Privacy and Terms
Published: September 30, 2015
INFORMATION EXPLICITLY PROVIDED
User Generated Content
Any User Content you voluntarily disclose for other users to view on the Site is not Personal Information. It becomes publicly available information and can be read, collected, redistributed or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion.
INFORMATION AUTOMATICALLY COLLECTED
We may collect data regarding your Internet browser and the IP address of your computer or other device you use to access the Site, which may be used to personalize our services for you as well as to generate aggregated, non-identifying information about the use of the Site. Our systems also automatically record certain information about how each visitor uses and interacts with the Site, such as but not limited to recording page views, time spent on pages, profile settings, search terms entered, bounce rate, referring website, and other information. We may use third party applications and services such as Google Analytics to help us analyze and process such data, in which case such data will be provided to such third parties in aggregated, non-identifying form.
If you do not want to have cookies placed on your computer, you can set your browser to refuse or remove cookies by following the instructions in your browser's "help" file. However, doing so will limit system performance, may not allow you to take advantage of certain features on our Site and even cause certain features of the Site to malfunction.
HOW WE USE YOUR INFORMATION
• We may share your information with selected vendors and business partners with whom we work ("Service Providers"). These Service Providers provide functions on our behalf such as fulfillment, shipping, credit card processing, data and tracking analysis, customer service, market services, etc. in order to complete the transactions and offer you the best service our Site.
• We may use your personal and transactional information internally for our business purposes, including among other things, to offer our own, our affiliates' or third-party products and services that we think you may find of interest. We may use your email address to contact you to respond to your customer service inquiries. You can elect not to receive emails from by unsubscribing to our emails or by contacting us as indicated below.
We only reveal Personal Information to unaffiliated third parties if:
• you request or authorize it;
• the information is provided to help complete a transaction for you;
The security of your Personal Information is important to us. On our end, we limit employee access to sensitive Personal Information to a need-to-know basis, we do not store any clear text passwords, and we utilize strong encryption to protect your Personal Information online. That said, due to the possibility of hardware or software failure, unauthorized entry or use, and other factors, we can’t guarantee the absolute security of information on our systems.
THIRD PARTY WEBSITES
We may offer links to the websites of other companies but we are not responsible for the privacy practices of any third parties or the content of linked sites, nor are we responsible for how these other companies collect, use, disclose or secure the information you provide them. If you choose to access a third party website linked to or from our Site, you do so at your own risk. We do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.
If you have any questions or suggestions with respect to this policy, or if you wish to ask us to delete, correct, or show your information or original content at anytime, simply send us a message through our Contact form.
Published: December 15, 2015
USE OF THIS SITE
The Site is available to users 18 years and older, who are residents of the United States. You represent that you are a resident of the United States of America and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account; you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content it its sole discretion for any reason at any time including as a result of a violation of these Terms. Accounts are void where prohibited by law.
CoCo Gallery and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will CoCo Gallery be held liable for any damages due to such interruptions or lack of availability.
As between you and CoCo Gallery (or other company whose marks appear on the Site), CoCoGallery is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by CoCo Gallery. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of CoCo Gallery. Such trademarks, service marks and trade names may be registered in the United States and internationally. Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
If you post, exhibit or upload any User Content on the Site or otherwise provide any User Content to CoCo Gallery, as a member of our artist network (this does not include the content you upload or transmit to apply for an invitation to join our network), you:
• grant us a non-exclusive, royalty-free, sub-licensable through multiple tiers, perpetual, irrevocable, worldwide right and license to use, reproduce, distribute, modify, translate, create derivative works from, publish, publicly perform and publicly display such User Content and any names, likenesses or trademarks depicted in such User Content, in any media now known or later developed, only for the purposes of developing, promoting and providing the Site;
• you represent and warrant that you have all necessary rights to grant us this license and that such User Content does not and will not violate or contribute to the violation of any third party rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights; and
• you agree to waive any claims against CoCo Gallery arising from the use of such User Content by us or any third party and based on any copyrights, moral rights, trademark rights, privacy rights or publicity rights you may have in connection with such User Content.
AVAILABILITY POLICY FOR ARTISTS
As a member of our artist network, you agree to be contacted by CoCo Gallery about potential commissions. You agree to consent to be considered for a commission request only if i) you believe yourself to be a good fit for and can complete the commission in the suggested time frame ii) are willing to work with CoCo Gallery and Client to determine project specifications; and iii) abide by the contractual terms between you and Client and you and Coco Gallery, iv) you must be available to accept that commission request for up to two weeks from the time you were contacted for potential fulfillment of that request.
You acknowledge and agree that for 36 months from the time you identify or are identified by any party through the Site, you must use the Site as your exclusive method to request, make, and receive all payments for any services directly or indirectly provided to or received from that party or arising out of your relationship with that party.
CoCo Gallery files sales tax for all purchases made in the state of New Jersey, where the company has a physical presence. In all cases, the CoCo Gallery will provide artists with a resale certificate to exempt them from filing sales tax themselves. However, we recommend that artists understand and abide by the sales tax codes in their own state, as laws may differ from state to state.
The Site may be used only for lawful purposes by individuals using authorized services of CoCo Gallery. You are responsible for your own communications, including the upload and transmission of information, and are responsible for the consequences of their posting on or through the Site. CoCo Gallery specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
• Uploading or transmitting any information which is incomplete, false, inaccurate or not your own;
• Using the Site or the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements, and you will not "stalk" or harass any other User of the Site and the Services, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a client or an artist. Attempt to Copy or Resell the Services:
• Trying to reproduce the Site or otherwise try to exploit any part of, use of, or access to the Services.
• Impersonating another person;
• Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
• Uploading or transmitting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Uploading or transmitting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Uploading or transmitting material that infringes on any other intellectual property, privacy or publicity right of another;
• Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
• Attempting to interfere in any way with the Site's or CoCo Gallery’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
• Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses
• Abusing special discounts, awards or incentives offered by CoCo Gallery. Unless otherwise specified, only one offer is value per person, maximum two per household.
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you become aware that material appears on this site in violation of a copyright please notify us through our Contact form.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
THIRD PARTY WEBSITES
The Site may include links to other websites (such as Twitter, Facebook, Pinterest, and Tumblr) that we do not own or control and features that allow you to use third party social media services. Your use of third party websites or services is exclusively at your own risk and may be subject to the policies of those websites or services. Links to and from the Site do not mean that we endorse or are associated with any third party website or service or any Content accessible on any other website or service. We are not liable or responsible for any claim, loss or damage arising from your use of any third party website or service accessed in connection with the Site.
We are not responsible for monitoring any communications or Content on the Site and we are not involved in user-to-user interactions. We cannot always identify every user and cannot guarantee that any user is who they claim to be. It is your responsibility to be careful when interacting with other users and you acknowledge that despite the restrictions in this Agreement, others may use the Site in a way that is deceptive, fraudulent, harmful, offensive or illegal. We make no representation or warranty with regard to the conduct or Content of any third party using the Site.
You agree to release CoCo Gallery and our officers, directors, agents and employees from any claims, demands, disputes or liabilities, of any kind or nature, arising in any way from the use of the Site by any other CoCo Gallery user or third party, including but not limited to any claim arising from any interaction or transaction between you and any other CoCo Gallery user.
You agree to defend, indemnify and hold CoCo Gallery, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. VANGO MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
COCO GALLERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. VANGO IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COCO GALLERY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF VANGO TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COCO GALLERY OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF COCO GALLERY.
You agree that the laws of the state of New Jersey, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with CoCo Gallery relating in any way to your use of the Site resides in the state and federal courts of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New Jersey. In addition, you expressly waive any right to a jury trial in any legal proceeding against New Jersey its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
The Terms constitute the entire agreement between you and CoCo Gallery and govern your use of the Site, superseding any prior agreements between you and CoCo Gallery. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. You agree that no joint venture, partnership, employment, or agency relationship exists between CoCo Gallery and you as a result of this Agreement or your use of the Site.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Any claim or cause of action you may have with respect to CoCo Gallery must be commenced within one (1) year after the claim or cause of action arose. The Terms inure to the benefit of CoCo Gallery's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please write to us through our Contact form.