Terms Of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING orkidgallery.ca AND ITS SERVICES (“orkidgallery”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF orkidgallery AND ALL SERVICES PROVIDED THERE BY orkidgallery , LLC (“we”, “us”).
This document outlines the Terms of Use for orkidgallery.ca By agreeing to the terms and conditions outlined here, you (the user) accept that this is a legally binding agreement between yourself and orkidgallery, LLC. This Agreement applies to all users of orkidgallery, including without limitation users who are vendors, customers, buyers, merchants and contributors of content, information and other materials or services on orkidgallery.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Agreement on the Site.
Eligibility
In order to access and utilize the resources on this site you must be a registered user or comply with the following:
Age: orkidgallery’s services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. The user or parent/legal guardian agrees that orkidgallery shall not be held responsible for any damages incurred by non-commitment to this policy.
Compliance: You agree to adhere to orkidgallery’s policies as stated in the Agreement and the orkidgallery Privacy Policy referenced herein and/or available by hyperlink, as well as all other operating rules, policies and procedures that may be published periodically on orkidgallery, each of which may be updated by orkidgallery from time to time without notice to you. You shall not act in a manner that hinders or prohibits orkidgallery from conducting business or damages the integrity of the marketplace. Users hereby also agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
Any material you upload to orkidgallery will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to orkidgallery constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of orkidgallery . We have the right to remove any material or posting you make on orkidgallery if, in our opinion, such material does not comply with the standards set out in our acceptable use policy.
Account Information: Your account information must be up-to-date and accurate at all times, including a valid email address. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. Keep your password secure. You agree to immediately notify orkidgallery of any unauthorized use of your password or any breach of security and you also agree that orkidgallery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. In addition, you agree not to provide your username and password information in combination to any other party other than orkidgallery without orkidgallery’s express written permission.
You may not transfer or sell your orkidgallery account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: orkidgallery reserves the right, in orkidgallery’s sole discretion, to cancel unconfirmed or inactive accounts. orkidgallery reserves the right to refuse service to anyone, for any reason, at any time.
orkidgallery is entitled to vary the Fees at anytime.
Changes to the fees for orkidgallery’s services are effective after orkidgallery provides you with at least fourteen (14) days’ notice by posting the changes on orkidgallery . However, orkidgallery may choose to temporarily cancel the fees for orkidgallery’s services for promotional events (for example, free listing days); such changes are effective when orkidgallery posts the temporary promotional event on orkidgallery. orkidgallery may, at its sole discretion, change some or all of orkidgallery’s services at any time. In the event orkidgallery introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using orkidgallery.
All fees shall become due and payable and automatically deducted upon receipt of payment from the buyers using the artist third party payment handler. All fees are excluded from shipping costs, delivery charges and/or any other applicable tax or charges of any nature whatsoever.
It is the sole discretion of orkidgallery to refuse your use or registration at any time, for any reason and without notice to you. You agree that orkidgallery is not liable to you or any third party for the termination of your account, or restriction from website usage. orkidgallery reserve the right to refuse service to any member and suspend any users account at its sole discretion.
Regular Changes to Our Site
We update orkidgallery regularly and may change the content at any time. We reserve the right to suspend access to orkidgallery , or cease all services indefinitely, at any time. We are not obligated to update any out of date material and any of the material on orkidgallery may be out of date at any given time. The material displayed on orkidgallery is provided without any guarantees, conditions or warranties as to its accuracy.
orkidgallery’s Use Policy
You may use orkidgallery only for lawful purposes.
You agree not to reproduce, duplicate, copy or re-sell any part of orkidgallery in breach of our intellectual property rights. You agree not to access without authority, interfere with, damage or disrupt any part of orkidgallery, any equipment or network on which our site is stored, any software used in the provision of orkidgallery, or any equipment or network or software owned or used by any third part.
You may not use orkidgallery:
a. In any way that breaches any applicable local, national or international law or regulation.
b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
c. For the purpose of harming or attempting to harm minors in any way.
d. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Policy.
e. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
f. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code artist to adversely affect the operation of any computer software or hardware.
Hacking and Viruses
You shall not attempt to gain unauthorized access to orkidgallery, the server on which orkidgallery is stored or any server, computer or database connected to our site. You shall not abuse orkidgallery by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You shall not attack orkidgallery via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of orkidgallery or to your downloading of any material posted on it, or on any website linked to it.
orkidgallery’s Interactive Services
orkidgallery may provide interactive services on orkidgallery, including blogs, feedback and comment boards. Although our interactive services are fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the interactive services or any other service we provide on orkidgallery and we may stop moderating the interactive services at any time. We reserve the right to remove, or to disable access to, any contribution that we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the interactive services by any person in contravention of these terms
Commentary and other materials posted on orkidgallery are not intended to amount to advice on which reliance should be placed. orkidgallery therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any site visitor or by anyone who may be informed of any of its contents.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. orkidgallery advises the parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
Usernames, Account names, Usage, and orkidgallery’s Reserved Rights
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of orkidgallery. orkidgalleryreserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
Breach
orkidgallery may without notice and without refunding any fees, warn orkidgallery’s community of a user’s actions, issue a warning to a user, temporarily or indefinitely suspend a user’s account privileges, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user, IF:
orkidgallery believes that a user is acting inconsistently with orkidgallery’s policies, has engaged in improper or fraudulent activity in connection with orkidgallery or the actions may cause legal liability or financial loss to orkidgallery or orkidgallery’s users.
orkidgallery suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Terms of Use and Privacy Policy or other policy documents and community guidelines incorporated herein;
orkidgallery is unable to verify or authenticate any of your personal information or content.
This Agreement contains the entire agreement between you orkidgallery, LLC regarding the use of orkidgallery and any product or service obtained in relation thereto, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
