TERMS AND CONDITIONS
Thanks for visiting The Helios Gallery. Throughout these Terms and Conditions the terms “we” and “our” will refer to The Helios Gallery.
It is important to us that you have the best possible experience while using The Helios Gallery website (“this website”) and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth in the “info” section of this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
PHOTOGRAPHS AND OTHER PRODUCTS
Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests. Any replacement of a Limited Edition print will not be issued until evidence of the damaged piece has been destroyed.
All of the content on this site, including the photographs, text, graphics, design, and this website’s look and feel are owned by The Helios Gallery and may not be used or reproduced without our prior written approval.
RESERVATION OF COPYRIGHT AND ALL RIGHTS
All rights to all the images on this website are reserved by The Helios Gallery or the Copyright owners and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way except as noted below (See “Exception.”) without the prior written approval of The Helios Gallery or its authorized representatives, who are listed below. (See “For Permission.”)
PURCHASE DOES NOT CONVEY COPYRIGHT
Your purchase of a print, original artwork, or other products from The Helios Gallery is a purchase of an authorized physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by The Helios Gallery or the copyright owners, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of The Helios Gallery or the copyright owners, which may withhold its permission or limit any license granting permission for further use in its sole and unfettered discretion.
This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.
This means: You may not use any images from The Helios Gallery, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from The Helios Gallery. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and MySpace); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications (except as noted below, see “Exception”); in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.
If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission as noted below. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRODUCTS PURCHASED FROM THIS WEBSITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, TITLE, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH THIS WEBSITE, THE CONTENT HEREIN, AND/OR THE PRODUCTS WE SELL AND/OR DESCRIBE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.
PLEASE BE ADVISED: THE HELIOS GALLERY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE SAFTEY OF THE LOCATIONS AND METHODS OF SECURING OF PICTURE FRAMES, FURNITURE, AND DECOR DEPICTED IN PHOTOGRAPHS FEATURED ON THE HELIOS GALLERY’S WEBSITE AND IN OTHER MARKETING MATERIALS. YOU SHOULD ALWAYS EXERCISE APPROPRIATE CARE TO ENSURE THAT YOU HANG OR PLACE PICTURE FRAMES IN A SAFE LOCATION, USING AN EFFECTIVE METHOD TO HANG THE FRAME SECURELY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT SAFTEY OR THE BEST METHOD OF HANGING A PICTURE FRAME, ASSEMBLING FURNITURE, OR THE SAFTEY OF DECOR, YOU SHOULD CONSULT A PROFESSIONAL.
THE PRODUCTS FEATURED ON OUR WEBSITE ARE FOR YOUR VIEWING ENJOYMENT AND INSPIRATION. PLEASE BE ADVISED, THE HELIOS GALLERY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT ANY FEATURED PRODUCT OR DESIGN IS SAFE FOR CHILDREN, TODDLERS OR INFANTS. PARENTS AND RESPONSIBLE ADULTS SHOULD ALWAYS EXERCISE DUE CARE AND PRECAUTIONS FOR SAFETY WHEN SELECTING PRODUCTS OR INSTALLING DESIGNS INTENDED FOR USE BY CHILDREN, TODDLERS OR INFANTS.
Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.
We respect the privacy of this website’s visitors and customers and pledge not to sell, loan, rent, trade, or give away any personal information that you offer during your visit, when you join our email list, when you establish a Wish List, or when you make a purchase. Personal information provided by you will be used only for the services requested, such as processing an order or for contacting you in response to an order or other request you have made, except for the following circumstances:
(1) In the course of operating this website it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors, and select vendors so that we can operate this website and process orders. Where practical, we limit others’ use or disclosure of the information you have shared.
(2) We may share specific information you provide in connection with your Wish List to those visitors who seek to purchase items you have added to the list.
(3) We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, or to defend against legal claims and if, in our judgment in such circumstances, disclosure is required or appropriate.
(4) We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and Conditions, or as otherwise required by law.
(5) We may receive a confirmation when you open an email from us. We use customer contact information to send you information about our company, new releases, and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive email or other mail from us, simply click on “Unsubscribe me from this list” at the bottom of any newsletter.
CHILDREN UNDER 18
We do not sell products for purchase by children; however, many of our photographs and products may be attractive to children, and any photographs or products that are described as such or are meant for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
Permission to use an image in any manner other than as description under “Exception,” above, should be by email.
Effective date: July 1, 2014