Terms and Conditions
TERMS OF USE
Welcome to the Serrano Gallery ("Serrano Gallery") Web site located at (“Site”). The following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, 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 Site and must exit immediately.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Serrano Gallery is not responsible for any errors or omissions in the Site or Site Materials, and Serrano Gallery is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights. As between you and Serrano Gallery, Serrano Gallery owns or licenses 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 Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Serrano Gallery’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Serrano 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 Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Serrano Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
4. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to Serrano Gallery, you grant Serrano Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
5. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Serrano Gallery may use the services of third parties, including PayPal. You can read PayPal's Privacy Policy).
6. Third Party Web Sites and Content. As set forth in Section 4 and Section 5, parties other than Serrano Gallery may provide products, services or content on the Site, including the transactional services of Paypal. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Serrano Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Serrano Gallery does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
7. Privacy Policy. Any personal information that you provide to Serrano Gallery on the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
8. Disclaimer. Serrano Gallery, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. Serrano Gallery reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Serrano Gallery cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. THE SITE, THE SITE MATERIALS, USER MATERIALS AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SERRANO GALLERY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, 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.
9. Liability. SERRANO 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 SITE, THE SITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR SERRANO 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 SERRANO 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 SITE, THE SITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. 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 SERRANO GALLERY AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Serrano Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification. You shall indemnify Serrano Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Serrano Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Serrano Gallery), or any breach by you of these Terms and shall indemnify and hold Serrano 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.
11. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please contact us at Serrano Gallery and include 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.”
12. Changes to these Terms. Serrano Gallery reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Serrano Gallery reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Serrano Gallery with untrue or inaccurate information about yourself, for infringement upon Serrano Gallery proprietary rights, or for any other reason whatsoever or for no reason.
13. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Serrano 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 State of Texas, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (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.
14. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, Serrano Gallery makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Serrano 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. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: June 17, 2018
Privacy FAQ
What information does Serrano Gallery collect about me?
We may obtain, collect and update information about you via direct contact with you, from third parties who refer you to us or automatically via your engagement with Serrano Gallery, including your use of our social media channels. We may collect some (or all) of the following: your name, phone number, email address, IP address, information about you (for example, age, gender, socio-economic status), data provided by cookies and other similar technologies, functional data such as registration and system data, as well as additional usage data – for instance, your purchasing history, communication permissions, artist preferences and creative interests or information about your attendance at one of our events.
Upon request, we can provide you with access to all information, including proprietary information, that we maintain about you (but not other users unless required to do so by law) including unique identifier information (for example, your customer number or password) and contact information (for example, your name, address and phone number). You can request this information by emailing us at serranoartgallery (at) gmail (dot) com. We will correct inaccuracies on provision of the correct details or, where relevant, you can do this by changing your registered details online.
Why does Serrano Gallery need my information?
We collect and use your data to help us provide you with the best customer experience of our Gallery. This may include using data to improve (and, where possible, personalize) your experiences. We use your data to communicate with you, for example, informing you about new shows, events and gallery updates. We also use data to meet contracts related to the goods you have purchased, including invoices and to collect payments. This information is not shared with other organizations for commercial purposes.
Contacting you via email alerts, notices and newsletters
Serrano Gallery only sends marketing information to those persons the Gallery believes it has a legitimate business interest to contact. This means that, from time to time, we may send you email newsletters or other notifications in relation to the Gallery. If you wish to stop receiving some, or all, of our marketing communications, follow the instructions included in our emails or contact iserrranoartgallery (at) gmail (dot) com.
If you supply us with your postal address or telephone number you may receive periodic mailings or calls from us with information on new products and services or upcoming events. If you do not wish to receive such updates, please let us know by emailing us at serrranoartgallery (at) gmail (dot) com.
Can I opt-out of sharing my information with Serrano Gallery?
Yes, you do not have to share your information with us that you do not want us to process and you may opt-out to receive communications from us at any time by contacting us via email at serrranoartgallery (at) gmail (dot) com. You can also always opt back in at any time.
How do I delete my personal data from Serrano Gallery and what are the consequences?
You can email serrranoartgallery (at) gmail (dot) com to request that your data be deleted. However, please note, by deleting your personal data, you may negatively impact your experience of the Gallery. We will not delete data which is needed to fulfill a contract until that contract is completed or unless we agree to terminate the contract. We will inform you if deleting your data will impact our ability to perform a contract in the event that it will impact your decision.
How long does Serrano Gallery keep my information?
We will store your personal information for as long as necessary. We are required by law to keep information about financial transactions for the current financial year plus an additional six years. We may store your information on our databases for reference and to record any preferences you have notified to us, for example in relation to your opt-in status to receive marketing communications. The information may be retained and used by Serrano Gallery to answer queries or resolve problems, provide improved and new services, to respect your rights under the law and for any data retention requirements of the law. This means we may retain information after you cease interacting with Serrano Gallery. Every effort is made to store your information securely to prevent unauthorized use.
How is information stored?
We are committed to protecting the security of your personal data. We store data in a number of places depending on our requirements to access and use it. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. For example, we store the personal data you provide on cloud-based or computer systems that have limited access and are in controlled facilities. Where possible, we avoid storing paper records.
Interception of email
Serrano Gallery may reject, delay or remove content from emails which have a nature, content or attachments which may disrupt our systems or because they may pose security issues such as viruses. We may also filter out emails which contain content which is considered offensive, unwanted or spam. In certain circumstances this may unfortunately result in "innocent" emails being affected. We do our best to reduce such occurrences.
Who do we share your information with?
We work with third parties in the provision of some of our services and it may be necessary for us to share your information with them in order to provide those services. Upon request, and when relevant, we will provide details of which third parties we work with. We will also discuss and agree on any specific security questions or requirements you may have during the provision of our services. For example, for marketing purposes we store your data with Constant Contact, which means your data is stored in the cloud. If we sell an artwork to you, we share the invoice with the artist for their records. Exemptions to the above are where we are asked to provide information as a result of a court order or to recover monies due.
Is Serrano Gallery using cookies to gather information?
We use cookies when you visit our website. By visiting our website, you agree to the use of cookies and similar technologies for the purposes described in our Privacy Policy. This helps us to provide you with the best experience and allows certain parts of our website to function properly. If this concerns you, you can adjust your browser or device settings in order not to accept cookies and similar technologies.
How can I contact Serrano Gallery if I have questions regarding this Privacy Policy statement?
If you have any questions about the use of your personal information, please contact us.