Avalene Gallery

Home My Account | Shopping Cart | Site Map

Home | Gallery | Artists | Gifts | About Us | Shipping
home : about us : terms of use

Avalene Gallery Terms of Use

Updated 8/8/2005

Terms of Use

Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services or website.

Avalene Gallery shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at http://www.avalenegallery.com/?TERMS. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Disclaimer

This website is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. All artwork, likeness, and photos on this site are the property of Avalene Gallery and its artists, except where explicitly indicated, and are prohibited from use without express written consent from Avalene Gallery. Images cannot be reproduced, downloaded, or printed without express written consent.

The performance of this website and all information and products contained on, downloaded or accessed from this website, or purchased through this website or as a result of accessing this website, are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Avalene Gallery shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Avalene Gallery reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Avalene Gallery nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Avalene Gallery or such provider has been advised of the possibility of such damages.

Privacy Policy

You acknowledge that you have read and agree to all of the terms and conditions of our Privacy Policy, which is located at http://www.avalenegallery.com/?PRIVACY.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to this website any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Avalene Gallery;
  7. redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  8. intentionally alter the format in which information is provided by us or otherwise circumvent our regular interfaces to such information; and
  9. embed or import any information provided by us into any information services (whether or not web-based), data files or application software, except as except as specifically permitted in writing by Avalene Gallery.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation, artwork, likeness, phtos, and graphics on this site is the copyrighted property of Avalene Gallery and its artists, except where explicitly indicated, and is prohibited from use without express written consent from Avalene Gallery. Images cannot be reproduced, downloaded, or printed without our express written consent. Any rights not expressly granted to you are reserved by us.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaii and the laws of the Untied States of America applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Maui County, Hawaii, USA.

 
 
Home | Gallery | Artists | Gifts | About Us | Shipping
SSL

Avalene Gallery
P.O. Box 1297 Makawao, HI 96768

All artwork, likeness, and photos on this site are the property of Avalene Galleries, Inc. and it's artists, and are prohibited from use without express written consent. Images cannot be reproduced, downloaded or printed without written consent. Copyright © 2017 Avalene Galleries, Inc.

Phone: (800) 580-8891 | (808) 572-8500
Fax: (808) 572-2505
Contact Us

Site best viewed with Internet Explorer 6.0, Firefox, or Safari