Terms & Conditions For the Sale of Artwork
By accessing or using any part of the site, you agree to be bound by these Terms of Service.
These terms and conditions (the “Terms and Conditions“) apply to the sale of a Alexander Sharkey Limited Print or Portfolio (the “Artwork“) by the Artist (the “Artist”) by Alexander Sharkey to you.
TITLE AND RISK
As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.
OWNERSHIP OF THE ARTWORK COPYRIGHT
- 1 Copyright does not transfer to the purchaser.
- 2 Copyright in the Artwork remains the property of the Artist.
- 3 All Limited Edition Print Sales are Final. Refund or exchange is not permitted.
- 4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose.
- 5 If you breach any of your obligations under paragraph 3.3 you agree that:
- (a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
- (b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
- (c) we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for art work displayed on this Site or for any Services are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or the whole of the Service.
We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms and Conditions you agree to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.
LIABILITY OF Alexander Sharkey Photography
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. Alexander Sharkey Photography and its officers, directors, employees, shareholders or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
RIGHTS OF THIRD PARTIES
No person other than you and the Alexander Sharkey have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with United States law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the United States courts.