Welcome to the website of Torch Lake Gallery LLC and A Plus Pic LLC ("Torch Lake Gallery"). These Terms of Service ("Terms") govern your use of our website and services, including the display and distribution of artwork and photographs ("Artwork"). By accessing or using our website, you agree to be bound by these Terms. Please read them carefully.
1. Intellectual Property Rights
a. Ownership of Copyright: All photographs, images, artwork, text, and other materials displayed on the Website ("Content") are the intellectual property of Torch Lake Gallery and/or its affiliated artists. They are protected by applicable copyright laws. Torch Lake Gallery retains all rights not expressly granted in these Terms. All Artwork displayed on Torch Lake Gallery's website is owned by the respective artists or photographers and is protected by copyright laws and international treaties. The copyrights for the Artwork are retained by the artists or photographers at all times.
b. Limited License: Torch Lake Gallery grants you a limited, revocable, non-exclusive, non- transferable license to access and use the Website solely for your personal, non-commercial use. This license does not permit you to download, copy, distribute, or use the Content outside of the Website without prior written permission from Torch Lake Gallery.
c. Copyright Infringement: You agree not to engage in any activity that infringes or violates the copyright or other intellectual property rights of Torch Lake Gallery or any third party. Any unauthorized use of the Content may result in civil and criminal penalties.
2. No Unauthorized Use
You agree not to use the Artwork from Torch Lake Gallery's website in any unauthorized manner, including but not limited to:
a. Making digital or physical copies of the Artwork.
b. Reproducing or distributing the Artwork, whether for personal or commercial purposes. c. Creating derivative works based on the Artwork.
3. Protection of Artwork
We take the protection of the Artwork displayed on Torch Lake Gallery's website seriously. You agree not to:
a. Download, save, or capture the Artwork by any means, including screenshots or other recording methods.
b. Use any software, scripts, or tools to bypass or disable the security measures or download restrictions on Torch Lake Gallery's website.
c. Remove any copyright notices, watermarks, or other identifying marks present on the Artwork.
4. Intellectual Property Enforcement
You acknowledge and agree that Torch Lake Gallery reserves the right to enforce its intellectual property rights to the fullest extent of the law. In the event of any infringement or violation of the intellectual property rights, including copyright, related to the Artwork displayed on Torch Lake Gallery's website, Torch Lake Gallery may take appropriate legal action to protect its rights and seek remedies available under applicable laws.
5. AI Training and Image Use:
a. Prohibited AI Training: You agree not to use any photographs or artworks displayed on Torch Lake Gallery's website for the purpose of training or improving artificial intelligence (AI) algorithms, including but not limited to deep learning or machine learning models, without obtaining prior written permission.
b. Restricted Use: The use of photographs or artworks from our website in AI training or any other computational process is strictly prohibited unless you have obtained explicit written consent from the copyright owner.
c. Watermarks and Copyright Notices: You may not remove or alter any watermarks, copyright notices, or other proprietary information embedded in or attached to the photographs or artworks on Torch Lake Gallery's website.
d. Attribution: If you are granted permission to use any photographs or artworks for AI training or other purposes, you must provide appropriate attribution to the original artist or photographer as specified by the copyright owner.
6. Prohibited Conduct
You agree not to:
a. Use the Website for any unauthorized or illegal purpose;
b. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Torch Lake Gallery's website or the Content;
c. Copy, distribute, transmit, display, perform, or create derivative works from the Content without prior written permission;
d. Attempt to gain unauthorized access to the Website, user accounts, or computer systems connected to the Website;
e. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained on the Torch Lake Gallery's website or in the Content;
f. Use any automated means, including bots, spiders, or scrapers, to access or interact with the Website;
g. Collect or store personal information about other users of the Website;
h. Engage in any activity that disrupts or interferes with the proper functioning of the Website; i. Use the Website in a manner that violates any applicable laws or regulations.
7. Purchases and Transactions:
a. Sales of Artwork: If you purchase artwork through Torch Lake Gallery's website, you agree to comply with the specific terms and conditions set forth in the purchase agreement, including any restrictions on the use, reproduction, or distribution of the artwork.
b. Copyright and Ownership: The copyright and ownership of the purchased artwork remain with the respective artists or photographers. You may not claim ownership or copyright over any artwork purchased through Torch Lake Gallery's website.
8. Disclaimer of Warranties
The Website and the Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Torch Lake Gallery does not warrant that the Website will be error-free or uninterrupted, nor does it make any representations regarding the accuracy, reliability, or completeness of the Content.
9. Limitation of Liability
In no event shall Torch Lake Gallery or its directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or the Content.
10. Indemnification
You agree to indemnify, defend, and hold harmless Torch Lake Gallery and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including attorney's fees, arising out of or in connection with your use of the Website or your breach of these Terms.
11. Modifications to the Terms
We reserve the right to modify or update these Terms at any time without prior notice. By continuing to use Torch Lake Gallery's website after any changes to these Terms, you accept and agree to the updated Terms.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Emmet County. Any disputes arising from or related to these Terms or your use of Torch Lake Gallery's website shall be subject to the exclusive jurisdiction of the courts in Emmet County.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
14. Trademarks
All brand, product, service, and process names appearing on this Torch Lake Gallery's website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Torch Lake Gallery. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Torch Lake Gallery or any third party, except as expressly granted herein.
15. Return Policy NO Returns
16. Sales Tax
Torch Lake Gallery charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
17. Shipping and Delivery
At this time, Torch Lake Gallery ships merchandise to locations within the United States. The risk of loss and title for all merchandise ordered on this Torch Lake Gallery's website passes to you when the merchandise is delivered to the shipping carrier.
18. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Torch Lake Gallery reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Torch Lake Gallery believes that customer conduct violates applicable law or is harmful to the interests of Torch Lake Gallery and its subsidiaries.
If you have any questions about these Terms, please contact us at Info@TorchLakeGallery.com.
By using our Website, you acknowledge that you have read, understood, and agreed to these Terms of Service.