Certain areas of the Site 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 Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. 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.
ModificationMohsen Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or 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 Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site 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 Site and Services.
EligibilityThe Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Responsibility for WorksYou acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i)as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Mohsen Gallery the rights in such Digital Works as contemplated under these Terms; and (iii)neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor Mohsen Gallery’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Online SalesIf you submit listings for Original Works of Art, you hereby appoint Mohsen Gallery as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Mohsen Gallery a worldwide, transferable, nonexclusive, commission-bearing right and license, with a right to sublicense, use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art in connection with the Site and Services and Online Sales.
If you submit listings for Digital Works, you will Permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through our print service.
If you submit listings for Digital Works, you hereby grant Mohsen Gallery a worldwide, transferable, nonexclusive, commission-bearing right and license, with a right to sublicense, to use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”). Mohsen Gallery may appoint one or more third party subcontractors, who may exercise the forgoing license rights for the purpose of enabling Mohsen Gallery to process and fulfill orders for Printed Works.
As between you and Mohsen Gallery, Mohsen Gallery will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Mohsen Gallery, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
Mohsen Gallery and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Mohsen Gallery’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Mohsen Gallery and the third party website or Mohsen Gallery’s Offline Sales partner, as applicable, to Mohsen Gallery and share related shipping information, including the contact details of the purchaser where necessary, with Mohsen Gallery.
For Original Works of Art only, Mohsen Gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Mohsen Gallery, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Mohsen Gallery will provide you with information regarding its preferred shippers with which Mohsen Gallery maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Mohsen Gallery preferred shipper account, Mohsen Gallery will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Mohsen Gallery if you are using a Mohsen Gallery preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Mohsen Gallery (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Mohsen Gallery preferred shipper or if you pay for the cost of shipping yourself, Mohsen Gallery will reimburse you for the amount you paid, up to the amount that Mohsen Gallery or the third party website charged the purchaser for shipping.
For sales of Original Works of Art via the Online Sales channels, Mohsen Gallery will credit your Account in an amount to be determined in accordance with Mohsen Gallery’s then-current standard Pricing and Commission Terms. For sales of Original Works of Art via the Site and Services, subject to Mohsen Gallery’s receipt of confirmation of delivery to the purchaser, Mohsen Gallery will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, Mohsen Gallery will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Mohsen Gallery, in its sole discretion.
For sales of Printed Works via Online Sales and Offline Sales, Mohsen Gallery will credit your Account with the applicable Artist Revenue Share as set forth in Mohsen Gallery’s then-current standard Pricing and Commission Terms.
You will have the right to request Mohsen Gallery to remit the Artist Revenue Share in your Account in accordance with a Mohsen Gallery-designated payment schedule; provided, that you must have a minimum Account balance of $100 dollars in order to request payment of any Artist Revenue Share. that is reflected in your Account. Upon the termination of these Terms or cancellation of your Account, Mohsen Gallery will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Site, the rights and licenses granted by you to Mohsen Gallery under these Terms with respect to the Digital Work will terminate as of the date the listing is removed, except that such rights and licenses will survive and remain in effect for as long as necessary for Mohsen Gallery and its third-party subcontractors to fulfill any in-progress orders for Printed Works and for any orders for Printed Works accepted by Mohsen Gallery or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination.
Purchaser Terms and Conditions
Purchases of Original Works of ArtAs a Member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Mohsen Gallery and not from the Member identified on the listing for such work. 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 or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Mohsen Gallery and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Mohsen Gallery’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Printed WorksAs a Member, you may purchase Printed Works that are listed by other Members on the Site. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site and Services, Mohsen Gallery and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of Mohsen Gallery’s then-current Return Policy apply to any Printed Works that you purchase through the Site and Services. When you purchase Printed Works via Online Sales (other than via the Site and Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels which will be presented to you at the time of purchase.
Terms for both Sellers and Purchasers
TaxesAll prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works and/or Printed Works, you acknowledge that Mohsen Gallery will withhold the Taxes required to be withheld from the payments Mohsen Gallery makes to you. If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Mohsen Gallery will add Taxes to the amounts charged, as a separate charge, 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.
FeedbackWe welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Mohsen Gallery and you hereby irrevocably assign to Mohsen Gallery and agree to irrevocably assign to Mohsen Gallery all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Mohsen Gallery’s request and expense, you will execute documents and take such further acts as Mohsen Gallery may reasonably request to assist Mohsen Gallery to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
Mohsen Gallery ContentMohsen Gallery may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “Mohsen Gallery Content”), some of which is owned by Mohsen Gallery (“Mohsen Gallery-owned Content”), and some of which is made available under license by a third party (“Mohsen Gallery-licensed Content”). Mohsen Gallery authorizes you to download, view and print Mohsen Gallery-owned Content” solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Mohsen Gallery Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Mohsen Gallery Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mohsen Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.Use, display, mirror or frame the Site, or any individual element within the Site, Mohsen Gallery’s name, any Mohsen Gallery trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mohsen Gallery’s express written consent,Access, tamper with, or use non-public areas of the Site, Mohsen Gallery’s computer systems, or the technical delivery systems of Mohsen Gallery’s providers,Attempt to probe, scan or test the vulnerability of any Mohsen Gallery system or network or breach any security or authentication measures,Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mohsen Gallery or any of Mohsen Gallery’s providers or any other third party (including another user) to protect the Site, Services, Mohsen Gallery Content or Member Content,Attempt to access or search the Site, Services, Mohsen Gallery Content or Member Content or download Mohsen Gallery Content or Member Content from the Site or 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 Mohsen Gallery 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 Mohsen Gallery trademark, logo URL or product name without Mohsen Gallery’s express written consent,Use the Site, Services, Mohsen Gallery Content or Member 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 the Site, Services, Mohsen Gallery Content or Member 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 Site, Services, Mohsen Gallery Content or Member 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 Site,Collect or store any personally identifiable information from the Site or Services from other users of the Site or 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.
Mohsen Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mohsen Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Mohsen Gallery has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and 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. Mohsen Gallery reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Mohsen Gallery Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Mohsen Gallery, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Sweepstakes and ContestsMohsen Gallery may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Mohsen Gallery’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
OwnershipThe Site, Services and Mohsen Gallery Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Mohsen Gallery and its licensors exclusively own all right, title and interest in and to the Site, Services and Mohsen Gallery Content, Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Mohsen Gallery Content.
Copyright PolicyMohsen Gallery respects copyright law and expects its users to do the same. It is Mohsen Gallery’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mohsen Gallery’s Copyright Policy at www.mohsengallery.com/copyright/ for further information.
LinksThe Site may contain links to third-party websites or resources. You acknowledge and agree that Mohsen Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mohsen Gallery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account CancellationIf you breach any of these Terms, Mohsen Gallery will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Mohsen Gallery reserves the right to revoke your access to and use of the Site, Services, Mohsen Gallery Content and Member Content at any time, with or without cause. In the event Mohsen Gallery terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
DisclaimersTHE SITE, SERVICES, MOHSEN GALLERY CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOHSEN GALLERY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOHSEN GALLERY MAKES NO WARRANTY THAT THE SITE, SERVICES, MOHSEN GALLERY CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOHSEN GALLERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOHSEN GALLERY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MOHSENGALLERY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES MOHSEN GALLERY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. MOHSEN GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
IndemnityYou agree to defend, indemnify, and hold Mohsen Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Mohsen Gallery Content or Member Content, or your violation of these Terms.
Limitation of LiabilityYou acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Mohsen Gallery Content and Member Content remains with you. Neither Mohsen Gallery nor any other party involved in creating, producing, or delivering the Site, Services, Mohsen Gallery Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Mohsen Gallery Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mohsen Gallery has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Mohsen Gallery’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Mohsen Gallery Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art or has licensed Digital Works and has received commissions from Mohsen Gallery from the sale of Printed Works, the total payments made or credited to you by Mohsen Gallery for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii)if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to Mohsen Gallery for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mohsen Gallery and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights NoticesAll trademarks, service marks, logos, trade names and any other proprietary designations of Mohsen Gallery used herein are trademarks or registered trademarks of Mohsen Gallery. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and JurisdictionThese Terms and any action related thereto will be governed by the laws of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire AgreementThese Terms constitute the entire and exclusive understanding and agreement between Mohsen Gallery and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mohsen Gallery and you regarding the Site and Services.
AssignmentYou may not assign or transfer these Terms, by operation of law or otherwise, without Mohsen Gallery’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mohsen Gallery may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
NoticesAny notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Mohsen Gallery via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
GeneralThe failure of Mohsen Gallery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mohsen Gallery. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Mohsen GalleryIf you have any questions about these Terms, please contact Mohsen Gallery at email@example.com