Main Gallery Terms of Service
Main Gallery, Inc., which is a fully owned subsidiary of Leaf Group Ltd. (referred to as “Main Gallery,” “we,” or “our”), offers a platform for showcasing, selling, and buying original artwork, as well as for the commercial use of digital representations of artwork through our website, found at www.maingallery.com (the “Site”), and our mobile application (the “Mobile Application”). This includes any services, software, tools, features, or functionalities provided by Main Gallery (referred to individually as a “Service” and collectively as the “Services”). It is important that you carefully read these terms and conditions (“Terms”), along with our Privacy Policy located at www.maingallery.com/privacy (the “Privacy Policy”). Together, these Terms, the Privacy Policy, and any other linked policies, regulate your access to and use of the Services, creating a legally binding agreement between you and Main Gallery.
There may be specific areas within the Services, or access to certain Services, that are governed by additional terms and conditions or require you to accept further terms and conditions. Should there be a discrepancy between these Terms and any additional terms and conditions applicable to a specific part of the Services or for access to specific Services, the additional terms and conditions will override these Terms in relation to your use of or access to that part of the Services.
IT IS CRUCIAL THAT YOU READ THESE TERMS ATTENTIVELY. INCLUDED WITHIN THESE TERMS IS AN AGREEMENT TO ENGAGE IN BINDING INDIVIDUAL ARBITRATION FOR ANY DISPUTES RELATING TO YOUR USE OF THE SERVICES, RATHER THAN PURSUING COURT ACTION. IF YOU WISH TO OPT OUT OF THE BINDING ARBITRATION AGREEMENT, YOU CAN DO SO BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE SECTION TITLED “AGREEMENT TO ARBITRATE”. THIS SECTION ON DISPUTE RESOLUTION ALSO CONTAINS A CLAUSE THAT PREVENTS YOU FROM PARTICIPATING IN CLASS ACTIONS, MEANING YOU MUST HANDLE DISPUTES INDIVIDUALLY AND NOT AS PART OF A CLASS. ADDITIONALLY, THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL, REGARDLESS OF WHETHER YOU CHOOSE TO ARBITRATE YOUR CLAIMS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR BUYING AN ARTWORK ON OR THROUGH THE SERVICES OR BY UPLOADING ANY CONTENT TO THE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO BE BOUND BY THESE TERMS, REGARDLESS OF WHETHER YOU ARE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.
If you consent to these Terms on behalf of a business or other legal entity, you affirm that you have the legal authority to bind said entity to these Terms, and henceforth, “you” and “your” will refer to and be applicable to that business or entity.
Changes to These Terms
Main Gallery retains the exclusive right to adjust, halt, or terminate the Services or to modify these Terms at its own discretion, at any time without prior notice. Should these Terms be modified, we will post the changes on the Services or provide you with notification of the change. We will also revise the “Last Updated Date”. Your continued access to or use of the Services after such posting or notification of the modifications will indicate your acceptance of the Terms as modified. If you do not accept the modified Terms, your sole recourse is to stop using the Services. We recommend that you regularly review these Terms for any changes.
Changes to the Services
We reserve the right to alter the URL, modify or cease, and limit or block access to the Services without prior notice to you. We may also modify or remove any original artworks (“Original Works of Art”), digital images (“Digital Works”), Main Gallery content, or user content (“Member Content”) from the Services at any time without notice, including any content we deem obscene, offensive, excessively violent, harassing, or otherwise objectionable.
Occasionally, the Services may display content with typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Services is incorrect at any time without prior notice. We do not commit to updating, amending, or clarifying information in the Services, except as required by applicable laws. No specific update or refresh date should be assumed to indicate that all information in the Services has been modified or updated.
Eligibility
The Services are exclusively for individuals who are 18 years of age or older. Any access to or use of the Services by anyone under 18 is strictly forbidden. By accessing or using the Services, you assert and warrant that you are 18 years of age or older.
How we use your information
Our web site uses the data we collect for three basic purposes: to operate our business and provide (including improving and personalizing) the services we offer, to send communications, including promotional communications, and to display advertising. In carrying out these purposes, we combine data we collect through the various web site services you use to give you a more seamless, consistent and personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
Account Registration
To list an artwork on the Services or to make a purchase, except for users who use the guest checkout feature, you must first create an account (“Account”) by completing our registration process. During registration, you will be asked to provide certain information and to create a username and password. Upon completing our registration process or by using our guest checkout feature, 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. Main Gallery reserves the right to suspend or terminate your Account if any information provided during registration or thereafter proves to be inaccurate, outdated, or incomplete. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You will take full responsibility for any actions under your Account, whether authorized by you or not. You must immediately notify Main Gallery of any unauthorized use of your Account.
Privacy
Refer to Main Gallery’s Privacy Policy at www.maingallery.com/privacy for details on the collection and use of your personal information.
Purchaser Terms and Conditions
As a Member, you have the opportunity to buy Original Works of Art listed by other Members on the Services. When you buy an Original Work of Art through the Services, you are buying it directly from the Member listed as the seller, not from Main Gallery. The listed price for Original Works of Art is determined on the listing itself. Please note that listed prices do not cover shipping and handling fees (unless explicitly stated on the Site) or any applicable taxes, including VAT, which you are responsible for. These charges will be itemized separately on your receipt. Main Gallery and/or its third-party service providers will handle your billing and shipping details and process your payment. Some Original Works of Art, such as oversized pieces and sculptures, might incur additional shipping and handling fees and require special arrangements. The seller listed for the Original Work of Art will ship the purchased piece directly to you. The current Return Policy of Main Gallery applies to any Original Works of Art you purchase through the Services. Purchases of Original Works of Art made through Online Sales channels outside of the Services are subject to the terms and conditions presented to you at the time of purchase.
Why do we use cookies?
We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience. Third parties serve cookies through our websites for advertising, analytics and other purposes. We may also use small pieces of software code called “web beacons” or “clear gifs” to collect anonymous and aggregate advertising matrix, such as counting page views, promotion views, or advertising responses. A web beacon is an electronic image, called a single-pixel or clear GIF. Web beacons can recognise certain types of information on user’s computer, such as a user’s Cookie number, time and date of a page view, and description of the page where the web beacon is placed. You may render some web beacons unusable if you choose to reject their associated cookies. These web beacons may be used to deliver cookies that conform with our Cookie Policy.
Purchasing Printed Works
Members can also purchase Printed Works listed by others on the Services. The prices for Printed Works are as indicated on their listings. It’s important to recognize that the listed prices exclude shipping and handling fees and any applicable taxes, including VAT, for which you are accountable. These additional costs will be detailed separately on your receipt. For purchases of Printed Works through the Services, Main Gallery and its third-party service providers will collect your billing and shipping information, process your payment, and ensure the Printed Works are shipped directly to you. Main Gallery’s current Return Policy applies to any Printed Works you purchase through the Services. The terms and conditions of any Printed Works bought through Online and Offline Sales channels will be provided at the time of purchase.
Order Cancellations
Main Gallery reserves the right to cancel any orders for Original Works of Art or Printed Works made through the Services if it reasonably believes that the item is incorrectly priced, out of stock, discontinued, or otherwise unavailable at the price listed through the Services. If Main Gallery cancels an order, you will receive an email notification of the cancellation, and you will not be charged for your order.
How to Taxes
All prices, commissions, fees, and other amounts mentioned in these Terms, including those listed on the Services, are quoted in U.S. dollars and exclude any sales, use, value-added (VAT), goods and services (GST), or similar taxes, as well as withholding taxes, customs, duties, or tariffs imposed by any tax authority or required under law for the transactions covered by these Terms (collectively, “Taxes”).
If you are buying Original Works of Art and/or Printed Works, you acknowledge that Taxes, including VAT, will be applied to the charges where required or permitted. Each party is responsible for adhering to their obligations under applicable law concerning the collection and remittance of any Taxes, including VAT. Both parties agree to cooperate and provide the other with any standard documentation or forms required under law to either comply with these obligations or to claim any available exemptions or reductions.
Where can I get Color Accuracy
You agree and understand that Main Gallery makes a reasonable effort to accurately display the colors of Original Works of Art, Digital Works, and Printed Works on the Services. However, since individual computer monitors may vary in how they display colors, Main Gallery is not liable for the accuracy of the color of Original Works of Art, Digital Works, or Printed Works displayed on the Services, and disclaims all responsibility in this regard.
