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Original Art Market Inc. (hereinafter referred to as “OAM”, “we”, “us or “our”) operates the website Originalartmarket.com (the “Site”). This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from users (“users”, “you” or “your”) of the Site and its various services, and what we will and will not do with the information we collect.
This Policy governs any and all data collection and usage by us on our Site. It applies to all users and is effective as of the date of posting. Your access and use of our Site is your express agreement to be bound by this Policy as well as our Terms of Use, and any other rules or regulations we may post on the Site and amend from time to time (collectively, the “Terms and Policies”). Our Terms and Policies constitute a binding electronic contract with you, please make sure to read all Terms and Policies in their entirety. If you do not agree to any part of the Terms and Policies, you must discontinue use of the Site immediately.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. We reserve the right to change or modify any of the terms and conditions contained in the Policy or any other part of the Terms and Policies, at any time and in our sole discretion. Please refer to the Terms as your use and continued use, notwithstanding a change to any part of the Terms and Policies, constitutes your acceptance thereof.
Collection of General Information
We automatically collect general information concerning the use of the Site. This includes the Internet Protocol (IP) address of your computer or device, the IP address of your internet service provider, information about your device (e.g. mobile screen size, name of cellular network, and mobile device manufacturer), the web browser used to access the Site, the Internet address of the Site from which you linked to the Site, the date and time of access to the Site, the operations undertaking during use of the Site, the sections of the Site that you visit, the parameters relating to particular pages of the Site visited and time spent on each page, location information and any content downloaded from the Site. We do not link this information with any personal information provided by you.
The general information that is automatically collected is used to improve the Site and its services, for marketing, website and system administration and other administrative purposes. We may use the general information that is automatically collected to create aggregate reports concerning website use, user patterns, user demographics and user purchases. We will not sell, trade or disclose to third parties any of the user’s identifiable information derived from the registration for or use of the Site, including user names, addresses and financial information, without consent of the user, except as required by law. When we use other agents, contractors or companies to perform services on our behalf, we will ensure that we protect your user identifiable information in a manner consistent with this policy.
Collection of Personal Information
We collect your Personal Information to provide you with the best possible service. “Personal Information” may include your name, age, home or business address, phone number, or email address.
We will only collect Personal Information in order to:
a) verify identity;
b) perform the services of the Site;
c) open and manage an account;
d) ensure you receive a high standard of service;
e) further develop our services;
f) meet regulatory requirements; or
g) any other legal reasons as applied to your use of the Site.
Use, Disclosure and Consent
We will not use or disclose your Personal Information to anyone except as described in this Policy.
Except as specified below, we will obtain your express or implied consent to collect, use or disclose your Personal Information. You can provide consent orally, in writing, electronically or through an authorized representative.
You provide us with implied consent where our purpose for collecting, using or disclosing your Personal Information is necessary for the provision of the service or would be considered obvious or reasonable in the circumstances. Your consent may also be implied where you have received notice and a reasonable opportunity to opt-out of having your Personal Information used, and you have not provided us with notice of your opting-out, including but not limited to use for mail-outs, marketing or fundraising.
We may collect, use or disclose your Personal Information without your consent in the following circumstances:
a) when permitted or required by law;
b) in an emergency that threatens an individual’s life, health, or personal security;
c) when the Personal Information is available from a public source;
d) when we require legal advice from a lawyer;
e) with regard to information other than Medical Data, for the purposes of collecting a debt or protection from fraud; or
f) other legally established reasons.
We will not sell your Personal Information to other parties without your explicit or implied consent.
We will only retain your Personal Information for the time necessary to fulfill the identified purposes or a legal or business purpose.
Security
We are committed to ensuring the security of your Personal Information. To mitigate unauthorized access or disclosure, we have adopted appropriate physical, electronic, and managerial procedures designed to safeguard and secure the information that we collect online
While we strive to use commercially acceptable means to protect your personal information, you acknowledge and agree that no method of transmission over the Internet, or method of electronic storage is 100% secure. We make no guarantee as to the absolute security of your Personal Information.
In the unlikely event that our system is breached, and your Personal Information has been compromised, we will notify such local authorities as may be required within seventy two (72) hours of the breach, and will also use our best efforts to notify you, using the most current contact information that we have on file.
We are not responsible for any failure to notify you based on incorrect or outdate contact information.
Access to Personal Information
To submit a question to us about the collection or use of your Personal Information, or to update or correct your personal information, please email us at: info@originalartmarket.com and indication you have a “privacy information” question or concern in the email subject line.
If requested, we will provide you with a copy of your Personal Information in electronic form, which may include:
a) what Personal Information we are storing;
b) where it is being stored; and
c) for what purpose we are storing it.
At any time, you may request that we remove your personal information from our records and we will delete your personal information within seven (7) days of such request.
Cookies
We may use cookies to collect information. You may instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you do not accept cookies, you may not be able to use or access certain pages or services of our Site. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your personal information may be implied.
Service Providers
We may employ third-party companies and individuals to perform Site-related services on our behalf, or to assist us in analyzing our Site’s use. Such third-party companies may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links to Other Sites
The Platform may contain links to other web sites that we do not control (“Third-Party Sites”). We strongly advise you to review the privacy policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any Third-Party Site or their associated services.
Children’s Privacy
The Platform is not meant for use by children under the age of 18 without parental consent or verification, we only intend to collect information that relates to minors as is provided by a parental guardian. If you are a parent or guardian and you are aware that your minor child has provided us with personal information, please contact us. If we become aware that we have collected personal information from minors without verification of parental consent, we take steps to remove that information from our servers.
Amendments
Please refer to the Terms of Use to see our notification practices following amendments to our Terms and Policies.
Contact Us
If you have any questions about this Privacy Policy please contact us at info@originalartmarket.com.
Originalartmarket.com (the “Site”) is a digital gallery allowing artists to take full control of the showcasing and sale of original art (“Piece”). The Site offers users (“user”, “you” or “your”) the ability to both buy and sell original Pieces on an organized and secure platform.
Acceptance and Binding Agreement
The Site is owned and operated by Original Art Market Inc. (hereinafter referred to as “OAM”, “we”, “us” or “our”). These terms of use (“Terms”), our Privacy Policy, and any other rules or regulations we may post on the Site from time to time (collectively “Terms and Policies”) govern your use of the Site and the content available therein. Our Terms and Policies constitute a binding electronic contract that establishes the legally binding terms all users must accept to use the Site. Please fully read the Terms and Policies as they contain important information about your rights and responsibilities. By accessing and using this Site you acknowledge that you have read, understood and fully agree to be bound by the Terms and Policies. If you do not agree to our Terms and Policies, please stop using this Site immediately.
Amendments
Our Terms and Policies may be amended by us from time to time, and such amendments will become effective upon posting the same on the Site. We shall notify you of such amendments through notices on the Site, by email or by both. Your continued use of the Site following such notice shall constitute acceptance of said amendments. We advise you to revisit our Terms and Policies from time to time, as your continued use following amendment will still constitute your acceptance to said amendments, notwithstanding your failure to receive or read any notification of the same.
Purchase and Sale
The Site is a platform for the showcase and purchase and sale of original Pieces, directly by the artist. We are an intermediary in any commercial transaction that occurs on the Site, and do not act as a lawful agent to either the purchaser or seller in any transaction.
All users must be at least 18 years of age to use the Site. You agree that the relationship between you and OAM is that of an independent service provider, and nothing contained in our Terms and Policies shall be regarded or construed as creating any relationship whether by way of partnership, joint venture, or agency relationship) between you and OAM.
We make no guarantees, representations or warranties on any Piece displayed by any user, or on any content published by any user on their profile, such as availability or authenticity of a Piece.
Users selling on the Site (“Seller”) represent and warrant that:
a) all Pieces are wholly the original work of the Seller and are free from any and all claims and encumbrances;
b) the Seller has the full authority to use the Site and to sell Pieces on the Site;
c) neither a Piece or any content published on the Seller’s profile shall infringe or violate the intellectual property rights, privacy rights, or any other rights of any person or entity;
d) all content published on the Seller’s profile is true, and does not contain libelous, defamatory or dangerous remarks.
By creating a profile and uploading images and content, including but not limited to images of the Pieces on the Seller’s profile (“Seller Content”), the Seller grants OAM a licence to display or publish the Seller Content for lawful purposes related to the Site, including but not limited to advertising and marketing the Site services. Our licence to the Seller Content shall terminate upon the deactivation of your account, or upon your written request, whichever occurs first.
Sellers are responsible for collecting and remitting all relevant taxes and duties applicable to their home jurisdiction.
We charge a percentage fee (“Fee”) on all Pieces sold through the Site. Our Fee is calculated on the total pre-tax cost of the Piece set by the Seller, including applicable shipping costs.
Purchasing users (“Purchaser”) acknowledge and agree that the explicit terms of purchase and sale of any piece shall be subject to those published on the Seller’s profile. Purchasers are encouraged to read all content and specifications on the Seller’s profile prior to purchasing.
Cancellation and refunds shall be subject to each Seller’s individual policy.
If however payment has been processed but the Artist has not provided us with proof of shipment within 72 hours of the purchase, payment will be automatically refunded in full and the transaction cancelled.
Shipping shall be in accordance with our shipping practices and polices, as amended from time to time.
Unauthorized Use of Site
You are not permitted to use the Site:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by our Terms and Policies;
b) to upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
d) to use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
f) to attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
g) to harass or interfere with any other Site user’s use and enjoyment of the Site;
h) to use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site;
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Site; or
j) to licence, sell, rent or lease any part of the Site.
Intellectual Property
With the exclusion of Seller Content, the Site and its contents, including all names, service marks, documents or other materials and all intellectual property and proprietary materials related thereto (the “Intellectual Property”) are the exclusive property of OAM. We grant you a nonexclusive, non-transferable, and revocable license to access and use the Site for your personal home use. No license to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way the Intellectual Property. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices
Third-Party Links and Affiliates
We may provide links through the Site to the websites of users or other third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Site and accept no responsibility for the contents or use of third-party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at your own risk. Any links to third-party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
Any third-party trademarks, service marks or other intellectual property displayed on through the Site are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third-party intellectual property used on the Site, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third-party intellectual property for your own purpose.
Disclaimer
If you use the Site, you do so at your own and sole risk. The Site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
If you access or transmit any content through the use of the Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
We do not warrant that:
a) the Site will meet your requirements;
b) access to the Site will be uninterrupted, timely, secure, or error-free;
c) the quality or reliability of the Site will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties; or
e) third parties will not use your confidential information in an unauthorized manner.
Limitation of Liability
You agree that we will not be liable for any harm, injury, loss, or damages of any kind incurred by you or anyone else, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, arising from, relating to, or connected with:
a) the use, reliance on, or inability to use the Site or its content;
b) the use of any affiliated or third-party websites made available or linked on the Site;
c) actions or inactions of other users or any other third parties for any reason; or
d) any other matter arising from, relating to or connected with the Site or our Terms and Policies.
You acknowledge and agree that above disclaimers and these limitations of liability are an agreed upon allocation of risk between you and OAM. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Site. You acknowledge and agree that such provisions are reasonable and fair.
Indemnity
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.
Force Majeure
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
Termination
You acknowledge and agree that we, in our sole discretion, may terminate your access to the Site for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Site. You acknowledge and agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your profile and bar any further access to the Site. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Site. Upon termination, your information may be deleted or kept as necessary.
Dispute Resolution
In the event a dispute arises out of or in connection with these terms, the parties shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.
General
These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.
In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
These Terms constitute the entire agreement between you and us with respect to your use of the Site. These Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and us with respect to your use of the Site.
Contact Information
For all notices required hereunder or any questions or concerns about these Terms, please contact us at: info@originalartmarket.com.