1. Description of Service
Morpeth Gallery is providing Member with access to buy and sell artwork. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The Site is provided Morpeth Gallery on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Morpeth Gallery makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Morpeth Gallery shall have no liability for any interruptions in the use of the Site. Morpeth Gallery disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
3. Limitation of Liability
MORPETH GALLERY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MORPETH GALLERY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MORPETH GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold Morpeth Gallery, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
5. Modifications and Interruption to Site
Morpeth Gallery reserves the right to modify or discontinue the Site with or without notice to the Member. Morpeth Gallery shall not be liable to Member or any third party should Morpeth Gallery exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Morpeth Gallery does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Morpeth Gallery’s control.
6. Disclaimer Regarding Accuracy of Vendor Information
Specifications about and other information regarding artwork for sale on the Site have been provided by individual sellers and is not verified by Morpeth Gallery. While Morpeth Gallery makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site. Morpeth Gallery makes no warranties or representations whatsoever with regard to any product provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Information for Customers
Purchases of items from the Site are governed by the terms set forth in the Morpeth Gallery Customer ORDERS & FAQ at https://www.morpethgallery.com/orders/ and https://www.morpethgallery.com/faq/ Unless otherwise stated, all prices on the Site are in Australian Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Morpeth Gallery may collect fees owed using other collection mechanisms.
8. Governing Jurisdiction of the Courts of NSW
The site is operated and provided in the State of NSW. As such, we are subject to the laws of the State of NSW, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of NSW.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
By submitting to Morpeth Gallery any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all AUSTRALIAN copyright rights, in and to the Images. You grant to Morpeth Gallery the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that Morpeth Gallery’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Morpeth Gallery harmless from any claims or demands, including attorneys’ fees and costs, incurred by Morpeth Gallery with respect thereto. All images on the Site are either owned or licensed by Morpeth Galleryand may not be reproduced or used in any manner without the express written permission of Morpeth Gallery and, if appropriate, the relevant artist. Copyright © 2006 Podium Enterprices Pty Ltd. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to Autralian and International copyright laws. MORPETH GALLERY, the MORPETH GALLERY logo are trademarks owned by Morpeth Gallery and may not be used without prior written permission of Morpeth Gallery.
11. Notification of Claimed Copyright Infringement
If you believe that any works on the Site infringe your copyright rights, please provide Morpeth Gallery’s copyright agent with information as required by Section 512(c) of the AUSTRALIAN Copyright Act. Morpeth Gallery’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Trevor Richards, Podium Enterprices PTY LTD. 5 green St Morpeth, Morpeth NSW 2321, Australia. E mail: email@example.com.
12. Termination of Accounts
Morpeth Gallery retains the right, at our sole discretion, to terminate any accounts involved with us and related activities. If any hostnames are used as command and control points for us, Morpeth Gallery reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Morpeth Gallery’s discretion.
12. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Morpeth Gallery in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Morpeth Gallery Privacy Statement.