Terms and Conditions of Use

Last Updated: April, 2007
Welcome to South West Gallery. These Terms and Conditions of Use ("Terms") apply to and govern your use of the South West Gallery web site (the "Site") and any services that may be provided by or registered with South West Gallery through the Site by you (“Services”). In these Terms, the terms "we" or "us" also refer to South West Gallery. By visiting our Site or using Services, you are accepting the practices described in these Terms which is incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

License to Use the Site and Services; Restrictions

South West Gallery grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of South West Gallery. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of South West Gallery and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of South West Gallery. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to South West Gallery.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on South West Gallery’s infrastructure.

Ownership

South West Gallery owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. South West Gallery is the owner of the copyright in the entire Site and Services. South West Gallery owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made

Change to Site or Services; Termination

South West Gallery shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. South West Gallery may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that South West Gallery may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if South West Gallery reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of South West Gallery or any third party, or for any reason with or without notice to you. You agree that South West Gallery will not be held liable to you or any third party as a result thereof.

Links to Other Web Site

The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by South West Gallery or any of its subsidiaries and affiliates of any third party, its site, resources or contents. South West Gallery cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. South West Gallery has no control over these sites or the content within them. South West Gallery doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

South West Gallery's Rights to Materials Provided by Users

South West Gallery welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to South West Gallery or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to South West Gallery a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by South West Gallery of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against South West Gallery for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that South West Gallery is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

Any or all Communications provided by you to the Site or Services may be included in a database owned by South West Gallery and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

User Conduct

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

Disclaimer of Warranties

South West Gallery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. South West Gallery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.

NEITHER SOUTH WEST GALLERY NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, South West Gallery is not responsible for those costs.

NEITHER SOUTH WEST GALLERY NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER SOUTH WEST GALLERY NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other South West Gallery products or services.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

Limitation of Liability; Exclusion of Damages

South West Gallery is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.

South West Gallery disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. South West Gallery is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services

SOUTH WEST GALLERY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS

UNDER NO CIRCUMSTANCES SHALL SOUTH WEST GALLERY, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SOUTH WEST GALLERY, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Changes to Terms and Conditions

South West Gallery reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.