Goldfingers Images is an online art storehouse where Users buy and sell and rent artworks, commission artworks, and engage in other related services. Users are either Buyers or Sellers known as Artists, Galleries or simply, Buyers. They must register for an account in order to buy or sell artworks or other related services on this site. We may, from time to time, and without notice, change or add to the Website or the information, products, or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
You will not use the Website if you:
1. are under the age of 16.
2. are suspended from using the Website; or
3. do not hold a valid and validated email address.
Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation. Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation. Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. We may, at our absolute discretion, refuse to register any person or entity as a User. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
While using this Website, you will not attempt to or otherwise do any of the following:
1. Post content or items in inappropriate categories or areas on our Websites and services
2. Infringe any laws, third party rights or our policies
3. Fail to deliver payment for services delivered to you
4. Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information)
5. Transfer your Goldfingers account and Username to another party without our consent
6. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes
7. Distribute viruses or any other technologies that may harm GFI, the Website, or the interests or property of GFI users (including their Intellectual Property Rights, privacy and publicity rights)
8. Engage in threatening, abusive, defamatory, vulgar, obscene, profane activities which may harass or cause distress or inconvenience to, or incite hatred of, any person
9. Copy, modify or distribute rights or content from the Website or G.I.’s copyrights and trademarks
10. Harvest or otherwise collect information about Users, including email addresses, without their consent.
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to protect you. If you believe that your Intellectual Property Rights have been violated, please notify us via our website Contact Us page and we will investigate.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You acknowledge and agree that: (1) we act only as an avenue for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User Content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to G.I.’s Website is subject to our approval. We may reject, approve, or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libelous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You are responsible for your own communications in this site, including the upload, transmission, and posting of information, and are responsible for the consequences of their posting on or through the site. Goldfingers Images requires users to agree not to use this site for any of the following:
9. Posting any information which is incomplete, false, inaccurate or not your own
Our Website and Services
Goldfingers Images provides a number of Internet-based services through the Website (collectively, the "Services"). Users here are able to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, "Products"). Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as special commissions on different types of Portraiture, photo repair services, Custom art, Picture Frame services, and other online and offline services, these nature of services may change from time to time.
All pages within this Website and any material made available for download are the property of Goldfingers Images. The Website is protected by international copyright and trademark laws. The contents of the Website, which include the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Goldfingers Images.
User Contents and Submissions
You are responsible for any User Content you post to the site. By "User Content" we mean any Content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating art collections and other such features that allow you to add content to the site
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be used elsewhere. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Goldfingers Services and may close your Account.
Information on the Website may contain general information about legal, financial, health, and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
This Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies, or performance of the websites we link to from the Website. Use of third-party content, links to third-party content, and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.
All brand, product, and service names used on the Website which identifies us or other third parties and their products are the proprietary marks of Goldfingers Images and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of Goldfingers Images or any third party with respect to any such image, logo, or name. You shall not make any use of any Goldfingers Images trademarks or logos without our prior express and written approval. All User-Generated Content and other materials are subject to review and examination by us. Any and all images are subject to all applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We reserve the right in our sole and absolute discretion to refuse to process or post any User Generated Content and other materials that we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information ("Submissions"), you grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on "moral rights" or the like arising from our use of a Submission.
It is assumed that Galleries posting or uploading works of artists for sales of originals or for print purposes may have taken permission from the respective artists and owners of those works. Goldfingers Images is not responsible for any claims or liable to litigations arising from such artists. In such an instance, GFI is solely obligated to the galleries and not to the artists. It is however believed that claims arising from sales on art originals and print should be shared in accordance with galleries’ Policies or terms as may have been signed or agreed upon by the respective artists. In Goldfingers Images, Artists or photographers may decide to upload personal works already uploaded by galleries. This may bring about duplicity but issues to do with such may be settled between galleries and artists. We will, however, not stop a gallery from uploading works already uploaded by an artist, neither will we stop an artist uploading works of his that may have already been uploaded by a gallery.
Payment of Earnings
By using our Services, you may generate earnings as described on our Website ("Earnings"). If you have Earnings, we will pay your Earnings on a monthly basis. Within 45 calendar days following the end of each calendar month, we will send you a check for Earnings or pay through your PayPal accounts what you have earned for the relevant month. However, if the Earnings payable to you for any month are less than $100.00, we will hold your Earnings until the total amount due is at least $100.00 (or its equivalent in other currencies), or until this Agreement is terminated.
If you accrue Earnings that are less than $100.00 (or its equivalent in other currencies), for at least 365 days, we may send you payment of such accrued Earnings minus a $10 (or its equivalent in other currencies), (or its equivalent in other currencies), processing fee. If the amount of accrued Earnings is under $10 for at least 365 days, such amount will be used to cover our administrative costs and no payment shall be made to you. If your account is terminated and you have less than $100 in accrued but unpaid Earnings then outstanding, we may charge you a $10 processing fee when sending you your final payment to cover its administrative costs.
We reserve the right to monitor transactions and communications that occur through the Website. If we determine, in our sole and absolute discretion, that you or another user will breach these Terms or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to we deem necessary, without any liability to you or any third party. All aspects of the relationship between you and any third party shall be solely between you and that third party. We do not and shall not have any direct dealings or contractual relationship with any third party.
You agree to indemnify and hold us, Goldfingers Images, and our representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Parties") harmless from and against any damage, loss, and expense (including, without limitation, attorneys' fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User-Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account. For any indemnification under this Section, Goldfingers Images will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Goldfingers Images express written permission.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Dispute Resolution and Arbitration
PLEASE READ THIS. If you have a concern about your purchase, service, or any other issue, please inform Goldfingers Images customer service. In the unlikely event that our Customer Service is unable to resolve the complaint, you may have to your satisfaction, then you and Goldfingers Images each agree to be bound by these dispute resolution procedures.
You and Goldfingers Images each agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website, your ordering of Products or Services from Goldfingers Images or its affiliates through the Website, by phone, or through third-party websites offering Goldfingers Images Products or Services shall be determined by binding arbitration.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO BRING AN ACTION IN COURT OR BEFORE AN ADMINISTRATIVE AGENCY. ARBITRATION IS MORE INFORMAL THAN COURT OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR'S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. 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). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE, EACH, ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND CIRCLE GRAPHICS, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.