These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by GadiFraimanArt (“Gadi Fraiman”, “we”, “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com.
You must be at least 13 years of age to access or use our Services. By using the Services, you represent and warrant that you are 13 years of age or older. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition, you may not create an account or make a purchase from our Services unless you are at least 18 years of age. You represent and warrant that you: (a) you have not been previously suspended or removed from the Services; (b) do not have more than one account and (c) have the full power and authority to enter into this agreement.
If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. Gadi Fraiman’s artworks
The images of the artworks on our site are for illustrative purposes only. Although we have made every effort to display the colors, forms, textures, and any other details accurately, we cannot guarantee an exact replication of the image. For example, your computer’s display of the colors may not accurately reflect the colors of the artwork.
Additionally, presented alongside every artwork is a description of the piece itself. This description is meant solely to provide a general idea of the artwork. Specific artworks may vary in material, size, dimensions, or any other descriptive information, and we cannot guarantee that the physical artwork shall be consistent with these details. In the case of editions or series, not every artwork in the edition will be exactly as seen on the website and may include small variations in color, pattern, medium, and/or size. We suggest you confirm the exact details of an artwork you are interested in, with an art advisor available via our customer service at +972522998288.
3. Communication Preferences
By creating a Gadi Fraiman account, you also consent to receive electronic communications from Gadi Fraiman (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “GadiFraimanArt Content”) are owned by or licensed to GadiFraimanArt or its affiliates and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, GadiFraimanArt and our licensors reserve all rights in and to our Services and the GadiFraimanArt Content. Prior written permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials used for the Services must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing used in the Services may be in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
To notify GadiFraimanArt of any suspected infringement of your copyright, trademark or other rights, please contact us at firstname.lastname@example.org.
5. Acceptable Use
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Services. You agree that you will abide by these Terms and will not:
• Use or attempt to use another user’s account without authorization from such user and GadiFraimanArt;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any GadiFraimanArt Content, area or code of the Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
• Develop any third party applications that interact with the Services without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality;
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
6. Third Party Content
We may provide links to third-party websites, apps, mobile services or other third-party services and we may also display, link to or otherwise make available third-party content, data advertisements, promotions, or materials (collectively, “Third Party Content”) through the Services. We do not control, endorse or adopt any Third Party Content, and do not make any representations or warranties regarding any Third Party Content, including its accuracy or completeness. You agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and GadiFraimanArt is not responsible or liable in any manner for such interactions or Third Party Content.
Any questions, comments, suggestions, ideas, original or creative materials or other information you provide to us about GadiFraimanArt or our Services (collectively, “Feedback”) is non-confidential and will become the sole property of GadiFraimanArt. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to the Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, hold harmless and (at our option) defend GadiFraimanArt and its affiliates and subsidiaries, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “GadiFraimanArt Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GadiFraimanArt or the other GadiFraimanArt Parties.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, GadiFraimanArt does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While GadiFraimanArt attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
10. Limitation of Liability
To the fullest extent permitted by applicable law, GadiFraimanArt and the other GadiFraimanArt Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if GadiFraimanArt or the other GadiFraimanArt Parties have been advised of the possibility of such damages.
The total liability of GadiFraimanArt and the other GadiFraimanArt Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (i) the amount paid, if any, by you to access or use our Services or (ii) $10
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of GadiFraimanArt or the other GadiFraimanArt Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release GadiFraimanArt and the other GadiFraimanArt Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
12. Transfer and Processing of Data
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
13. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and GadiFraimanArt relating to your access to and use of our Services. The failure of GadiFraimanArt to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.