1. GENERAL TERMS AND CONDITIONS
1.1. This User Agreement (hereinafter – the “Agreement”) relates to the website of the online gallery selling artworks at https://solodina.gallery and other relevant websites connected to https://solodina.gallery.
1.2. The Website of the online gallery https://solodina.gallery (hereinafter – the “Website”) belongs to Individual Entrepreneur Solodin Mikhail Dmitrievich.
1.3. This Agreement regulates the relations between Administrators of the Website of the online gallery https://solodina.gallery (hereinafter – the “Administrators of the website”) and Users of this Website.
1.4. The Administrators of the website reserve the right to change, add or remove paragraphs from this Agreement without notifying Users.
1.5. By continuing to access the Website, Users accept the Agreement and all changes made to it.
1.6. Users are responsible for checking this Agreement to see if any changes have been made.
2. DEFINITIONS OF THE TERMS
2.1. This Agreement uses the following terms:
2.1.1 «Solodina gallery» – Online gallery selling contemporary artworks, located on domain name https://solodina.gallery, which operates through its website and related services.
2.1.2. «Online gallery», «Website» – the website containing information about artworks and the Seller, that allows Users to choose a product, place and order and/or purchase an Artwork.
2.1.3. Administrators of the website of Online gallery –the staff authorized to manage the Website acting on behalf of Individual Entrepreneur Solodin Mikhail Dmitrievich.
2.1.4.User of the website of the Online gallery (hereinafter – “User”) – an individual that has access to the Website via the Internet and uses the Website.
2.1.5. Content of the Website of Online gallery (hereinafter – the “Content”) – Protected intellectual property including works of literature and their titles, forewords, annotations, articles, illustrations, covers, music with or without lyrics, graphic, text, photographic, derivative, collective and other works, user interfaces, visual interfaces, trademark names, logotypes, computer programs, databases as well as the design, structure, choice, coordination, appearance, overall style and layout of the Content of the Website and other intellectual property altogether and/or separately contained in the Website of the Online gallery of contemporary art.
3. THE SUBJECT MATTER OF THE AGREEMENT
3.1. The subject matter of this agreement is providing Users of the Online gallery with access to the artworks published on the Website and services provided.
3.1.1.The Online gallery provides Users with the following services:
Access to digital content, free of charge with an option to purchase and view content;
Access to search tools and navigation of the Online gallery;
Possibility to post messages, comments and reviews and rate the Content of the Online gallery;
Access to information about Artworks and the option to purchase an Artwork for a fee;
Possibility to contact artists, curators and Administrators of the Website free of charge;
Access to information about artists, events and news of the Online gallery;
Access to information about paid services of the Online gallery;
Services to help the User select an Artwork that will suit their individual space free of charge;
Other services implemented by the Online gallery.
3.1.2. All services of the Online gallery provided at the moment, as well as any modified and new services that shall be added to the Online gallery are subject to this Agreement.
3.2. Access to the Online gallery is provided free of charge.
3.3. This Agreement is a public offer. By accessing the Website, the User accepts this Agreement.
3.4. Usage of material and services of the Online gallery is regulated by the legislation of Russian Federation.
4. RIGHTS AND OBLIGATIONS OF PARTIES
4.1. Administrators of the Website have the following rights:
4.1.2. To limit access to the Website, in case the User violates the terms of this Agreement.
4.2. Users have the following rights:
4.2.1. To use all the services provided by the Website and purchase Artworks exhibited on the Website.
4.2.2. To ask any questions about services of the Online gallery, using details contained on the contact page of this Website.
4.2.3. To use the Website according to the aims and terms provided in the Agreement and not prohibited by legislation of Russian Federation.
4.3. The User of the Website commits:
4.3.1. To provide additional information which is relevant to the services provided by the Website on request of Administrators of the Website.
4.3.2. To respect property and non-property rights of the artists and other right holders while using the Website.
4.3.3. Not to take any action that might disrupt the work of the Website.
4.3.4. Not to distribute any confidential information of natural or legal persons or data protected by Russian law while using the Website.
4.3.5. To avoid any actions that might compromise confidentiality of information protected by legislation of Russian Federation.
4.3.6. Not to use the Website for advertising without the agreement of Administrators.
4.3.7. Not to use the services of the Online gallery for the following purposes:
Uploading content that is illegal or violates rights of any third parties; promotes violence, cruelty, hate and/or discrimination based on race, nation, sex, religion or social grounds; contains inaccurate information and/or insults to specific individuals, organisations or authorities.
Inciting unlawful acts and supporting those whose actions are aimed at violation of restrictions and prohibitions in accordance with the legislation of Russian Federation.
Violating rights of minors and/or harming them in any way.
Denying the rights of minorities.
Presenting themselves as another person/organization/community including Administrators of the Website without sufficient rights.
Providing any misleading information about features and characteristics of any Artwork from the catalog of the Online gallery published on the Website.
Making an untrue comparison of an Artwork and expressing negative attitude towards individuals that (do or don’t) use specific Artworks or judging such individuals.
4.4. The User is prohibited from:
4.4.1. Using any devices, programs, procedures, algorithms and methods, automatic tools of similar manual processes in order to get access, obtain, copy or track any materials of the Website.
4.4.2. Disrupting the proper functioning of the Website.
4.4.3. Bypassing the navigation structure of the Website to obtain or attempt to obtain any data, documents or material by any means other than services of the Website;
4.4.4. Disrupting work of security systems or authentication on the Website or in any network related to the Website.
4.4.5. Performing a reverse lookup, tracking or attempting to track any information about other Users of the Website.
4.4.6. Using the Website and its Content for any purpose violating the legislation of Russian Federation, as well as inciting any illegitimate actions or actions violating rights of the Online gallery or third parties.
5. USE OF THE ONLINE GALLERY WEBSITE FOR SELLING ARTWORKS
5.1. The Website and its Content belongs to Administrators and is managed by them.
5.2. The Content of the Website can’t be copied, published, reproduced, transmitted or distributed in any way or published on the Internet without written permission from Administrators of the Website.
5.3. The contents of this website are protected by copyright, trademark law and other rights related to intellectual property as well as law on unfair competition.
5.4. This Agreement applies to all additional terms and conditions of purchasing an Artwork and providing services through the Website.
5.5. Information published on the Website should in no way be interpreted as changing this Agreement.
5.6. Administrators of the Website have the right to change the list of Artworks and services provided by the Online gallery, as well as prices of Artworks and/or services at any time, without informing Users first.
5.7. Documents listed in paragraphs 5.7.1 - 5.7.2 of this Agreement regulate the relevant issues and also apply to the usage of the Website. This Agreement includes the following documents:
5.7.1. Personal Data Processing Policy;
5.7.2. Public Offer.
5.8. Any of the documents listed in paragraph 5.7. of this Agreement can be updated. Changes will be effective from the moment of publication on the Website.
6.1. Any losses caused by the User’s deliberate or accidental violation of any paragraph of this Agreement, or unauthorized access to communications of another User are not reimbursed by Administrators of the Website.
6.2. Administrators of the Website are not responsible for:
6.2.1. Delays or errors that appeared during the execution of an operation as a result of force majeure or any malfunction of telecommunication, computer, electric or other related systems.
6.2.2. Actions of money transfer systems, banks and payment systems, as well as delays in their work.
6.2.3. The proper functioning of the Website in case the User doesn’t have the necessary technical devices and Administrators are not obliged to provide the User with such devices.
7. USER AGREEMENT VIOLATION
7.1. The Administrators of the Website have the right to disclose any data about a User of this Website, in case this data is required for an investigation or a complaint about misuse of the Website or to identify a User that might have violated rights of Administrators of other Users of the Website.
7.2. The Administrators of the Website have the right to disclose any data about a User of this Website, in case they consider it necessary to ensure compliance with measures related to the legislation in force, judicial decisions or terms of this Agreement, to protect the rights and guarantee the safety of Individual Entrepreneur Solodin Mikhail Dmitrievich or other Users of the Website.
7.3. The Administrators of the Website have the right to disclose any data about a User of this Website in case legislation of Russian Federation demands or permits such a disclosure.
7.4. The Administrators of the Website have the right to limit or block the User’s access to the Website without informing the User first, in case the User has violated the terms of this Agreement or other regulating documents or in case of the Website’s termination or of a technical error or malfunction.
7.5. The Administrators of the Website are not responsible for denying access to the Website, in case the User has violated the terms of this Agreement or other regulating documents of the Website.
8. DISPUTE RESOLUTION
8.1. In case of any disagreement or argument between the parties of this Agreement, a claim (a written proposal of voluntary dispute resolution) must be submitted before going to a court.
8.2. The claim recipient must inform the claimant about the outcome of the claim within 30 days after receiving it.
8.3. In case the dispute cannot be resolved voluntarily, any of the parties has the right to appeal to court for protection of their rights guaranteed by the legislation of Russian Federation.
In case of breach of these terms, the time limitations for any claim or grounds for one are considered to have expired.
9. ADDITIONAL TERMS
9.1. The Administrators of the Website don't accept Users’ suggestions for changes of this Agreement.
9.2. Users’ reviews published on the Website are not confidential and can be used by the Administrators of the Website freely.