TERMS OF SERVICE

Effective Date: January 1, 2024

Welcome to Surpase Gallery. These Terms of Service ("Terms") govern your use of our website, services, and physical gallery space. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

1. Acceptance of Terms

By accessing and using the Surpase Gallery website and services, you accept and agree to be bound by the terms and provision of this agreement. These Terms apply to all visitors, users, and others who access or use our services.

We reserve the right to update and change these Terms of Service at any time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes.

2. Use of Website and Services

2.1 Permitted Use

You may use our website and services for lawful purposes only. You agree to use the website in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website.

2.2 Prohibited Use

You are specifically prohibited from:

  • Using the website in any way that causes damage to the website or interferes with any other party's use of the website
  • Using the website to engage in any advertising or marketing without our express written consent
  • Attempting to gain unauthorized access to any portion of the website
  • Using any automated system to access the website in a manner that sends more requests than a human could reasonably produce
  • Copying, reproducing, or distributing any content from the website without proper authorization

3. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Surpase Gallery or its content suppliers and is protected by international copyright laws.

The compilation of all content on this site is the exclusive property of Surpase Gallery and is protected by international copyright laws. All trademarks, service marks, and trade names are proprietary to Surpase Gallery or its affiliates.

Images of artworks displayed on our website are either owned by Surpase Gallery, used with permission from the artists, or are in the public domain. Unauthorized use of these images may violate copyright laws, trademark laws, privacy laws, and communications regulations and statutes.

4. Art Sales and Transactions

4.1 Artwork Availability

All artworks are subject to availability. We reserve the right to limit the quantity of any artwork offered and to discontinue any artwork at any time. Prices for artworks are subject to change without notice.

4.2 Purchase Terms

When you purchase an artwork from Surpase Gallery, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

4.3 Returns and Refunds

Due to the unique nature of artworks, all sales are final unless the artwork is damaged during shipping or significantly not as described. Any claims for damaged or misdescribed artworks must be made within 7 days of receipt.

5. Gallery Visits

When visiting our physical gallery location, you agree to:

  • Follow all posted rules and regulations
  • Treat artworks, staff, and other visitors with respect
  • Not touch artworks unless explicitly permitted
  • Not photograph artworks without permission
  • Supervise children at all times
  • Not bring food, drinks, or large bags into exhibition spaces

We reserve the right to refuse entry or remove any visitor who violates these rules or engages in disruptive behavior.

6. Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

We are committed to protecting your personal information and your right to privacy. Information we collect and how we use it is detailed in our Privacy Policy.

7. Newsletter and Communications

By subscribing to our newsletter or providing your contact information, you consent to receive promotional and informational communications from Surpase Gallery. You may opt-out of these communications at any time by following the unsubscribe link in our emails or contacting us directly.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Surpase Gallery shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

In no event shall our aggregate liability exceed the greater of one hundred dollars ($100) or the amount you paid Surpase Gallery, if any, in the past six months for the services giving rise to the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Surpase Gallery, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Service or your use of the website.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York State, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York County, New York, and you hereby consent to the personal jurisdiction and venue therein.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Surpase Gallery

456 Art District Boulevard

New York, NY 10013

Email: legal@surpasegallery.com

Phone: (212) 555-0189

Acknowledgment

By using our website and services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree to these Terms of Service, please do not use our website or services.

Last Updated: January 1, 2024