Terms of Use

This Website is owned and operated by Bradams Ridge LLC d/b/a Gay Street Gallery (“we,” “us,” or “our”) to provide general information to persons interested in doing business with us. Access to and use of this Website is governed by the following Terms of Use. By accessing and using this Website, you accept and agree to be bound by these Terms of Use, regardless of whether you have read through all of the applicable terms, which are subject to change and revision from time to time without notice. Any such changes will be effective immediately upon being posted to this Website. Each time you use this Website, you should review the current Terms of Use. Your continued use of this Website will indicate your acceptance of the current Terms of Use.

 

1. Your Contact Information

By submitting your contact information, including your name, phone number, mobile phone number, or email address, you understand that we may contact you by email or phone to discuss your inquiry and you consent to this contact. If you provide to us a mobile phone number, you understand that you may receive SMS/text messages from us in response and you consent to this contact. Message and data rates may apply.

2. Your Representations

All entries made by you on this Website constitute affirmative representations by you that the information provided is accurate and not submitted for an unlawful purpose.

3. Our Content

All content included on this Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is property owned or licensed to us and is protected by copyright, trademark, patent, or other proprietary rights. You agree that you may not copy, use, distribute, or modify any of the contents of the Website for public or commercial purposes without prior written consent from us. However, We grant you permission to make one copy of the content on any or all pages of this Website for your personal use in doing business with us, provided that this permission shall be automatically revoked upon your violation of any of these Terms of Use.  You agree that images of artwork may not be downloaded, copied, distributed or otherwise used by you for any purpose without our express permission.  For the avoidance of doubt, any use of the Content via any other web site or other networked computer environment, including but not limited to framing or remote replaying, is prohibited. Nothing contained on this Website is intended to grant an implied or express license or right to use any Content except as expressly set forth in these Terms of Use. Any other use is strictly prohibited.

4. No Reliance

While we endeavor to keep the information on this Website up to date and accurate, we make no warranties or representations as to the accuracy of any information on this Website, and you are expressly advised not to take any action, or make any decision, in reliance on any statement contained on this Website. We may not be held legally responsible for any errors or omissions in the content of this Website.

5. Limitation of Liability and Disclaimer of Warranties

Your use of this Website is entirely at your own risk. Neither we, our directors, officers, employees nor any other party involved in creating, producing or delivering this Website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website, regardless of the theory or basis upon which damages are claimed. The content and functionality of this Website is provided to you AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

6. Damage to Property

Electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, and their use may result in damage to the user’s systems or operations. We assume no responsibility for, and shall not be liable for any damages to your computer equipment or your software or other property, even if that is caused by your access to or use of this Website or your downloading of any materials (including any text, images, video or audio) from this Website. It is your responsibility to use appropriate measures, such as virus-detection software, to protect your information technology assets.

7. Links to Third Parties’ Websites

This Website may contain links and interactive functionality interacting with the websites of third parties. We have not reviewed all of those third party websites. We are not responsible for, and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. The links and interactive functionality for third party websites on this Website in no way constitute an endorsement by Us of these third party websites. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

8. Cookies

A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. When you visit our Website, we may use both a session and a persistent cookie. This cookie may contain information (such as a unique user ID) that is used to track your usage of our Website and in some cases, your e-mail address.

9. Notices and Electronic Communications

To be effective, any notice you send to us shall be sent by mail to Gay Street Gallery at PO Box 460, Washington, VA 22747 or, if by private courier, to Gay Street Gallery at 337 Gay Street, Washington VA 22747, or by email to office@gaystreetgallery.com.  In the case of notices we send to you, you consent to receive notices and other communications by us posting notices on this Website, sending you an email at the email address you previously provided, or mailing a notice to you at your address previously provided. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on this Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Useto the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Consent to Jurisdiction; Miscellaneous Provisions

By proceeding to use this Website, you consent to be subject to the territorial jurisdiction of the courts of the Commonwealth of Virginia and/or the United States District Courts for the Eastern and Western Districts of Virginia. You also agree that Virginia law and, if applicable, federal law, will govern the interpretation of these terms and the existence of your agreement to them. These Terms of Use constitute the entire agreement between you and us with respect to this Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Useshall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.