TERMS AND CONDITIONS REGARDING THE WEBSITE’S VISITORS
Definitions
In these Terms and Conditions, any capitalized word or expression shall have the meaning according to the definitions below:
“Applicable Law” means the laws of Romania;
“Artwork” means any of the works of art offered for sale on the Website;
“Cookies” means text files with small pieces of data that are used to identify the visitor’s computer. Specific cookies are used to identify users and to improve the web browsing experience
“Content” means all the information that exists on the Website without being limited to images.
“EU” means the European Union
“You” means the person visiting the Artwork’s Website.
“Gallery” means Ars Mater Gallery administered by ARMAG SRL, a Romanian legal entity, with its head office in str. Abrud, nr 39, Bucuresti, registered at the Trade Registry Office under no. ROONRCJ40/5335/2021, Sole Registration Code 43975289.
“Visitor” means the person who accesses the Website and who views its Content.
“Website means [arsmater.com] administered by the Gallery.
TERMS OF USE
The Gallery is committed to providing access to its Website. Correlative to this commitment, by accessing the Gallery’s Website, You agree to the following Terms and Conditions.
The Gallery reserves the right to revise these Terms and Conditions at any time by updating this posting and also to modify or terminate any products, services, software, applications, or features on the Website at any time and without notice.
OPEN ACCESS
The Gallery provides free and open access to its Website.
The use of the Website’s information is permitted without further application, authorization, or fees due to the Gallery.
INTELLECTUAL PROPERTY RIGHTS
Title, ownership rights, and intellectual property rights in the Content whether provided by the Gallery’s Website or by any other Content provider remain the sole property of the Gallery and/or of the other Content provider.
The Gallery takes no responsibility for ownership of intellectual property rights in any artworks displayed on the Website nor for ensuring such artworks do not infringe the intellectual property rights of third parties.
It is forbidden to copy, modify, transmit, transfer, sell, publish, reproduce, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
PERSONAL DATA
The Gallery is committed to protecting the privacy of visitors to its website.
The Gallery collects generic information through the use of “cookies” to evaluate usage patterns. You may refuse the use of cookies by selecting the appropriate settings on Your browser being also aware that doing so may prevent You from using the full functionality of the Website.
This information collected through the use of “cookies” helps the Gallery to make improvements to the Website content and navigation and includes information like Your IP address, the date, times, and frequency with which You access the Website, and the way You use its Content.
Also, the Gallery asks You for personally identifiable information that can include, by way of example, name, email address, phone number.
The Gallery will never sell personally identifiable information unless it has Your consent to do so.
The Gallery may process your personal data to inform a third party in the context of a possible merger, acquisition, division even if that third party is located outside the EU.
The Gallery may process Your personal data to preserve its legitimate interests if and when Your use of the Website may be considered (i) a breach of any applicable terms of use; (ii) a threat to the security or integrity of the Website; (iii) obscene, discriminatory, racist, harassing, harmful or inappropriate or illegal in any way.
Your personal data may be transferred on the Gallery’s initiative to the police or judicial authorities as evidence or if there are justified suspicions of an illegal act or offense committed by You in the process of using the Website.
The processing of Your personal data for the purposes described in Article no. 5 of these Terms and Conditions is necessary for the legitimate interests of the Gallery to keep the Website safe against misuse and illegal activity and to enable the Gallery to comply with its legal obligations.
Please address an e-mail to contact@arsmater.com if You wish to access, change or remove Your data from the Gallery’s records.
Your personal data is processed only for as long as it is necessary to achieve the purposes listed in Article no. 5 of these Terms and Conditions or until You withdraw Your consent being also aware that doing so may prevent You from using the full functionality of the Website.
The Gallery will take appropriate technical and organizational measures to keep Your personal data protected from unauthorized access or theft, as well as from accidental loss, manipulation, or destruction. The access of the staff of the Gallery or of the third party operators will subject to strict obligations of confidentiality.
The clauses provided by Article no. 5 comply with the provisions of the General Data Protection Regulation (EU) 2016/679 and of the Romanian legislation incident in the matter.
PERSONS UNDER THE AGE OF 18
If You are under 18 years of age, You agree that You have had your parents or legal guardians’ permission to send any information to the Gallery about Yourself.
The Gallery makes no representations or warranties to the effect that the Contents is suitable for people under the age of 18.
LIMITATION ON LIABILITY
The Gallery will not be liable for any damages of any kind arising from using the Website. You expressly agree that You use the Website or the Content solely at Your own risk.
The Gallery has not reviewed all of the sites linked to/from its Website and it is not responsible for the content or privacy policies of any off-site pages or other websites linked to or from its Website. You expressly agree that linking to any off-site pages or other websites is at Your own risk.
The Gallery takes no responsibility for the accuracy or representation (for example, content, composition, color, dimensions) of any artworks or associated content (for example, photographs and descriptions of artworks) supplied by artists or third parties in order to be published on the Website. You undertake to inspect, personally or through a third party, the original artworks rather than relying upon samples displayed on the Website.
The Gallery makes no warranties as to whether the information available on the Website complies with the regulatory regime of countries from which the Website may be accessed.
VIRUSES & DEFECTS
The Website may not be free of viruses, errors, or other defects. You must run your own checks and scans.
Access to the Website may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond the Gallery’s control.
The Gallery does not incur any liability or penalty for any error contained within the website.
The Gallery reserves the right to change or discontinue any feature or service on the Website at any time, without notice.
APPLICABLE LAW. DISPUTE RESOLUTION
These legal Terms and Conditions are governed by Romanian law.
Any dispute arising out of or in connection with these Terms and Conditions will be settled amicably within 30 days.
Otherwise, any dispute will be finally settled by the competent Romanian courts.