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Use of the Site

Awethentic Gallery provides you with access to and use of, the Site subject to your compliance with the Terms & Conditions and the Site's Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our artists, galleries, partners, or licensors and are protected by patent, trademark and/or copyright under Hong Kong and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

 

Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed upon;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: concierge@awethenticgallery.com

Rules and Limitations on Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limitations on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of Awethentic Gallery. You are responsible for your own communications, the content uploaded on your behalf and for the consequences of their posting on or through the Site.

Awethentic Gallery specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own;

  • Impersonating another person;

  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

  • Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

  • Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

  • Posting material that infringes on any other intellectual property, privacy or publicity right of another;

  • Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Hong Kong export control laws;

  • Attempting to interfere in any way with the Site's or Awethentic Gallery’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

  • Abusing the ‘Invite a friend benefit’ in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses

  • Abusing special discounts, awards or incentives offered by Awethentic Gallery. Unless otherwise specified, only one offer is value per person, maximum two per household.

 

Buying from Awethentic Gallery

Awethentic Gallery is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including, without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay.

All copyright subsisting in the Products shall remain in the Artist’s ownership, unless otherwise agreed in writing.

Buyer Warranties

Awethentic Gallery is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including, without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, and the ability of the Buyer to pay.

All copyright subsisting in the Products shall remain in the Artist’s ownership, unless otherwise agreed in writing.

     

    Buyer Warranties

    As a Buyer you warrant and agree that in respect of any Product submitted to the Awethentic Gallery:

    • Your use of the Awethentic Gallery Site, the purchase of any Products, and any communication or transaction initiated on the Awethentic Gallery complies fully with all Hong Kong laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibition on import of Product from the company’s jurisdiction into the Buyer's jurisdiction; and
    • You are responsible for identifying and paying all taxes applicable to the Buyer for the purchase and collection of the Product, including any import of the Product to the Buyer's jurisdiction.

    As between you and Awethentic Gallery [insert space] (or other company whose marks appear on the Site), The Awethentic Gallery (or therespective company) is the owner and/or authorized user of anytrademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

    Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by The Awethentic Gallery. If you make use of the Site, other than that as provided herein, in doing so, you may violate copyright and other laws of Hong Kong, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

    The information on the Site, including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Awethentic Gallery, or other entities. Such trademarks, service marks and trade names may be registered in Hong Kong and internationally.

    Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

    Disclaimer of Warranties

    You understand and agree that:

    • The site, including, without limitation, all content, function, materials and services is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
    • Awethentic Gallery does not warrant that the Site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected.
    • Awethentic Gallery makes no warranty that the site will meet users' expectations or requirements. No advice, results or information, or materials, whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
    • Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
    • Awethentic Gallery does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site.
    • Awethentic Gallery is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of the company.

    Force Majeure

    (a) Awethentic Gallery shall not be liable for any failure of or delay in the provision of services expressly stated in the Purchase, Receipt, and/or written communication between Awethentic Gallery and the User, for the period that such failure or delay is:

    (i) beyond the reasonable control of Awethentic Gallery;

    (ii) materially affects the performance of any of its obligations under this agreement; and

    (iii) could not reasonably have been foreseen or provided against;

    (b) If supervening and/or unforeseeable events, issues, and/or causes arise outside of Awethentic Gallery's reasonable control, Awethentic Gallery shall be relieved from performing the obligation affected for the duration and to the extent affected, and may be entitled to compensation.

    Supervening events, unforeseeable events, issues, and/or causes include, but are not limited to:

    (i) an act of God;

    (ii) delays in the production, delivery, and/or installation of the Product(s) that arise outside of Awethentic Gallery's reasonable control;

    (iii) damage and/or loss of products that arise outside of Awethentic Gallery's reasonable control;

    Awethentic Gallery's shall not be liable if the items outlined in (a) and (b) prevent, impede, or hinder Awethentic Gallery's ability to perform such obligations.

    Purchasing Awethentic Gallery strives for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site.

    © Copyright 2021 by Awethentic Gallery All rights reserved.