Terms & Conditions

Terms and Conditions for Everyday Art, Inc.

1. Acceptance of Terms

By accessing or using the Everyday Art website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our services.

2. Definitions

• "Gallery" refers to Everyday Art Gallery, including any of its affiliates, employees, members, owners, agents or other representatives.
• "User" refers to any individual or entity accessing or using the Gallery's website.
• "Artist" refers to individuals or entities who upload and list their artwork in the Gallery.
• "Artwork" refers to any visual creation uploaded to the Gallery by an Artist.

3. Registration and Account

• Users must create an account to access certain features of the Gallery.
• Users agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• Users are responsible for safeguarding their account information and for any activities or actions under their account.

4. User Conduct

• Users agree not to engage in any activity that could harm the Gallery or its users. 
• Prohibited activities include, but are not limited to: spamming, distributing malware, or engaging in fraudulent activities such as attempting to access data from the website or its host server, or to probe, can or test the website and its host server. 

5. Artwork Submission and Ownership

• Artists must have the right to submit and license the Artwork.
• By submitting Artwork, the Artist grants the Gallery a non-exclusive, royalty-free license to display, distribute, and promote the Artwork on the Gallery’s website and in promotional materials.
• The Gallery does not claim ownership of the Artwork. Ownership rights remain with the Artist.

6. Sales and Transactions

• The Gallery facilitates the sale of Artwork between the Artist and the Buyer.
• All transactions are processed through secure payment methods. 
• The Gallery is not responsible for disputes between Artists and Buyers regarding sales.
• All sales are final. There are no refunds or returns. 
• Customers will receive confirmation of order and receipt of payment by email following their purchase.  The Gallery will be in touch within 48 hours to discuss delivery of the art work.  Art may be delivered by hand, mail or email.  Delivery by mail will include additional shipping charges. 

7. Intellectual Property

• The Gallery’s content, including but not limited to text, images, logos, and software, is protected by intellectual property laws.
• Users may not reproduce, distribute, or create derivative works from the Gallery.
• The User agrees that any Artwork purchased is for personal use only. The User shall not reproduce, distribute, publicly display, or create derivative works from the Artwork without the prior written consent of the Artist. Any commercial use or reproduction is strictly prohibited unless explicitly authorized by the Artist in writing.
• Users agree not to use the Gallery’s logo or any source identifying indicia without prior written consent. 

8. Disclaimer of Warranties

• The Gallery does not warrant that materials on the website will be free to viruses, worms, and other harmful materials.  The Gallery will not be held liable for any damage caused by the use of the website.   Users assume all risk when viewing or otherwise accessing the website. 
• The Gallery provides its services "as is" and "as available" without warranties of any kind, either express or implied.
• The Gallery does not guarantee the accuracy, completeness, or reliability of the Artwork or any content on the website.

9. Limitation of Liability

• To the fullest extent permitted by law, the Gallery shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

10. Indemnification

• Users agree to indemnify and hold the Gallery, its affiliates, and their respective officers, directors, and employees harmless from any claims, liabilities, damages, losses, or expenses arising out of their use of the Gallery or violation of these Terms.

11. Termination

• The Gallery reserves the right to terminate or suspend a user’s account and access to the services at its sole discretion, including if the user breaches these Terms.

12. Governing Law

• These Terms and Conditions are governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles.

13. Changes to Terms

• The Gallery may update these Terms from time to time and continued use of the Gallery constitutes acceptance of the new Terms.

14. Contact Information

• For any questions or concerns regarding these Terms and Conditions, please contact us.