Terms & Conditions for Exhibiting on Open Gallery

The Terms and Conditions ("the Terms") apply to your membership ("the membership") on OPEN GALLERY at  www.heavenlypathartgallery.com.

 

OPEN GALLERY is a membership section at www.heavenlypathartgallery.com.

"You" shall refer to the person submitting for membership. Please read these Terms carefully before completing Your entry form ("the Entry Form") as they will form the contract between You and the Heavenly Path Art Gallery ("HP).

The Organisers

" www.heavenlypathartgallery.com" is a website belonging to the Heavenly Path Art Gallery ("HP), which is an Art Gallery whose office is at 46A High Street, Glastonbury, SOMERSET, BA6 9DX.

For information requests, please contact us at contact@heavenlypathartgallery.com

Entry Form and Price

 The price plan per membership is displayed on the gallery's website  www.heavenlypathartgallery.com. ("the Website"). When you register, please use the correct Entry Form for submitting and choose the ART CITY PASSPORT paid plan.

Membership Accounts


1. Single account only
You may only register for accounts under a single identity, username and password, and your account will be associated with that identity and accessed through those log-in details.  
2. Age Limit
You must be eighteen (18) years old or over to register for an account.
3. Who may register
Only individual artists may register for an account.
4. Our discretion
We shall not be obliged to open accounts, and all accounts shall be opened at our sole and absolute discretion.
5. Duration
Unless otherwise stated on our website, all accounts will run annually from the date you purchase the account, and will automatically renew annually, and continue with indefinite duration until terminated under Clause 8 below or under any other term.   
6. Passwords
You are responsible for safeguarding your username and password details. You should choose strong passwords (a random combination of upper and lower case letters, numbers, and other symbols, of at least 12 or more characters in length, which you have not used on any other site).
7. Functionality and Services
We will provide to you the range of website functionality and other services and products which we state in our website are included in any type of account. We may unilaterally vary the range, description, scope of the functionality, services and products provided for any account, if we are making the same change for all users with that account.
8. Account Fees
You are required to promptly pay all account fees specified by us for any type of account you have subscribed to. All account fees are payable annually in advance. Unless otherwise stated on our website, you authorise us to collect your account fees automatically from your credit or debit card or direct debit at the start of each annual period of your account. You should promptly provide us with up-to-date card details if any payment is refused.  
9. Termination of your account by you
You may at any time terminate any of your accounts with us by phone using the contact details listed above. As a consumer, you have a legal right to cancel the contract formed between us (and receive a refund of the fees paid) within 14 days if you change your mind or decide for any other reason that you do not want to continue with your OPEN GALLERY Membership. 
Your legal right to cancel the contract starts from the date on which we confirm that your application for OPEN GALLERY Membership has been accepted or from renewal, which is when the contract between us is formed.
If you terminate your OPEN GALLERY Membership in accordance with the above, we will refund the full price you paid for your SAA membership. Any refund will be given within 30 days to card or bank account from which payment was collected originally.
After 14 days have passed you may cancel your OPEN GALLERY Membership but you will not be entitled to receive any refund.
In the event that your OPEN GALLERY is cancelled for any reason, you will no longer be entitled to receive any OPEN GALLERY Membership benefits.
10. Termination of your account by us without cause
We may at any time terminate any of your accounts with us by notice to you. If we do so, then we will refund a pro-rata amount of the account fee you paid for the annual period within which we terminated. However, if you have breached these terms (other than trivially) at or before the time we terminate, then we will not be obliged to give any refund. Any refund will be given within 30 days to the card or bank account from which payment was collected originally.
11. Effect of termination
On termination, we may immediately cease providing any website functionality and services associated with that account and remove any of your content associated with that account.  We will give you a reasonable opportunity to download any of your content if you have not kept a back-up of it. We may, however, keep any of your content on our website which was supplied for the purposes of making available to other users or the public, such as forum posts, indefinitely.

 

Behaviour and conduct

 

1. Purpose of use
You must only use our website and services for the purposes for which they are designed and intended by us, in connection with your interests as an artist.
2. Personal use only
You must not use our website or services to market or advertise any products or services, except where expressly contemplated by our website and services.
3. Relationship with other users and staff
You must always be polite, truthful, honest and reasonable to other users, us and our staff. You must not engage in any behaviour in relation to other users, us or our staff which may violate any rights or harm or threaten the health, welfare or safety, or which is criminal or otherwise contrary to the law.
4. Use of our website and services
You agree to use our website and services only for lawful purposes reasonably connected to the intended purpose of our website and services, and you must not use our website or services for, or in connection with, any unlawful or criminal activity, or in a way that may inhibit the use and enjoyment of our website by any other person or disrupt the normal flow of dialogue, or in a way which may harass or cause distress or inconvenience to any person, or in any way that may damage, unreasonably burden or disrupt or website or services, or otherwise in a way contrary to these terms. 

 

Profiles, Content and Messages


1. Provision
You are responsible for providing your profile, content and messages, and must ensure that they are kept up to date and are in keeping with the purpose of our website and services, and are not contrary to these terms.  
2. Sharing
You acknowledge and agree that certain elements of your profile, content and messages may be shared with other users or the public, as indicated on our website, such as your public profile, gallery, and forum posts. We will observe any settings on our website that permit you to designate that any parts of your profile, content and messages are private to another user, a group of other users, or all users but not the public.
3. Prohibited profile, content and messages
Your profile, content, and messages must be reasonably connected to the intended purpose of our website and services, must be true and not misleading, must not infringe another's intellectual-property rights or other rights, must not breach any privacy of another, must not be likely to harm the health, welfare or safety of another, must not be likely to harm our website or systems or those of any other user, must not be abusive, offensive, obscene, harassing, rude or threatening, must not be unlawful or criminal, and must not be contrary to these terms.  
4. Our right to reject or delete
We may at any time reject or delete any part of your profile, content or messages at our sole and absolute discretion, without giving any reason or notice.
5. Backup
You are responsible for making your own back-up of your profile, content and messages and you should not rely on our website or services for such back-up.

 

Contact with other users


Where we provide any functionality or service by means of which you can get into contact with other users, then you use this at your sole risk. We shall not be liable or answerable for the conduct of other users you communicate or meet with, or for any injury, loss or damage you suffer as a consequence of meeting other users. You must also act reasonably, honestly and lawfully to those users you contact.

 

Online Access

While the HP endeavours to ensure that the Website is available 24 hours a day, the HP will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. We may suspend access to the Website temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond the HP's control.

Intellectual Property Rights


1  By submitting Work(s) in "www.heavenlypathartgallery.com", You confirm that either You or the Artist hold all intellectual property rights in the Work(s) and that You or the Artist have obtained any third-party consents required for the use of the third party owned material contained in the Work(s).

2  By submitting Work(s) in "www.heavenlypathartgallery.com", You consent to the HP and/or any other third party permitted by the HP for the following purposes:

3  Using an image/s for advertising purposes, filming or making available the whole or any part of the Work(s), including but not limited to the right to include the Work(s) in any broadcast (and rebroadcast) by any broadcaster (including the BBC) and any licensees of any broadcaster;

4  filming, broadcasting, and/or reproducing the whole or any part of the Work(s) for archival, educational, publicity and marketing (including without limitation on the Website, Exhibition posters, leaflets, private view cards, postcards, and all forms of social media), press, signage, gallery guide and for catalogue purposes if required;

5  and reproducing the whole or any part of the image(s) you have supplied to the HP for the purposes set out above.

6  The consent set out above is irrevocable and given without payment of any fee or royalty. 

7  By submitting a Work(s) in "www.heavenlypathartgallery.com", You agree that members of the public will be allowed to view the Work(s) (alone or in combination with other works) for their personal pleasure during the Exhibition period. The HP will not be responsible if any such images of the Work(s) are exploited commercially in violation of the permission. In such circumstances, it is up to the Artist and/or You to defend Your intellectual property rights in the Work(s).

Limitation of Liability

The HP shall have no liability to You or the Artist whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition in " www.heavenlypathartgallery.com".

Third Parties

No third party shall have any rights under or in relation to the Terms.

Force Majeure

For the purposes of these Terms, a Force Majeure Event means an event beyond the reasonable control of the HP, including but not limited to strikes, failure of a utility service or transport network, act of God, terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The HP shall not be liable to You under these Terms as a result of a Force Majeure Event.

Severance

If a court or any other competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.

Entire Agreement


These Terms contain the whole agreement between the parties relating to the subject matter of this agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking, or other statement, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking, or statement made fraudulently or which was induced by fraud.

Law and Jurisdiction


These Terms and contracts shall be governed by and construed under English law. Any disputes arising concerning these Terms shall be subject to the exclusive jurisdiction of England and Wales courts.