SECTION 1 - OVERVIEW
This website www.monalovesgustav.com is owned and operated by Mona Loves Gustav, Inc. Mona Loves Gustav offers this website, including all information, tools and services available from this site to you and by using our website you accept and are bound by its terms, conditions, policies and notices.
SECTION 2 - GENERAL CONDITIONS
(1) You represent that you are at least 18 years old.
(2) You will not reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
(3) You will not decipher, decompile, reverse engineer or otherwise derive or extract the coding, algorithms, and any concepts underlying our services.
(4) You may not use our website, products and services for any illegal or unauthorized purpose or in violation of any laws (including, but not limited to, copyright and trademark laws).
(5) You must not interfere with or attempt to interfere with our website’s network security.
(6) You must not interfere with the operations of our services including transmitting any worms or viruses or any code of a destructive nature.
(7) If you breach or violate any of the Terms, we will terminate all services immediately. We also reserve the right to refuse service to anyone for any reason at any time.
SECTION 3 - OUR USERS
We have two different categories of services to users of our website, both of which are designed to foster connections between consumers of visual art and art businesses:
- The ArtDNA® Quiz -- a scientifically developed art personality assessment tool that is free to the user.
- Software as a service to art businesses - including art fairs and their exhibitors, art galleries, artist collectives, and artists.
Mona Loves Gustav is an intermediary providing a channel between art consumers and businesses but is not a party to any commercial transaction between the consumer and art business arising out of the connections made.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We have made every effort to display as accurately as possible the colors and images of suggested curated artwork that are for sale by our business clients or on exhibition by public institutions. We cannot guarantee that the graphic display on your computer or other device will be accurate. The purchase of artwork from our business clients or any third party named on or linked to on our website or in our communications to you is at your sole risk and responsibility and is completely subject to and governed by that seller’s terms and policies.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products and services for art businesses are subject to change without notice. We reserve the right at any time to modify or discontinue services (or any part or content thereof including pricing) without notice at any time.
If you do not agree to the changes, you should cease using the services and our website. For subscribers to our services who do not agree to a price change, you may cancel your subscription pursuant to the terms of Section 7. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our service.
SECTION 6 - INTELLECTUAL PROPERTY
A. We are the sole proprietary owner of all content on the website and in our communications to you, except as described in subparagraph B below, including but not limited to text, images, graphics, logos, product names, trademarks, and service marks. We are the sole proprietary owner of any and all software we have and will create and data collected in connection with our services and any methodologies, analytics, algorithms, or other concepts and processes derived from that data. Any unauthorized use of our content, services, and underlying intellectual property will be a violation of our copyright and other intellectual property rights under United States and any other applicable law and may subject the unauthorized user to liability under those laws. Our services and content are also protected as a compilation and/or collective work under United States and International copyright laws. We have sourced images of artwork for our services from art institutions and collections, all of which are works in the public domain in the United States.
B. We are not the proprietary owner of the following content:
- Logos or other co-branding graphic content provided by our business clients.
- Images of artwork for sale provided by our business clients and appearing as a curated collection on the “Results Page” of the ArtDNA® Quiz and marketing emails.
C. If you believe that our site contains copyrighted images that have been infringed, please provide us with the following via email at email@example.com:
- A description of the copyrighted work you claim is infringed upon
- The location on the website of the copyrighted work you claim is infringed upon
- Your address, telephone number, and email address
- The signature (electronic or physical) of the person authorized to act on behalf of the copyright owner
- Your statement that our use of the work is not authorized
- Your statement, made under penalty of perjury, that the information you provided is accurate and made as the copyright owner or authorized to act on the copyright owner’s behalf.
SECTION 7 - PRODUCTS AND SERVICES FOR BUSINESSES
We offer subscription services to our business clients for a fee which is charged on a monthly basis. The services provided are
(1) marketing - the promotion of the client’s artworks for sale to our ArtDNA® Quiz takers, and
(2) data analytics - the provision of art market data analytics and the client’s market performance. The services are based on the ArtDNA® Quiz user database. The marketing channels are our website, social media platforms, and email marketing.
To subscribe, the client will register and create an account via our website, create a username and password, create a user profile, provide market information, and upload images of artwork for sale. You must maintain and safeguard the password. You must provide complete and accurate information. If your information changes at any time, you must update your account to reflect those changes. You must notify us when an artwork that has been uploaded to your account has been sold or is otherwise no longer available for sale.
When you purchase a subscription for services, we will bill the credit card you have provided for the applicable subscription fee, a reasonable processing fee, and state sales tax where applicable. We use a third-party payment service “Stripe” to process subscription payments. Any subscription you purchase will automatically renew on a recurring basis at the end term of that subscription. To cancel or change a subscription, contact us at firstname.lastname@example.org. We will issue a pro rata refund for the remaining period of your canceled subscription.
Subject to your complete and ongoing compliance with these Terms, you are granted limited, non-transferable, non- sublicensable, permission to access and use the services for your internal business use at the level of service for which you have paid the applicable fees
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
As the platform is in the “beta” stage, there may be issues with functionality. Any temporary interruptions in service will be addressed as soon as practicable but in no case will we be liable for damages claimed from a service interruption. We need to perform scheduled maintenance on the website on an ongoing basis which will be done from 12:00 - 4:00 AM CST.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any order placed. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our services may include materials from third-parties. Third-party sites may be co-branded with Mona Loves Gustav and include our trademark.
Third-party links on this site may direct you to third-party websites. If you purchase products or services from a third-party site, we are not a party to that transaction and your contract is with that third party. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send comments, reviews, recommendations, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personalty or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to, without prior notice, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).
SECTION 14 - PROHIBITED USES
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to use or distribute any of our content for your own scientific, research or any other purpose;
(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(g) to submit false or misleading information;
(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or of any related website, other websites, or the Internet;
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of our website, any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products or services will be uninterrupted, timely, secure or error-free.
We do not warrant that the quality of any products or services purchased or obtained by you will meet your expectations, or that any errors will be corrected.
We do not warrant that the results that may be obtained from the use of the services, including the ArtDNA® Quiz assessment tool, will be accurate or reliable.
The website’s ArtDNA® Quiz is not a clinical or medical assessment tool and does not provide or recommend medical or psychological treatment.
We make no warranty regarding any and all artworks contained in our curated suggestions to ArtDNA® Quiz takers.
We make no warranty regarding any and all artworks contained in our curated suggestions to ArtDNA® Quiz takers and purchased from our business clients.
We make no warranty that the artworks for sale in our curated collections marketed to ArtDNA® Quiz takers will be purchased.
We have no control over the duration that images and identifiable information about the artwork we market remains visible on the social media platforms.
We make no warranty regarding the accuracy, timeliness, completeness, or reliability of any content obtained through the Website.
You agree that from time to time we may remove the services for indefinite periods of time or cancel the services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website services is at your sole risk. The website services and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mona Loves Gustav, Inc., our directors, officers, advisors, employees, affiliates, subsidiaries, partners, agents, contractors, interns, suppliers, service providers, subcontractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website services or any products procured using the service, or for any other claim related in any way to your use of the website services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the website services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
SECTION 17 - SEVERABILITY
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 19 - ENTIRE AGREEMENT
SECTION 20 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute arising out of these Terms and/or your use of the Services resides in the courts located in Houston, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SECTION 22 - CONTACT INFORMATION
Mona Loves Gustav, Inc.
17638 Cleeves Drive
Richmond, TX 77407
SECTION 23 - EFFECTIVE DATE
These terms are effective June 01, 2022