Terms + Policies

Sadaf Gallery & Interiors, LLC

Terms of Use Agreement

 

Last Revised on March 29, 2021

 

This Terms of Use Agreement (“ToU”) is made between Sadaf Gallery & Interiors, LLC (“Sadaf,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

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Services this ToU Covers
 

Sadaf is an interior design and art firm that offers interior design services, commissioned artworks, and an online gallery whereby you can purchase original art and prints created by Sadaf. This ToU applies to our online services, including our website www.sadafgalleryandinteriors.com, online gallery, social media accounts, and any future online services we develop. Please note that our interior design and commissioned artwork services are controlled by separate service agreements provided to you upon engaging us for such services.

 

Services This ToU Doesn’t Cover
 

We love supporting our partners, and to show our appreciation, we occasionally link to their websites and services. When you click on one of these links, you are leaving Sadaf, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. It is also important to note that all of our gallery purchases are hosted through the Wix platform, and you will be subject to Wix’s service policies which can be accessed here: https://www.wix.com/about/terms-of-use. Additionally, when you are using any other third-party platform to interact with our goods or services such as Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in lieu of such agreements.

 

Acceptance of ToU
 

We know these ToU’s can be tedious to get through. However, by accessing our online services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing. 

 

Changes to Terms
 

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU. 

 

Conditions Before You Access Our Online Services
 

Our online services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 – 17 must have permission from their parent or guardian before accessing our online services. Additionally, to purchase any artwork from our online gallery, you must be over the age of 18 and be authorized to use our services and enter into this ToU if you are acting on behalf of a company.  

 

 

Privacy & Personal Information
 

• Directly Providing Information to Us: In some circumstances, when interacting with our services, you may be asked to provide specific personal information so that we can help you with a particular inquiry, or you may give information to us on your own accord. When providing such information, you permit us to use such information to fulfill your requests and for our legitimate business purposes. Such information may include personal information such as your name, email address, phone number, credit card details, or residential address. For example, you consent for us to use the information you have provided when you purchase artwork from our online gallery, sign up for our newsletter, reach out to us by email or our social media accounts when you use any “contact us” form on our platforms, when you interact with our support or customer service teams, or when you comment on our social media posts. You should also be aware that the comments you make on our social media accounts may also be accessible to the public.

 

• Interacting with Our Services: You also permit us to collect information such as your IP address, browser type, geolocation, device type, frequency of visits to our online services, and network connection type while you use our website. We use cookies and third-party services, such as Google Analytics, to help us collect this information. We only use this type of information in anonymized and aggregated forms; this means you are not personally identifiable to us. However, you should be aware that in some circumstances, we may be legally required to hand over this information to law enforcement or regulatory authorities, who may then use this information to reveal your identity.

 

• Credit Card Information: For your convenience, we allow Sadaf users to purchase gallery artwork and services using their credit card. We only use PCI-compliant third-party vendors to process online payments; this means unless for some reason we have to input your credit card information manually, we typically don’t see your credit card information. Purchases made via our online gallery are directly sent through SSL secure credit card processing via Wix.

 

• Privacy Law Compliance: Any personal information that we receive will be treated per U.S. privacy laws. We only use your personal information for our legitimate business purposes, and we NEVER collect your information for the purpose of selling, renting, trading, or otherwise abusing it. You may opt-out of our newsletter at any time, and we will make all reasonable efforts to respond and comply with requests regarding the storage, amendment, and deletion of your personal information.

 

Cookie Policy
 

Cookies are small files that we transfer to your computer’s hard drive through your browser. 

 

• Types of Cookies We Use: We use both session cookies that are erased once you exit your browser and persistent cookies that stay on your device for a set period of time or until you manually delete them. 

 

• Why Does Sadaf Use Cookies? We mainly use cookies to help ensure you have the best user experience possible and give us insight into how we can improve our online services. We also use cookies to provide us with insight into things like the number of visitors to our website, the type of devices being used to access our website, how visitors ended up on our website, and the general geographic area they are located. As you have probably heard, cookies may also be used to ensure that you see advertisements relevant to your interests. Currently, we do not use targeted advertising on our website or sell any advertising space on our website for third-party use. However, we may, at times, use targeted advertising through Google, Instagram, and Facebook. Google, Instagram, and Facebook use cookies on their platforms to collect information about your interests. When we advertise our services through their platforms, we can select a targeted audience that we hope may be interested in our services. That is why you may see some paid or sponsored advertisements from Sadaf while using these platforms.

 

• Can I Block Cookies? Most browsers have an option to stop your computer from accepting cookies altogether or to stop certain types of cookies. If you decide to block cookies, our online services may operate a little strangely, since we rely on some cookies for our online services' functionality. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going the following links:

 

Facebook - https://www.facebook.com/settings/?tab=ads
Google - https://adssettings.google.com 

Digital Advertising Alliance - http://optout.aboutads.info/ 

 You can learn more about cookies at www.allaboutcookies.org.

Gallery Artwork Pricing, Promotions, and Billing
 

All purchases made via our online gallery are subject to taxes and shipping costs. Prices advertised and promotional offers are not guaranteed until a purchase has been processed and you have received a confirmation receipt. Promotions cannot be combined with any other offer and are limited to one per person. Pricing and promotional offers are subject to change at any time.

 

Gallery Artwork Availability
 

While we always try to ensure that we have availability of gallery artwork at the time of your purchase, unfortunately, we cannot guarantee that a particular artwork will always be in stock. If, after purchase, it comes to our attention that we are out of stock for a particular artwork, we will reach out and arrange either a refund or credit towards another gallery artwork.

 

Gallery Artwork Refunds & Credits
 

If you are not 100% satisfied with a gallery artwork that has been purchased, you can return the product and get a full refund or credit towards another product. To initiate a refund or credit, you will need to notify us via email at aliyah@sadafgalleryandinteriors.com within 48 hours of delivery of the product to you. Any product you return or request credit for must be in the same condition you received it and in its original packaging. Once a return is received and inspected, Sadaf will notify you if the return has been accepted and refund or issue a credit within three business days of receipt of the artwork minus any costs incurred by Sadaf for shipping. All credits must be used within six months of issuance. You will be fully responsible for all shipping costs associated with returning the artwork, and all returned artworks must be insured for up to their value and tracked.
 

Gallery Artwork Transfer of Title, Bill of Sale & Resale
 

Upon purchasing a gallery artwork, custody and title to the artwork will be transferred to you, and you will assume all responsibility and liability for the artwork. Gallery artworks are sent with a Bill of Sale. The Bill of Sale will outline the transfer of title and terms relating to our continued rights in the artwork. If you resell, transfer or assign the artwork to another individual or entity, the Bill of Sale terms will be binding on that individual or entity, and you must ensure that the terms of the Bill of Sale are contained in your own Bill of Sale.

 

Gallery Artwork Maintenance & Repairs
 

You will be responsible for ensuring that any artwork purchased from our online gallery is maintained and preserved per reasonable conservation standards, considering the nature of the artwork. If the artwork requires maintenance or repair, you agree to consult with us on best practices and offer us a right of first refusal to conduct or supervise such repair work on the artwork at a reasonable industry standard fee.

 

General Intellectual Property & Grant of License to Use Online Services
 

Our online services contain content, such as the “Sadaf” name and logo, our website design, and our website code, that is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our online services, such as fonts and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Sadaf does not grant or transfer any other rights, title, or interest to you other than the following limited license: Sadaf grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Sadaf’s online services for non-commercial purposes only. Sadaf reserves the right to terminate this license at any time if your use of our online services is not in strict compliance with this ToU. 

 

Artwork Copyright Ownership and Copyright
 

We reserve all rights under the Copyright Act of 1976 and The Visual Artists Rights Act of 1990, as the sole author of any of our artwork sold to you, for the duration of the copyright of such works. You agree not to intentionally alter, change, destroy, distort, discredit, or damage the artwork without first obtaining permission from us. Further, you are not permitted to make 2D or 3D reproductions of the artwork for any reason, including but not limited to using the artwork on apparel, prints, merchandise, or advertising campaigns, without our express written permission which may be subject to negotiation of a licensing agreement. Notwithstanding the above, we give revocable permission for you to take photographs of any space in which the artwork is displayed for use on social media platforms provided such rights are exercised tastefully and professionally, and you appropriately credit us substantially in the form of “© Sadaf Gallery & Interiors, LLC,” or “Artwork by Sadaf Gallery & Interiors, LLC.” We reserve the right for any reason to abandon association with the artwork, request for credit associated with the artwork to be removed, or demand for photographs of the artwork to be removed.

Representations and Warranties

• Sadaf’s Representations and Warranties

SADAF’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SADAF MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, SADAF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. SADAF DOES NOT WARRANT THAT USE OF SADAF SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. SADAF IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. 

 

• User Representations and Warranties

By using Sadaf’s services, you represent and warrant that:

• You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

• You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;

• You have read and agree to this ToU and will not use Sadaf’s services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

• You will not try to reverse engineer our site or software to circumvent access to our services; 

• You will not circumvent or hack any technology used by Sadaf to protect our services and our users;

• You will not transmit any worms or viruses or any code of a destructive nature;

• You will comply with Wix’s terms of service; and

• You will not copy or fraudulently reproduce Sadaf’s content or violate our intellectual property rights.

 

Limitation of Liability
 

IN NO EVENT WILL SADAF BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. SADAF WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SADAF UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO SADAF FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SADAF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND SADAF.

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Indemnification
 

You agree to indemnify and hold Sadaf harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from any breach by you of this ToU and any activity related to your engagement with our online services.
 

International Users
 

Sadaf’s services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Sadaf outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose.
 

Dispute Resolution
 

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY SERVICES PROVIDED BY SADAF. 

• Letting Us Know About Complaints

At Sadaf, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Sadaf's services, please reach out to Sadaf to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

 

• Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to services provided under this ToU, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute under USD 10,000.00 that would be more efficiently and cost-effectively resolved in a small claims court. 

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Cook County, Illinois. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against Sadaf to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse Sadaf for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs. 

 

• Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Sadaf will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of Sadaf’s services. 

 

Assignment

 

You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Sadaf. Sadaf reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Sadaf business or assets. However, we will do our best to let you know if there has been a substantial change in the ownership of Sadaf.

 

Survival of Terms Beyond Termination

 

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
 

Waiver and Severability
 

No waiver by Sadaf of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
 

Applicable Law and Jurisdiction
 

Except where otherwise required by mandatory law, this ToU is to be governed by and interpreted, constructed, and enforced in accordance with the laws of the state of Illinois without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Cook County, Illinois.
 

Entire Agreement
 

This ToU represents the entire and exclusive agreement between Sadaf and our users. All previous written and oral agreements and communications related to the subject matter of this ToU are superseded. In the event of any interior design and commissioned artwork service agreement is provided or has been provided in addition to this ToU, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such services agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.
 

Contact Us
 

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our online services. However, if you have any questions about this ToU or Sadaf’s services in general, just reach out! We would be more than happy to explain.

 

Email: aliyah@sadafgalleryandinteriors.com