Welcome to Mist Gallery. Please take the time to review our Terms & Conditions. This is a binding contract between you (User) and Mist Gallery. The Site referenced includes www.mistgallery.com.
The following terms and conditions govern your use of this Site. The ‘Data’ included in this site includes but not limited to the artwork, discussions, news, blogs, press releases, etc. By accessing, viewing or using the Data and materials on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions please do not use this Site, the Data or the materials. We reserve the right to update or revise these terms and conditions. You can find the updates or revisions by visiting this page and/or by email notification. Continued use of this Site after posting changes constitutes your acceptance of those changes.
When you visit this site, send emails to Mist Gallery or sign up for our newsletter, you are communicating with us electronically and consenting to receive communications electronically. This consent also includes receiving Notices posted to this Site electronically. To unsubscribe at any time, click “Unsubscribe” at the bottom of the Mist Gallery newsletter or manage your subscriptions at http://mailchimp.com.
Purpose of Mist Gallery
Mist Gallery brings the public original art by emerging artists from around the country. All participating artists are hand-picked by Mist Gallery founders, Elizabeth Servito and Nastassja Swift.
Any other use of Mist Gallery (such as seeking to copy art) is strictly prohibited and is a violation of this Agreement.
Mist Gallery’s roster of artists is one-of-a-kind and proprietary. Gallerists, print shops and other competitors are strictly prohibited from using the Site to develop their own artist roster and exhibitions.
We may modify, replace, refuse access to, suspend or discontinue Mist Gallery, partially or entirely, or to charge and modify prices for Mist Gallery. All of these changes shall be effective upon their posting on our site or by email communication to you.
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from the Site; (c) are not a direct competitor of the Site; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Artwork Descriptions & Site Content
Although we strive to be as accurate as possible, Mist Gallery does not warrant that artwork descriptions, content of this site and that of electronic communications is accurate, complete, reliable, current, or error-free.
The views and opinions expressed by artists in the artist interviews are strictly those of the artist. Mist Gallery does not endorse those views. Mist Gallery does not warrant the accuracy or completeness of any content expressed or provided by artists. Mist Gallery reserves the right to block or remove any content or materials on the website at any time in our sole discretion.
Pricing Except where noted otherwise, the List Price displayed for artworks on our website represents the full retail price as suggested by the artist. Artwork for sale through the Site is being sold unframed and all exceptions (work being sold framed) will be noted in the product description.
User’s checking account will be charged at the time the order is placed. Despite our best efforts, it is possible that an item on the Site is mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Taxes will be added during check-out where applicable according to the state tax law.
Payment Methods Mist Gallery accepts credit card as payment for the artworks. Mist Gallery reserves the right to accept or refuse any other payment methods.
Return Policy There are no returns unless the artwork is damaged or if you feel the artwork was grossly misrepresented on the Site. If the artwork arrives damaged please contact Mist Gallery and you will either be issued a refund or, if the artist is willing, issue another, similar piece of the same value. (Because all artwork for sale is one-of-a-kind these situations are handled on a case-by-case basis and there are no guarantees.)
U.S. Shipping Policy Shipping within the U.S. is free. All packages are insured. Buyers will receive a shipping confirmation with tracking information when art is shipped. Due to third party content of tracking information, Mist Gallery cannot guarantee the accuracy of that information.
Artwork is shipped unframed unless otherwise noted.
International Shipping Policy Please inquire at email@example.com for shipping to locations other than the U.S. International buyers are responsible for paying for shipping and insurance as well as all taxes and duties in the country of destination.
Copyright and Trademarks
This site and its contents are protected by U.S. and international copyright and trademark laws including but not limited to the artwork, discussions, news, blogs, press releases, etc. made available to you, logos, headers, icons, buttons and look and feel. Third parties whose materials appear on this website own the copyright and trademark in the materials original to them. You acknowledge and agree that the artworks, Data, service and any necessary software used in connection with this Site contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws. You are granted a limited non-exclusive and non-transferable right to use this Site for personal use as outlined in these Terms and Conditions. You may not copy, disseminate, download, reproduce or publish the content except where expressly set forth in these Terms and Conditions.
Copyright of the artwork will remain perpetually with the original copyright holder, be it the artist or otherwise. Purchase of the artwork does not transfer the copyright to the Purchaser/buyer.
License and Limitations on Use By use of this Site you are granted a limited non-exclusive and non-transferable license to access the site and make personal use of this Site. You are granted a limited license to (a) view the Data on your screen, (b) print the Data, (c) transfer Data to a personal handheld device including a personal digital assistant, mobile phone, smartphone or any other mobile device used for personal view, (d) save the Data or (e) transfer a copy to a third party provided that there is an option to 'share' the information as provided by the Site or the individual user that created that content and provided you do not remove the copyright notices or proprietary legend that appear and do not modify the Data in any way. You shall not derive or attempt to derive the source code or structure of all or any part of the materials, Data or Site by reverse engineering, disassembly, decompilation or any other means. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or any other intellectual property right of Mist Gallery, except for the right of use expressly set forth in these Terms and Conditions.
Each User grants Mist Gallery a license to use the content supplied by each such User for the purposes of disclosure on the Site.
This license includes, inter alia, the right for Mist Gallery to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Mist Gallery and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Mist Gallery to modify said content in order to conform to the interface or display requirements of the Site or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Mist Gallery for any purpose other than for those purposes strictly related to use of the Mist Gallery services for personal purposes.
Third Party Links and Endorsements Mist Gallery does not make any representations or warranties to any third party websites available to access through this website, especially sites mentioned by Users. Any website is independent of Mist Gallery. As well, any website linked to Mist Gallery may or may not be affiliated with Mist Gallery. It is up to you to make an independent decision regarding your interaction or communication with such website. As such, you hold Mist Gallery free from liability and responsibility when communicating or interacting with such websites.
The Site does not have control over the opinions and comments of Users on the Site. Please proceed with caution when following links from posts, etc. The Site encourages you to report anything that you find offensive to firstname.lastname@example.org. The post may be removed upon review and should the Site find the post not to be objectively offensive, the Site maintains the right to repost.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Disclaimer of Warranties and Limitations of Liability
MIST GALLERY PROVIDES THE SITE AND DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIST GALLERY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND DATA ARE FREE FROM VIRUSES AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR SPECIFIC NEEDS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND DATA ARE OF SATISFACTORY QUALITY, ACCURATE, OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MIST GALLERY CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS SITE AND DATA IS SOLELY AT YOUR OWN RISK.
THE MATERIALS AND DATA MAY INCLUDE INACCURACIES WHETHER TECHNICAL OR TYPOGRAPHICAL ERRORS. MIST GALLERY HAS THE RIGHT AT ANY TIME TO CHANGE, MODIFY, ADD TO OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE, MATERIALS OR ARTWORK. MIST GALLERY HAS NO OBLIGATION TO PROVIDE YOU WITH NOTICE OF ANY SUCH CHANGES.
UNDER NO CIRCUMSTANCES SHALL MIST GALLERY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MIST GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ADDITION, MIST GALLERY SHOULD BE FREE FROM RESPONSIBILITY OR LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE MIST GALLERY LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MIST GALLERY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS OF THE COMMUNITY ; THEREFORE, MIST GALLERY DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. FURTHERMORE, MIST GALLERY DOES NOT HAVE AN OBLIGATION TO VERIFY THE COPYRIGHT HOLDER OF THE ARTWORK AVAILABLE TO PURCHASE ON ITS SITE. MIST GALLERY DOES NOT TAKE ANY RESPONSIBILITY FOR ALLEGED OR ACTUAL COPYRIGHT INFRINGEMENT IN THE ARTWORK.
Indemnity You agree to indemnify and hold Mist Gallery and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this Data.
Termination You may terminate this Agreement, for any or no cause, at any time, with notice to Mist Gallery which shall be effective upon Mist Gallery processing such notice. Mist Gallery may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice.
In furtherance and without limiting the foregoing, Mist Gallery has adopted a policy of terminating, in appropriate circumstances and at Mist Gallery’s sole discretion, Buyers who are deemed to be repeat infringers under the United States Copyright Act. Mist Gallery may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users/Buyers who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Severability If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices We may notify you via postings on www.mistgallery.com, and via email or any other communication means to contact information you provide to us. You may also notify us via email at email@example.com.
Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
No informal waivers, agreements or representations Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Mist Gallery Affiliate shall be deemed legally binding on any Mist Gallery Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Mist Gallery.
No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Mist Gallery for any third party that assumes our rights and obligations under this Agreement.
Claims Regarding Copyright Infringement We strictly adhere to the Take Down Procedures as outlined by the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Mist Gallery has designated an agent to receive notices of claimed copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: firstname.lastname@example.org
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
For all other complaints, please contact us at: email@example.com