Terms of Use

Published: July 15, 2013

Table of Contents

INTRODUCTION

Thank you for visiting Vango (the "Site",”we” “us” “our”). Your use of the Site indicates that you have read, understood and agree to these terms of use ("Terms"). If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you.

PRIVACY

You may be asked to provide certain information to us. Our use of any information you provide via the Site shall be governed by our Privacy Policy. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

USE OF THIS SITE

In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account; you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content it its sole discretion for any reason at any time including as a result of a violation of these Terms. Accounts are void where prohibited by law.

Vango and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Vango be held liable for any damages due to such interruptions or lack of availability.

PROPRIETARY RIGHTS

As between you and Vango (or other company whose marks appear on the Site), Vango is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Vango. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Vango. Such trademarks, service marks and trade names may be registered in the United States and internationally. Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

USER CONTENT

The Site may include features and services that allow you to post, exhibit, upload or otherwise provide images, information, artworks and other works of creative authorship, written texts, commentary, multi-media and other Content (collectively, “User Content”). Unless we have specifically requested or agreed otherwise with you in writing, we do not wish to receive any confidential or sensitive information from you, and any information contained in your User Content may be used in the ways described by our Privacy Policy. You are in the best position to know if the User Content you provide may be legally used in connection with the Site. Accordingly, before providing any User Content, please be sure the User Content will not violate or contribute to the violation of any third party rights or applicable laws. Please note that you remain the owner of any intellectual property rights you have in your User Content, but we require that you grant us the following rights in order to operate the Site.

If you post, exhibit or upload any User Content on the Site or otherwise provide any User Content to Vango, you:

  1. grant us a non-exclusive, royalty-free, sub-licensable through multiple tiers, perpetual, irrevocable, worldwide right and license to use, reproduce, distribute, modify, translate, create derivative works from, publish, publicly perform and publicly display such User Content and any names, likenesses or trademarks depicted in such User Content, in any media now known or later developed, only for the purposes of developing, promoting and providing the Site;

  2. you represent and warrant that you have all necessary rights to grant us this license and that such User Content does not and will not violate or contribute to the violation of any third party rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights; and

  3. you agree to waive any claims against Vango arising from the use of such User Content by us or any third party and based on any copyrights, moral rights, trademark rights, privacy rights or publicity rights you may have in connection with such User Content.

RESTRICTIONS

The Site may be used only for lawful purposes by individuals using authorized services of Vango. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Vango specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  1. Posting any information which is incomplete, false, inaccurate or not your own;

  2. Impersonating another person;

  3. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

  4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

  5. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

  6. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

  7. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;

  8. Attempting to interfere in any way with the Site's or Vango’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

  9. Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses

  10. Abusing special discounts, awards or incentives offered by Vango. Unless otherwise specified, only one offer is value per person, maximum two per household.

TERMINATION

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

PURCHASING

We use Stripe as our third party service provider for payment services such as credit card acceptance and merchant settlement. By using any of these payment services in connection with the Site, you agree to be bound by Stripe Terms of Use and Privacy Policy and you consent and authorize us to delegate the authorizations and share the information you provide to us with Stripe to the extent required to provide payment services to you.

MOBILE APPLICATION

Our mobile applications can be downloaded from the iTunes store. Your use of this application is subject to these Terms and our Privacy Policy, and is also subject to any other agreements or policies we may post on such applications or otherwise make available in connection with such applications, for example, by posting such agreements or policies to the iTunes store.

INTERNATIONAL USE

We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

THIRD PARTY WEBSITES

The Site may include links to other websites (such as Twitter, Facebook, Pinterest, and Tumblr) that we do not own or control and features that allow you to use third party social media services. Your use of third party websites or services is exclusively at your own risk and may be subject to the policies of those websites or services. Links to and from the Site do not mean that we endorse or are associated with any third party website or service or any Content accessible on any other website or service. We are not liable or responsible for any claim, loss or damage arising from your use of any third party website or service accessed in connection with the Site.

We are not responsible for monitoring any communications or Content on the Site and we are not involved in user-to-user interactions. We cannot always identify every user and cannot guarantee that any user is who they claim to be. It is your responsibility to be careful when interacting with other users and you acknowledge that despite the restrictions in this Agreement, others may use the Site in a way that is deceptive, fraudulent, harmful, offensive or illegal. We make no representation or warranty with regard to the conduct or Content of any third party using the Site.

You agree to release Vango and our officers, directors, agents and employees from any claims, demands, disputes or liabilities, of any kind or nature, arising in any way from the use of the Site by any other Vango user or third party, including but not limited to any claim arising from any interaction or transaction between you and any other Vango user, or from any unauthorized access to or use of your Vango account.

INDEMNITY

You agree to defend, indemnify and hold Vango, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. VANGO MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

VANGO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. VANGO IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VANGO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF VANGO 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 THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL VANGO OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF VANGO.

Payment Terms

All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Arttwo50 Inc. with your credit card number and associated payment information, you hereby authorize Arttwo50 inc. to immediately charge your credit card for all fees and charges due and payable to Arttwo50 Inc hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Arttwo50 Inc of any change in your billing address or the credit card used for payment hereunder. Arttwo50 Inc reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Arrtwo50 Inc Properties or by e-mail delivery to you.

Payments made to Arttwo50 are subject to refund in accordance with Arttwo50’s refund policy available through email at discover@vangoart.co

Taxes. Arttwo50’s fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Arttwo50, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Arttwo50 for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that Arttwo50 is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Arttwo50 communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.

GENERAL

The Terms constitute the entire agreement between you and Vango and govern your use of the Site, superseding any prior agreements between you and Vango. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. You agree that no joint venture, partnership, employment, or agency relationship exists between Vango and you as a result of this Agreement or your use of the Site.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Any claim or cause of action you may have with respect to Vango must be commenced within one (1) year after the claim or cause of action arose. The Terms inure to the benefit of Vango’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

CONTACTING US

To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please write to us at legal@vangoart.co.