Our Terms & Conditions

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TERMS OF USE

Effective February 14th, 2021 Your use of the ithacagalleries.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy. Ithaca Galleries Website reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

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RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Ithaca Galleries. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
 
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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USE OF THIS WEBSITE 

Ithaca Galleries maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Ithaca Galleries express written consent. All rights not expressly granted here are reserved to Ithaca Galleries. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

 

 

NO WARRANTIES

Ithaca Galleries DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. Ithaca Galleries assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

 

 

LIMITATION OF LIABILITY 

To the maximum extent permitted by applicable law, in no event shall Ithaca Galleries, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

 

 

 

INDEMNIFICATION

You agree to indemnify and hold Ithaca Galleries harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with Your use of the Website or any of the services offered on the Website.

 

 

ADDITIONAL TERMS AND CONDITIONS

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. Ithaca Galleries reserves the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

Ithaca Galleries may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. Ithaca Galleries may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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COMMUNICATIONS FROM AND WITH THIS WEBSITE

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.   Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Ithaca Galleries cannot prevent the harvesting of information from this Website, and You may be contacted by Ithaca Galleries or unrelated parties, by email or otherwise, within or outside of this Website. Ithaca Galleries assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

 

 

TERMINATION

At its sole discretion, Ithaca Galleries may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

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UNAFFILIATED PRODUCTS AND WEBSITES

Descriptions of, or references to, products, publications or Websites not owned by Ithaca Galleries or its affiliates do not imply endorsement of that product, publication, or Website.  Your linking to any other Websites is at Your own risk.

 

 

LINKING POLICY

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Ithaca Galleries. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. Ithaca Galleries does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Ithaca Galleries does not endorse the content, or any products or services available, on such web sites.

 

 

UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of New Jersey, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Ithaca Galleries intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Ithaca Galleries in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

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