Terms of Use

Please read our terms of use ("Agreement" or “Terms of Use") carefully before using this website, mobile applications and other services offered by Lemonade Gallery.


This User Agreement sets out the terms and conditions for your access and use of the website at www.lemonadegallery.com (the "Website"), mobile applications and services provided by Lemonade Gallery (our “Services”).


You agree to comply with all of our policies and accept these Terms of Use when accessing or using our Services. These Terms of Use govern your access to and use of the Website and Services, and constitute a binding legal agreement between you and Lemonade Gallery.


This Agreement applies to all users of our Services, including without limitation users who are artists, sellers, customers, content providers.


Lemonade Gallery & Marketplace

Lemonade Gallery acts as a Gallery - representing and selling the work of selected artists - and a Marketplace - enabling artists to showcase their work and sell directly to consumers.

Where artists have registered to sell via Lemonade Gallery’s marketplace, Lemonade Gallery is not directly involved in the transaction between buyers and sellers and the contract for the sale is directly between buyer and seller.

Whilst Lemonade Gallery approves artists and sellers to use it’s Services, it does not review the content or information they provide. Lemonade Gallery cannot guarantee that a buyer or seller will complete a transaction and does not transfer legal ownership of items from the seller to the buyer.

Whilst we can offer to help if any disputes arise between our users, Lemonade Gallery has no control over and does not guarantee the safety, quality, legality or any other aspect of the items listed, the truth or accuracy of descriptions or images or the ability of sellers to sell items and the ability of buyers to pay for items.

Lemonade Gallery recommends that buyers make sure they know what they are buying, communicate with the artist and use all means available to them to ensure their transaction(s).

Lemonade Gallery is not responsible or liable for any content, such as data, text, descriptions, usernames, graphics, images, profiles, audio, video and links posted by you, other users, or outside parties on Lemonade Gallery.


Your Account

You are fully responsible for all activity, liability and damage resulting from any failure to maintain password confidentiality. You agree to immediately notify us of any unauthorised use of your password or any breach of security. Lemonade Gallery is not liable for any loss or damage arising from your failure to keep your password secure.

You are solely responsible for your conduct and activities using Lemonade Gallery’s Services and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Lemonade Gallery.

You must not post false, inaccurate, misleading, defamatory, or libellous content, engage in any activities that could be considered fraudulent or involve the sale of illegal, counterfeit or stolen items, or infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

We reserve the right to cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time.


Content

Lemonade Gallery does not claim ownership rights in your Content.

You grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future.

You agree to allow Lemonade Gallery to store, translate, or re-format your Content and display it on Lemonade Gallery in any way we choose.Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.

While we try to offer reliable data, we cannot promise that Content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies in Content provided.


Buying

When buying an item, you are responsible for reading the full item description before making a commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item and are obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.


Copyright Policy

Lemonade Gallery respects copyright law and the rights of artists and creatives and expects its users to do the same. Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders will have their accounts closed.


Liability

We cannot guarantee continuous, uninterrupted access to the Website or our Services, and operation of the Website may be interfered with by a number of factors outside of our control.

In no event shall Lemonade Gallery, and (as applicable) Lemonade Gallery's subsidiaries, officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to, the conduct of you or anyone else in connection with the use of the Website, our Services, or this agreement, including without limitation, most profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


Disputes with Users or Third Parties

In the event a dispute arises between you and another user or a third party, you are encouraged to contact the user or third party to resolve the dispute swiftly and amicably.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Lemonade Gallery, they may choose to contact Lemonade Gallery in order to resolve the dispute. Lemonade Gallery does so in it’s sole discretion, and has no obligation to resolve disputes between users or between users and outside parties. To the extent that Lemonade Gallery attempts to resolve a dispute, it will do so in good faith and will not make judgments regarding legal issues or claims.

You release Lemonade Gallery (and Lemonade Gallery's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.


Breach

Without limiting any other remedies, Lemonade Gallery may, without notice, delay or immediately remove Content, warn our community of a user's actions, issue a warning to a user, temporarily suspend a user, terminate a user's account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a user.

Lemonade Gallery reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates. No WarrantyLemonade Gallery, Lemonade Gallery's subsidiaries, officers, directors, employees, and suppliers provide the Website and Services "as is" and without any warranty or condition, express, implied or statutory. Lemonade Gallery, Lemonade Gallery's subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Additionally, no advice or information (oral or written) obtained by you from us shall create any warranty.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.


Indemnity

You agree to indemnify and hold Lemonade Gallery and (as applicable) Lemonade Gallery's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents that it incorporates by reference, or your violation of any law or the rights of a third party.


No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Service

Lemonade Gallery reserves the right to modify or terminate the Service for any reason, without notice, at any time. Lemonade Gallery reserves the right to alter these Terms of Use or other Website policies at any time, so please review the policies frequently.


If we modify these Terms of Use, we will post the modification on the Website. We will also update the "Last Updated Date". By continuing to access or use the Website or Services after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must stop using the Website and Services.


Intellectual Property

Lemonade Gallery, and Lemonade Gallery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks of Lemonade Gallery in the U.K. and/or other countries.


Governing Law

This agreement is governed and construed in all respects in accordance with the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.


For Marketplace Artists and Sellers


Marketplace Eligibility

Lemonade Gallery’s Marketplace services are only available to individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.


Taxes and Lawful Trading

You are responsible for all applicable taxes that may become due as a result of using and selling via our Services.

If you are registering with Lemonade Gallery as a business entity, you represent that you have the authority to legally bind that entity.Whether registering as a business or individual, you agree to comply with all local laws regarding online trading, conduct and acceptable content.


Fees and Billing

Lemonade Gallery charges a percentage of the sale price when the item sells - currently 5% - and remits to you minus any transaction costs incurred and this fee. Funds from sales of your items will be added to the Balance on your account, for you to withdraw using the “Withdraw Funds” feature provided.

You are responsible for paying all fees and applicable taxes associated with using Lemonade Gallery and remain obligated to pay all fees due if you close your account. If your account is not paid in full and becomes past due, you risks penalties and the closure of your account. We may also engage a collection agency or legal counsel to recover any fees due and in such instance you may also incur additional charges.

We may change our fees, or introduce new fees from time to time by posting the changes on the Lemonade Gallery website or via direct message or email. In such instance, you may close your account without penalty within 30 days.In certain situations, including but not limited to a void or invalid transaction, Lemonade Gallery may issue a credit for the applicable fees to a seller's billing statement.


Listing and Selling

You warrant that you may legally sell any items you list for sale. You must make your best efforts to accurately describe any item and all terms of sale on Lemonade Gallery.

You are encouraged to outline your policies regarding “made to order”, shipping, returns, payment and selling policies. We reserve the right to request that you modify a policy.

All sales are binding. You are obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance.


User Information

As part of a transaction, you may obtain personal information such as email addresses and shipping information from another Lemonade Gallery user. Unless prior permission is granted by the other user, this information shall only be used for that transaction or for communications regarding Lemonade Gallery. Lemonade Gallery does not grant you a license to use the information for unsolicited commercial messages or unauthorised transactions.


Last updated 19 November 2014