TERMS AND CONDITION

INTRODUCTION

Use of the Site: You may use the site only in accordance with and subject to these Terms and Conditions Use and the Site's Privacy Policy. Once you complete and submit your request for more information or subscribe to the newsletter, you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity, which infringes the rights of Pacesetter Gallery or others Pacesetter Gallery ("Pacesetter Gallery" or "We"). We believe it is essential that all Pacesetter Gallery users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on Pacesetter Gallery. 

Please read these terms of service (the "Terms") and Pacesetter Gallery Privacy Policy carefully. These Terms and the Privacy Policy are a legal agreement between you and Toi Gallery. PURCHASING PRODUCTS THROUGH PACESETTER GALLERY INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE PACESETTER GALLERY SERVICES, INCLUDING THE SITE. 

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT PURCHASE FROM PACESETTER GALLERY

CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES

Content

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through Pacesetter Gallery ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

Pacesetter Gallery has a zero tolerance policy for infringement of copyrights and other intellectual property rights.

You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:

  1. use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Pacesetter Gallery content made available through the Pacesetter Gallery Website other than your own Content, without the owner’s express written permission; Pacesetter Gallery copyrights or trademarks;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on the Pacesetter Gallery Website or any Content;
  3. harvest or otherwise collect information about other users or artists of the Pacesetter Gallery any person or entity, 
  4. frame, mirror, or otherwise simulate the appearance or function of the Pacesetter Gallery Website or any other person’s Content

The Site is controlled and offered by Pacesetter Gallery from its facilities in the United States of America and data related to the Pacesetter Gallery Website is hosted in the United States. If you access or use the Pacesetter Gallery Services from other jurisdictions, you do so at your own risk. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Pacesetter Gallery Services, you are not permitted to use them.

PERSONAL INFORMATION

You acknowledge and agree that Pacesetter Gallery may access, retain and disclose your  information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Pacesetter Gallery, its users or the public.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE Pacesetter Gallery SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE Pacesetter Gallery SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE Pacesetter Gallery SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

ACCESS AND INTERFERENCE

Much of the information available through the Pacesetter Gallery  is updated on a real-time basis and is proprietary or is licensed to Pacesetter Gallery by our users or third parties. All intellectual property rights in the Pacesetter Gallery (including without limitation, the software and systems underlying the Pacesetter Gallery Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. additionally you agree you will not use replicate or use images for any purpose.

PRIVACY

We use your information only as described in the Privacy Policy. We view protection of users' privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. Email request to unsubscribe to communications to sales@pacesettergallery.com.

NO AGENCY

These Terms may not be otherwise amended except in a writing signed by you and Pacesetter Gallery. These Terms, including without limitation, the Privacy Policy which is incorporated herein by reference, set forth the entire understanding and agreement between you and Pacesetter Gallery with respect to the subject matter hereof.