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Effective: 02 March 2022
TABLE OF CONTENTS
Our Commitment To Privacy
The Information We Collect
How We Use the Information
Our Commitment To Data Security
How To Access, Correct Or Delete Your Information
How To Contact Us
OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
This policy applies to all information collected or submitted through the Portfolio Gallery website. We offer a number of services that do not require you to register for an account or provide any personal information to us, such as browsing the art, artists and other information. In order to provide our full range of services, you might need to register and we may collect the following types of information:
Information that you provide: When purchasing though through PortfolioBreck.com, we ask you for personal information (such as your name, email address and an account password). For certain services we also request credit card or other payment account information, which we maintain in secure form. We may combine the information that you submit under our website with information from other Portfolio Gallery services or third parties, in order to provide you with a better experience and to improve the quality of our services.
Log information: When you access PortfolioBreck.com, our servers automatically record information that your browser sends to us. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications: When you send emails or other communications to Portfolio Gallery, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
HOW WE USE THE INFORMATION
Providing our services;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our services;
Protecting the rights or property of our users and Portfolio Gallery; and Developing new services.
If we use your information in a manner different than the purpose for which it was collected and specified above, then we will ask for your consent prior to such use. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
When you send us an email, we use return email addresses to answer the email we receive. Such addresses are not shared with outside parties.
Portfolio Gallery processes personal information on our servers across the world. In some cases, we process personal information on a server outside your own country.
We may share with individuals and third parties certain pieces of aggregated, non-personal information, such as the number of users on the site, or how many users have viewed a profile or clicked on a particular piece of artwork. Such information will never identify you individually.
We might also share personal information with third parties outside of Portfolio Gallery to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Portfolio Gallery, its users or the public, as required or permitted by law.
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order or when we have your specific consent to do so.
We use non-identifying and aggregate information to better design our website. For example, we may tell an advertiser the number of individuals visited a certain area on our website, or the number of men and number of women that filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
HOW YOU CAN CORRECT OR DELETE YOUR INFORMATION
If you wish to correct or delete your information, you can submit a data deletion request to us via email at sales(at)portfoliobreck.com. Please make sure you submit your request from the same email address that you have registered with us.
HOW TO CONTACT US
Questions about the website, products or services can be addressed to:
Portfolio Gallery LLC, 226 South Main Street, Breckenridge, CO, 80424
TERMS & CONDITIONS
Effective: 02 March 2022
1. USER ACCEPTANCE
"Portfolio Gallery", "we" or "us" means Portfolio Gallery LLC
"Seller" means the seller of record for any Goods
"Buyer" means the person who's name is printed on the Order
"Contract" means the order and Order Confirmation (incorporating any Special Conditions)
"Defective" means containing a fault or defect
"Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
"Order" means the Buyer's Order for Goods or services
"Price" means the price together with postage and packing in force at the date and time of the Order
"Receipt" means the date when the Order has been delivered to the buyer
"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation
3. WEBSITE ACCESS
Portfolio Gallery grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without Portfolio Gallery LLC prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Website as permitted is solely for your own personal use.
You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Portfolio Gallery LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Portfolio Gallery LLC grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Portfolio Gallery LLC reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
4. THE WEBSITE
These Terms and Conditions apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Portfolio Gallery. Portfolio Gallery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Portfolio Gallery LLC from any and all liability arising from your use of any third-party website.
5. ORDERS AND SPECIFICATIONS
All Goods are offered for sale subject to availability and subject to Portfolio Gallery acceptance of the Order.
Portfolio Gallery reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
Portfolio Gallery has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, hand crafted nature of many of the Goods sold on Portfolio Gallery, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the Portfolio Gallery website.
Portfolio Gallery LLC endeavors to display and describe as accurately as possible the original Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.
6. PRICE, PAYMENT AND CURRENCIES
All prices are inclusive of any applicable sale taxes.
Payment must be made by credit card, PayPal, Google Pay, Apple Pay, gift card or debit card at the time of placing an Order which is accepted by the Portfolio Gallery LLC. Payment in full will be taken at this time and the Contract will be in force.
The Buyer undertakes that all details provided to Portfolio Gallery LLC for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of Portfolio Gallery LLC and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered.
Portfolio reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time. Portfolio Gallery may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Portfolio Gallery LLC. Portfolio Gallery LLC reserves the right to reject any Order based on erroneous pricing, discounts, or promotions. Unless otherwise agreed by Portfolio Gallery LLC, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same Order.
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be UPS or courier at the discretion of Portfolio Gallery LLC.
Portfolio Gallery LLC will endeavor to process and ship the purchase Order within 7 days of Order Confirmation, 10 business days or as otherwise stipulated. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and Portfolio Gallery LLC will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
If the Buyer wrongfully fails to take delivery of the Goods, Portfolio Gallery LLC shall be under no obligation to refund the Price.
8. RISK OF DAMAGE AND TRANSFER OF GOODS
Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from Portfolio Gallery LLC until Portfolio Gallery LLC has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to Portfolio Gallery LLC in respect of the Contract or any other Contract between Portfolio Gallery LLC and the Buyer.
9. USER CONTENT
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions" and “Comments”) and any Content provided to us by Website users are not endorsed by Portfolio Gallery LLC, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.
10. INTELLECTUAL PROPERTY RIGHTS
The Content on the Website, created by Portfolio Gallery LLC and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Portfolio Gallery LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Portfolio Gallery LLC or as expressly provided herein. Portfolio Gallery reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
11. COPYRIGHT INFRINGEMENT
In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, that is copyrighted material belonging to others, without obtaining their prior written consent. Portfolio Gallery reserves the right to remove any Content if we believe it may infringe the copyright rights of others. Portfolio Gallery also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Portfolio Gallery LLC to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Your contact details.
Such written notice should be sent to Portfolio Gallery via Email to: sales(at)portfoliobreck.com.
Portfolio Gallery LLC will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.
Portfolio Gallery LLC may, under certain circumstances and without prior notice, immediately terminate your access to the Website and any other services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Portfolio Gallery product or service. Termination of your access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Portfolio Gallery LLC's sole discretion and that Portfolio Gallery LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
13. MODIFICATIONS TO THE WEBSITE
Portfolio Gallery LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Portfolio Gallery LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
14. WARRANTY DISCLAIMER
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Portfolio Gallery LLC, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Portfolio Gallery LLC, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Portfolio Gallery LLC makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Portfolio Gallery LLC does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Portfolio Gallery LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Portfolio Gallery LLC or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
15. LIMITATION OF LIABILITY
In no event shall Portfolio Gallery LLC, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Portfolio Gallery, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Portfolio Gallery LLC shall not be liable for any content, Copyright violation by a user of the Portfolio Gallery Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
With regards to Goods purchased by the Buyer, the liability of Portfolio Gallery, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
You agree to defend, indemnify and hold harmless Portfolio Gallery LLC, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Portfolio Gallery, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
17. ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Portfolio Gallery LLC without restriction.
19. COPYRIGHT NOTICE
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Portfolio Gallery LLC.
All of the Portfolio Gallery LLC and Website trademarks are owned by Portfolio Gallery LLC and may not be used for any purpose without the prior written permission of Portfolio Gallery LLC.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Portfolio Gallery LLC's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Portfolio Gallery LLC reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. VIOLATIONS OF THESE TERMS & CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behavior, to sales(at)portfoliobreck.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behavior in question. Portfolio Gallery LLC will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.
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