DESCRIPTION AND PUPROSE OF SERVICES
This website offers to artists/owners/dealers (hereinafter named as “Sellers” and “Users”), registered through the website, a service allowing them to exhibit, promote, and advertise themselves and their artworks within the online catalogue of artworks at WallTalks.com. This website offers to art lovers/art collectors (potential “Buyers” and “User”), registered through the website, a service allowing them to consult the catalogue of the various artists and artworks offered for sale by the artists/owners/dealers registered through the website.
The purpose of the WallTalks website is to present artworks from artists/dealers/owners to the Users of the website and to give them the opportunity to discover and buy them directly from the Seller.
WallTalks solely provides the platform for the Seller and Buyer to communicate with each other. Agreements about price, shipment, and transactions of information (such as but not exclusively personal information like bank account or contact details) are purely the responsibility of the Seller and Buyer. WallTalks does not profit from any sales of artworks on its website. WallTalks is at no time part of any business relation between the Seller (artist/owner/dealer) and the Buyer (art lover/art collector) and cannot be held responsible for any claims. As a result, WallTalks is not part of any contract, which is concluded solely between the Buyer and the Seller. The Seller is the only one bound to obligations arising from a transaction.
The Seller guarantees that: 1) he/she is the owner of the exhibited artworks; 2) does not violate any laws, regulations, and standards in force; and 3) does not affect the rights of third parties.
The WallTalks Website is operated by oolchi LLC. oolchi offers this website – including all information, tools, and services available from this website – to the User, conditioned upon the User’s acceptance of all terms, policies, and notices stated here.
By visiting the website, the User engages in our “service” and agrees to be bound by the following terms and conditions (heretofore also referred to as “terms of service” or “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all Users of the website, including Users who are browsers, vendors, merchants, and/or contributors of content.
Please read these terms of service carefully before accessing or using the WallTalks website. By accessing or using any part of the website, the User agrees to be bound by these terms of service. Anyone who does not agree to all the terms and conditions of this agreement should not access the website or use any services.
WallTalks reserves the right to update, change, or replace any part of these terms of service by posting updates and/or changes to the website. It is the User’s responsibility to check this page periodically for changes. Any continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or tools that are added to the current website shall also be subject to the terms of service. The User can review the most current version of the terms of service at any time on this page. The last update of the terms of service was conducted on the 2nd of October 2017.
By agreeing to these terms of service, the User affirms that he/she is at least 18 years old or visiting the website under the supervision of a parent or guardian. Minors under the age of 18 are prohibited from registering as a User of this website.
Subject to the terms and conditions of this agreement, WallTalks grants the User a limited, revocable, non-transferable, and non-exclusive right to access and use the website by displaying it on an internet browser.
This website exists only for artists/owners/dealers to showcase, market, advertise, and promote the artist and artworks on the website. Conversely, this website serves art lovers/art collectors only for the purpose of browsing/searching artworks and artists, and contacting artists on the Website. This website is not for any commercial use or use on behalf of any third party, except as explicitly permitted by WallTalks in advance. Any breach of this agreement shall result in the immediate revocation of the right granted in this paragraph, without notice.
The User may not modify, reproduce, transmit, distribute, display, sell, create derivative works from, translate, or otherwise exploit this website or any portion of it unless expressly permitted by WallTalks in writing. The User may not make any commercial use of any of the information provided on the website or make any use of the website for the benefit of another business unless explicitly permitted by WallTalks.
The User shall not upload to, distribute, or otherwise publish through this website any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.A.E or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; or (d) is not his/her physical or intellectual property.
WallTalks reserves the right to refuse service and terminate accounts at its discretion, including circumstances in which we believe that a client’s conduct violates applicable law or is harmful to our interests.
WallTalks assigns the registered User with a password and account identification to enable him/her to access and use certain portions of this website. Each time a password or identification is used, the User will be formally authorized to access and use the website in a manner consistent with the terms and conditions of this agreement. WallTalks has no obligation to investigate the authorization or source of any such access or use of the website.
The User will be solely responsible for all access to and use of this website by anyone using the password and identification originally assigned, whether or not such access to and use of this Website is actually authorized by the User. This includes all communications, transmissions, and obligations incurred through such access or use. The User is solely responsible for protecting the security and confidentiality of the assigned password and identification.
The User shall immediately notify WallTalks of any unauthorized use of the password or identification, or any other breach or threatened breach of the website's security.
WallTalks reserves the right to refuse service to anyone for any reason at any time.
The User understands that the content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
WallTalks is not responsible if information made available on this website is inaccurate, incomplete, or out of date. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at the User’s own risk.
This website may contain certain historical information. Historical information is provided for the User’s reference only and can have its origin from a third party. WallTalks reserves the right to modify the contents of this Website at any time, but has no obligation to pre-screen or update any information on the Website. The User agrees that it is his or her responsibility to monitor changes to the Website. The User is solely responsible for and must evaluate, and bear all risks associated with, the use of any content of the Website. WallTalks is under no circumstances liable in any way for the content or for any loss or damage of any kind incurred as a result of browsing, using, or reading any content listed, e-mailed, or otherwise made available via the service.
The User understands that WallTalks is not responsible for any content, ads, directory information, business listings/information, comments, User postings, files, images, photos, video, sounds, and/or messages between Users (including without limitation e-mails, chats, or other means of electronic communication, whether through the Website or another third-party website or offerings), or any other material made available through the website. The User understands that by using the website and the service, he/she may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
MODIFICATIONS TO THE SERVICE
WallTalks reserves the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
WallTalks shall not be liable to the User or to any third-party for any modification, price change, suspension, or discontinuance of the service.
WallTalks shall not be held responsible for the interruption of operation of the website or inability to access it, or adverse conditions of usage of the website and/or any loss of data, time, opportunity, and/or any other indirect damage related to the use of the website.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Sellers individual stated return policy. WallTalks cannot be hold responsible for any transactions or communications between Seller (artist/owner/dealer) and Buyer (art lover/art collector).
WallTalks has made every effort to allow to display as accurately as possible the colors and images of the artworks that appear at the website. WallTalks cannot, however, guarantee that the User’s computer display of any color will be accurate.
The Seller is solely responsible to upload the most realistic images and accurate descriptions of his/her artworks onto the website. WallTalks cannot be held responsible for any misleading content, description, information, or images.
ACCURACY OF ACCOUNT INFORMATION
The User agrees to provide current, complete, and accurate account information for all purchases made on the WallTalks website. The User also agrees to promptly update account and other information so that WallTalks can contact the User if needed.
WallTalks may provide the User with access to third-party tools over which WallTalks neither monitors nor has any control or input.
The User acknowledges and agrees that WallTalks provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. WallTalks shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools.
Any use of optional tools offered through the website is entirely at his or her own risk and discretion. The User should be familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
WallTalks may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
Certain content, products, and services available from WallTalks may include materials from third parties.
Third-party links on this website may direct the User to third-party websites that are not affiliated with WallTalks. The company is not responsible for examining or evaluating the content or accuracy, nor will it hold any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
WallTalks is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Users are advised to review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at WallTalks’s request, the User sends certain specific submissions (for example, contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials (known collectively as “comments”) -- whether online, by email, by postal mail, or otherwise – the User agrees that WallTalks may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments. WallTalks is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
WallTalks may (but has no obligation to) monitor, edit, or remove content that it determines unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these terms of service.
The User agrees that submitted comments, posts, or shared information will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
The User further agrees that comments, posts, and shared information will not contain material that is libelous or otherwise unlawful, abusive, harmful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive, hateful, racially or ethnically objectionable, disparaging, or relating to or encouraging money laundering or illegal gambling. Similarly, comments, posts, and shared information will not contain any computer virus or other malware that could in any way affect the operation of the service or any related website. In addition, the User will not share, post, or publish any personal or identifying information about another individual without that person's explicit consent.
The User will not advertise any illegal services or the sale of any items that are prohibited or restricted by applicable law.
The User agrees not to: 1) contact anyone who has asked not to be contacted, 2) make unsolicited contact with anyone for any reason, or 3) "stalk" or otherwise harass anyone.
The User may not use a false e-mail address, assume a false identity, or otherwise mislead WallTalks or third parties as to the origin of any comments. The User is solely responsible for the accuracy of any comments made. WallTalks takes no responsibility and assumes no liability for any comments posted by the User or any third party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/or availability. WallTalks reserves the right to correct any errors, inaccuracies, or omissions -- and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after the User has submitted an order).
WallTalks has no obligation to update, amend, or clarify information in the service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the terms of service, the User is prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any U.A.E. and /or international rules and regulations, laws, and /or local ordinances; (d) to infringe upon or violate WallTalks’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of WallTalks’s services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. WallTalks reserves the right to terminate the User’s use of the service or any related website for violating any of the prohibited uses.
WallTalks is the exclusive owner of all intellectual property rights on both the development and content of the website. The website images, text, photos, logos, graphics, search engines, databases, sounds, videos, domain names, design, software, programs, and any other content available on the website are the exclusive property of WallTalks.
WallTalks may grant approval for any reproduction, publication, and copy of the various contents from the website, if the User seeks it in advance with a detailed purpose explained.
Any full or partial reproduction, by any process whatsoever, of the content of the website without the initial authorization from WallTalks will lead to legal proceedings.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WallTalks does not guarantee, represent, or warrant that the User’s use of WallTalks’s service will be uninterrupted, timely, secure, or error-free.
The User agrees that from time to time (e.g. for system update reasons) WallTalks may remove the service for indefinite periods or cancel the service at any time, without notice.
In no case shall WallTalks or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the User’s use of any of the service or any products procured using the service, or for any other claim related in any way to the use of the service or any product. This includes, but is not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
The User agrees to indemnify, defend, and hold harmless from any claim or demand WallTalks and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees. This includes reasonable attorneys’ fees made by any third-party due to or arising from of the User’s breach of these terms of service or the documents they incorporate by reference, or by the User’s violation of any law or the rights of a third-party.
In the event that any provision of these terms of service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these terms of service, yet such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either WallTalks or the User. The User may terminate these terms of service at any time by notifying WallTalks that he/she no longer wishes to use the services, or by ceasing to use the website.
If in WallTalks’s sole judgment the User fails, or WallTalks suspects that the User has failed, to comply with any term or provision of these terms of service, the company also may terminate this agreement at any time without notice. Furthermore, the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the services (or any part thereof) of WallTalk.
The failure of WallTalks to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by WallTalks on this website, or in respect to the service, constitute the entire agreement and understanding between the User and WallTalks. These terms of service govern use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the User and WallTalks (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
The United Arab of Emirates is WallTalks’s country of domicile. These terms of service and any separate agreements in which services are provided by WallTalks shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of U.A.E.
CHANGES TO TERMS OF SERVICE
The User can review the most current version of the terms of service at any time at this page. WallTalks reserves the right, at its sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to the website. It is the User’s responsibility to check the website periodically for changes. The User’s continued use of or access to the website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
Questions about the terms of service should be sent to WallTalks at info@WallTalks.com.