Check the Site frequently for any changes to these Terms.
Last updated: June, 2021
General and Use of Site
Welcome to The Gramercy Art Show.
Operated by Gramercy Neighborhood Associates and its affiliates (“GAS”, "GAS New York", "GNA", "GNA NYC“, "the show", "the art show", "we,” “us,” or “our”).
GAS offers an expertly curated selection of art in all mediums from local and international artists. Our website and social platforms present visitors with tools to discover, buy and sell art.
Because of Covid, the Gramercy Art Show is an online event from (2021 to 2022). GAS affords the opportunity for independent artists to showcase and sell works in our custom online galleries. Visitors access individual artists' galleries via pages and use links to contact GAS and artists.
How to use this Site
Anyone can browse GAS without purchasing art. Any Visitor under 18 years old has to be accompanied by the adult as a Visitor, as one can encounter art displaying nudity, violence and other sensitive matters. GAS cannot be held responsible for any consequences related to the viewing of any materials by Visitors under 18 years old.
GAS reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that GAS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
1) Disrespecting the privacy or views of other Users;
2) Using GAS, the Site, or the Services for unlawful purposes or to promote any unlawful activities;
3) Impersonating another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users;
4) Transmitting “junk mail,” “chain letters,” or unsolicited mass communication or “spamming”;
5) Submitting a communication or other content that infringes, misappropriates, or encourages infringement of misappropriation of the Intellectual Property Rights of others, or that is obscene, defamatory, harmful, abusive, threatening, or false;
6) Submitting a communication or other content that violates any law or regulation.
Children under aged
Our Services are not intended for use by children, and we do not knowingly or intentionally solicit data from or market to children under the age of 18. GAS reserves the right to delete any child’s information or registration.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any Content. In the event of any permitted copying, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
GAS may also in its sole discretion and at any time discontinue providing the Site, or any part thereof or related services, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that GAS may immediately deactivate or delete your gallery and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that GAS will not be liable to you or any third party for any termination of your access to the Site.
Third Party Sites
We provide these Third Party Sites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.
The content, Site, and Services are protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade secrets, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). You agree to respect any and all Intellectual Property Rights and to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
The exhibitor represents and warrants that the sale, display or performance of Artworks on the Platform is not a violation of any agreement, contract, or obligation owed to a third-party.
Copyright License to GAS
The Seller hereby acknowledges, understands, and agrees that submitting, displaying or offering an Artwork for sale on the Site constitutes an express and affirmative grant to GAS, its affiliates and successors a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Site, or any other purpose related to GAS, including without limitation, the express right to: (i) display or perform the Artwork on the Site, a Third Party Site, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Artwork based on the Artwork for advertising and marketing purposes; (iii) indexing the Artwork in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Artwork within an file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
Sellers expressly represent and warrant that their Artwork listed on the Site contains only original content otherwise authorized for use by the Artist, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use.
Monitoring, Editing and Disclosure of User Material
You agree that GAS has the right, but not the obligation, to monitor communications on the Site or Services at any time for any reason, in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that GAS may establish. Notwithstanding this right of GAS, GAS does not and cannot review all materials posted to the Site or Services by users.
Changes to Conditions
We reserve the right to change these Terms from time to time. A new version of these Terms will be posted on the Site and Members will be notified by email on the same day (“Date of Posting”). The new version of these Terms will take effect:
● Commencing 30 days after the Date of Posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or
● Immediately upon the Date of Posting (or such later date as we indicate in the relevant posting), if the changes are not capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Site and Services of GAS.
Sellers and Collectors are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Site (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
Under no circumstances shall GAS, its subsidiaries, affiliates, employees, directors be liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all Users to maintain their own backup versions of any communications they provide for submission to the Site or Services. GAS disclaims any and all liability for the acts, omissions and conduct of any Users, Artists, Galleries, Collectors, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. GAS is not responsible for the products, services, actions or failure to act of any other third-party in connection with or referenced on the Site or Services.
Indemnity and Release
You agree to release, indemnify and hold GAS and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, any Content, your connection to the Site, your violation of these Terms or your violation of any rights of another.
GAS’s liability for damages under this Agreement shall in all cases be limited to, and under no circumstances shall exceed, the amount of proceeds actually received by GAS arising out of the damage after deducting all costs, fees and liabilities incurred by or on behalf of GAS.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
Transactions operated on the Site, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations may utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the blockchain protocol rules, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Artwork, or lost opportunities to buy, sell or in other way to interact with Artwork. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GAS makes no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, or (iv) the quality of any products, information, or other material purchased or obtained by you through the Site will meet your expectations.
These Terms constitute the entire agreement between you and GAS and govern your use of the Site, superseding any prior agreements between you and GASt with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Applicable Law and Jurisdiction
These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims, you and GAS agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.
The failure of GAS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign these Terms without the prior written consent of GAS, but GAS may assign or transfer these Terms, in whole or in part, without restriction.
GAS welcomes your feedback and suggestions for the Site through its contact address firstname.lastname@example.org.
You agree that GAS will be free to act on feedback and suggestions you provide, and that GAS will not have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.
Check the Site frequently for any changes to these Terms.