TERMS AND CONDITIONS

 

Thank you for visiting lilacgallerynyc.com website (“Site”) operated by Lilac Gallery Ltd. (“Lilac Gallery” “we,” “our” or “us”). Please read these Terms of Use, which include our Privacy Policy (collectively, “Terms”) carefully because by visiting our Site, you agree to be legally bound by and comply with our Terms. If you do not agree, please do not use the Site. We reserve the right to revise these Terms from time to time, and if you continue to use the Site after we post revisions, you agree to the revised terms.

  1. Copyright and Permissions.
    All content of this website is copyrighted either by Lilac Gallery or by the Artist who have granted permission for their materials to be included on this site. The content of this site is available solely for personal, education, noncommercial use only, or for fair use as defined in the United States copyright laws. All other use without explicit permission is strictly prohibited. Users must abide by all copyright notices and restrictions and include all copyright, trademark, credit, author and source of the content as they would material from any printed work, and the citations should include the URL www.lilacgallerynyc.com. The Lilac Gallery expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Protected Content, except for the limited purposes described above.

  2. Trademarks.
    Lilac Gallery name, trademarks, service marks, logos, and other indicia of source are owned by Lilac Gallery Ltd. (“Our Trademarks”). You may not use Our Trademarks: (i) in connection with any product or service that does not belong to us; (ii) in any manner that is likely to cause confusion among the public about the source of any goods or services or confusion about whether we are affiliated with, sponsor, or endorse any goods or services; or (iii) in any manner that disparages or discredits us. Our Site may also display the trademarks of third-party sponsors, supporters, and partners. You may use these third-party trademarks only with the prior permission of the owner of the trademark.

  3. Links, Frames, and Metatags.
    You may link to our Site as long as the link does not cast us in a false or misleading light.  You may not frame the content of our Site or use "metatags" or any other “hidden text” that incorporates Our Trademarks without our written consent.

  4. Links to Other Websites.
    Our Site may contain links to other websites that we think may be of interest to you. We have no control over these sites or their content. Be sure to read the privacy policies and terms of use that govern use of third-party sites.

  5. Disclaimers.
    THE SERVICES AND CONTENT AVAILABLE THROUGH OUR SITE ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY WEBSITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK

    TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

    ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

  6. Limitation of Liability.
    YUNDER NO CIRCUMSTANCES WILL LILAC GALLERY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE AGGREGATE LIABILITY OF LILAC GALLERY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS, INCLUDING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE, SERVICES OR CONTENT FOR DAMAGES OF ANY NATURE IS $US100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  7. Indemnification.
    You agree to indemnify and hold Lilac Gallery and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of your use of our Site, services or content or your violation of these Terms. Lilac Gallery reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

  8. Termination.
    We reserve the right to terminate these Terms and Conditions, our Site, and any services or content offered through our Site at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General Information” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

  9. General Information.
    These Terms and Conditions, which includes the Privacy Policy, are the complete agreement between you and Lilac Gallery regarding your use of our Site, supersede all other agreements (oral or written) between you and Lilac Gallery, and are governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree to: (i) bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (ii) submit to the exclusive jurisdiction of those courts; and (iii) waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without Lilac Gallery prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that reflects the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right. The word “including” in these Terms is intended to be illustrative and means “including without being limited to.”

  10. Contact us.
    This Terms and Conditions were last updates on September 27, 2017 and to contact us with any questions or concerns in connection please write to us at  Lilac Gallery Ltd. 144 5th Avenue Suite 3L New York, NY 10011 or email to info@lilacgallerynyc.com.