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TERMS OF USE

Effective date: November 4, 2021

Welcome to galeriejumelles.com. Please read these Terms of Use carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications. By visiting any of our Sites and Apps, you agree to these Terms and our Privacy Policy. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms, as well as our Terms of Sale and our Privacy Policy. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time at our sole discretion.

Galeriejumelles.com (the “Site”) is owned and operated by Vie Partners International, LLC, DBA Galerie Jumelles. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

Site Publication and site manager and Owner :

VIE Partners International, LLC

DBA Galerie Jumelles

Email: Support@galeriejumelles.com

Use of the Site

The Site provides an online marketplace for appropriately qualified sellers (“Seller”) to offer to sell goods (“Goods”) to prospective purchasers (“Buyers”). Any sale of a Good directly between a Buyer and a Seller is governed by these Terms.

Jumelles provides you with access to and use of the Site subject to your compliance with the Terms and the Site’s Privacy Policy, available at:

https://galeriejumelles.com/privacy-policy/

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

The Role of Galerie Jumelles

The role of Jumelles is expressly limited to making the Site available and maintaining the Site for sellers, buyers, and users. While Jumelles actively supports our artists, Jumelles is an intermediary and not an agent or fiduciary for any seller, buyer or user for any purpose. Jumelles is not responsible for the actual sale of any artwork and does not control the information provided by sellers, buyers, or users, nor their acts or omissions. Jumelles is independent from the seller, buyer and user, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by Jumelles.

Jumelles may, but is not obligated to, provide intermediary services between the buyer and seller in connection with customer service or dispute resolution matters. In the event Jumelles elects in its sole discretion to provide intermediary services, then the decision of Jumelles is final and binding on all parties and cannot be appealed, challenged or reversed.

Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you become aware that material appears on this site in violation of a copyright please notify us by email at support@Jumelles.com.

Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of Jumelles. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Jumelles specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Attempting to interfere in any way with the Site’s or Jumelles’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps;
  • Violate any applicable laws or regulations;
    Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
  • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of: “hacking” or defacing any portion our Sites and Apps; using mechanisms, software or other scripts capable of disrupting the function of the Sites and Apps; imposing any unreasonable or excessive burden on the Sites and Apps infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of the Sites and Apps.
  • Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is not your own, or is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.
  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
  • Abusing special discounts, awards, incentives or contests offered by Jumelles.

Security Rules

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging into a server or account which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Privacy Policy; User Information

In the course of your use of the Site, you may be asked to provide certain information to us. Our use of any information you provide via the Site shall be governed by our Privacy Policy available at: https://galeriejumelles.com/privacy-policy/. By accepting this agreement, you acknowledge and agree that you are solely responsible for the accuracy and content of such information.

International Use

While our representatives are often working remotely around the world, we control and operate the Site from offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Proprietary Rights

As between you and Jumelles (or other company whose marks appear on the Site), Jumelles (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Jumelles. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Jumelles, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

Links from and to galleriejumelles.com (third-Party Sites, Software and Services)

You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at:  support@galeriejumelles.com.  We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

In addition, we manage pages in various social networks (Instagram, Facebook, etc.) and video platforms (youtube.com). The links to social media platforms are integrated in such a way that no data is transferred directly to the social media operator. The integration on our web pages is done by direct links. A data transfer does not take place until you click on the link.

The general use of social media or any third party application is your own responsibility. We urge you to find and read the privacy protection information on each individual application.

Indemnity

You agree to defend, indemnify and hold Jumelles, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Disclaimer of Warranties

You understand and agree that:

The site, including, without limitation, all content, function, materials and services is provided on an “as is,” and “as available” basis, without representations or warranties of any kind, either express or implied, including, without limitation: (i) any warranty for information, data, data processing services or uninterrupted access; (ii) any warranties concerning the availability, accuracy, completeness, usefulness, or content of information; (iii) any warranties of title, non-infringement, merchantability or fitness for a particular purpose; or (iv) any representation or warranty regarding the character, reputation or business practices of the seller. J does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Jumelles makes no warranty that the site will meet users’ expectations or requirements. no advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. if you are dissatisfied with the site, your sole remedy is to discontinue using the site.

While Jumelles acts in an intermediary role, Jumelles does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of sellers on or through the site. Jumelles is not a party to any transaction between buyers and sellers (unless specifically requested and notified to the parties in writing).

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

Jumelles does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. Jumelles is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of company.

Release

You expressly agree to release jJmelles, its affiliates, or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, and representatives (the “released parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the released parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. you further waive any applicable rights under section 1542 of the california civil code, and any similar law of any applicable jurisdiction, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Limitation of liability

In no event shall Jumelles, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, galleries, artists, institutions, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Jumelles to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00. Without limiting the foregoing, in no event shall Jumelles or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf Jumelles.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Dispute resolution

We are available by email or through our contact form to respond to any concerns you may have regarding our products or services. Most problems can be quickly resolved this way. The parties will do their best to resolve any dispute, claim, question or disagreement directly through good faith consultation and negotiation, which will be a prerequisite for either party’s engagement in legal action or mediation.

Applicable Law/Jurisdiction

You agree that the laws of the state of New Jersey shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Jumelles relating in any way to your use of the Site resides in the state of New Jersey. In addition, you expressly waive any right to a jury trial in any legal proceeding against Jumelles its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Consent to Processing

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to us at the address below.

Purchasing and interruption

Jumelles and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. Jumelles has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Jumelles will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Jumelles or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Changes and updates

We may revise or modify these Terms from time to time, as well as our Terms of Sale or Privacy Policy. We will notify you of changes to these Terms by posting the amended terms on the website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the galeriejumelles.com website. Otherwise, the new terms will take effect after thirty (30) days. Continued use after changes take effect constitutes acceptance of the changes.

General Information

The Terms constitute the entire agreement between you and Jumelles and govern your use of the Site, superseding any prior agreements between you and Jumelles. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between Jumelles and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Jumelles or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of Jumelles’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

© Copyright 2021 by Galerie Jumelles.  All rights reserved.