Terms of Use

1. JGomez Fine Art & You

Your use of JGomez Fine Art products, software, services and websites ("Services"), such as allowing, submitting, posting, obtaining, emailing or transmitting information, including text, graphics, pictures, video, links, addresses, data, functionality and other materials ("Content") to the Services, is subject to the terms of a legal agreement between You and JGomez Fine Art as laid in these General Terms (hereafter "Agreement"). Please read the terms in this Agreement carefully before using the Services.

2. Accepting the Terms

By using the website or by agreeing to this Agreement by any user interface made available to You by JGomez Fine Art, You agree to be bound by the terms and conditions in this Agreement and attest that You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You under this Agreement. If You do not agree to all the terms and conditions in this Agreement, You may not use the Services.

3. Registration

3.1 You shall provide JGomez Fine Art with accurate, complete, and updated registration information, including Your valid e-mail address.

3.2 You shall be responsible for keeping the confidentiality of Your password, and agree to notify JGomez Fine Art immediately of any actual or suspected loss, theft, or unauthorized use of Your Content or password. You are solely responsible for any use of or action taken under Your password and accepts full responsibility for all such activity.

3.3 You accept that JGomez Fine Art sends You information concerning Your account.

3.4. You accept that JGomez Fine Art sends You newsletter emails. If You do not want to receive the newsletters You can unsubscribe at any time.

4. Accessing the Services

4.1 You agree and acknowledge that the Services that are subject to the terms and conditions herein are solely for Your own use.

4.2 JGomez Fine Art may modify, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Use of the Services by You following such modification constitutes Your acceptance of the terms and conditions in the Agreement as modified.

4.3 JGomez Fine Art will use reasonable efforts to ensure that Services are available at all times. Where it is under JGomez Fine Art' control, JGomez Fine Art will take reasonable steps to minimize disruption of the availability of the Services caused by maintenance, upgrades and repairs or due to failure of telecommunications links and equipment or due to unavailability of third-party services used by JGomez Fine Art.

4.4 JGomez Fine Art will not in any event be liable to You or any other party for any suspension, modification, discontinuance or lack of availability of the Services.

5. Service Termination

5.1 You are free to terminate Your use of the Services at any time.

5.2 JGomez Fine Art may without notice to You terminate Your right to use the Service immediately for, including but not limited to, the following reasons:

{a) breach of this Agreement, including use of the Services in violation of article 8 (Restrictions);

{b) any request by law enforcement, government agencies or court order;

{c) security and technical issues or problems;

{d) lack of payment of any fees owed by You; or

{e) inactivity period longer than two months.

(f) hostile/inappropriate behaviour towards customers or employees.

5.3 After termination of use of Services, JGomez Fine Art has no further obligation to grant access to the Services.

5.4 If Your use of the Service is terminated for any reason, whether by You or by JGomez Fine Art, You will lose and forfeit any time remaining on Your account with JGomez Fine Art.

5.5 You are responsible for the removal of Your Content through the interface provided by JGomez Fine Art upon Service termination. In the event that the Content is not removed, JGomez Fine Art reserves the right to remove said Content at its own discretion.

6. Protecting Certain Personally-Identifying Information

6.1 JGomez Fine Art gathers personally-identifying information. You can refuse to supply personally-identifying information, but it may prevent you from engaging in the Services, in part or in whole.

6.2 JGomez Fine Art stores information that:

(a) you provide us with; and

(b) we gather from your use of the Services.

JGomez Fine Art does not disclose such information other than as described below.

6.3 JGomez Fine Art can disclose such information for the purpose of the functionality of the Services.

6.4 JGomez Fine Art has the right to disclose such information to employees, contractors and affiliates that need to know that information in order to process it on JGomez Fine Art' behalf, and that have agreed not to disclose it to others. Should any of the above entities be located outside of Your home country, You consent to the transfer of such information to them by using the Services.

6.5 JGomez Fine Art reserves the right to disclose potentially personally-identifying and personally-identifying information when required to do so by law, or when disclosure is necessary to protect the property or rights of JGomez Fine Art or any third party.

6.6 JGomez Fine Art may use and/or disclose such information in order to operate, improve and optimize the Services.

7. Indemnification

You agree to indemnify, defend, and hold harmless JGomez Fine Art from any liabilities, damages, and costs, including, but not limited to, attorneys' fees and settlement costs, resulting from claims from third parties:

(a) regarding Your Content;

(b) regarding Your infringement or misappropriation of any patent, copyright, trade secret or trademark of any third party; or

8. Disclaimer

The Services are provided on an "as is" and "as available" basis, and Your use of the Services is at Your sole risk. JGomez Fine Art cannot be held responsible for any damage, lost Content, lost renewal etc.

9. Liability

JGomez Fine Art accepts liability only in accordance with the legal provisions for damage caused by a grossly negligent or intentional violation of essential contractual duties.

10. Limitation of liability

JGomez Fine Art shall not be liable to You for any indirect, incidental, consequential, special, punitive or exemplary damages resulting from:

(a) inability to use the Services,

(b) substitute services,

(d) any third party conduct on the Services, or

(e) any other matter relating to the Services.

11. General Information

11.1 This Agreement constitutes the entire agreement between JGomez Fine Art and You and governs Your use of the Services. It replaces and supersedes any prior agreements between JGomez Fine Art and You with respect to the Services.

11.2 Nothing in this Agreement will be construed to constitute either party as a partner, employee or agent of the other party.

11.3 JGomez Fine Art' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver.

12. Applicable Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. You agree that all conflicts relating to the Agreement shall exclusively be deferred to the competent district court of the State of Florida, USA.

Last updated on September 23, 2021 to provide clarity concerning the content rights of artists using our platform.