Last update: July 2020
Welcome to marlinski.art gallery (together with its affiliates, the “Gallery”, “we” or “us”) website (the “Website”). The following terms of use (“Terms”) govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this Website, 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 Website and must exit immediately. We may revise these Terms at any time, and such changes shall be effective immediately upon posting to the Website. We encourage you to check this page often to review any changes to these Terms.
The information on this Website is for informational purposes only. The Gallery is not responsible for any errors or omissions in the Website or Site Materials.
Any personal information that you provide to the Gallery on the Website is subject to our Privacy Policy, available at https://marlinski.art/privacy-policy/, which is incorporated into these Terms by reference, as if set forth fully herein.
Proprietary Rights
As between you and the Gallery, the Gallery owns or licenses all rights, title and interest in and to the Website, and 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 Website (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials.
The names, titles, trademarks, service marks, and logos that appear on the Website, including without limitation “marlinski.art,” are trademarks of the Gallery (the “Trademarks”). You may not use the Trademarks without our prior written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third party trademark owner.
Unauthorized Activities
You agree that any commercial or promotional distribution, publication or exploitation of the Website or any Site Material is strictly prohibited unless you have received the express prior written permission of the Gallery. You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Website or for modifying another website so as to falsely imply that it is associated with the 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 Website who has requested not to be contacted; or (e) attempting to gain unauthorized access to the Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website. We reserve the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.
User Content
In the event that the Website allows you to contribute any content, information, text, files, graphics, personal listings, messages, postings or other materials and information for access, use, and commentary by other visitors to the Website (“User Content”), you grant the Gallery a worldwide, perpetual, non-terminable, royalty-free, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense any such User Content submitted by you to the Gallery.
Disclaimer
The Website, the Site Material, User Content and materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through the Website, are made available “as is” and “with all faults.” The Gallery, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Site Material, links, advertisements or any other items or information contained within the Website. The Gallery reserves the right to immediately remove any User Content or Site Material for any reason or for no reason. The Gallery cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion. Use of the Website is entirely at your own risk. The Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Site Material, User Content, the services, products, information and other materials on and in and made available through the Website, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability
The Gallery and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Website, the Site Material, User Content, or the services, products, information and other materials on and in and made available through the Website, regardless of legal theory, whether or not you or the Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of the Gallery and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Website, the Site Material or User Content on, in, and made available through the Website, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the Gallery and its affiliates, subsidiaries or its licensors shall not exceed one cent ($0.01). If you are dissatisfied with the Website, or with any of these Terms, or feel the Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.
Indemnification
You shall indemnify the Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Site Material, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to the Gallery), or any breach by you of these Terms and shall indemnify and hold the 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.
Complaint Procedures
If you believe that any content or postings on this Website violates your intellectual property or other rights, please send to the Gallery at knockknock@marlinski.art a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including 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.”
Governing Law and Jurisdiction
These Terms (together with the Privacy Policy, and Viewing Room Terms) represent the entire agreement between you and the Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the jurisdiction of Kirill Marlinski’s choice, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the exclusive jurisdiction of Kirill Marlinski’s choice; (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.
Miscellaneous
The Website is not intended for children under the age of 18. Without limiting anything else, the Gallery makes no representation that the Website, Site Materials, User Content, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of the Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof.
