Terms of Use

Live for Art Gallery, LLC (“Live for Art Gallery”) is pleased to provide this website (the “Site”), liveforartgallery.com, and our on-line galleries to the general public and our customers. The following describes the Terms of Use (“Terms”) that govern your use of our website, and the services and goods provided through our on-line Galleries. Your use of the Live for Art Gallery website and on-line galleries constitutes your agreement to all of the Terms. If you do not agree with any of the Terms, you may not use our website and/or on-line galleries.

1. Use of the Live for Art Gallery website.

A. Content. The information and materials contained at the Site, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by the Live for Art Gallery, the respective artist or the artist’s representatives. You are authorized to view or download a single copy of the Content solely for your personal, educational, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of Live for Art Gallery and/or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.

B. Prohibited Use. You may not use the Site in any manner which is contrary to applicable local, state, national, international and/or foreign laws or regulations governing your use of the Site. It is solely your responsibility to determine whether your use of the Site is lawful. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.

C. Prices and Orders. Live for Art Gallery reserves the right to change the prices, fees and charges regarding the goods and services available through the Site and on-line galleries at any time and from time to time without any notice or liability to you or any other person. Live for Art Gallery cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. Live for Art Gallery also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Live for Art Gallery will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Live for Art Gallery will notify you by email with an expected shipping date. Live for Art Gallery reserves the right to limit quantities sold.

D. Modification. Live for Art Gallery reserves the right to change or modify the terms, conditions, and notices under which you may use the Site. Live for Art Gallery will post all changes or modifications to these Terms on the Site. Each use of the Site will constitute your acceptance of these Terms posted on the Site at that time of each use.

2. Your Information

Live for Art Gallery is committed to protecting the privacy of its on-line guests and customers. Please see our “Privacy Statement” for further details.

3. Purchases

A. Credit Card Charges. We accept the following credit cards:

• Visa

• MasterCard

• American Express

• Discover

• Diners Club

• JCB International

Your credit card will be charged at the time of your purchase.

B. Confirmation of Order. You will receive an e-mail conformation of your order. Please note the Confirmation/Transaction Number for purposes of order tracking.

C. Order Cancellation. Order cancellation will be accepted via email within 24 hours of initial placement of order.

D. Shipping Policy. Shipping is available to most destinations within the U.S. and major International locations. Please allow up to 20 business days for delivery of items.

Live for Art Gallery will notify you if any item cannot be shipped within 30 days, and you will be given the option to wait until the item becomes available. Items will be charged at the time of purchase.

The shipping prices indicated on the Site or otherwise levied include both the cost of shipping in the continental United States using UPS, Federal Express and/or the United States Mail and Live for Art Gallery’s handling costs. Some heavy or bulky items may require additional shipping charges. International or non-continental United States shipments may require additional shipping charges.

E. Sales Taxes, Customs and Duty. All prices indicated at the Site include applicable tax (including sales and goods and services tax) or custom and duty charges.

F. Returns. We want all our customers to be completely satisfied with their purchases. If you are not completely satisfied with your purchase you may return it within 30 days of shipment. We will only accept returns through the mail if we have been notified in advance by email of your intention to return the merchandise. The merchandise must be in original condition, be accompanied by the sales receipt and shipped back to the Gallery pre-paid in the original packaging. Live for Art Gallery will not accept the return of used or damaged purchases. All refunds will be given in the manner in which the purchase was made. We will issue the refund once the merchandise has been received provided it is in good condition. We will not refund any shipping charges.

4. Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. LIVE FOR ART GALLERY DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PART GALLERYICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT.

LIVE FOR ART GALLERY DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THE SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, LIVE FOR ART GALLERY FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (I) REGARDING THE GOODS OR SERVICES PROVIDED THROUGH THE SITE (THE “PRODUCTS”), (II) REGARDING THE USE OF THE PRODUCTS, (III) THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV) THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.

5. Limitation of Liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PART GALLERYIES TO THESE TERMS. LIVE FOR ART GALLERY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE), EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE SITE, AND/OR THE CONTENT, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.

6. Indemnity

You agree to indemnify, defend and hold harmless Live for Art Gallery and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Site by you or your breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

7. Links

Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by Live for Art Gallery of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between Live for Art Gallery and the Linked Sites. Live for Art Gallery is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

8. Miscellaneous

A. Survival. The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.

B. Marks. Live for Art Gallery, LLC and the Live for Art Gallery logo (collectively the “Marks”) appearing on the Site are registered trademarks, trademarks or service marks of Live for Art Gallery. The use of the Marks is strictly prohibited without the prior written consent from Live for Art Gallery. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Nothing appearing on the Site or elsewhere will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the Site.

C. Severability. If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

D. Entire Terms. Unless specifically provided herein, these Terms constitute the entire agreement between you and Live for Art Gallery with respect to your use of the Site. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the Site except as specifically set forth herein.

E. Termination. These Terms will automatically terminate if you are in breach of any of the provisions contained herein. Live for Art Gallery reserves the right, in its sole discretion, to suspend or terminate your access to the Site and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the Site.

Live for Art Gallery may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

If these Terms or your permission to use the Site is terminated by you or Live for Art Gallery for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and your purchases of goods and services through the Site and anything connected with, relating to or arising from those matters.

F. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan and the federal laws of the United States of America. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the State of Michigan for any legal proceeding arising out of or relating to your use of the Site or these Terms.