ILSG.COM

 

Last Updated Date: FEBRUARY 1 2018

 

ILSG.COM (“ILSG.COM,” “we” or “our“) provides a service for purchasing “original works of art”. “original works of art” as referred to in this agreement and elsewhere in this site are defined as: …..

 

Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at www.ilsg.com/privacy policy/ 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 ILSG.COM.

 

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 PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY ENTERING ANY CONTENT OR PERSONAL INFORMATION 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

ILSG.COM 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 purchase through the Site, (other than users who utilize the guest checkout option), 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 or by utilizing our guest checkout option 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. ILSG.COM 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 ILSG.COM of any unauthorized use of your Account.

 

Privacy

See ILSG.COM’s Privacy Policy at /www.ILSG.com/privacy policy/ for information and notices concerning ILSG.COM’s collection and use of your personal information.

 

Purchases of Original Works of Art

As a SITE “user” you may purchase Original Works of Art that are listed on the Site. When you purchase an Original Work of Art through the Site and or Services, you are purchasing the work from ILSG.COM and not from the creator / artist / photographer.

 

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. ILSG.COM and/or its third party service providers will collect your billing and shipping information and process your payment. ILSG.COM will ship the purchased work directly to you. The terms and conditions of ILSG.COM’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.

 

Order Cancellations

ILSG.COM reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if ILSG.COM 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 ILSG.COM cancels an order placed via the Site and Services, ILSG.COM will send you an email confirmation of such cancellation and you will not be charged for your order.

 

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 purchaser of Original Works of art you acknowledge that ILSG.COM 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 ILSG.COM uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site. However, because individual computer monitors may display colors differently, ILSG.COM is not responsible for the color accuracy of your viewing device and how any color or tonal value may be displayed on the Site, 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  studiomanager@ilsg.com  You acknowledge and agree that all Feedback will be the sole and exclusive property of ILSG.COM and you hereby irrevocably assign to ILSG.COM and agree to irrevocably assign to ILSG.COM 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 ILSG.COM’s request and expense, you will execute documents and take such further acts as ILSG.COM may reasonably request to assist ILSG.COM to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

 

 

ILSG.COM Content / copyright and  use limitation of ORIGINAL WORKS OF ART

ILSG.COM may also make available through the Site and Services text, graphics, audio, video and images of “original works of art” (collectively, “ILSG.COM Content“), some of which is owned by ILSG.COM (“ILSG.COM-owned Content“), and some of which is made available under license by a third party (“ILSG.COM-licensed Content“).

 

ILSG.COM prohibits the download, screen capture and or printing or reproduction by any means ILSG.COM-owned Content” or “ILSG.COM Licensed Content”

 

No licenses or rights are granted to site user or print purchaser by implication or otherwise under any intellectual property rights owned or controlled by ILSG.COM or its licensors, except for the licenses and rights expressly granted in these Terms, or as defined in an addendum to this agreement.

 

General Prohibitions

You agree not to do any of the following:

• copy, download, screen capture, print or transmit any content or information or other material that is contained in the ILSG.com site, including ILSG.COM’s name, any ILSG.COM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ILSG.COM’s express written consent.
• Access, tamper with, or use non-public areas of the Site, ILSG.COM’s computer systems, or the technical delivery systems of ILSG.COM’s providers.
• Attempt to probe, scan or test the vulnerability of any ILSG.COM system or network or breach any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ILSG.COM or any of ILSG.COM’s providers or any other third party (including another user) to protect the Site, Services, ILSG.COM Content or Member Content
• Attempt to access or search the Site, Services, ILSG.COM Content or Member Content or download ILSG.COM 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 ILSG.COM 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 ILSG.COM trademark, logo URL or product name without ILSG.COM’s express written consent;
• Use the Site, Services, ILSG.COM 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, ILSG.COM 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, ILSG.COM 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.

 

ILSG.COM will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ILSG.COM may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ILSG.COM 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. ILSG.COM 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, ILSG.COM Content or any other text, graphics, images, software, music, audio, video, information or other content or material that ILSG.COM, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

 

 

Ownership

The Site, Services and ILSG.COM Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ILSG.COM and its licensors exclusively own all right, title and interest in and to the Site, Services and ILSG.COM 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 ILSG.COM Content.

 

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that ILSG.COM 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 ILSG.COM 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, ILSG.COM will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. ILSG.COM reserves the right to revoke your access to and use of the Site, Services, ILSG.COM Content and Member Content at any time, with or without cause. In the event ILSG.COM 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 studiomanager@ilsg.com.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of ILSG.COM used herein are trademarks or registered trademarks of ILSG.COM. 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 Southern District of 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 ILSG.COM and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between ILSG.COM and you regarding the Site and Services.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ILSG.COM’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ILSG.COM 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 ILSG.COM 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 ILSG.COM 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 ILSG.COM. 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 ILSG.COM

If you have any questions about these Terms, please contact ILSG.COM:

studiomanager@ILSG.COM