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Terms & Conditions
Eligibility
Our services are available only to, and may only be used by,
individuals who can form legally binding contracts under applicable law. Our
services are not available to persons under 16 years of age.
Amendment
to this agreement
We may amend the terms of this agreement from time to time, and we
will let you know about these changes either by sending you an email to the
email address you have registered with gerrbm or by displaying
information about the changes on our home page, or both. Either way, your
continuing use of the website will be taken to be acceptance of the new terms.
Our service
Gerrbm provides a range of services (the gerrbm
service) which, amongst other things, enable you to publish, sell, discuss and
purchase art; interact with other members; and receive the benefits of gerrbm's
facilitation of product fulfilment, including payment processing, customer
services, third party product manufacturing. In addition, gerrbm will
arrange for the deliver of the physical product to your customer.
The digital content on the website (your content) may be information,
text, data, graphics,images, photographs, sound, video, music or any other
material posted online by users. Any content that you upload into the portfolio
section of your account is described as your art.your art may be viewed by all
users of the website once you elect to publish it. You may order a physical
product based on your own art or you may offer your art for sale as part of the
sale of a physical product. If you or a customer decide to place an order, then
gerrbm will forward your instructions to third parties who will
manufacture and ship the physical product in the form specified by you or the
customer (the product).
Passwords
You are responsible for actions made on the website using your
password, including any products purchased or sold and any content displayed or
messages sent, even if these actions were not approved or contemplated by you.
You are solely responsible for any loss caused by any use of your password by
you, or any other person.
You agree that you will not disclose your password to any other
person and you will not keep your password where it can be copied or used by anyone
other than you. If you suspect someone else knows your password, you must
change it immediately.
Putting content on the gerrbm site
You keep the copyright in any content you submit or upload to the
website. In order to receive the gerrbm services you grant gerrbm a
non-exclusive royalty free license to use and archive the content in accordance
with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and
warrant that:
- You own all copyright in the
content, or if you are not the owner, that you have permission to use the
content, and that you have all of the rights required to display, reproduce
and sell the content;
- The content you upload will not
infringe the intellectual property rights or other rights of any person or
entity, including copyright, moral rights, trade mark, patent or rights of
privacy or publicity;
- Your use of the website will comply
with all applicable law, rules and regulations;
- The content does not contain
material that defames or vilifies any person, people, races, religion or
religious group and is not obscene, pornographic, indecent, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable;
- The content does not include
malicious code, including but not limited to viruses, trojan horses,
worms, time bombs, cancelbots, or any other computer programming routines
that may damage, interfere with, surreptitiously intercept, or expropriate
any system, program, data, or personal information; and
- The content is not misleading and
deceptive and does not offer or disseminate fraudulent goods, services,
schemes, or promotions.
Gerrbm reserves the right to review and if in its sole
discretion deemed necessary, remove any content from the website and / or
cancel your account, because that content breaches your agreement with us and /
or any applicable laws, or otherwise. You agree to indemnify gerrbm in
respect of any direct or indirect damage caused due to your breach of one or
more of these warranties.
Purchasing a product on gerrbm
Users can purchase products on the gerrbm website using a
valid credit card or the paypal system.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customers responsibility to ensure the product delivery
address is correct. Gerrbm takes no responsibility for any product a
customer does not receive because of errors in the delivery address given to
us.
We do not warrant, endorse, make representations about or
recommend any content or art offered or provided by any member.
You instruct gerrbm to
cancel incorrect orders
You acknowledge that despite our reasonable precautions, products
may be listed at an incorrect price or with incorrect information or may be
unavailable. This may be due to an error or similar oversight. You acknowledge
that we cannot facilitate an order where such an error exists and hereby
instruct us to cancel such an order and take other action as required.
You authorize us to cancel an order if we believe that it is being
made in contravention of this agreement, or in contravention of the rights of
any person or any law. We may cancel an order even if it has been confirmed and
the customers credit card or paypal account has been charged. We reserve this
right up until the time of delivery of the product to that customer. If a
cancellation of this nature occurs after the customer has been charged for the
product, we will credit the customers credit card or paypal account for the
amount in question.
Reporting
inappropriate content to gerrbm
Gerrbm does not manually screen content before it is
displayed on the website so occasionally members may inadvertently or deliberately
submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content
that infringes the copyright or other intellectual property rights of any
person or company, or that defames or vilifies any person, people, races,
religion or religious group, is obscene, pornographic, indecent, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable. Gerrbm reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content.
Please help us by letting us know straight away about any
inappropriate, or potentially inappropriate, content you see on the website.
You can do this by clicking the "inappropriate content" link that
will be displayed beside each piece of art. If you believe your copyright or
other intellectual property rights are being infringed, you are able to make a
formal complaint by using the processes described in our policy here
Specific
warnings
You must ensure that your access to this website and the gerrbm
service is not illegal orprohibited by laws that apply to you.
You must take your own precautions to ensure that the process that
you employ for accessing this website and the gerrbm service does not
expose you to the risk of viruses, malicious computer code or other forms of
interference which may damage own computer system. We do not accept
responsibility for any interference or damage to any computer system that
arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or
indirectly from a failure to provide the gerrbm service, corruption to or
loss of data, errors or interruptions, any suspension or discontinuance of the gerrbm
service, or any transmissions by others in contravention of the registered
members obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of
other registered members or prevent them acting under false pretenses or in a
manner that infringes the rights of any person.
Intellectual property rights and license
By submitting listings to gerrbm, you grant gerrbm a
non-exclusive, worldwide, royalty-free, sublicense able and transferable
license to use, reproduce, distribute, prepare derivative works of and display
the content of such listings in connection with gerrbm's (and its
successors' and affiliates') services and business in facilitating the sale of
your product, including without limitation for promoting and redistributing
part or all of the gerrbm site (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user
of the gerrbm site a non-exclusive license to access your content through
the site, and to use, reproduce, distribute, and display such content as
permitted through the functionality of the site and under this user agreement.
The above licenses terminate within a commercially reasonable time after you
remove or delete your listings from the gerrbm site. The above licenses
granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the gerrbm
service (including the software and systems underlying the gerrbm
service, and text, graphics, logos, icons, sound recordings and software) are
owned by or licensed to us. Other than for the purposes of, and subject to the
conditions prescribed under relevant copyright and trade mark legislation
throughout the world, and except as expressly authorized by this agreement, you
may not in any form or by any means:
- Use, adapt, reproduce, store,
distribute, print, display, perform, publish or create derivative works
from any part of this website; or
- Commercialize any information,
products or services obtained from any part of this website,
Without our written permission.
If you use any of our trade marks in reference to our activities,
products or services, you must include a statement attributing that trade mark
to us. You must not use any of our trade marks in or as the whole or part of
your own trade marks; in connection with activities, products or services which
are not ours; in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages us or our information, products or services
(including this website).
Disclaimer
We do not represent or guarantee that the gerrbm service or
this website, or any other website that is accessible using a hyperlink from
this website will be free from errors or viruses. We do not represent or
guarantee that access to the gerrbm service or these websites will be
uninterrupted.
You acknowledge that the gerrbm service or this website may
be affected by outages, faults or delays. Such outages, faults or delays may be
caused by factors, including technical difficulties with the performance or
operation of our or another persons software, equipment or systems, traffic or
technical difficulties with the internet or infrastructure failures.
We do not warrant that any members uploads to this website will be
protected against loss, or misuse or alteration by third parties. We do not
warrant that all uploaded content will be available on our website. If we elect
in our sole discretion to make available content on our website, we do not
warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however
caused (including through negligence), that you may directly or indirectly
suffer in connection with your use of this website or any linked website, nor
do we accept any responsibility for any such loss arising out of your use of or
reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that
would otherwise be implied into these terms and conditions is hereby excluded.
Where legislation implies any condition or warranty, and that legislation
prohibits us from excluding or modifying the application of, or our liability
under, any such condition or warranty, that condition or warranty will be
deemed included but our liability will be limited for a breach of that
condition or warranty to one or more of the following, which we may offer as a
gesture of goodwill:
1.
If the breach relates to goods:
o The
replacement of the goods or the supply of equivalent goods;
o The
repair of such goods;
o The
payment of the cost of replacing the goods or of acquiring equivalent goods; or
o The
payment of the cost of having the goods repaired; and
2.
If the breach relates to services:
o The
supplying of the services again; or
o The
payment of the cost of having the services supplied again
This disclaimer set out in these terms and conditions does not
attempt or purport to exclude liability arising under statute if,
General
We accept no liability for any failure to comply with this
agreement where such failure is due to circumstances beyond our reasonable
control.
If we waive any rights available to us under this agreement on one
occasion, this does not mean that those rights will automatically be waived on
any other occasion.
If any of the terms of this agreement are held to be invalid,
unenforceable or illegal for any reason, the remaining terms and conditions
shall nevertheless continue in full force.
You may close your account at any time by logging into your
account, clicking on the hyperlink titled 'cancel account', which appears at
the following address: http://www.gerrbm.com/account/settings,
and by clicking on the button titled 'yes, i'm serious - really, really cancel
my account' that appears on the subsequent web page.
This service may contain translations powered by google. Google
disclaims all warranties related to the translations, express or implied,
including any warranties of accuracy, reliability, and any implied warranties
of merchantability, fitness for a particular purpose and noninfringement.