Legal Informations:

Terms of Use


fog generation, a registered company, UAN number FOG ART GALLERY( “FOG ART GALLERY”, “we” or “our” ) provides a service for sale and purchase of original works of art and to commercially exploit digital images of works of art ( “our services “ ) on our website, accessible at www.fogartgsllery.com (“ the site “). Please read carefully the following terms and conditions ( “Terms” ) and our Privacy Policy, which can be found at http://www.fogartgallery.com/legal/privacy and which is incorporated by reference into these Terms. These Terms govern your access and use of the Site and the Services, and constitute a binding legal agreement between you and fog generation.

YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICES OR SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR By posting any Content ON THE SITE, you indicate that you have read, understood and agreed to BE bound by these terms, EVEN IF YOU ARE NOT REGISTERED ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT HAVE THE RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or reject 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 person to those terms and, in that case, “you” and “your” “will refer and apply to that corporation or other body corporate.

Changes

FOG reserves the right, in its sole discretion, to modify, interrupt or terminate the Site or the Services OR to modify these conditions at any time and without notice. If we change these conditions, we will post the change on the site and this will be notified to you. We will also update the “Last Updated Date.” By continuing to access or use the Site or the Services after we have posted a change to the Site, or we have notified you of a change, you indicate that you agree to be bound by the modified terms and conditions.If the amended terms are not acceptable to you, your sole remedy is to discontinue use of the Site and the Services.

Eligibility

The Site and the Services are intended only for persons who are 18 years of age or older. Any access or use of the Site or Services by any person under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.

Registration

In order to list a work on the site, interact with members of the site, or 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 need to provide certain information, choose a username and password. At the end of our registration process, you will become a “member”. You agree to provide accurate, up-to-date and complete information during the registration process and to update this information to keep it accurate, current and complete. FOG reserves the right to suspend or terminate your account if the information provided during the registration process or subsequently, proves to be inaccurate, out of date or incomplete. You are responsible for saving your password. You agree not to disclose your password to a third party and to take full responsibility for all activities or actions under your account, if you have authorized such activities or actions. You must immediately notify FOG of any unauthorized use of your account.

Confidentiality

See the FOG Privacy Policy at http://www.fogartgallery.com/legal/privacy for information and advice regarding FOG’s collection and use of your personal information.

Terms of Sale (For Sellers)


Submiting works on the site

As a member, you may submit original works of art ( “ Original Works of Art” ) that you have created and that you wish to display and / or sell through the Site and Services. You can only submit works of art of which you are the author, or of which you have the mandate or the rights of sale. As a member, you can also offer digital images of works of art ( “Digital Works”) that you have created and that you wish to exploit commercially through the Site and the Services. You can only submit digital works that you author, or you have the mandate or sales rights. In order for your works to be accepted, you must provide FOG with all the information requested on the page of insertion of the works and you must respect all the other requirements of FOG indicated on this page. Without limiting the generality of the foregoing, if you offer advertisements for the sale, you may be required to verify your identity by providing FOG with a copy of an official issued ID or similar document separately to http://www.fogartgallery.com/help/ . FOG reserves the right to modify the advertisements to ensure that they comply with these guidelines. You agree that your ads are not immediately searchable by keyword or category for several hours (or up to 48 hours in some cases). The placement of your ads in the search section and search results may be based on factors that include, without limitation: the title, keywords, description, category or price.

You agree that FOG reserves the right to promote and market the original works of art and / or Digital Works through the use of promotions and / or discounts. The amount of the sale or discount will apply to the price list of original works of art and / or printed works (defined below) for digital works. You still have the right to remove an advertisement for Original Works or Digital Works from the site - please see the instructions below.

-If you want to delete an ad for an original Art work or a Digital Work site, you must access your account, click on the image you want to delete and click Remove. Then follow the steps on this page.

-Use of services for artists and art galleries

Fog offers an integrated set of services to protect, promote and sell works of art.
The list of services offered is available on the page https://www.fogartgallery.com/fr/our-services .
Fog’s offer of services for artists and art galleries does not constitute in any way a special guarantee to receive contacts, to conclude sales or to obtain a specific ranking on the search engines. For all that, Fog’s team puts all its efforts and energy into offering simple, high-performance and quality tools, and strives as much as possible to make every effort to satisfy its members.

-Offer without duration commitment

Fog offers subscriptionless services. You are not committed beyond the duration you have already paid. You can cancel your subscription at any time without any justification.

-Cancellation of a service

All service can be cancelled at any time. Cancellation of a service (even before the end of the paid period) does not give rise to any refund. The service remains usable for the entire period paid until the last day of service expiration, even if the corresponding payment subscription has been cancelled.

Responsibility for works of art

You acknowledge and agree that you are solely responsible for all original works of art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) for the original works of art that you make available through the Site and Services, you are the creator or have the sales mandate, and you are or represent the sole owner of all the original artwork you offer; (Ii) concerning the digital works that you make available through the Site and the Services, you are either the sole owner of all these digital works or if you have all the rights, licenses, consents and releases that are necessary to grant FOG the rights in those digital works provided for under these Terms; and (iii) neither the original works of art, nor the digital works that you make available through the Site and Services, nor the use and exploitation of FOG thereof, as provided herein. Conditions, will not infringe, circumvent or infringe any patent, copyright, trademark, trade secret or other intellectual property rights of any third party or the rights of publicity or confidentiality, or will violate applicable laws and regulations.

Online sales

Fog offers the direct linking of sellers and buyers. As a seller, you are solely responsible for the transaction and all the consequences of it, direct and indirect. It is your responsibility to inform the customer about the methods of payment you accept, delivery charges and deadlines, possible return policy, in accordance with the legislation.

If you are advertising for Digital Works, you allow Members and other third parties to purchase reproductions of works of art from digital works.

If you offer ads for Digital Works, you grant FOG a worldwide, transferable, non-exclusive license, with the right to sub-license, to (i) use, modify (as the case may be in connection with the manufacture and distribution of printed works), reproduce, distribute, perform publicly and display digital work as part of the manufacture, distribution and sale of Work Printing to members and other third parties via online sales and other offline channels (“Offline Sales”), and (ii) access, view, use, crop, resize, copy, distribute, license, display publicly, publicly perform, transmit broadcast copies of digital works, in any form, medium or technology known or developed subsequently, in order to promote the sale of digital works and / or FOG, the Site and the Services. You acknowledge and agree that the above license rights are granted on a royalty-free basis and that your only compensation for the grant of such license fees, where applicable, will be in the form of the Artist’s Share (defined below), which is payable only on the sale of a digital work via online and offline sales channels. FOG may appoint one or more third party subcontractors, who may exercise the above license rights in order to allow FOG to process and execute orders for printed work.

Between you and FOG, FOG will be considered the seller of all Printed Works that are purchased through the online sales channels. If an original work of art and / or printed work is sold through a third party site, the terms and conditions of the third party website apply to the purchaser for the particular purchase. However, between you and FOG, only these conditions apply to the sale of this original work of art and / or printed works.

FOG and / or its third party service providers will be responsible for the collection of billing data, shipping to the buyer and payment processing of such purchases by the Site and the Services. For purchases made through third party websites and for offline sales, fOg’s third party website or Offline Sales Partner will be responsible for collecting billing and shipping information including details of buyer, as well as the collection of the payment, and will give fOg this information, as well as the payment applicable to this sale, as agreed between FOG and the third party website or partner of Offline Sales of FOG.

For sales of printed works via online sales and offline sales, FOG will credit your account according to the pricing conditions and commissions.

If you delete an ad for digital work on the Site, the license rights granted by you to FOG to manufacture, distribute and sell printed works in respect of such Digital Works will terminate from the date on which the advertisement is removed, however, the license fees will subsist and remain in force as long as necessary for FOG and its third party subcontractors to fulfill all orders in process for these printed works and for any order of these printed works accepted by FOG or its third party subcontractors or online business partners via third party websites and its offline business partners before or as of the effective date of termination.In addition,

Terms of Sale (for Buyers)


Return period

FOG recommends to the sellers a period of return of 7 days allowing you to return the work if you are not totally satisfied with it. By returning the work at your expense in perfect conditions and in its original packaging, you will then be fully refunded (the return costs will not be refunded).

In case the order is canceled due to an incorrect address, or a package refused at the reception, the SENDING AND RETURN FEES will be charged

The withdrawal period depends on the quality of the seller (professional / individual) and the special conditions of sale of the seller. it is up to you to negotiate with the seller directly to make sure that he offers you a service in connection with your wait before ordering.

Purchases of original works of art

As a buyer, you can buy original artwork that is offered by on the site. When you buy such an original work of art through the Site and the Services, you buy the work directly to the member identified on the page of the work. The prices of the original works of art are indicated on the corresponding pages. You acknowledge that prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. FOG and / or its third party service providers must be able to collect your billing and shipping information in order to process your payment. The member identified on the page of the original work of art will ship the work directly to you. FOG’s terms and conditions of sale and the Effective Returns Policy apply to all original works of art that you purchase through the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase. intermediary of the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase. intermediary of the Site and the Services. When you purchase original works of art online (other than through the Site and the Services) these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase.

Print purchases

You can buy printed works that are offered by other members on the site. The prices of the works are indicated on the corresponding pages. You acknowledge that the prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. When you buy printed works through the site and services, FOG and its third party service providers will collect your billing and shipping information, cash your payment and send you directly your printed work. The terms and conditions of FOG as well as the Return Policy in force Apply to all print jobs you purchase through the Site and Services. When you purchase printed works online (other than through the Site and the Services) and offline, these purchases will be subject to the applicable terms and conditions on those online sales channels that will be presented to you at the time of purchase.

Order cancellations

fOg reserves the right to cancel any order of an original work of art or printed work contracted through the Site and the Services if FOG determines, in its sole discretion, that the article is badly evaluated, in rupture from stock, discontinued, or not available at the price indicated on the Site and the Services. If FOG cancels an order placed through the Site and the Services, FOG will send you an email confirming this cancellation and you will not be charged for your order.

Conditions for sellers and buyers


Sales outside fog

Members who sell original works of art on the Site and the Services give a non-exclusive reseller mandate to FOG. As such, the works are likely to be sold outside FOG . You understand and agree that any transaction concluded outside the Site and the Services is carried out at your own risk: it is not covered by any guarantee as defined in these conditions, nor concerning the payment, nor concerning the return policy of FOG . You understand and agree that Fog will not offer any assistance, advice, legal assistance or support of any kind regarding payment, delivery or any problems that may arise as a result of a transaction concluded outside the scope of the Site and the Services. Certificates of sale are only offered at a sale concluded through FOG . You understand and agree that FOG can not provide any proof or sales certificate for a transaction concluded outside the Site and the Services, even if such a work is present on FOG .

Transaction restrictions

If you are a member and you are offering an original work of art for sale and you have been contacted through the Site or the Services by another member regarding the purchase of this original work of art, you agree to do not sell this original work of art to this person outside the Site and Services. Similarly, if you are a member and wish to buy an original work of art proposed by another member on fOg, you can not buy this original work of art outside the Site and Services.

Colors

You understand and agree that FOG makes commercially reasonable efforts to display the colors of original works of art, digital works and printed works as accurately as possible on the Site and the Services. However, because of the notorious material differences, computer screens can show very different colors. FOG is not responsible for the color accuracy of original works of art, digital works, or printed works displayed on the Site and the Services, and declines all responsibility in this respect.

Suggestions & feedbacks

We welcome with interest all the criticisms, comments and suggestions for the improvement of the Site and Services ( “Suggestion” ). You can submit your suggestions at fogartgallery.com/help/ . You acknowledge and agree that all the Suggestions thus transmitted will be the exclusive property of FOG and agree to irrevocably assign to FOG all your rights, titles and interests concerning these Suggestions, including, without limitation all patent rights , copyrights, trade secret rights, and other intellectual property rights or similar rights throughout the world.

Content generated by members

In addition to presenting ads for original works of art and digital works, FOG may, in its sole discretion, designate areas of the Site where members may post, download, publish or submit text, images of works of art or other content on the site (individually or collectively, “Membership Content”). The concept of “Member Content” excludes all images of original works of art or digital images that have been offered for sale as described under “Seller’s Terms and Conditions” above. FOG does not claim any right of ownership in this Member Content and nothing in these Terms shall be deemed to limit the right that a Member may have to use and exploit such Content. By making available any Member Content on or through the Site and Services, (i) you grant FOG one worldwide, a transferable, non-exclusive, royalty-free, commission-free right to crop, resize, display publicly, publicly perform, distribute, distribute and transmit this Content on or through the Site and the Services, in any form, support or technology known or developed later, in order to promote the sale of artwork and / or FOG , the Site and the Services, and (ii) you directly grant to other members the right and license to View and view your member content on or through the Site and the Services, as part of the use of the Site and Services as an authorized member. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services. other members the right and license to view and view your member content on or through the Site and the Services, as part of the use as an authorized member of the Site and Services. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services. other members the right and license to view and view your member content on or through the Site and the Services, as part of the use as an authorized member of the Site and Services. You retain all other rights and licenses, on any member content that you make available on or through the Site and the Services.

You acknowledge and agree that you are solely responsible for the Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all member content that you make available on the Site or that you have all the rights, licenses, consents and discharges that are necessary to make available such Member Content and to grant all rights and licenses in such Content as delivered pursuant to these Terms; and (ii) neither the membership content nor your decision to make such Member Content available on the Site or any use of any member content as permitted by these Terms will violate, circumvent or infringe any patents, copyrights, trademarks, trade secrets,

FOG Content

FOG may also make available on the Site and the services text, graphics, audio, video and images of works of art (collectively, “FOG Content” ), a portion of which is held by FOG ( “Content property of FOG” ), part of which is made available under license by a third party ( “ FOG Content under license “). FOG authorizes you to download, view and print FOG’s Content only for your personal use when you visit the site and, if you are a member, in the exercise of the rights granted to members under these Terms. . For the Licensed FOG Content, the scope of your right to it will be limited only to the applicable license agreement that governs the use of such content, as indicated on the website page where this content appears. Nothing in these conditions is intended to modify, restrict or limit the scope of your rights to FOG Content under license. No right or license is granted to you by implication or otherwise under the intellectual property rights owned or controlled by FOG or its licensors,

General prohibitions

You agree not to do any of the following:

  • View, download, post, present or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misuses or violates a third party’s patent, copyright trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or confidentiality; (Ii) violates, or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (Iii) is fraudulent, false, misleading or deceptive; (Iv) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, intolerance, racism, hatred, harassment or violence against an individual or group; (Vi) is violent or threatening or encouraging violence or threatening actions of any other person; (Vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
  • Use, display, clone or create a mirror, or place in a frame the Site or any individual element in the site, the name of FOG, any trademark FOG, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express authorization and written consent of FOG;
  • Access, alter, or use the non-public areas of the site, FOG computer systems, or FOG suppliers’ technical delivery systems;
  • Attempt to probe, scan or test the vulnerability of FOG’s computer systems or its network or violate security or authentication measures;
  • Avoid, circumvent, delete, disable, alter, decrypt or otherwise circumvent the technical measures implemented by FOG or one of the suppliers of FOG or any other third party (including another user) to protect the site, services, the content of FOG or the Contents of the members;
  • Attempt to access or search the site, services, FOG content or members’ content or download the artistic contents of FOG or the content of members of the site or services through the use of any engine, software, tool, agent device or mechanism (including spiders, crawlers, robots, exploration tools and data collection or other) other than software and / or search agents provided by FOG or others generally available on web browsers;
  • Send any unsolicited or unauthorized advertising, promotional material, e-mail, junk mail, SPAM, chain letters or any other form of solicitation;
  • Use meta tags or any other hidden text or metadata using FOG trademark, URL logo or product name without the written permission of FOG;
  • Use the Site, Services, FOG Content or Member Content for any commercial purpose or for the benefit of a third party, in any way not permitted by these Terms;
  • Falsify a TCP / IP packet header or any part of the header in any email or newsgroup, or any manner of using the website or services, FOG content or Members Content to send misleading information or false whose source identification has been changed,;
  • Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Site, Services, FOG Content or Member Content;
  • Interfering with, or attempting to interfere with the access of any user, host or network, including, without limitation, the sending of a virus, overload, Flood, spamming, or Mail Bombing;
  • Collect or store personally identifiable information from the Site or the Services by 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 allow others to do all of the above.

FOG shall have the right to investigate and prosecute violations of all the foregoing to the fullest extent of the law. FOG may involve and cooperate with law enforcement authorities to prosecute users who violate these conditions. You acknowledge that FOG has no obligation to monitor your access or use of the Site or the Services or to delete any member content, but has the right to do so for the purpose of the operation of the site and the services, to ensure compliance with these Conditions, or to comply with the law in force of the order or requirement of a court, administrative body or other governmental body. FOG reserves the right, at any time and without notice, to remove or disable the properties.

FOG’s Site, Services and Content are protected by copyright, trademark and other laws in India and throughout the world. Unless expressly stated in these Terms, FOG and its licensors retain exclusive ownership of all rights, titles and interests in the Site, FOG services and content and printed works, including all associated intellectual property rights. You must not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated or accompanying Site, Services or FOG Content.

Copyright Policy

FOG respects the copyright and expects its users to do the same. FOG’s policy is to terminate in appropriate circumstances the accounts of members or other account holders who repeatedly infringe or are suspected of repeatedly infringing the rights of copyright owners.

Connections

The Site may contain links to third-party sites or resources. You acknowledge and agree that FOG is not liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, products or services available on or from such sites or resources. The links to these sites or resources do not imply endorsement by FOG of these sites or resources or the content, products or services available on these sites or resources. You alone acknowledge the liability and all the risks resulting from your use of these websites or resources.

Cancellation of the account

If you fail to comply with these conditions, FOG will have the right to suspend or deactivate your account or terminate these Terms, in its sole discretion and without notice. FOG reserves the right to revoke your access to the use of the Site, the Services, the FOG content and the content of the members at any time, with or without cause. In the event that FOG cancels your account for breach of these conditions, you will remain liable for all amounts due under these conditions. You can cancel your account at any time by making a request at fogartgallery.com/help/.

Warnings

THE SITE, THE SERVICES, THE FOG CONTENT AND THE CONTENT OF THE MEMBERS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING ANY OF THE FOLLOWING, FOG EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO WARRANTY ARISING OUT OF BUSINESS COURTS OR THE USE OF TRADE. FOG MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE FOG CONTENT AND THE CONTENT OF THE MEMBERS will meet your needs or will be available in an uninterrupted, SECURE OR ERROR FREE way. FOG MAKES NO WARRANTY REGARDING THE QUALITY OF THE WORK, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR THE ACCURACY, VERIFICATION.

NO ADVICE OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOG OR FROM THE SITE OR SERVICES, MAY MAKE ANY WARRANTY NOT EXPRESSLY MADE HEREIN

YOU ARE SOLE RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE TO OR DECIDE TO INTERFERE AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY MENTIONED IN THESE TERMS, FOG DOES NOT FILTER OR PERFORM ANY SURVEY OF MEMBERS OR VERIFY THE IDENTITY OF OTHER USERS OF THE SITE OR SERVICES. FOG MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE CONDUCT OF USERS ON THE SITE OR THE SERVICES. YOU AGREE TO TAKE THE RESONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH

Allowance

You agree to defend, indemnify and protect FOG, its officers, directors, employees and agents from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, in connection with your access to or use of the Site, Services, FOG Content or Member Content, or your breach of these Terms.

Notice of Property Rights

All FOG trademarks, service marks, logos, trade names and other proprietary designations used herein are trademarks or registered trademarks of FOG. All other trademarks, service marks, logos, trade names and other designations of ownership are trademarks or registered trademarks of their respective parties.

Entire agreement

These conditions constitute the entire and exclusive agreement between FOG and you concerning the Site and the Services and these Conditions cancel and replace all the agreements or agreements between FOG and you concerning the Site and the oral or written previous services.

Notice

Any notice or other communications authorized or required herein, including those concerning changes to these conditions, will be written and given: (i) by FOG by e-mail (in each case, to the email address you provide) or (ii) posting a notification on the site. For notifications made by e-mail, the date of receipt will be deemed to be the date on which this notice is sent.

It is your responsibility to regularly review these terms to ensure that you are always in agreement, understand, and accept all of the conditions in effect.

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