TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) apply to the use of, membership and the provision of online space from Sixteen Gallery Ltd T/A Sixteen Online (“Sixteen Online”) for the duration of the agreed membership (“Membership Period”) and for the purpose of displaying and advertising creative work (“Membership Pages”) and use of the Sixteen Online Website (“the Online Website”) (such Website use is subject to the prior approval of Sixteen Online which shall not to be unreasonably withheld or delayed). Together the Membership pages and Website constitute the Site (“the Site”).
1. Membership and Prices
1.1 Membership of Sixteen Online through the Sixteen Online website can be for a period of three or twelve months and is renewed automatically unless notification of cancellation is received not later than 7 days prior to the renew date.
1.2 Membership is requested and registered through the online site only and access/display of the members pages is subject to fully paid-up membership.
1.3 Prices are subject to change on the renew date only. More information about the pricing options can be found by going to sixteenonline.com/membership.
2. Payment Terms
2.1 Upon receipt of the fee membership, for the selected period, access is granted to the artist profile. No membership is confirmed until the fee for the selected period has cleared into the bank account of Sixteen Online. Once payment has been received and membership granted no refund will be issued on any cancellation request. (See 10.1)
3. Disclaimer – Changes to these Terms
3.1 We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are always fully aware of them. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms.
3.2 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of or membership of the site.
3.3 No part of the Site is intended to constitute advice and no text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site should be relied upon when making any decisions or taking any action of any kind.
3.4 The Site is provided “as is” and on an “as available” basis. We give no warranty that the Site will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
3.5 We accept no liability for any disruption or non-availability of the online site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
4. Information Provided
4.1 All information on the Site or information is provided on an “as is” basis. Save to the extent required by law, no representations, warranties, or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
4.2 The information provided on the Site:
4.2.1 does not constitute any form of advice (investment or otherwise); and
4.2.2 does not constitute any inducement, invitation or recommendation relating to any of the artworks, products listed or referred to; and
4.2.3 is not intended to be relied upon by you in making (or refraining to make) any specific investment in the works or other decisions.
5.1 Sixteen Online gives no warranty or guarantee relating to the availability of the Site or that the Site and/or our operation of it, the content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the site and content will be uninterrupted.
5.2 You agree that Sixteen Online, it’s employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
5.2.1 interruption of business; or
5.2.2 access or other delays, terminations, suspensions, denials, or access interruptions to the use of the Site or
5.2.3 data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or
5.2.4 third party website links on the Site; or
5.2.5 reliance on the information contained on the Site: or
5.2.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Site: or
5.2.7 any inaccuracies, omissions or misleading, false, or deceptive statement in the content; or
5.2.8 events beyond our reasonable control.
6. Ownership of Copyright
6.1 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall always remain the property of the Artist.
7. Data Protection
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Sixteen Online accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of and membership of Sixteen Online and Sixteen Online website or any information contained therein. You should be aware that you use the Website, including its Content at your own risk.
8.2 Except in respect of death or personal injury caused by Sixteen Online’s negligence, Sixteen Online shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Sixteen Online, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the use of the Gallery, sale of the Artwork or its use by you and the entire liability of Sixteen Online under or in connection with the use of the site or sale of the Artwork by you shall not exceed the total sum paid for membership of Sixteen Online.
9. Rights of Third Parties
9.1 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 6 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
10. Cancellation Rights
10.1 Should you wish to cancel your membership no refund of any monies paid will be refunded. If you wish to cancel your membership prior to the end of your membership period, you should do so within 5 working days prior to the end of your membership. Where a membership is cancelled after this date no refunds will be made.
11. Artwork Content
11.1 Save as expressly agreed with Sixteen Online via prior written approval, no artwork or content available for viewing on the site may contain inflammatory, offensive, obscene, or sexually explicit content of any kind or infringe on any rights of a third party, known or otherwise.
11.2 Sixteen Online reserves the right to refuse and/or immediately remove any artwork or content they reasonably consider as inflammatory, offensive or in breach of 13.1, and in such event no refund will be issued.
12.1 No failure or delay by Sixteen Online in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
13.1 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
14. Government Law and Jurisdiction
14.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
14.2 Nothing contained in these Terms and Conditions affects your statutory rights.