Dear Not-Yet-Picasso Customer,
Our Terms and Conditions
are provided to you here in both full text and pdf to save and/or print.
Our Terms and Conditions govern the operation and administration of www.notyetpicasso.com
, its online gallery, and its use by clients.
The client accepts and agrees to these terms and conditions upon placing registering for an online gallery.
Our general terms and conditions govern only the relationship between Not-Yet-Picasso and its clients. No legal relationship exists between NYP and visitors and/or customers of individual online gallery owners.
GENERAL CONDITIONS OF BUSINESS
The General Terms and Conditions govern the contract ("contract") for an artist's online gallery on www.notyetpicasso.com ("NYP") between Not-Yet-Picasso OG, Ernst-Karl-Winter Weg 6, 1190 Vienna, and the client as operator of the aforementioned online gallery ("the client"), the negotiation of that contract, the operation and administration of www.notyetpicasso.com, as well as the client's establishment and use of an online gallery on this website, to the exclusion of any earlier verbal or written agreements.
Upon registration, the client agrees to these terms and conditions.
It is hereby agreed that these terms and conditions apply solely to the legal relationship between NYP and the client. NYP has no legal relationship to site visitors or to the client's customers.
2. Contract Agreement and Duration
The contract between NYP and the client for the establishment of a free online gallery on www.notyetpicasso.com is created upon the registration of the client for such an online gallery.
A contract can only be made by a person who has attained full legal age.
The registration of the online gallery and sales of pictures are free without time limits. The contract will end upon deletion of the gallery by the client, the closing down or going offline of www.notyetpicasso.com, or by objectionable, inappropriate, or other use of the gallery contrary to this contract.
3. Content Control
The client is solely responsible for the content of his or her online gallery and for the goods and services offered there. The client retains liability for the lawful and correct nature of the content and for all violations of the authorial, property, or other rights of third parties, as well as for any other violations against current law, regardless of the means of violation.
The client guarantees that the content, goods, and services, and those of any linked web pages do not violate any current law, legal or official bans, or public decency.
Should there exist any special labeling or warning requirements, these should be made known to NYP in advance.
NYP reserves the right, but is not obligated to examine the content of any online gallery and remove any items or services from sale which are illegal or which, in its judgment, go against public decency. The online gallery can also be shut down in such an instance. NYP retains any right to compensation in this instance.
The client shall indemnify NYP from any claims or complaints resulting from the violation by the client of any of the conditions in this section.
4. Place of Execution
This agreement is executed in Vienna, Austria.
NYP undertakes no liability for the success of an online gallery, for the contents of an online gallery, nor for the contents of any linked webpages. NYP makes no guarantee nor does it accept liability for the failure of its servers or the temporary inaccessibility of its website, whatever the reason, including acts of God. Of course, NYP will do everything within its organizational and technical power to restore access as quickly as possible.
In all other instances, legal regulations apply. The seller is not liable for damage not caused by the work; in particular, the seller is not liable for lost profit or other financial damages to the client.
6. Legal Relationship between a Client and Buyers
NYP does not and will not enter into any legal relationship with the potential buyers of any of its clients. NYP is solely responsible for the technical operation and administration of www.notyetpicasso.com. The client is obligated to keep NYP free of liability from any and all claims by (potential) buyers. The client is obligated to represent to his or her buyers the clearly distinct and separate status of NYP from his or her online gallery. NYP retains the right to state this clearly on the images in the online gallery.
The client expressly grants NYP permission to publish for marketing purposes screenshots of the artworks offered for sale by the client on www.notyetpicasso.com. The customer agrees to inform NYP about the sale of any work so that NYP can remove such works from the screenshot. NYP is however not obligated to market artwork or artists.
7. Reserved Rights
Upon registration of an online gallery, the client does not acquire any rights to www.notyetpicasso.com, its logos, text, videos, pictures, sounds and/or other online galleries. All rights are reserved solely to NYP. The violation of these rights by copying, reproduction, etc. will be prosecuted in court. The use and/or publishing of content from www.notyetpicasso.com is permitted solely with advance express written permission by NYP. The client has no right to publication of his or her online gallery on the main page of www.notyetpicasso.com. NYP retains all editorial decision power.
8. Data and Data Security
The client guarantees that any and all data and information provided is true and complete. The client's data will be stored and processed by NYP. The client gives express consent to this storage and processing of data. Data will not be shared with others unless a legal obligation to do so is placed upon NYP. The client is encouraged to read, save, and print any email emails received by the client from NYP at the provided email address.
9. Compensation and Lien
The client possesses a right to compensation only in the case of a legal judgment in his favor or if granted by NYP in writing.
10. Applicable Law
Austrian commercial law applies, to the exclusion of UN commercial regulations. The court having legal jurisdiction for this contract is Vienna (Inner-City). This does not apply to consumers.
11. Severability Clause
Should any condition of these general terms of sale be or become invalid, then the remainder of this contract and terms of sale remain in all other respects valid. The invalid condition shall be reinterpreted, supplemented, or substituted in such a way to preserve its intended business purpose as much as possible.