Terms of Service

Leonardo Moleiro Art Terms of Service

Last Updated Date: June 10th, 2017

 

Leonardo Moleiro Art ("Leonardo Moleiro Art," "we" or "our") provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the "Service", collectively the "Services") through our website, accessible at www.leonardomoleiro.com (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.leonardomoleiro.com and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Leonardo Moleiro Art.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

 

Modification

Leonardo Moleiro Art reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

Account Registration

In order to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Leonardo Moleiro Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Leonardo Moleiro Art of any unauthorized use of your Account.

 

Privacy

See Leonardo Moleiro Art's Privacy Policy at www.leonardomoleiro.com/privacy for information and notices concerning Leonardo Moleiro Art's collection and use of your personal information.

 

 

Purchaser Terms and Conditions

 

Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Leonardo Moleiro Art. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Leonardo Moleiro Art and/or its third party service providers will collect your billing and shipping information and process your payment. The Original Work of Art will be shipped directly to you. The terms and conditions of Leonardo Moleiro Art's then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

 

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed on the Site. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site and Services, Leonardo Moleiro Art and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of Leonardo Moleiro Art's then-current Return Policy apply to any Printed Works that you purchase through the Site and Services. When you purchase Printed Works via Online Sales (other than via the Site and Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels which will be presented to you at the time of purchase.

 

Order Cancellations

Leonardo Moleiro Art reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Leonardo Moleiro Art determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Leonardo Moleiro Art cancels an order placed via the Site and Services, Leonardo Moleiro Art will send you an email confirmation of such cancellation and you will not be charged for your order.

 

Terms for Purchasers

 

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works and/or Printed Works, you acknowledge that Leonardo Moleiro Art will withhold the Taxes required to be withheld from the payments Leonardo Moleiro Art makes to you. Additional Tax information can be found by visiting http://www.saatchiart.com/taxes.

 

If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Leonardo Moleiro Art will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

 

Color

You understand and agree that Leonardo Moleiro Art uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Leonardo Moleiro Art is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at help@leonardomoleiro.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Leonardo Moleiro Art and you hereby irrevocably assign to Leonardo Moleiro Art and agree to irrevocably assign to Leonardo Moleiro Art all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Leonardo Moleiro Art's request and expense, you will execute documents and take such further acts as Leonardo Moleiro Art may reasonably request to assist Leonardo Moleiro Art to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

 

Member Content

 

Leonardo Moleiro Art Content

Leonardo Moleiro Art may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Leonardo Moleiro Art Content"), some of which is owned by Leonardo Moleiro Art ("Leonardo Moleiro Art-owned Content". Leonardo Moleiro Art authorizes you to download, view and print Leonardo Moleiro Art-owned Content" solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Leonardo Moleiro Art Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Leonardo Moleiro Art Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Leonardo Moleiro Art or its licensors, except for the licenses and rights expressly granted in these Terms.

 

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site, or any individual element within the Site, Leonardo Moleiro Art's name, any Leonardo Moleiro Art trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Leonardo Moleiro Art's express written consent;

Access, tamper with, or use non-public areas of the Site, Leonardo Moleiro Art's computer systems, or the technical delivery systems of Leonardo Moleiro Art's providers;

Attempt to probe, scan or test the vulnerability of any Leonardo Moleiro Art system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Leonardo Moleiro Art or any of Leonardo Moleiro Art's providers or any other third party (including another user) to protect the Site, Services, Leonardo Moleiro Art Content or Member Content;

Attempt to access or search the Site, Services, Leonardo Moleiro Art Content or Member Content or download Leonardo Moleiro Art Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Leonardo Moleiro Art or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Leonardo Moleiro Art trademark, logo URL or product name without Leonardo Moleiro Art's express written consent;

Use the Site, Services, Leonardo Moleiro Art Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Leonardo Moleiro Art Content or Member Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Leonardo Moleiro Art Content or Member Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Leonardo Moleiro Art will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Leonardo Moleiro Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Leonardo Moleiro Art has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Leonardo Moleiro Art reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Leonardo Moleiro Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Leonardo Moleiro Art, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

 

Sweepstakes and Contests

Leonardo Moleiro Art may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Leonardo Moleiro Art's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

 

Ownership

The Site, Services and Leonardo Moleiro Art Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Leonardo Moleiro Art and its licensors exclusively own all right, title and interest in and to the Site, Services and Leonardo Moleiro Art Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Leonardo Moleiro Art Content.

 

Copyright Policy

Leonardo Moleiro Art respects copyright law and expects its users to do the same. It is Leonardo Moleiro Art's policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Leonardo Moleiro Art's Copyright Policy at www.leonardomoleiro.com/copyright for further information.

 

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Leonardo Moleiro Art is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Leonardo Moleiro Art of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Termination and Account Cancellation

If you breach any of these Terms, Leonardo Moleiro Art will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Leonardo Moleiro Art reserves the right to revoke your access to and use of the Site, Services, Leonardo Moleiro Art Content and Member Content at any time, with or without cause. In the event Leonardo Moleiro Art terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to help@leonardomoleiro.com.

 

Disclaimers

THE SITE, SERVICES, LEONARDO MOLEIRO ART CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEONARDO MOLEIRO ART EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEONARDO MOLEIRO ART MAKES NO WARRANTY THAT THE SITE, SERVICES, LEONARDO MOLEIRO ART CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LEONARDO MOLEIRO ART MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEONARDO MOLEIRO ART OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, LEONARDO MOLEIRO ART DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES LEONARDO MOLEIRO ART MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. LEONARDO MOLEIRO ART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

 

Indemnity

You agree to defend, indemnify, and hold Leonardo Moleiro Art, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Leonardo Moleiro Art Content or Member Content, or your violation of these Terms.

 

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Leonardo Moleiro Art Content and Member Content remains with you. Neither Leonardo Moleiro Art nor any other party involved in creating, producing, or delivering the Site, Services, Leonardo Moleiro Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Leonardo Moleiro Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Leonardo Moleiro Art has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Leonardo Moleiro Art's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Leonardo Moleiro Art Content or Member Content exceed: (i) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to Leonardo Moleiro Art for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Leonardo Moleiro Art and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Leonardo Moleiro Art used herein are trademarks or registered trademarks of Leonardo Moleiro Art. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Leonardo Moleiro Art and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Leonardo Moleiro Art and you regarding the Site and Services.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Leonardo Moleiro Art's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Leonardo Moleiro Art may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Leonardo Moleiro Art via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

General

The failure of Leonardo Moleiro Art to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Leonardo Moleiro Art. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Leonardo Moleiro Art

If you have any questions about these Terms, please contact Leonardo Moleiro Art at help@leonardomoleiro.com.