TERMS AND CONDITIONS

Last Updated: October 22nd, 2021

Welcome to PrivateArtConsulting.com. Private Art Consulting and/or its affiliates (“PAC” or “we”) provide website features and other products and services to you when you visit or shop at PrivateArtConsulting.com (also referred to as the “Site”), use PAC products or services, use PAC applications for mobile, submit your information and/or artwork for PAC’s consideration as to whether PAC will offer to represent your artwork and/or you as an artist (each a “Submission”), or use software provided by PAC in connection with any of the foregoing (collectively, “PAC Services”). PAC provides the PAC Services subject to the following conditions (collectively, “Terms and Conditions”).

The Terms and Conditions may be amended from time to time in PAC’s sole discretion. PAC will post a notice on PrivateArtConsulting.com any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use of the PAC Services and the Site. YOU AGREE THAT BY USING THE PAC SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

This is a binding agreement. By using PAC Services, you agree to these conditions. Please read them carefully.

PAC offers a wide range of PAC Services, and sometimes additional terms may apply. When you use a PAC Service (for example, sending PAC a Submission) you also will be subject to the additional guidelines, terms, and agreements applicable to that PAC Service (“Service Terms”), if any. If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our privacy policy, which also governs your use of PAC Services, to understand our practices: https://www.privateartconsulting.com/privacy-policy (“Privacy Policy”). PAC’s Privacy Policy is expressly incorporated into these Terms and Conditions by this reference.

ELECTRONIC COMMUNICATIONS

When you use any PAC Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other PAC Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any PAC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of PAC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PAC Service is the exclusive property of PAC and protected by U.S. and international copyright laws.

TRADEMARKS

“PAC”, “Private Art Consulting”, and its associated logos are trademarks and/or service marks of PAC. All other trademarks, service marks, and logos used on or through the Service are the trademarks, service marks, or logos of their respective owners.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PAC Service are trademarks or trade dress of PAC in the U.S. and other countries. PAC’s trademarks and trade dress may not be used in connection with any product or service that is not PAC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PAC. All other trademarks not owned by PAC that appear in any PAC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PAC.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions, PAC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PAC Services. This license does not include any resale or commercial use of any PAC Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PAC Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by PAC or its licensors, suppliers, publishers, rightsholders, or other content providers. No PAC Service, nor any part of any PAC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PAC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PAC without express written consent. You may not use any meta tags or any other “hidden text” utilizing PAC’s name or trademarks without the express written consent of PAC. You may not misuse the PAC Services. You may use the PAC Services only as permitted by law. The licenses granted by PAC terminate if you do not comply with these Terms and Conditions.

SUBMISSIONS FOR ARTIST REPRESENTATION

PAC may accept Submissions through the Site. You agree to keep the status of any Submission you may make strictly confidential, except pursuant to the express prior written consent of PAC. Submission fees paid are non-refundable. Submissions will be evaluated on factors including, without limitation, artist credentials, range of mediums, aesthetics, originality, and exhibition history. PAC reserves the right to refuse to represent any artist and/or artwork in its sole discretion. PAC will only represent you and/or your artwork pursuant if you and PAC enter into a separate written agreement signed by PAC and you, which PAC may decline in its sole discretion. A Submission is not intended to and does not create any sort of partnership, joint venture, agency, representation, or employment relationship with you or your artwork.

AGE REQUIREMENTS

PAC does sell products to adults who can purchase with a credit card or other permitted payment method. If you are under 18 you may use the PAC Services only with involvement of a parent or guardian who is over 18 years old. PAC reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion and without notice to you. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content.

COPYRIGHT COMPLAINTS

PAC respects the intellectual property of others. We respond quickly to the concerns of rights owners about any alleged infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing and provide us with this information:

- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the site;

- Your address, telephone number, and e-mail address;

- 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;

- 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.

This information should be sent to:

Private Art Consulting c/o Kuznetsky Law Group, P.C.

2600 W Olive Ave., Ste. 500

Burbank, CA 91505, USA

Please note that this procedure is exclusively for notifying PAC that your copyrighted material has been infringed.

RISK OF LOSS

All items purchased from PAC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

All sales are final. Returns of purchased items may be approved in PAC’s sole discretion. Returned items must be delivered, at your sole cost and expense, to an address provided by PAC within fourteen (14) days of PAC’s approval of the return, and in the same condition in which it was shipped to you (“Return Conditions”). If any Return Conditions are not met, the return will be canceled, the original sale will become final, and the item will be returned to you. PAC does not take title to any returned item until PAC acknowledges such item has been delivered pursuant to the Return Conditions, in PAC’s sole discretion. In the event that any purchased item is lost, damaged, or otherwise unavailable prior to being shipped to you, PAC will provide you with a full refund.

PRODUCT DESCRIPTIONS

The product description for each item on the site is provided by the artist that created it. PAC attempts to be as accurate as possible. However, PAC does not warrant that product descriptions or other content of any PAC Service is accurate, complete, reliable, current, or error-free. If a product description proves to be inaccurate for an item you have purchased, PAC will provide a full refund within fourteen (14) days of delivery, subject to the Return Conditions.

PRICING

All prices are in U.S. currency. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.

Some discounts are limited-time offers. Also, as the discount we are able to offer for any item is dependent upon its availability, the price for such discounted items will necessarily change on occasion.

With respect to items sold, PAC cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If PAC discovers a mispricing, it will do one of the following: (1) if an item's correct price is lower than our stated price, PAC will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than stated price, PAC will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

PAC will charge your credit card upon your placement of an order.

OTHER BUSINESSES

Parties other than PAC operate stores, provide services, or sell product lines on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. PAC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

PROHIBITED USES

PAC imposes certain restrictions on your permissible use of PAC Services. You are prohibited from violating or attempting to violate any security features of PrivateArtConsulting.com, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using PAC Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PAC in providing the PAC Services. Any violation of system or network security may subject you to civil and/or criminal liability.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PAC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAC SERVICES ARE PROVIDED BY PAC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PAC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAC SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAC DOES NOT WARRANT THAT THE PAC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAC SERVICES, PAC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PAC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PAC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PAC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify PAC for your acts and omissions. You agree to indemnify, defend, and hold harmless PAC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of PrivateArtConsulting.com, your violation of these Terms and Conditions, or your infringement, or infringement by any other user, of your account of any intellectual property or other right of any person or entity. PAC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

ARBITRATION

Any dispute or claim relating in any way to your use of any PAC Service, or to any products or services sold or distributed by PAC or through PrivateArtConsulting.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kuznetsky Law Group, P.C., 2600 W Olive Ave., Ste. 500, Burbank, CA 91505. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PAC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the PAC Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

APPLICABLE LAW AND VENUE

By using any PAC Service, you agree that the Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PAC.

Any suit, action, arbitration, or proceeding arising out of or relating to this Terms and Conditions or the PAC Services shall only be instituted in the County of Los Angeles, State of California. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court or arbitrator in any such suit, action, arbitration, or proceeding.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

HOW TO SERVE A SUBPOENA

If you have a subpoena to serve on PAC, please note that PAC does not accept service via e-mail or fax and will not respond to subpoenas served in this manner. All subpoenas must be properly served on Private Art Consulting, preferably by mailing the subpoena to Kuznetsky Law Group, P.C., 2600 W Olive Ave., Ste. 500, Burbank, CA 91505.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of party whose information is sought; and IP address and complete time stamp information.

Should you require any additional information please contact us directly.