Terms of Service
Terms of Service
Effective Date: December 6, 2021. Last Updated December 10, 2021.
Thank you for visiting PIAGallery.com (the “Site”) owned and operated by Phoenix International Art Gallery. (“PIA Gallery”). Your use of the Site indicates that you have read, understood and agree to these terms of service (“Terms”). If you do not agree to these Terms, you may not access or use the Site.
Use of the Site and Copyright
The Site provides an online marketplace for appropriately qualified sellers (“Seller”) to offer to sell goods (“Items”) to prospective purchasers (“Buyers”). Any sale of an Item directly between a Buyer and a Seller is governed by these Terms.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission.
The Role of PIA Gallery
The role of PIA Gallery is expressly limited to making the Site available and maintaining the Site for sellers, buyers, and users. PIA Gallery is not responsible for the actual sale of any Item and does not control the information provided by sellers, buyers, or users, nor their acts or omissions.
PIA Gallery may, but is not obligated to, provide intermediary services between the buyer and seller in connection with customer service or dispute resolution matters. In the event PIA Gallery elects in its sole discretion to provide intermediary services, then the decision of PIA Gallery is final and binding on all parties and cannot be appealed, challenged or reversed.
You understand and agree that this Site and the materials and products on this Site are provided “As Is” and “As Available” without warranties of any kind, whether expressly stated or implied. To the fullest extent permissible pursuant to applicable law, PIA Gallery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PIA Gallery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. PIA Gallery does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
PIA Gallery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PIA Gallery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Relationship of the Parties
PIA Gallery and all featured artists are responsible for accurately describing and pricing the items it is offering for sale. The Buyer is solely responsible for determining the value, condition and authenticity of the Items being purchased and for paying the purchase price to PIA Gallery including any sales tax, VAT or import/export duties.
All Items displayed on the Site are offered for sale subject to availability. Some Items displayed on the Site are unique and are offered by Sellers that usually have retail opportunities for the sale of the Item independent from PIA Gallery, and therefore some Items may no longer be available.
The Site is designed to provide the Buyer access to Items as the Sellers present them. Accordingly, PIA Gallery does not verify any information provided by the Seller (or its representative selling an Item) and PIA Gallery makes no representations or warranties with respect to the Seller, the Item, or the information related to the Item.
Sales are “As-Is”
All Items displayed on the Site are sold “As-Is” and “With All Faults”. Neither the Seller nor PIA Gallery makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, or as to whether the Buyer acquires any reproduction right or other intellectual property right in any Item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation.
As between you and PIA Gallery (or other company whose marks appear on the Site), PIA Gallery (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by PIA Gallery. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of PIA Gallery, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
You agree to defend, indemnify and hold PIA Gallery, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
You agree that the laws of the state of Arizona shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with PIA Gallery relating in any way to your use of the Site resides in the state and federal courts of Maricopa County, Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Maricopa County. In addition, you expressly waive any right to a jury trial in any legal proceeding against PIA Gallery, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Risk of Loss
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
PIA Gallery and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. PIA Gallery has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, PIA Gallery will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will PIA Gallery or its suppliers be held liable for any damages due to such interruptions or lack of availability.
In the event that a PIA Gallery product is mistakenly listed at an incorrect price, PIA Gallery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PIA Gallery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PIA Gallery shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PIA Gallery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
PIA Gallery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address, you have provided to PIA Gallery.
Your use of this Site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PIA Gallery products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PIA Gallery products) must be commenced within one (1) year after the claim or cause of action arises. PIA Gallery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PIA Gallery may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PIA Gallery does not and cannot review all communications and materials posted to or created by users accessing the Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PIA Gallery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, PIA Gallery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PIA Gallery in its sole discretion.
PIA Gallery may make available online art auctions where sellers may offer goods for sale by auction to the highest bidder. PIA Gallery may, but is not obligated to provide intermediary services between the buyer and sellers if deemed necessary by PIA Gallery. PIA Gallery reserves the right in its sole discretion and at any time including during an auction to refuse or revoke permission for sellers to offer goods or for buyers to submit bids.
In an attempt to provide increased value to our visitors, PIA Gallery may link to sites operated by third parties. However, even if the third party is affiliated with PIA Gallery, PIA Gallery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PIA Gallery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PIA Gallery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
PIA Gallery is solely an online business. There are no offices or stores in which to visit. We have site support, as well as email and mail support.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us or write to us at:
PO Box 14635
Scottsdale, AZ 85267