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Terms and Conditions

 

 

Effective February 1st, 2023

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Agreement between User and TERAVARNA ART GALLERY

Welcome to TERAVARNA ART GALLERY. The Website ("Website") is comprised of various web pages operated by TERAVARNA, and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). Your use of the Website constitutes your agreement to all such Terms, which includes our Privacy Policy. Please read these terms carefully and keep a copy of them for your reference. 

TERAVARNA is an online art gallery covering visual arts from around the world arrange through its exhibitions and competitions. It is designed to assume an international platform where artists can be promoted directly to art lovers, art professionals, art galleries, and private collectors, bringing their art to a worldwide viewership of over three billion internet users. By showcasing your artwork in a friendly environment that encourages and inspires artistic growth, we strive to help you find your artistic voice. Our mission is to create a safe and successful communal space for all kinds of artists to come together and express their creative sides. We believe in unlocking the creative side within everyone and offer a wide range of artworks comprising of diverse media, styles, and talents for viewers to choose from. 

TERAVARNA is an E-Commerce Website which functions as a venue where artworks are showcased with intention to sell by outside people and organizations. TERAVARNA does not buy or sell art. Instead, We exist as a conduit to connect art lovers with artists.

 

Privacy

Your use of this Website is subject to TERAVARNA's Privacy Policy, which also governs the Website and informs users of Our data collection practices. 

TERAVARNA, in Our sole discretion, reserves the right to modify or update these legal terms of use on a periodic basis by posting the amended terms on this Website with immediate effect and without advance notice. It is Your responsibility to review these legal terms of use for timely updates. By accessing and using this Website, You are agreeing to these terms of use and Privacy Policy. The provisions below pertain to the letter as well as the spirit of the policies. 

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DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

TERAVARNA MAKES NO REPRESENTATIONS, INCLUDING THAT THE WEBSITE, ANY CONTENT OR MATERIAL, SERVICE, FEATURE, OR ITS USE WILL BE FREE OF ERRORS, TYPOGRAPHICAL OR OTHERWISE, OR WILL BE UNINTERRUPTED, OR THAT DEFECTS ARISING OUT OF SUCH ERRORS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE DESIRED RESULTS, OR THAT DOWNLOADED MATERIALS WILL BE FREE FROM VIRUSES OR MALWARES THAT COULD POTENTIALLY INTERFERE WITH YOUR SYSTEMS. TERAVARNA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, RELATED TO, AND ARISING OUT OF, THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENTS, SERVICES, OR PRODUCTS INCLUDED THEREIN, THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND SUITABILITY TOWARDS ANY PARTICULAR GOAL OR PURPOSE, TITLE, AND NON-INFRINGEMENT. TERAVARNA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMMISSIONS, AND CONDUCTS OF THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR BROWSING AND USE OF THE WEBSITE. TERAVARNA, AND ITS PRODUCTS AND SERVICES, ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TERAVARNA AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TERAVARNA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TERAVARNA AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME, INCLUDING PERIODIC CHANGES, ADDITIONS, AND ALTERATIONS, TO THE INFORMATION HEREIN. THROUGH YOUR USE OF THIS WEBSITE AND SERVICES, YOU EXPRESSLY AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ITS SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TERAVARNA IN CASE OF DISCONTENT WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF THE WEBSITE’S USE, MATERIALS, AND SERVICES IS TO DISCONTINUE USE OF THE WEBSITE OR ITS DERIVATIVES. 

 

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY 

You are granted a non-exclusive, non-transferable, revocable license to access and use TERAVARNA’s domain strictly in accordance with these terms of use. As a condition of Your use of the Website, You warrant to TERAVARNA that You will not use the Website for any purpose that is unlawful or prohibited by these Terms. 

All content included as part of the Service, such as text, graphics, logos, images, content, style, design, layout, images, audios, videos, graphics, user interfaces, photographs, illustrations, digital downloads, data compilations, artworks, logos, buttons, icons, and all underlying software and computer codes, as well as the compilation thereof, are the property of TERAVARNA or its suppliers, parents, affiliates, subsidiaries, or third party licensors, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You may not copy, reproduce, publish, upload, encode, modify, translate, perform, display, modify, exploit, transmit (including mirroring), reverse engineer, participate or distribute any section or subsection of this Website, or create any works that are derived from this Website in any way, shape, or form, without the express prior written consent of TERAVARNA. Similarly, all content and intellectual property represented on this Website, such as name, title, logo, favicon, trademark, service mark, tradename, trade dress, page header, script, patent, article, blog, design, domain, and copyright (“Material” or “Materials”), owned or licensed by TERAVARNA, its parents, affiliates, subsidiaries, may not be used on other computers, servers, or websites, for publication, distribution, performance, display, sale, rental, lease, donation, or storage in any other systems, including mobile technology, tablets, laptops, and desktops, without express prior written consent of their rightful owner. TERAVARNA’s content is not for resale. Your use of the Website does not entitle or grant you any licenses, express or implied, to its intellectual property or its licensors, except as expressly authorized by these Terms. You may not undertake any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of such content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. Your use of the Website does not grant You any special right to any content and intellectual property on the Website, and their unauthorized use may result in civil or criminal penalties.

By submitting your artworks and related information, You grant TERAVARNA royalty-free, copyright-free, unrestricted, irrevocable, non-exclusive, transferable, assignable, international license to use, copy, reproduce, modify, adapt, publish, translate, recreate, distribute, perform, display, derivatize such material, as a whole or in part, and to incorporate into other works in any form, media, or technology now known or developed in the future. TERAVARNA is not responsible for materials You submit to Us, and may delete, destroy, or erase any such materials submitted by You.

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Proprietary rights of certain artworks and products, material or otherwise, may be held by individuals or entities other than TERAVARNA, including reproduction of artworks licensed to it, or to its members by third parties, such as an art collector or estate holding rights to such artworks. You may not post or provide false, misleading, or derogatory information, or use this Website if You are under the age of 18, or where prohibited by law, or if prohibited from using it by Us. You agree to not encourage, promote, or assist third parties to engage in acts that violate the policies stated above, including distributing spam, junk, spyware, malware, virus, robot (bot), spider, automatic device, program, algorithm, methodology, or any other technology or software that will impede the normal operation of this Website. You may not solicit or collect personal data relating to this Website and its users, including email addresses, social media, or other contact details. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You acknowledge that you have read, understand, and will comply with all policies stated in this agreement. 

 

Your Account

If You use TERAVARNA Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that TERAVARNA is not responsible for third party access to Your account that results from theft or misappropriation of Your account. TERAVARNA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.  

 

Services

TERAVARNA’s Website offers a venue for advertising artworks of and from artists, galleries, dealers, and private collectors. We are not involved in initiating, executing, or finalizing any sales that result from such advertisements, and Our service is limited to allowing visitors and interested buyers to browse or offer for sale artworks created by individuals other than Us. In the process, the Website simply acts as an intermediary, facilitating direct communication lines between artists and art lovers, who could act as potential art sellers and potential art buyers. We reserve the absolute right to deny or decline to advertise or offer for sale artworks from any artists at any time in order to meet Website standards. In Our sole discretion, We also reserve the right to modify or update Our services without advance notice to Our Website visitors.

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Age and Eligibility Requirements

By its very nature, art can, and often will, deal with explicit content. For instance, visuals showcased on TERAVARNA could portray pornography, sexuality, nudity, drug use, violence, vulgarity, or other graphic content. By accessing our website and using our services, you affirm that you are 18 years of age or older. If we believe that your information is incorrect or incomplete, we may prevent you from accessing our site, terminate or suspend your account, or otherwise limit or restrict your use of service.

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Juried Art Competition

TERAVARNA’s Website offers the opportunity for Juried Art Competitions to all eligible artists, usually on a bimonthly basis. Artist selection is done by an independent jury on an ongoing basis, and can take up to 1 week, depending on a variety of factors. Once the selection process is complete, all winning artists are notified by email. Both the type of prizes as well as the cash money awarded for each may differ on a monthly basis. Typically, a total cash prize of $1,000 to $2,000 is given to 35 to 65 artists at each competition, although this may vary depending on the number of artists participating, quality of artworks submitted, competition theme, and other factors. The categories in which cash is usually awarded are First, Runner-Up, Merit, and Talent Prize. No cash awards are given to artists in the Honorable Mention and Finalist categories. Certificates of Recognition are distributed to all artists listed in the competition, regardless of prize category.

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TERAVARNA doesn't promise entrant artists to win a prize in money or money's worth in any of its competitions. Only artists selected by an independent jury from a pool of applicants will be eligible to receive awards. 

 

To maintain compliance with the policies of its financial partners and to satisfy U.S. laws, TERAVARNA is unable to engage in any form of transaction with individuals and businesses from Cuba, Iran, North Korea, Syria, Russia, and the Crimea Region.

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The total cash prize awarded, and the number of recipient artists are subject to change. TERAVARNA, at its sole discretion and without prior notice, may vary the amount of cash prize and the categories for which such prizes are awarded. For instance, in the future, artists winning in the First, Runner-Up, Merit or Talent categories might not be awarded any cash prize, or there may be additional or less categories for which cash prizes are announced.

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For all joint winners of cash prizes, the money will be split evenly among contestants within that category. Similarly, if a category does not receive enough entries to be judged fairly within that category alone, it will be considered alongside other categories with sufficient entries.

Without exception, all cash prizes are paid to artists via PayPal, so they are advised to open and maintain an active PayPal account where they are able to receive money. We understand that this is not conducive to all artists in our competition, like in certain countries where PayPal is not in existence, or where the artists do not wish to or cannot open a PayPal account, etc. Nonetheless, all fund transfer to artists can solely be made via PayPal.

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All artists winning cash prizes will be notified via email. TERAVARNA will use the email address that is on file at the time of the artist’s application, so it is imperative to ensure that there are no typographical errors and that the artist is able to receive email from us. This email will serve as the only notification the artist will receive from our gallery announcing the winners of the competition.

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Upon receiving such notification, the artist is required to submit, within a week after the start of the competition, a winner profile form with detailed information, including full name, country of origin, a valid PayPal email, and the prize category won by the artist. Any duplicate submission of this form, for any reason, will be considered to be a deceptive practice, and TERAVARNA, in its sole discretion, will reserve the right to deny the artist any cash prize won in that competition. Likewise, misleading information on the form, including information that the artist has won a higher category prize of greater value, will be subject to denial of any cash prize. Repeated instances of such practice will result in permanent ban from TERAVARNA’s website.

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Occasionally, PayPal may charge a small fee of 3 to 5% of the value of the prize money awarded to the artist. Similarly, when remitting international money transfers worldwide, or when paying the artist in a foreign currency, there may be transaction fees imposed by PayPal or the recipient’s financial institution. By participating in our competitions, the artist agrees that any third-party fees may be deducted from the final funds received by them. TERAVARNA will not be responsible for such fees imposed on the transfer and is not under any obligation to reimburse the artist for that difference.

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Upon receipt of the acceptably filled out winner profile submission form the prize money won in by the artist in a competition will be transferred via PayPal to the artist’s account, or to the account of an authorized representative acting on behalf of, and with explicit written permission from, the artist. TERAVARNA will facilitate this transfer after approximately 3 weeks from the competition's start date. As such, we may choose to not respond to any inquiry we receive concerning prize money disbursement before that date has passed. Further, in the event the transaction gets canceled or reversed by PayPal during transfer due to, including but not limited to, the artist’s inability to open and maintain a functional PayPal account in a timely manner, or if PayPal will not allow such money transfer for legal reasons or due to international monetary bans and freezes, we will be unable to complete the transaction. We will try to inform the artist of such failed transfer immediately upon being notified to us by PayPal. However, that notification will only be in the form of an email correspondence. Hence, it is advisable that artists save info@teravarna.com as a “safe” email address so that such time-sensitive notice is not transferred to the Junk or Spam folder or otherwise is blocked by an internal firewall. Regardless, in no circumstance shall any prize money be transferred to the artist (or the artist’s representative) 30 days after the start of the competition. We regret that at that point, any unclaimed or untransferable funds will be forfeited so as to efficiently allocate funds to support TERAVARNA’s continuing support of maximum artist participation in future art competitions.

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Solo Exhibition

TERAVARNA’s Website offers the opportunity for Solo Exhibitions to all eligible artists. Artist selection is done by an independent jury on an ongoing basis, and can take anywhere between 1 day to 2 weeks, depending on when the jury is able to meet. Once the selection process is complete, in the event an artist is invited to participate in our Solo Exhibition, the artist will be able to choose from VIP, PRO, or ELITE plans.

A. VIP Plan: A monthly exhibition during which the artist will be represented by TERAVARNA. The cost is $25 monthly (non-refundable) for 10 images of artworks, bio, artist statement, and any other information such as artist website, Instagram handle, email, etc. Given the excessive amount of effort TERAVARNA puts in towards creating a professional portfolio, the artist is required to remain in this plan for at least 6 months.

B. PRO Plan: A one-year exhibition during which the artist will be represented by TERAVARNA. The cost is $150 annually (non-refundable) for 10 images of artworks, bio, artist statement, and any other information such as artist website, Instagram handle, email, etc. The artist may renew the plan annually for the then current price if they like, and sell their artworks if they choose to. TERAVARNA does NOT charge any commission so artists will be able to keep 100% of the price.

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C. ELITE Plan: A permanent (lifetime) exhibition during which the artist will be continuously represented by TERAVARNA. The cost is a one-time $350 (non-refundable) for 10 images of artworks, bio, artist statement, and any other information such as artist website, Instagram handle, email, etc. As in the PRO Plan, the artist will be able to sell their artworks from our website. TERAVARNA does NOT charge any commission so artists will be able to keep 100% of the price. Since there are no recurrent payments, this is the best value option for all serious artists and photographers. Please keep in mind that since space is limited, only a select few artists are given the opportunity to hold a permanent spot on our gallery walls.

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D. TEMP Plan: The last option is a free one-month exhibition on TERAVARNA's gallery walls, commencing on the 1st of the month and ending on the last day of the same month. The artist will be able to showcase 5 images of artworks but will not be able to list works for sale, or sell them from our website. This plan is currently unavailable due to the substantial number of artist applications received. If we resume this in the future, there is expected to be substantial waiting times. 

All artist fees and plan contributions go towards paying out cash prizes to the most deserving artists in our monthly Art Competitions and yearly Solo Exhibitions, as well as covering ads, outreach, and other administrative costs. As such, our fees are not refundable under any circumstance.

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Supervision

The quality, nature, authenticity, safety, truth, accuracy, title, description, price, material existence, or any other condition of the sellers and their artworks are not controlled by TERAVARNA. We are not responsible to monitor, supervise, or guarantee any activity relating to the buying and selling of artworks, or to any transactions arising from the artworks being offered on our Website. We do not represent the artists, or their artworks offered for sale. The submitters of any such artworks warrant and represent that they 1) are the artists and authors of the artworks, or 2) have express written permission to submit and display the works from the owners of the copyright. You agree and acknowledge that TERAVARNA will be held liable by You or others for copyright violation arising out of any such misrepresentation.

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Compliance

By using our Website, You acknowledge and agree that any use, purchase, distribution, promotion, advertising, or sale of artworks adhere to all regulations and laws that govern them. You further acknowledge and agree that We provide only a medium of communications between art sellers and art buyers, and any resulting transactions remain outside the scope and control of our Website. We do not review, evaluate, price, assess, or verify any of the conditions or price advertised by the seller on Our Website. Likewise, You acknowledge and agree that You do not hold Us responsible for any type of offers, negotiations, and transactions. All local laws, acts, statutes, ordinances, rules, and regulations pertaining to the sale of such artworks remain in effect. You acknowledge and agree that You will comply with all such applicable laws, and at all times defend, indemnify, and hold TERAVARNA and others related to Us, including but not limited to our stakeholders, members, partners, directors, employees, agents, officers, advisors, subsidiaries, affiliates, and successors harmless from, and against, any and all causes of actions, lawsuits, claims, demands, judgments, orders, liabilities, losses, damages, awards, penalties, fines, costs, and expenses. These may include, but are not limited to, reasonable legal or attorney’s fees directly or indirectly associated with Your use of Our Website for the viewing, offering, negotiating, purchasing, selling, and distributing of any product, and any contravention or alleged contravention of any law by You. We do not guarantee that artworks advertised on Our Website are appropriate to be displayed in all countries, regions, or territories. Accessing the Website is solely by the discretion and initiative of the visitor, and We do not assume responsibility for non-compliance with any applicable local or regional laws.

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Release

In no event will TERAVARNA be liable to You for any damages arising directly or indirectly from the use of the Website, whether consequential, exemplary, incidental, punitive, or lost profits, even when TERAVARNA has been advised beforehand of possibilities of such direct or indirect damages. In the event of disputes arising directly or indirectly from Your use of Our services and Website, You hereby release TERAVARNA, including our stakeholders, members, partners, directors, employees, agents, advisors, officers, subsidiaries, affiliates, successors from any and all causes of actions, lawsuits, claims, demands, judgments, orders, liabilities, losses, damages, awards, penalties, fines, costs, and expenses, whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, or in any manner related to, such disputes. If, notwithstanding the provisions outlined in this agreement, TERAVARNA is found to be liable for any damage or loss arising out of, or connected with, your use of the Website, Our liability, under no circumstances, will exceed USD 50.

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Sellers

On Our Website, artists, art galleries, dealers, and private collectors may list, interact, and inquire about, artworks that may be altered, changed, replaced, modified, recreated or removed at any time. The listings of artworks on Our Website is made by direct submissions from registered and unregistered members of TERAVARNA. We cannot guarantee or control the conditions specified in those submissions, or that buyers and sellers will comply with all applicable laws. If You are a seller or prospective seller on our Website, You are solely responsible for maintaining the security, privacy, and confidentiality of Your login information, including passwords, account information, website and browsing history, network, software, and database.

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Use of Images

By submitting Your images to TERAVARNA, You agree and acknowledge that You expressly permit Us to use them on Our Website and its advertising, promotion, and sales, including those on social media platforms, or those that have been purchased and sold in the past on Our Website. Your image submissions to TERAVARNA may be used by Us on our Website and Your participation permits Us to use those images indefinitely as a permanent fixture on Our Website.

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Cancellation / Refund Policy

TERAVARNA advertises artworks through competitions and exhibitions which We normally make available within a period of time after submission. We work on behalf of artists and contributors by displaying artworks as purchased advertisements and subscriptions. As such, We cannot refund you the fees paid towards any art submission for purposes of competitions and exhibitions. You acknowledge and agree that all submissions and payments made are final. If there is a technical issue arising from Our running of the Website, the seller of the artworks may be entitled to a refund within 24 hours from the time of submission. Please contact Us at info@teravarna.com for all refund inquiries. 

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Links to Third Party Websites / Third Party Services

TERAVARNA may contain links and hyperlinks to other Websites ("Linked Websites"). The Linked Websites are not under Our control, and We are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. TERAVARNA is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Our Website or any association with its operators. Under no circumstance will We be held liable or responsible for any loss or damage from the content, material, resource, or service, directly or indirectly associated with these links, including those that might list or link TERAVARNA within their URL’s but are controlled and operated by independent artists and their representatives. We urge You to carefully read and understand these sites’ legal notice and terms and conditions of use. By using these links, You agree and acknowledge that You are solely responsible for any risk involved therein. While using any of Our product, service, or functionality originating from the  domain, You hereby acknowledge and consent that TERAVARNA may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

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Termination

TERAVARNA strives to ensure that Our Website and the services We offer function flawlessly and without interruption or hindrance in a safe and secure manner. We, at our sole and absolute discretion, reserve the right to limit, suspend, terminate, prohibit, or block specific user accounts access to Our Website, and may arrange, modify, or remove hosted content, listings, advertisements, and images, from users We believe may have exhibited unlawful conduct, abuse, misuse, or interference with the functioning of Our Website. We further reserve the right to pursue any and all forms of legal remedies and actions if or when We suspect such activities have taken place. Unconfirmed accounts, accounts with minimal activity, or accounts with which We have not been able to establish communication after reasonable attempts at doing so, may also be canceled or terminated at Our sole discretion.

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TERAVARNA reserves the right, in its sole discretion, to terminate Your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of, or relating to, the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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You agree that no joint venture, partnership, employment, or agency relationship exists between You and TERAVARNA as a result of this agreement or Your use of the Website. The performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TERAVARNA's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website or information provided to, or gathered by, Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the spirit and intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TERAVARNA with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Us with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

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Communications

Visiting  or sending emails to TERAVARNA constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

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You agree and acknowledge not to post or transmit any materials that may be deemed as unlawful, libelous, threatening, obscene, scandalous, defamatory, inflammatory, pornographic, profane, harassing, or encourage conduct by You or others that may be considered criminal, or lead to civil liability, or potentially violate the law. TERAVARNA will fully cooperate, including but not limited to, disclosing any communication You may have had with Our Website or with others, to identify You or to help to identify You to any law enforcement officials, per any applicable local and international law, or as a result of a court order or governmental request.

Communications You transmit to the Website by any electronic or other means, including questions, comments, remarks, testimonials, suggestions, recommendations, and the likes, may be treated by Us as public, non-confidential, and non-proprietary. TERAVARNA will be free to use any ideas, concepts, procedures, and methodologies, know-hows, or techniques You communicate in any manner necessary for development, marketing, and publication purposes. You agree and acknowledge by the use of Our Website that such communications may not remain confidential and may be used by Us without compensation to You or any other related and involved parties.

No compensation will be paid with respect to the use of Your Submission, as provided herein. TERAVARNA is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Our sole discretion. 

By posting, uploading, inputting, providing or submitting your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input Your Submissions. 

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The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

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By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

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TERAVARNA has no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

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TERAVARNA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. TERAVARNA does not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaim any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not Our authorized spokespersons, and their views do not necessarily reflect those of Our Website. 

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Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload such materials. 

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TERAVARNA does not claim ownership of the materials You provide on  (including feedback and suggestions) or post, upload, input or submit to any TERAVARNA Website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting TERAVARNA, Our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Your name in connection with Your Submission.

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Indemnification

You agree to indemnify, defend and hold harmless TERAVARNA its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Website or services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TERAVARNA reserves the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses. 

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Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

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Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and TERAVARNA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

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International Users

The Service is controlled, operated, and administered by TERAVARNA from our offices within the USA. If You access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TERAVARNA Content accessed through http://www.ArtShowInternational.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

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UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED 

This Website will be governed and construed, and Your use of the Website will be deemed acceptance of and consent to, the laws of the State of California, and to the extent applicable, to the laws of the United States of America, without regard to principles of conflict of laws. This Website may be viewed internationally even though availability of all products and services may not be available in all countries, regions, and territories. TERAVARNA is under no obligation to make any product or service available in those locations, and any implied or expressed offer made on this Website is automatically void where prohibited. You agree and acknowledge that any information You provide may be transferred to and retained by TERAVARNA in the United States, which may be outside of Your own country, region, or territory. TERAVARNA will make all reasonable efforts to safeguard confidentiality of personal information collected but will not be liable for deliberate or accidental disclosure of such personal information due to technological errors or unauthorized acts of third-party actors.

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Marketplace

The ‘Marketplace’ section of TERAVARNA (hereinafter referred to as “us,” “we,” “our,” or “the gallery”) has been designed to create a connecting bridge between the artists (hereinafter referred to as ‘Seller’) and interested art collectors, (hereinafter referred to as ‘buyer’), and enable them to discover new sellers and buy artworks or other items (hereinafter referred to as ‘product.’) 

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The terms and conditions stated further shall define the boundaries of every sales contract that is entered into via the official TERAVARNA website. Every seller interested in putting their work up for sale shall have to unconditionally agree to the laid conditions to be able to claim their rights to the sales contract. Every potential buyer interested in buying any product from the buy and sell section on our website shall have to unconditionally agree to the laid conditions to be able to claim their rights to the sales contract. 

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We are just a medium allowing the buyers and sellers to enter into a sales contract, and unless otherwise mentioned specifically, we are not a reseller of these products, thus by extension, we are also not a party to any contract entered between the two parties for the purchase of any item from our official website. 

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Unless otherwise mentioned, every product listed for sale is directly an offer from the seller to the buyer. Hence, we do not take any responsibility for transferring the ownership of such products from the seller to the buyer. A seller is solely responsible for transferring the physical possession as well as the ownership of products they list for sale.

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Any person who wishes to become a buyer or a seller at our Marketplace must have attained 18 years of age. A minor shall not be allowed to enter into a contract for the sale or purchase of any item on our website. 

 

Any party acting as a representative on behalf of either the buyer or the seller must be legally authorized to take such actions and we shall take no responsibility in case of any misrepresentation.

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All interested sellers shall have to undergo a mandatory registration process as described, followed by express written permission before becoming eligible to sell any product on our website. The registration process shall include verification of identity, description of the product to be listed for sale, and confirmation concerning the originality of such product and the seller’s rights to sell it. At the sole discretion of TERAVARNA, the seller may also be asked to provide additional information or documents for availing the seller services from the gallery. 

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As per the circumstances, we retain the right to demand additional information from a buyer in order to successfully execute a transaction. In cases where the buyer fails to provide the requisite information, we hold the final right to cancel a transaction or hold it if it has not been processed yet.

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It is the responsibility of the parties involved to thoroughly read and understand the terms and conditions pertaining to the buy and sell services offered by us. Any incident that occurs due to a lack of knowledge of these terms and conditions on behalf of either party shall not give them any right to hold TERAVARNA responsible for any losses incurred in any manner. 

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The products displayed under the buy and sell section are subject to availability. If, in case, they are not available for purchase anymore, interested buyers can reach out to our team. We will normally respond within the next 3-5 business days.

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A seller shall be responsible for providing correct information about every product they offer for sale on our website. If the information provided is found to be false, the seller shall be solely responsible for compensating any loss that is incurred to the gallery or any potential or existing buyer. The gallery shall not take any responsibility for such misinformation or false representation from the seller, be it intentional or otherwise. 

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Every product displayed for sale shall also be accompanied by all the relevant information associated with the product. We shall not be responsible for any losses incurred owing to the negligence of the buyer if they fail to thoroughly read the associated information. 

 

To place a successful order, the buyer shall be required to make payments for the purchase as displayed on the checkout page. It may take up to 48-72 hours to process and authenticate the payment. An order placement shall only be considered successful after successful processing of the payment.

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In order to facilitate a sale, we might at our sole discretion, help in establishing communication between a seller and a buyer or a prospective buyer. However, this is only to help facilitate communication between the interested parties and any such facilitation will not make us a representative or an agent of either party for any reason whatsoever. 

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As an act of good faith and at our sole discretion, we may choose to offer intermediary services between buyers and sellers, in terms of dispute resolution or any other consumer service as required. However, the parties must remember that we are not obligated to offer any such services, and if we choose to do so, it shall solely be out of the intention of helping parties resolve their disputes and settle on mutually agreeable terms. The aforementioned intermediary services shall only be provided on issues related to the interpretation of our policies and our decision shall be final and binding on all parties, nor can it be appealed, challenged, or reversed. 

 

As a marketplace, we only bring together parties interested in buying and selling products listed on our website, and this in no way implies that we represent them or their behavior, character, policies, or practices, whether online or offline. This also includes warranties in relation to the parties holding their end of the bargain while buying or selling any product from our website. 

 

As a facilitating marketplace, we reserve the right to de-list or refuse to list, delay, or suspend the listing of any product at any time. This action shall not make us liable to any of the sellers in any manner whatsoever. 

 

Subject to our contract with registered sellers, we may receive a commission from them. 

 

The price of every product listed for sale shall be displayed in USD, inclusive only of the applicable taxes. If there is any delivery fee or packing charges applicable, the same shall be displayed separately during checkout.

 

The packing charges of a product shall depend on the type of product, its dimensions, size, weight, and the location of delivery.

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To place an order, the buyer shall have to make full payment, and only after successful completion of payment shall the transfer of ownership be initiated by the seller. In case the buyer fails to make a full payment, the purchase order shall stand to be canceled, the item shall be put back for sale on our website and the payment shall be refunded to the buyer, minus any fees and expenses assessed due to such delay and/or cancellation.

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The delivery of a product ordered shall be made at the address provided by the buyer. The delivery address cannot be changed once an order has been packed for shipment post a successful order placement.

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The delivery shall be attempted by our chosen delivery partners and not by us directly. Hence. it shall be the responsibility of the buyer to inform the service provider of the time and schedule of delivery if they have any special instructions. 

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It shall be the responsibility of the buyer to check the quality of the item as soon as it is delivered in order to raise any concern with us over the condition of the item within 72 hours of delivery.

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The payment process towards the seller shall start 72 hours after the successful delivery of the product has passed and the buyer has not raised any concern over the quality of the item delivered or any other similar concern. 

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If in case the product ordered does not arrive, is damaged at arrival, or is deemed to be different from the description provided on the website, the buyer shall have to report this within 72 hours of delivery along with detailed images of the concerned item. In the instance of such a report, our team shall work with the buyer to provide them with the best possible solution, including a full refund, if applicable. No assistance shall be provided after 72 hours have passed from the time of delivery.

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Changes to Terms

TERAVARNA reserves the right, in its sole discretion, to change the Terms under which the Website s offered. The most current version of the Terms will supersede all previous versions. TERAVARNA encourages You to periodically review the Terms to stay informed of our updates.

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Contact Information 

TERAVARNA ART GALLERY welcomes your questions or comments regarding the Terms: 

Los Angeles, California, USA

Email Address: info@teravarna.com