Terms of service.

Effective Date: June 2024

Welcome to Gallery 8 ("we," "our," or "us"). By accessing or using our website (the "Site") or engaging in our services, you agree to comply with and be bound by the following terms and conditions (the "Terms"). Please read these Terms carefully before using the Site.

1. Acceptance of Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must discontinue use of the Site immediately.

2. Use of the Site

The Site is intended for personal, non-commercial use. You agree to use the Site only for lawful purposes and in accordance with these Terms.

Prohibited Use:

You agree not to:

  • Use the Site in any way that violates any applicable laws or regulations.

  • Transmit, upload, or distribute any material that is harmful, disruptive, or otherwise unlawful.

  • Attempt to gain unauthorized access to any part of the Site, other user accounts, or any computer systems or networks connected to the Site.

  • Interfere with the security, functionality, or performance of the Site.

3. Intellectual Property

All content on the Site, including but not limited to artwork, images, text, graphics, logos, and other materials, is the property of Gallery 8 or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of any content on the Site without our express written permission.

Artist and Artwork Rights:

All artwork displayed on the Site is the property of the respective artists and is protected by copyright. Use of the artwork without the artist's permission is strictly prohibited.

Copyright Policy for Artists

Gallery 8 is committed to respecting and protecting the intellectual property rights of artists. This Copyright Policy explains the rights of artists whose works are displayed or sold through our gallery and website, as well as how we handle copyright matters. By engaging with Gallery 8, you agree to the terms of this Copyright Policy.

1. Artist Copyright Ownership

All artwork displayed on Gallery 8's website or in the gallery remains the sole property of the artist unless otherwise agreed in a separate contract. Artists retain full copyright and intellectual property rights over their work.

What this means:

  • Reproduction Rights: The artist retains the exclusive right to reproduce, distribute, display, and create derivative works based on their artwork unless explicitly transferred or licensed.

  • Moral Rights: The artist has the right to be credited for their work and to object to any derogatory treatment that may harm their reputation or the integrity of the work.

2. License to Display and Promote

By submitting artwork to Gallery 8, the artist grants us a non-exclusive, royalty-free license to display and promote the artwork in the following ways:

  • Gallery Display: To physically display the artwork in Gallery 8.

  • Website Display: To display digital images of the artwork on our website and social media platforms for promotional purposes.

  • Marketing Materials: To use images of the artwork in online and print marketing materials, including brochures, newsletters, and event promotions.

This license is for the purpose of selling or promoting the artist’s work and does not transfer any ownership of copyright to Gallery 8.

3. Sale of Original Artwork

When a piece of original artwork is sold through Gallery 8, the copyright does not transfer to the buyer unless explicitly agreed in writing. The buyer is purchasing the physical artwork, not the copyright or reproduction rights.

Artists may, however, offer to sell their copyright or grant licenses separately if they choose to.

4. Reproduction of Artwork

Gallery 8 does not reproduce any artwork for commercial purposes (e.g., prints, merchandise) without prior written consent from the artist or licensee. . If an artist agrees to allow reproduction, the terms of reproduction, including royalties, will be clearly outlined in a separate agreement.

5. Protection Against Infringement

Gallery 8 respects the copyright of all artists and takes steps to prevent unauthorized use of their work. If we become aware of any copyright infringement involving works displayed or sold through Gallery 8, we will take prompt action to protect the artist’s rights.

Artists are encouraged to monitor the use of their works and report any unauthorized reproductions to Gallery 8.

6. Third-Party Use of Artwork

If a third party (e.g., media outlets, event organizers) wishes to use an artist's work for promotional or commercial purposes, they must obtain permission directly from the artist. Gallery 8 will assist in facilitating this process but will not grant such permissions on behalf of the artist.

7. Dispute Resolution

In the event of a copyright dispute involving an artist's work, Gallery 8 will work with both the artist and any involved parties to resolve the matter in a fair and lawful manner. However, Gallery 8 is not responsible for enforcing the artist’s copyright rights outside of the scope of our gallery or website operations.

8. Contact Information

If you are an artist represented by Gallery 8 and have questions or concerns about your copyright rights, or if you believe your work has been infringed, please contact us at:

Gallery 8
8 Ferry Road, SOUTHPORT. QLD. 4215
info@gallery8.com.au

4. Purchases and Payments

When you make a purchase through the Site, you agree to provide accurate and complete payment and billing information. All sales are subject to availability, and we reserve the right to refuse or cancel any order at our discretion.

Pricing:

All prices listed on the Site are in [currency] and may be subject to taxes and shipping fees. We reserve the right to change prices at any time without prior notice.

Payment Methods:

We accept the following payment methods: credit card, direct deposit.

5. Refunds and Returns

Due to the nature of the artwork sold, all sales are final. We do not accept returns or provide refunds unless there is a material defect or error in the product you received. If you believe you have received a defective product, please contact us within [X] days of receipt.

6. Event Bookings and Cancellations

For event bookings, including private viewings, gallery tours, and other special events, the following policies apply:

  • Booking Confirmation: A booking is only confirmed once payment is received in full.

  • Cancellations: You may cancel your booking up to 30 prior to the event for a full refund. Cancellations made within may be subject to a cancellation fee.

7. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Gallery 8. We are not responsible for the content, privacy policies, or practices of any third-party websites. You agree that Gallery 8 shall not be liable for any damage or loss arising from your use of third-party websites.

8. User-Generated Content

You may be allowed to post comments, reviews, or other content on the Site. You agree that:

  • Your content will not be illegal, offensive, defamatory, or infringing on the rights of others.

  • You grant Gallery 8 a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display your content.

We reserve the right to remove any content that violates these Terms or that we deem inappropriate at our sole discretion.

9. Disclaimers

The Site and all content are provided on an "as-is" and "as-available" basis. Gallery 8 makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the content, or the products offered through the Site.

We do not guarantee that the Site will be uninterrupted or error-free, and we are not responsible for any disruptions or errors that may occur.

10. Limitation of Liability

To the fullest extent permitted by law, Gallery 8 shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site, including but not limited to loss of profits, data, or goodwill.

Our total liability for any claims arising out of your use of the Site or purchases made through the Site will not exceed the amount you paid, if any, for access to the Site or for the products purchased.

11. Indemnification

You agree to indemnify and hold harmless Gallery 8, its directors, officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses arising out of your use of the Site or violation of these Terms.

12. Termination

We reserve the right to terminate or suspend your access to the Site, without notice, for any violation of these Terms or for any other reason we deem appropriate.

13. Changes to the Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting to this page. Your continued use of the Site after the changes take effect constitutes your acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions.

15. Contact Us

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

Gallery 8

Email: info@gallery8.com.au