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Privacy & Terms of Use

WHAT DO WE DO WITH YOUR INFORMATION?

 When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. 

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. 

CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at contact@toiartgallery.com

 DISCLOSURE

 We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. 

 SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

 THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by them.  

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 AGE OF CONSENT

 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

TERMS OF USE

INTRODUCTION

Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity, which infringes the rights of Toi Gallery or others

Toi Gallery ("Toi Gallery" or "We"). We believe it is essential that all Toi Gallery users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on Toi Gallery. 

Please read these terms of service (the "Terms") and Toi Gallery Privacy Policy carefully. These Terms and the Privacy Policy are a legal agreement between you and Toi Gallery. CREATING A Toi Gallery ACCOUNT OR PURCHASING PRODUCTS THROUGH THE Toi Gallery SERVICES INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE Toi Gallery SERVICES, INCLUDING THE SITE.

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT CREATE AN ACCOUNT OR USE THE Toi Gallery SERVICES.

CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES

Content

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Toi Gallery Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

Toi Gallery does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the Toi Gallery Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Toi Gallery WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE Toi Gallery SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE Toi Gallery SERVICES’ USERS.

Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA") or Infringements of Other Intellectual Property Rights:

 Toi Gallery has a zero tolerance policy for infringement of copyrights and other intellectual property rights.

 You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:

  1. post Content or Products in an inappropriate category or areas of the Toi Gallery Services;
  2. fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
  3. interfere with another Toi Gallery user's Content or Products;
  4. circumvent or manipulate our fee structure, the billing process, or fees owed to Toi Gallery;
  5. take any action that may undermine any ratings system that Toi Gallery may use;
  6. transfer your Toi Gallery account and user identification to another party without our prior written consent;
  7. distribute viruses or any other technologies that may harm Toi Gallery or the interests or property of Toi Gallery users;
  8. use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Toi Gallery Services or Content made available through the Toi Gallery Website other than your own Content, without the owner’s express written permission; or (ii) any S Toi Gallery copyrights or trademarks;
  9. remove any copyright, trademark or other proprietary rights notices contained in or on the Toi Gallery Website or any Content;
  10. harvest or otherwise collect information about other users of the Toi Gallery Website, including email addresses, without their consent;
  11. impersonate any person or entity, including, but not limited to, a S Toi Gallery official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. frame, mirror, or otherwise simulate the appearance or function of the Toi Gallery Website or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
  13. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  14. upload, post, email, transmit or otherwise make available through the Toi Gallery Website any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  15. upload, post, email, transmit or otherwise make available through the Toi Gallery Website any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  16. "stalk" or harass or harm another person.

The Site is controlled and offered by Toi Gallery from its facilities in the United States of America and data related to the Toi Gallery Website is hosted in the United States. If you access or use the Toi Gallery Services from other jurisdictions, you do so at your own risk. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Toi Gallery Services, you are not permitted to use them.

REGISTRATION AND ACCOUNT INFORMATION

In order to make available Content or Products through the Toi Gallery Services, whether for sale or not, you must create a Toi Gallery account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person's Toi Gallery account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify Toi Gallery immediately of any breach of security or unauthorized use of your account. Although Toi Gallery will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Toi Gallery or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. Toi Gallery reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.

ACCOUNT INFORMATION

You acknowledge and agree that Toi Gallery may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Toi Gallery, its users or the public.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE Toi Gallery SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE Toi Gallery SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE Toi Gallery SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE Toi Gallery SERVICES.

WE ARE NOT AND SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Toi Gallery SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE Toi Gallery SERVICES.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (I) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TRADEMARKS

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Toi Gallery Services).

LINKED WEBSITES

The Toi Gallery Services may contain links to other websites that are not owned or controlled by us ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Toi Gallery Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.

ACCESS AND INTERFERENCE

Much of the information available through the Toi Gallery Services is updated on a real-time basis and is proprietary or is licensed to Toi Gallery by our users or third parties. All intellectual property rights in the Toi Gallery Services (including without limitation, the software and systems underlying the Toi Gallery Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any robot, spider, scraper or other automated means to access the Toi Gallery Services for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere or attempt to interfere with the proper working of the Toi Gallery Services or any activities conducted through them; or
  3. bypass any measures we may use to prevent or restrict access to the Toi Gallery Services; or
  4. decompile, disassemble or otherwise reverse engineer the Toi Gallery Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Toi Gallery

PRIVACY

We use your information only as described in the Privacy Policy. We view protection of users' privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the Toi Gallery Privacy Policy your sole recourse is to stop using the Toi Gallery Services.

TERMINATION OF ACCOUNT

Toi Gallery may suspend or terminate your access to all or any part of the Toi Gallery Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, Toi Gallery may terminate your access to the Toi Gallery Services if you are determined to be, in Toi Gallery 's sole discretion, a repeat infringer of these Terms. Toi Gallery may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.

You may terminate these Terms at any time by terminating your use of the Toi Gallery Services.

MODIFICATIONS TO THE Toi Gallery SERVICES AND TERMS

Toi Gallery reserves the right to monitor, modify or discontinue the Toi Gallery Services, and to block, modify, publicly comment on, or delete any Content submitted to the Toi Gallery Services by any party, at any time without notice in its sole discretion; provided however, that Toi Gallery has no obligation to update, store, maintain or correct any information or Content on the Toi Gallery Services.

Toi Gallery reserves the right, at any time and in its sole discretion, to change these Terms, including the Privacy Policy, in whole or in part, by notifying you as described in the Notice provisions below. You are responsible for reviewing and complying with these Terms, including the Privacy Policy, in effect at the time you use the Toi Gallery Services. You acknowledge that you will be bound by the revised Terms, including the Privacy Policy, as of their effective date set forth therein and your continued use of the Toi Gallery Services constitutes acceptance of them.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

These Terms may not be otherwise amended except in a writing signed by you and Toi Gallery. These Terms, including without limitation, the Privacy Policy which is incorporated herein by reference, set forth the entire understanding and agreement between you and Toi Gallery with respect to the subject matter hereof.