LAST UPDATED: 2020-04-23
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website: An art market in virtual reality. The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. OWNERSHIP OF YOUR FILES
When you choose to upload documents or data (including any images or text), ART GATE VR INC. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and ART GATE VR INC. claims no intellectual property rights with respect to the Content. You are responsible to obtain copyright to the content you upload. ART GATE VR INC. is not liable for any damages from copyright infringement.
However, by posting, uploading, inputting or submitting any Content whatsoever to the Website, you are granting ART GATE VR INC. an irrevocable, royalty free licence while the Content remains uploaded to the Website, to use the Content for any purpose related to the use and promotion of its business and the Website, including the right to copy, distribute, edit, and publicly display such content with or without attribution.
4. PAYMENT PROCEDURES
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website. You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”). All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due. For purposes of processing payments, we use the following service provider: STRIPE
Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): https://www.stripe.com
5. YOUR ACCOUNT
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
7. LIMITATION OF LIABILITY
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
9. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
10. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
11. COMPLIANCE WITH LAWS
You represent and warrant that:
iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
12. AGE RESTRICTIONS
Users under the age of 18 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
13. GOVERNING LAW AND DISPUTE RESOLUTION
Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
14. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against ART GATE VR INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against ART GATE VR INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
15. GENERAL TERMS
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d. NO AGENCY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. ENTIRE AGREEMENT
17. ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Website:
CANCELLATION: To cancel subscriptions email firstname.lastname@example.org.
TRANSACTION FEES: Artwork purchased through Art Gate Inc. is subject to a 5% transaction fee.
PAYMENTS: Funds from the buyer are automatically withdrawn from the buyer account and deposited to Art Gate VR Inc. upon confirmed purchase agreement between buyer and seller. Funds from the sale are released from Art Gate VR Inc. to the seller upon delivery of the artwork to the buyer.
SHIPPING: Art Gate VR does not provide shipping services. Shipping is the responsibility of the seller and buyer to arrange.
INSURANCE: Art Gate VR does not provide insurance and assumes no liability for artworks during the transaction process. Insurance is the responsibility of the seller and buyer to arrange.
REFUND POLICY: Art Gate VR Inc. will hold funds for a maximum of 60 days. If no delivery takes place within 60 days funds will be returned to buyer.
DISPUTES: Email email@example.com for dispute resolution.