAMA Gallery terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to [email protected]

Fees

CAMA Gallery reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honour, or refuse to honour, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

The services, CAMA Gallery Content and Member Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, CAMA Gallery explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. CAMA Gallery makes no warranty that the site, services, CAMA Gallery Content or Member Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CAMA Gallery makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services.

No advice or information, whether oral or written, obtained from CAMA Gallery or through the site or services, will create any warranty not expressly made herein. No action should be taken or purchase made based upon any of the information contained in the services. You should seek independent advice from a professional and/or a person who is knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the services.

You are solely responsible for all of your communications and interactions with other members or users of the services and with other persons with whom you communicate or interact as a result of your use of the services. You understand that, except as expressly set forth in these terms, CAMA Gallery does not screen or inquire into the background of members or other users of the services, nor does CAMA Gallery make any attempt to verify the statements of any members or users of the services. CAMA Gallery makes no representations or warranties as to the conduct of users of the services. You agree to take reasonable precautions in all communications and interactions with other members or users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold CAMA 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 Services, CAMA Gallery Content or Member Content, or your violation of these Terms.

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 Services, CAMA Gallery Content and Member Content remains with you. Neither CAMA Gallery nor any other party involved in creating, producing, or delivering the Services, CAMA 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 Services, CAMA Gallery Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CAMA 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.

In no event will CAMA Gallery's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, CAMA Gallery Content or Member Content exceed: if you are a Member who has purchased Original Works of Art, the total payments that you made to CAMA Gallery for the Original Works of Art that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CAMA Gallery and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of CAMA Gallery used herein are trademarks or registered trademarks of CAMA Gallery or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between CAMA Gallery and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between CAMA Gallery and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without CAMA Gallery's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CAMA Gallery may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by CAMA Gallery via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of CAMA Gallery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CAMA Gallery. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CAMA Organization. All rights reserved.

Last Updated Date: December 12, 2018