Welcome to the KvE Gallery (“KvE Gallery”) website located at kve.gallery (the “Site”). The
following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the
content, material, or services available on or through this Site, you indicate that you have read
and understand these Terms, that you agree to them, and intend to be legally bound by them. If
you do not agree to these Terms, you are not granted permission to use this Site and must exit
immediately.
1. Informational Purposes Only
The information on this Site is for informational purposes only. Without limiting anything
else in these Terms or otherwise, KvE Gallery is not responsible for any errors or
omissions in the Site or Site Materials.
2. Proprietary Rights
As between you and KvE Gallery, KvE Gallery owns or licenses all data, content,
graphics, forms, artwork, images, photographs, functional components, audio clips,
video clips, software and software concepts and documentation and other material on, in
or made available through the Site (“Site Material”), as well as the selection,
coordination, arrangement, and organization and enhancement of the Site Material. You
agree not to remove or alter any copyright notice or any other proprietary notice on any
Site Materials. Under no circumstances will you have any rights of any kind in or to the
Site, other than the right to use the Site in accordance with these Terms and the limited
fair use described herein.
3. Ownership of Intellectual Property
All content, including but not limited to artwork, images, graphics, text, and software,
published on the KvE Gallery website (the “Contents”) is protected by applicable
intellectual property laws and is owned or licensed by KvE Gallery. KvE Gallery grants
you a limited right to access and use the website. You may not modify, create derivative
works, display, distribute, perform publicly, or exploit, in whole or in part, any of the
Contents or software contained on or comprising the website without seeking prior
written permission from KvE Gallery. You are also prohibited from using any automated
device or manual process to copy, monitor, index, or data mine the website. KvE Gallery,
its respective logos, trade dress, and the overall design and layout of the website are the
registered and/or unregistered service marks, trademarks, and/or trade dress of KvE
Gallery and may not be copied, imitated, or used, in whole or in part, without KvE
Gallery’s prior written permission. All other copyrighted images, trademarks, product
names, and company names or logos mentioned on the website are the property of their
respective owners.
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APhotos of damaged areas must be clearly visible and submitted in .jpeg or .png format
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Photos of damage must be received by kve.gallery no later than seventy-two (72) hours after the indicated delivery date provided by the shipping provider.
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Photos of the damage must be taken immediately upon receipt of the product(s), and the product(s) must not have been installed or used before taking these photos.
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A Damage Review may take a minimum of thirty (30) business days to complete, and kve.gallery may choose to repair or replace the damaged product(s) at its discretion.
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The delivery of a replacement product, if applicable, will depend on current manufacturing capacity, inventory availability, shipping timing, and you may be responsible for return shipping costs if kve.gallery opts to repair or replace the product(s).
4. Unauthorized Activities
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that
violate any laws (including import, export, and copyright laws); (b) modifying, adapting,
or hacking into the Site or for modifying another website so as to falsely imply that it is
associated with KvE Gallery; (c) uploading, posting, hosting, or transmitting unsolicited
email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature;
(d) contacting any other visitor of the Site who has requested not to be contacted; or (e)
attempting to gain unauthorized access to KvE Gallery’s computer system or engaging in
any activity that interferes with the performance of, or impairs the functionality of the Site
or any services provided through the Site.
5. Materials Submitted to the Site
The Site may allow you to contribute content, information, text, files, graphics, personal
listings, messages, postings, and other materials and information for access, use, and
commentary by other visitors to the Site (“User Content”). Upon your submission of User
Content or other material or information to KvE Gallery, you grant KvE Gallery a
worldwide, perpetual, non-terminable, irrevocable, transferable license to access, use,
distribute, perform, reproduce, display, modify, create derivative works based upon, and
sublicense, and to permit others to access, use, distribute, perform, reproduce, display,
modify, and create derivative works based upon the User Content, all without any
compensation to you whatsoever.
6. Payments to the Site
By purchasing products on the Site, you represent that you are eighteen (18) years of
age or older. You are responsible for all charges incurred under your account. In order to
make a purchase, KvE Gallery may use the services of third parties.
7. Third Party Websites and Content
Parties other than KvE Gallery may provide products, services, or content on the Site.
Additionally, the Site contains links to other websites for the convenience of visitors in
locating information, products, or services that may be of interest. KvE Gallery does not
recommend and expressly disclaims any responsibility for the content, the accuracy of
the information, or quality of products or services provided by or advertised on third-party
sites or the transactions you conduct or enter into with third parties.
8. Privacy Policy
Any personal information that you provide to KvE Gallery on the Site is subject to our
Privacy Policy. For more information, click here to view the Privacy Policy, which is
incorporated into these Terms by reference, as if set forth fully herein
9. Disclaimer
KvE Gallery and its affiliates are not responsible for and do not guarantee the accuracy
or completeness of any User Material, Site Material, links, advertisements, or other items
contained within the Site. KvE Gallery reserves the right to immediately remove any User
Material or Site Material for any reason or for no reason. The Site, the Site materials,
User Materials, and materials on, in, and made available through the Site, and the
services, products, information, and other materials on and in and made available
through the Site is made available “as is” and “with all faults.” Use of the Site is entirely
at your own risk.
10. Liability
Any personal information that you provide to KvE Gallery on the Site is subject to our
Privacy Policy. For more information, click here to view the Privacy Policy, which is
incorporated into these Terms by reference, as if set forth fully herein
11. Indemnification
You shall indemnify KvE Gallery and its members, managers, directors, officers,
employees, agents, contractors, and licensors (“KvE Gallery Indemnitees”) against all
claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in
connection with the Site and your use of the Site or services obtained through the Site,
your fraud, violation of law, negligence, willful misconduct, or any other use of the Site,
the Site Materials, User Materials, the services, products, information, and other
materials on, in, and made available through the Site (except to the extent attributable to
KvE Gallery), or any breach by you of these Terms and shall indemnify and hold KvE
Gallery Indemnitees harmless from and against all judgments, losses, liabilities,
damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’
disbursements) arising out of or incurred in connection with such Claims.
12. Complaint Procedures
If you believe that any content or postings on this Site violate your intellectual property or
other rights, please send a detailed message to KvE Gallery at [Contact Email] setting
forth the following information: (a) your name and the name of your company, if any; (b)
your contact information, including your email address; (c) the nature and substance of
your complaint, the specific rights at issue, and your basis for making the complaint,
ncluding the content or posting that is objectionable; and (d) the following statement:
“The statements, representations, and assertions made in this message are true,
complete, and accurate and I have the full legal authority to make each and every such
statement, representation, and assertion and to make and be granted any demand made
in this message.”
13. Changes to these Terms
KvE Gallery reserves the right at any time to modify, alter, or update these Terms. Notice
of any new or revised Terms, as well as the location of the new or revised statement, will
be posted on the Site for at least twenty (20) days after the change. Your use of the Site
following any changes means that you agree to follow and be bound by the terms as
changed.
14. Governing Law and Jurisdiction
These Terms represent the entire agreement between you and KvE Gallery with respect
to the subject matter hereof and will be governed by and construed in accordance with
the laws of the State of [Your State], without reference to its conflict of law rules. By
accessing, viewing, or using the services, works, content, or materials on the Site, you
consent and agree to (a) the exclusive jurisdiction of the federal and state courts located
in the State of [Your State]; (b) accept service of process by personal delivery or mail;
and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue
defenses otherwise available.
15. Submissions to the Gallery
KvE Gallery does not accept unsolicited submissions from artists. All unsolicited
submissions will be discarded and will not be returned to you.
16. Miscellaneous
The Site is not intended for children under the age of 13. The Site is controlled and
operated from within the United States. Without limiting anything else, KvE Gallery
makes no representation that the Site, Site Materials, User Materials, services, products,
information, or other materials available on, in, or through the Site are appropriate or
available for use in other locations, and access to them from territories where they are
illegal is prohibited.