Terms of Service
These terms and conditions outline the rules and regulations for the use of Plogix Gallery's Website, located at plogix.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Plogix Gallery if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Plogix Gallery is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Plogix Gallery
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
Unless otherwise stated, Plogix Gallery and/or its licensors own the intellectual property rights for all material on Plogix Gallery. All intellectual property rights are reserved. You may access this from Plogix Gallery for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Plogix Gallery
Sell, rent or sub-license material from Plogix Gallery
Reproduce, duplicate or copy material from Plogix Gallery
Redistribute content from Plogix Gallery
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Plogix Gallery does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Plogix Gallery,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Plogix Gallery shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Plogix Gallery reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Plogix Gallery a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Plogix Gallery; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Plogix Gallery. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Plogix Gallery's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
MEMBER TERMS AND RIGHTS
All members must have paid our annual membership fee for any member related activity to take place. Members are responsible to retrieve their own login data from Plogix and make sure all of their artworks are uploaded in order for the artworks to be approved on the gallery and posted on the art sharing accounts accordingly. Members are responsible to continuously communicate with the Plogix team in order to maximise the exposure of their artworks. Each member is encouraged to collaborate and use the member portal to communicate and share the works of other member artists in order to further maximise exposure. Please note, we offer a 100% money back guarantee limited to seven days after a member has been approved and paid the annual member fee. A member must cancel his or her annual contract and provide an email requesting a refund within 7 days of their membership activation. Any requests post our seven day money-back guarantee period will be considered for refunds up to 30 days; nonetheless, it is up to the discretion of Plogix Gallery whether to grant a full refund to requests made post the initial seven day period. All members are eligible to cancel their membership at any time so long as they do so prior to the next payment date.
ONLINE GALLERY TERMS
Plogix Gallery takes a 15% commission from any of the sales above $150 made via our online web gallery. All members submitting their work to the online gallery must accept our terms and conditions of the website inclusive of the following gallery terms: Under no circumstance must a member keep an unavailable or previously sold painting on the gallery. If such painting has been sold via a third-party platform, you must notify our team immediately so that we can remove it accordingly. All listings onto the website must contain the information required by each prior to submission. This also includes the submission of a minimum selling price. All Plogix Artists must make sure to include the shipping price as part of their artwork listing price. Should the seller/member accept the offer from the buyer, the commission is subtracted and the remaining balance is transferred within 3 working days from when Plogix receives the proceeds from the buyer. Once the seller / member receives the proceeds from the sale, the goods / painting(s) must be shipped out within 3 working days. The seller must submit a shipment confirmation number to both Plogix and the buyer as soon as the goods / painting(s) have been shipped out.
SOCIAL PROMOTION TERMS
Plogix Gallery promotes all member artists consistently around 2 times per week on the stories of our social accounts. Plogix takes the latest posts from its members’ Instagram accounts with the Plogix Gallery tags and hashtags and credits them as the artist on each post. Members can also contact Plogix directly if they have a specific work they would like Plogix to share on the stories of its social accounts. Plogix may or may not post member works on the feed of each accounts. If this actionable takes place, Plogix selects works from each member at random and uploads a feed post accordingly on its art sharing accounts. Members who purchase the Promo packages will be consistently promoted on the feeds of the accounts as well as the stories. If a member has a specific request for a post, they can always email us at [email protected] and we our team will review the request and decide whether or not to approve the artwork and upload it on the feed accordingly. At times, Instagram’s faulty glitches may not add the caption, if this happens and you see one of your posts without a reference, please contact us immediately and we will fix this accordingly. Plogix is not to be held responsible should any of these glitches occur; nonetheless, our team continuously strives to make sure these are fixed promptly.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.