Terms of Service

Dina Belyayeva FIne Art (“DBFA,” “we” or “our”) provides a service for viewing, selling and purchasing original works of art and through our website, accessible at www.dbelyayeva.art (the “Site”). Please read carefully the following terms and conditions (“Terms”). These Terms and any other policies listed on the site, govern your access to and use of the Services, and constitute a binding legal agreement between you and Dina Belyayeva Fine Art.

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Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

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PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

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YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING AN ARTWORK ON OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

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If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

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Modifications to these Terms

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We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to review these Terms regularly.

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Modifications to the Services

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We reserve the right to change the URL, modify or discontinue, and restrict or block access to the Services without notice to you. We may modify or remove any item of art (as defined below), our Content (as defined below) from the Services at any time without notice to you.

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Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state or federal laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

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Eligibility

 

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

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Purchaser Terms and Conditions

Purchases of Original Works of Art
 

You may purchase original works of art (“Original Works of Art”or "Art") that are listed by us. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) if any, for which you are responsible and which will be separately identified on your receipt. dvb gallery and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works ) may require additional shipping and handling charges and special arrangements.  The terms and conditions of DBFA gallery’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site. 

 

Order Cancellations

 

We reserves the right to cancel any order for an Original Work of Art if we determine, in our reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on the Site. If we cancel an order placed via the Site, we will send you an email confirmation of such cancellation and you will not be charged for your order.

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Transaction Restrictions

 

If you are an Artist and have submitted a listing for an Original Work of Art and have been contacted through the Services by another Purcahser with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art to such Purchaser independent of dvb gallery and the Services. Similarly, if you are a Purchaser and desire to purchase an Original Work of Art for which another Artist has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art from such Artist independent of the dvb gallery  and the Services. Violation of this provision may result in the termination of our Services to you as an artist or buyer, in addition to any other remedies available to dvb gallery including, without limitation, injunctive or other appropriate relief.

 

Taxes

 

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, or similar taxes or withholding taxes hat may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase and sale transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works, you acknowledge that dvb gallery will withhold the Taxes required to be withheld from the payments dvb gallery makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

 

For an artist living within the United States, a W9 Tax Form must be filled out for the sale of an Original Work.
 

If you are a purchaser of Original Works of Art, you acknowledge that Taxes will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

 

Color

 

You understand and agree that dvb gallery uses commercially reasonable efforts to display the colors of Original Works of Art accurately via the Services. However, because individual computer monitors may display colors differently, dvb gallery is not responsible for the color accuracy of any Original Works of Art displayed on the Services, and disclaims all liability in this regard.

 

The Site Content

 

We may also make available through the Services text, graphics, audio, video and images of works of art (collectively, the “Site Content”). DBFA authorizes you to download, view and print the Site Content solely for your personal use in visiting the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DBFA, except for the licenses and rights expressly granted in these Terms.

 

General Prohibitions

 

You agree not to do any of the following:

 

• Use, display, mirror or frame the Services, or any individual element within the Services, DBFA name, any DBFA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

• Access, tamper with, or use non-public areas of the Services, our computer systems or network, or the technical delivery systems of our providers;

• Attempt to probe, scan or test the vulnerability of any DBFA system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us.

• Attempt to access or search Services, the Site Content or or download the Site Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by our or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a our trademark, logo URL or product name without our express written consent;

• Use Services, the Site Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, the Site Content to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Site Content;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

 
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that DBFA  has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.