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Welcome to Freshly Baked Gallery (the "Site"). These terms and conditions (‘the Terms’) of use of freshlybaked.gallery (‘the Site’) describe the relationship, rights and responsibilities between you (‘your’, ‘the User’, ‘the Customer’), ‘the Artist’ and/or Freshly Baked Gallery (‘we’, ‘our’, ‘us’). Please review the following Terms and Conditions that govern the use of the Site (the "Agreement"). Please note that the use of freshlybaked.gallery constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Freshly Baked Gallery reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the freshlybaked.gallery web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, it is strongly recommended that you review these Terms and Conditions whenever you use this web site.
All of the content you see, hear and interact with on the Freshly Baked Gallery web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Freshly Baked Gallery, one of its affiliates or by third parties who have licensed their materials to Freshly Baked Gallery. The entire content of the site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content for commercial use is prohibited under this law. The content of the Freshly Baked Gallery web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice without our prior written consent. No right, title or interest in any content or materials is transferred to you as a result of any such activities. Freshly Baked Gallery reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Freshly Baked Gallery.
User Comments, Feedback and Other Submissions
All comments, feedback, reviews, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Freshly Baked Gallery on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Freshly Baked Gallery. Such disclosure, submission or offer of any such 'Comments' shall constitute an assignment to Freshly Baked Gallery of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any 'Comments'. Thus, Freshly Baked Gallery will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any 'Comments'. Freshly Baked Gallery is and shall be under no obligation (1) to maintain any 'Comments' in confidence; (2) to pay to user any compensation for any 'Comments'; or (3) to respond to any user 'Comments'. You agree that no 'Comments' submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no 'Comments' submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Correction of Errors and Inaccuracies
Information on the Freshly Baked Gallery web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologise for any inconvenience this may cause you.
In the event a Freshly Baked Gallery product is listed at an incorrect price due to a typographical error or systems error, Freshly Baked Gallery shall have the right to refuse or cancel any orders placed for a product or products listed with an incorrect price. Freshly Baked Gallery shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Freshly Baked Gallery shall issue a refund to your credit card in the amount of the incorrect price.
We have done our best to display as accurately as possible the colours of the products shown on the Freshly Baked Gallery web site. However, because the colours you see will depend on your individual hardware/software configuration/calibration, we cannot guarantee colour accuracy on the site.
Representation of original artwork
We use high resolution digital photography to exhibit and offer represented works for sale on the Site. In many instances we rely on the exhibiting artist (‘The Artist’) to provide such photography and in these instances The Artist is provided with stringent guidelines for how their imagery must be produced for exhibition on the Site; ensuring imagery is being output to a common standard. In doing so, Freshly Baked Gallery seeks to achieve the best possible digital representation of the physical Work(s).
There are variables beyond our control however, that can affect the accuracy of the ‘impression’ of art offered for sale to the User. These are predominantly related to the hardware and software configurations of the User; everyone’s computer is different and has unique software configurations. As such, perceivable image colouring can vary slightly from one computer to the next.
Some colours (e.g. reds and fluros) and finishes (e.g. metallics) are difficult to photograph. The Artist(s) are made aware of these difficulties by Freshly Baked Gallery prior to creating their Works. If the User chooses to purchase a work of this nature from the Site, they accept that there may be some discrepancy between the colours in the digital images of item/s for sale and the Goods received
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. Freshly Baked Gallery may terminate these terms and conditions, or any one of them, without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Indemnification, shall survive any termination.
The Site and services are intended for people aged 18 and above. Some material may be considered offensive to minors so the Gallery restricts minors from using or making transactions on the site. By using the site, you represent that you are at least 18 years of age.
The Customer can make payment for the Goods at the checkout with a credit card through our payment partner ‘Stripe’ (.com) or Paypal. All credit card (MasterCard, Visa, and Amex) payment transactions are processed in US Dollars.
No order may be cancelled, modified or deferred without the prior written consent of Freshly Baked Gallery (which is at Freshly Baked Gallery’s sole discretion).
Freshly Baked Gallery may give notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Freshly Baked Gallery account information.
You agree to indemnify, defend, and hold harmless Freshly Baked Gallery, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, Freshly Baked Gallery may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Freshly Baked Gallery, Freshly Baked Gallery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Freshly Baked Gallery. Freshly Baked Gallery has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. The presence of Links is not an endorsement of the linked sites, their contents or products. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Freshly Baked Gallery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
Use of Site
Harassment in any manner or form on or of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Freshly Baked Gallery or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organisation.
Enforcement of Terms and Conditions
By accessing and using the Freshly Baked Gallery web site, you agree that your access to and use of the Freshly Baked Gallery web site is subject to these Terms and Conditions, as well as all applicable laws.
All trademarks reproduced in this website, which are not the property of, or licensed to the Freshly Baked Gallery, are acknowledged on the website and are the property of their respective owners. These may not be used unless authorised by the trademark owner.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics contained in the content and design of the Site. Reproduction is strictly prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
The contents of the Site, including but not limited to, the concept, text, images, design, and logo are protected by copyright and are owned by Freshly Baked Gallery or Artist(s) or other third parties. Unauthorized use of the Materials may violate copyright, trademark, and other laws.
No image or information displayed on this site may be reproduced, transmitted or copied (other than for the purposes of private research and study as defined by section 40 of the Copyright Act 1968) without the copyright holder’s permission. Any authorized use must clearly identify the creator of the work and the citation must include the general source 'Freshly Baked Gallery’ website: www.freshlybaked.gallery’.
All other uses of the content of this site require Freshly Baked Gallery’s express permission and/or permission of the copyright owner (where applicable). Requests for publication of any information, images or content of this Site or publications in any form should be made in writing to Freshly Baked Gallery who will request same from the copyright holder. Applications for authorised use must be made to firstname.lastname@example.org.
You may not use the content for any purpose other than as specified above without the express written consent of Freshly Baked Gallery and the relevant copyright holders.
Enforcement of Terms and Conditions
By accessing and using the Freshly Baked Gallery web site, you agree that your access to and use of the Freshly Baked Gallery web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the United States of America.
ACCESS TO THE THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FRESHLY BAKED GALLERY DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRESHLY BAKED GALLERY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESHLY BAKED GALLERY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
THE FOLLOWING LIMITATIONS APPLY TO ALL CLAIMS AGAINST FRESHLY BAKED GALLERY ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT OR ACTIVITIES CONTEMPLATED BY IT, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. FRESHLY BAKED GALLERY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FRESHLY BAKED GALLERY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ACTIONS THAT THE ORGANIZATION, ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR PERMITTEES TAKE OR OMIT TO TAKE WITH RESPECT TO CONTENT OR APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Freshly Baked Gallery welcomes your feedback! Please tell us when we exceed your expectations and equally important, tell us when we fall short, and how we could better serve you. You can get in touch by emailing us at email@example.com. In providing feedback, you acknowledge that any feedback becomes the sole and exclusive property of Freshly Baked Gallery to use at our sole discretion.