Buy Sell Art Paintings Items Online | Art Auction in Dubai

Terms

Terms and Conditions

Below is the legal framework within which we operate. By using this web site, you are deemed to have agreed on the terms and conditions specified
hereunder when registering, bidding or selling at artattakgallery.net

Eligibility of Membership

Art Attack Gallery is only available to people who are legally able to form binding contracts as sellers/buyers of auction items.

People who are under the age of 18 are not eligible for membership.

If you do not meet these requirements, you are not eligible to use our auction services.

Article 1

Definitions

"auction.artattakgallery.net" (hereafter refered as artattackgallery.net) is the interactive on-line auction service on the World Wide Web of the Internet, consisting of auction services and content provided by artattakgallery.net, affiliates of artattakgallery.net and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of artattakgallery.net.

Article 2

Your Transactions and Obligations

As a user, you may Buy and/or sell (conditional) merchandise using artattakgallery.net.

As a Buyer, you know that placing a bid is a binding contract between you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part.

If you place a bid and you win, you will be obligated to buy the product at the price you indicated in your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most countries and states, and you might be prosecuted.

Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction or use the Buy It Now feature. Art Attack Gallery's requires buyers to pay the seller for the items that they commit to purchase.

Sellers can file a no Sell dispute with Art Attack Gallery for each of their items that are purchased but not paid for. Art Attack Gallery will issue a strike on the account of the buyer who does not honor their obligation to pay (unless the buyer and seller mutually agree not to complete the transaction).

As a seller, the item that you place up for bids must be real. Pre-sales are excepted as long as the item is so noted prominently.

Once a bid has been placed for your item, you are being placed in a binding contract with the potential buyer of the product. If that bid ends as the highest bid and the auction closes with reserve price met.You are obligated to sell that product to the potential buyer.

Sellers automatically enter into a legally binding contract to Sell the item to the Buyer if they win the online auction or use the Buy It Now feature. Art Attack Gallery's policy requires sellers to complete the transaction for the items they commit to sell.

Buyers can file a no Sell dispute with Art Attack Gallery for each of the items that are purchased but not delivered. Art Attack Gallery will issue a strike on the account of the seller who does not honor their obligation to sell (unless the buyer and seller mutually agree not to complete the transaction).

If the reserve price is not met, you are not obligated in any way to sell this item at all. As a seller, you cannot in any way bid on your own items. If found or reported, your auction will be deleted.

Article 3
General

(A) This Agreement, which incorporates by reference other provisions applicable to use of artattakgallery.net, including, but not limited to, supplemental terms and conditions set forth in paragraph 15 hereof ("Supplemental Terms") governing the use of certain specific material contained in artattakgallery.net, sets forth the terms and conditions that apply to use of artattakgallery.net by Subscriber. By using artattakgallery.net (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use artattakgallery.net is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password.

(B) artattakgallery.net shall have the right at any time to change or discontinue any aspect or feature of artattakgallery.net, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Article 4
Changed Terms

artattakgallery.net shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of artattakgallery.net, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on artattakgallery.net, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of artattakgallery.net by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

Article 5
Equipment

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of artattakgallery.net and all charges related thereto.

Article 6
Subscriber Conduct

(A) Subscriber shall use artattakgallery.net for lawful purposes only. Subscriber shall not post or transmit through artattakgallery.net Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without artattakgallery.net's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in artattakgallery.net's discretion restricts or inhibits any other Subscriber from using or enjoying artattakgallery.net Interactive will not be permitted. Subscriber shall not use artattakgallery.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with artattakgallery.net.

(B) artattakgallery.net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of artattakgallery.net are copyrighted as a collective work under the country-region of United Arab Emirates copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of artattakgallery.net and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on artattakgallery.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of artattakgallery.net, Subscriber automatically grants, or warrants that the owner of such material has expressly granted artattakgallery.net the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants artattakgallery.net the right to edit, copy, publish and distribute any material made available on artattakgallery.net by Subscriber.

(D) The foregoing provisions of Section 6 are for the benefit of artattakgallery.net, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Article 7
Disclaimer of Warranty; Limitation of Liability

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF artattakgallery.net INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER artattakgallery.net, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT artattakgallery.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF artattakgallery.net, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH artattakgallery.net.

(B) artattakgallery.net IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT artattakgallery.net IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL artattakgallery.net, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A artattakgallery.net AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE artattakgallery.net. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON artattakgallery.net

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, artattakgallery.net, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED artattakgallery.net, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, artattakgallery.net, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION

Article 8
Monitoring

artattakgallery.net shall have the right, but not the obligation, to monitor the content of artattakgallery.net, to determine compliance with this Agreement and any operating rules established by artattakgallery.net and to satisfy any law, regulation or authorized government request. You may not sell illegal merchandise, including pirated software and music, firearms, adult videos, or anything that is affiliated with pornography, or anything that contradicts with U.A.E laws. Items posted for bidding are subject to review by the staff of artattakgallery.net, and may be removed without prior notice, if in violation of this agreement or any other binding Dubaiauctionhouse agreement mentioned herein. artattakgallery.net shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on artattakgallery.net. Without limiting the foregoing, artattakgallery.net shall have the right to remove any material that artattakgallery.net, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Article 9
Indemnification

Subscriber agrees to defend, indemnify and hold harmless artattakgallery.net, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of artattakgallery.net by Subscriber or Subscriber's Account

Article 10
Termination

artattakgallery.net may terminate this Agreement at any time. Without limiting the foregoing, artattakgallery.net shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which artattakgallery.net, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 6(B), 6(C), 6(D), 7, 9, 11and this Section 10 shall survive termination of this Agreement.

Article 11
Trademarks

artattakgallery.net's logos are trademarks of artattakgallery.net and any of its subsidiaries. All rights reserved. All other trademarks appearing on artattakgallery.net are the property of their respective owners.

Article 12
Third Parties

artattakgallery.net is not the seller in the actual transaction between Third Parties/Certified Merchants and buyers and is not the agent of either for any purpose, artattakgallery.net does not have the duty to resolve any disputes between participants related to or arising out of any such transaction. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of artattakgallery.net, are those of the respective author(s) or distributor(s) and not of artattakgallery.net. Neither artattakgallery.net nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through artattakgallery.net represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with artattakgallery.net. artattakgallery.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on artattakgallery.net by anyone other than authorized artattakgallery.net employee spokespersons while acting in their official capacities. Under no circumstances will artattakgallery.net be liable for any loss or damage caused by a Subscriber's reliance on information obtained through artattakgallery.net. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through artattakgallery.net. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Article 13
Miscellaneous

This Agreement and any operating rules for artattakgallery.net established by artattakgallery.net constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Article 14
Copyrights and Copyright Agent

artattakgallery.net respects the rights of all copyright holders and in this regard, artattakgallery.net has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide artattakgallery.net's the following information required to forward the matter to the respective authorities.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Article 15
Supplemental Terms

artattakgallery.net respects the rights of all copyright holders and in this regard, artattakgallery.net has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide artattakgallery.net's the following information required to forward the matter to the respective authorities.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.