Gallerima OÜ Conditions of Sale & Terms of Use

GALLERIMA OÜ CONDITIONS OF SALE

These Conditions of Sale (“Conditions”) describe the relationship between
Gallerima OÜ (“Gallerima OÜ” or “we” or “our” or “us”) and the buyers,
prospective buyers, bidders, sellers and prospective sellers that use the
Gallerima OÜ website, products, and services (collectively, the “Services”).
By using the Services to buy, bid on, inquire about, list, market, offer for sale,
or sell any property, you (“you” or “your”) agree to be bound by these
Conditions.

1. BASIC CONDITIONS

The Services include an online marketplace and tools to buy, bid on, inquire
about, list, market, offer for sale, and sell artwork and other property. All
property is offered for sale and sold directly from the seller to the buyer, and
we are not a party to any sale, except as stated in section 6 below. We may
facilitate communication or payment between buyers, prospective buyers,
bidders, and sellers in connection with some property. However, we are not
the agent of any buyer, prospective buyer, or bidder for any purpose, and we
are not the agent of any seller for any purpose. If you are using the Services
on behalf of a company, organization or other legal entity, you represent and
warrant that you are authorized to bind that entity to these Conditions, in
which case the terms “you” and “your” in these Conditions will refer to that
entity. In these Conditions, “on the Services” means on the Gallerima OÜ
website and/or (as applicable) on any Gallerima OÜ application that you may
use. By using the Services in any manner, you also accept our Terms of
Use which governs your access to and use of the Services and our Privacy
Policy, which describes our practices for the collection and use of your
information.

2. ADDITIONAL PROPERTY TERMS

Sellers that use the Services are separate businesses from Gallerima OÜ and
may have their own additional terms and conditions that apply to the property
they offer for sale. Such terms and conditions may be posted in such
property's listing on the Services or otherwise made available on the Services
in connection with such property, and you are responsible for reviewing all
relevant information available on the Services before buying or bidding on
any property. If these Conditions conflict with any seller's terms and
conditions posted on the Services, the Gallerima OÜ applicable terms and

conditions will apply to the extent of the conflict. However, in no event will
any seller's terms and conditions constitute any representation, warranty, or
assumption of liability of any kind by us.

3. INQUIRIES

The Services may include features that enable you to contact us or the seller
regarding property listed on the Services (“Inquiry”). We and the seller will
have no obligation to accept or respond to any Inquiry and no liability for any
delay or failure to do so.

4. ONLINE PURCHASES

You may be able to place orders to purchase some property on the Services
using the online purchase feature (“Online Purchase”). Where available, the
Online Purchase feature will be indicated on the Services with a “Purchase”
or "Buy Now" button. Online Purchase orders are binding on the buyer.
When you place an order using the Online Purchase feature, you are required
to complete the transaction subject to these Conditions. For some property,
the Online Purchase feature may be available in addition to competitive
auction bidding, in which case the Online Purchase feature will be available
until the current bid for such property meets or exceeds the starting bid, or, if
such property has a Reserve (see section 8 below), until the current bid for
such property meets or exceeds the Reserve. If such property is ordered using
the Online Purchase feature, it will be withdrawn from the auction pending
completion of the Online Purchase sale.

5. CONSIGN/SELL

If you are interested in consigning your property, the Services may include
features that provide you with the opportunity to connect with potential
sellers who may allow you to consign your property with them. We and/or
any potential seller will have no obligation to accept or respond to any such
request for an offer of consignment and will have no liability for any delay or
failure to do so. Any information provided by us or any potential seller are
general guidelines only and may not be relied on by you. For further
information, please visit us at Consignments.

6. GALLERIMA OÜ SALES

On rare occasions, Gallerima OÜ itself may sell property through the
Services. If we are the seller of an item, we will expressly identify Gallerima
OÜ as the seller on the Services and when performing a transaction with the
buyer, and with respect to that item, we will be considered the seller under
these Conditions. In all other cases, whether an auction, Online Purchase or
otherwise, we are not the seller and will have none of the seller’s obligations
or liability, whether under these Conditions or otherwise.

7. WITHDRAWAL

We and the seller each reserve the right to withdraw any property from the
Services at any time, and will have no liability whatsoever for any such
withdrawal. With respect to property available for bidding or listed with the
Online Purchase feature, this withdrawal right applies before, during and after
any auction or Online Purchase sale.

8. AUCTION SALES

Bidder Registration and Requirements. In order to bid, you will need
to create an Gallerima OÜ account and register as a bidder, providing any
required contact and payment information, and completing any required
forms. We may require you to provide documentation of your identity, bank
or other financial references, and other qualifying information in order to bid
at any time. We may also require that you deposit a portion of any bid that
you place, in which case, if you are not the winning bidder, your deposit will
be refunded to you, and if you are the winning bidder, your deposit may be
used to offset the appropriate portion of the purchase price. In any case, we
may refuse registration or bidding access to any bidder at any time at our sole
discretion, including, without limitation, if we believe such action is
necessary to comply with the law or to maintain the integrity or reputation of
the Services. You represent and warrant that all information you provide is
true and accurate, and that you will not permit any other person or entity to
bid using your Gallerima OÜ account or login credentials.
Automatic Bidding. Our online bidding system is an automatic bidding
system. When you place a bid on the Services, you enter the maximum
amount that you are willing to pay for the item (your “Maximum Bid”). The

amount you enter can be the next minimum bid indicated on the Services or
any greater amount. When you enter your Maximum Bid, the system will
automatically place a bid for you at the amount of the next minimum bid,
according to our automatic bidding increments. As the auction continues,
the system will continue to bid automatically for you by increments, up to
your Maximum Bid, only as much as necessary to maintain your position as
the highest bidder. We may modify, add or remove bidding increments at our
sole discretion at any time before, during or after any auction.
Bidder’s Responsibility. Each bidder that places a bid is required to
complete the transaction if they place the winning bid (or their bid is
otherwise accepted), as a bid is a legally binding commitment to purchase the
item if you are the winning bidder. When you place a bid on any item, you
are accepting personal liability for the purchase price, any applicable taxes,
any and all shipping and packing costs, and all other applicable charges. You
also represent and warrant that any bids placed by you or on your behalf are
not the result of any collusive or other anti-competitive agreement and are
otherwise consistent with federal and state antitrust law.
Our Discretion. We reserve the right, at our absolute discretion, to: (i)
reject or revoke your registration or permission to bid at any time before,
during or after any auction; (ii) reject, revoke or refuse to accept any bid at
any time before, during or after any auction (even bids that have been
previously confirmed, whether on the Services, by email, text message or
otherwise); (iii) determine bidding increments and otherwise advance bidding
on the Services at any time in any manner we may decide; and (iv) restart or
continue bidding during or after any auction conducted on the Services.
All Bids are Final. Please note that all bids are final once submitted and
may not be cancelled or modified by you, except with our express written
consent under circumstances that we consider appropriate at our sole
discretion. Potential examples include if a bidder accidentally enters the
wrong bid amount on the Services (e.g. $10,000 instead of $1,000), if there is
a material change to an item’s listing on the Services after a bid is placed, or
if an item is withdrawn from an auction. You must contact us immediately
after placing the bid at issue in order to request to cancel or modify any bid
placed in error.

Reserves. Some items in an auction may be offered for sale subject to a
reserve price (“Reserve”), as indicated on the Services, which is the
confidential minimum price below which the item will not be sold. An item’s
Reserve will not exceed its low pre-sale estimate, if applicable. When you bid
on an item with a Reserve, if your Maximum Bid meets or exceeds the
Reserve, the system will automatically increase your bid to meet the Reserve,
according to our automatic bidding increments. We may implement the
Reserve for any item by opening bidding on behalf of the seller, and may
continue to bid on behalf of the seller up to the amount of the Reserve, by
placing consecutive or successive bids or bids in response to other bidders.
Buyer’s Premium. Some items in an auction may be offered for sale
subject to a buyer’s premium, as indicated on the Services, which is an
additional charge the buyer is required to pay, calculated as a percentage of
the item’s final hammer price. If an item is subject to a buyer’s premium, this
will be indicated on the Services, along with the rate of the buyer's premium,
and the winning bidder will be required to pay the buyer’s premium, plus any
applicable taxes, in addition to the final hammer price.
Artist Resale Royalty. Some items in an auction may be offered for sale
which shall include an artist resale royalty, as indicated on the Services,
which is an additional charge the buyer may be required to pay, calculated as
a percentage of the item’s final hammer price. If an item is subject to an artist
resale royalty, this will be indicated on the Services, and the winning bidder
will be required to pay the artist resale royalty in addition to the final hammer
price.
Countdown Clock and Closing. We may display a countdown clock on
the Services in connection with some auctions. This is provided for general
informational use only and does not constitute any warranty as to the closing
time of any item. If you are interested in an item, you should refer to its
individual listing on the Services to see if bidding has closed and should not
rely on the countdown clock. If a bid is placed on an item during the last five
minutes before its original closing time, we will have the right at our sole
discretion, but no obligation, to extend bidding for such item for an additional
five minutes after the original closing time, and may continue to extend
bidding for such item until five minutes pass without any bids being placed.
The extension of one item’s closing time will not affect the closing time of any other item.

You may need to refresh or reload the bidding page on the
Services to see if bidding for an item has closed.
Offline Auctions. Some property available for bidding on the Services may
be offered for sale in an auction conducted offline (“Offline Auction”) by a
party other than us ("Offline Auctioneer"). In such cases, we may collect bids
on such property through the Services before the Offline Auction, and may
transfer those bids to the Offline Auctioneer to execute against other bidders
in the Offline Auction. Bidding for such property on the Services will close
the day before the Offline Auction or at such other time as indicated on the
Services. The Offline Auctioneer may have different bidding increments than
us, and you agree that (as applicable) your Maximum Bid may be executed in
the Offline Auction according to the Offline Auctioneer’s bidding increments
without further notice to you, up to the amount of your Maximum Bid. In any
case, the Offline Auctioneer reserves the right to reject any bid at any time at
its absolute discretion, and we and the Offline Auctioneer will have no
liability whatsoever for any such rejection. After the Offline Auction, the
Offline Auctioneer will contact winning bidders directly to collect payment,
arrange for delivery or pickup of purchased property, and conduct any other
applicable post-sale activities, and we will have no responsibility to such
bidders in these regards unless we expressly indicate otherwise. For example,
we may sometimes accept payment from winning bidders on behalf of the
Offline Auctioneer, in which case we will notify such bidders directly that we
are doing so.
Absentee Bidding. We may offer absentee bidding Services in connection
with some auctions, whereby we may collect bids via telephone, email and/or
written forms (“Absentee Bidding Services”). All bids placed via Absentee
Bidding Services are subject to our discretion and (with respect to Offline
Auctions) the discretion of the Offline Auctioneer, as stated above in these
Conditions. We offer Absentee Bidding Services for convenience only and do
not guarantee or represent that they will be available at any time. We may
refuse Absentee Bidding Services to any person at any time (even during an
auction) at our sole discretion, and we will have no liability for any failure or
refusal to provide Absentee Bidding Services under any circumstances.
Bidders are responsible for their own expenses in connection with Absentee
Bidding Services, including but not limited to any computer and telephone
equipment and network provider costs, as applicable.

Live Auction Integration (“LAI”). As part of the Services, and with
respect to certain auctions, we may provide users of the Services the ability to
access and bid online in a live auction undertaken by a third-party. All bids
placed through the Services are subject to these Conditions, wherever the
Services are accessed. Furthermore, any bids made in any applicable auctions
with LAI functionality placed through LAI are subject to this section and any
applicable conditions of sale identified by the live auction third-party;
regarding the placing of bids using LAI, if there is any inconsistency between
the terms in this section and other section of the Conditions, this section shall
prevail.
LAI bidding activity may be recorded. We may provide a deadline for you to
register for LAI prior to an applicable auction, and your registration may be
subject to the review, vetting and approval of us or the live auction third-
party. You acknowledge that your registration for the applicable auction is
not guaranteed, and you may not be permitted to participate in the auction in
the sole and absolute discretion of us or the live auction third-party.
LAI is provided as an alternative bidding service and should not be
considered a replacement for bidding in the live auction room. You are
responsible for making yourself aware of all sale room notices and
announcements for such live auction, and are advised to examine any lot in
which you are interested, whether in person or by requesting information (if
available) through the individual lot listing pages on the Services. If you click
on the “Bid” button and your bid is successfully sent, your bid will be
reviewed and, if accepted by us, will be submitted on your behalf to the
auctioneer (the “Auctioneer”); provided, however, that the acceptance of any
and all such bids are subject to the discretion of the Auctioneer. Once
accepted by the Auctioneer, your bid will be valid and binding until the sale
of the lot closes. You may enter a Maximum Bid, and the system will bid
automatically by increments up to your Maximum Bid, only as much as
necessary to maintain your position as highest bidder. Bidding increments,
including any possible Maximum Bid, will match the increments set by the
live auction third-party.
During a live auction with LAI, bids other than internet bids will be displayed
on your computer screen as "floor" bids. "Floor" bids include, without
limitation, those bids taken from the live auction room, telephones, bids from
other online platforms, or bids made by the Auctioneer to protect the Reserve.
In the event of a tie between an online bid and a "floor" bid, the "floor" bid

generally will take precedence, subject to the Auctioneer’s sole and absolute
discretion, provided, however, that the LAI clerk reserves the right to make
amendments to correct any “floor” bids that are mistakenly represented on
your computer screen, and in such cases, your bid, once accepted by the
Auctioneer, may become the highest bidder and winning bid. LAI bids
submitted and accepted are final and, under no circumstances, will you be
permitted to amend or retract your bid, and if you are the highest bidder for
the lot, you accept liability to pay the Total Purchase Price. Once you have
bid, the next available bidding increment will be shown for your convenience
on your computer screen. The available bidding increment may not reflect the
bid that is subsequently taken off the floor, as the Auctioneer may deviate
from the automatic bidding increments at any time, at their discretion. While
the Auctioneer may vary increments at their discretion, you will not be able to
place a bid in an amount other than a whole bidding increment.
The record of sale kept by the Auctioneer will be taken as absolute and final
in all disputes. In the event of a discrepancy between any online records or
messages provided to you and the record of sale kept by the Auctioneer, the
record of sale will govern. After the auction, the live auction third-party will
contact winning bidders directly to collect payment, arrange for delivery or
pickup of purchased property, and conduct any other applicable post-sale
activities, and we will have no responsibility to you in these regards unless
we expressly indicate otherwise.
We do not warrant that the Services, including LAI, will be uninterrupted or
error free, or that bids will be received by the auctioneer or information
regarding current price will be transmitted in a timely fashion. We will not be
responsible for any delay or failure of any third party to access the services or
bid in the auction using LAI. We also do not guarantee the performance of
any third party’s obligations in connection with such auction.
Bidding at Live Events. We may make the Services (including Absentee
Bidding Services) available at events affiliated with other organizations. All
bids placed through the Services are subject to these Conditions, whether the
Services are accessed at a live event or any other location.
Bidding Information and Seller Communications. If you use the
Services to bid in any auction, you agree that we may provide the seller with
your name, email address and other contact information, and bidding

information, and the seller may contact you about your participation in that
auction and (if the seller is an organization) otherwise regarding their
organization.
Bidding Record. Our own internal records related to bidding through the
Services will be final and binding in all disputes. In the event of any
inconsistency between our own internal records and any information provided
to any bidder (whether on the Services, by email, text message, orally or
otherwise), our own internal records will control.

9. BUY NOW AND MAKE OFFER

Features. You may be able to place orders to purchase some property on the
Services using the online purchase feature (“Buy Now”) or make an offer
feature (“Make Offer”). Where available, the Buy Now feature will be
indicated on the Services with a "Buy Now" button. Buy Now orders are
binding on the buyer. When you place an order using the Buy Now feature,
you are required to complete the transaction subject to these Conditions. If
such an item is ordered using the Buy Now feature, it will be withdrawn from
the available inventory the seller has pending completion of the Buy Now
sale. For some items, the Make Offer feature may also be available, indicated
on the Services with a “Make Offer” button. In these cases, you may be able
to place an offer for such items using the feature, and the seller may choose to
accept your offer or respond with a counter-offer. The property will not be
removed from a seller’s inventory until such time as a seller accepts either
Buy Now or Make Offer.
Registration and Requirements. In order to participate in Buy
Now/Make Offer, you will need to create an Gallerima OÜ account and
register, provide any required contact and payment information, and complete
any required forms. We may require you to provide documentation of your
identity, bank or other financial references, and other qualifying information.
We may also require that you deposit a portion of any purchase price or offer
that you place, in which case, if the sale is not finalized, your deposit will be
refunded to you. In any case, we may refuse registration or access to any
person at any time at our sole discretion, including, without limitation, if we
believe such action is necessary to comply with the law or to maintain the
integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any
other person or entity to use your Gallerima OÜ account or login credentials.
Buyer’s Responsibility. Each buyer that places an order using “Buy
Now” or makes an offer using “Make Offer” is required to complete the
transaction if they hit the “Buy Now” button, or if their offer which they
made using the “Make Offer” function is accepted. When you purchase
property or make an offer on any item, you are accepting personal liability for
the Total Purchase Price (defined below). You also represent and warrant that
any purchases made or offers placed by you or on your behalf are not the
result of any collusive or other anti-competitive agreement and are otherwise
consistent with federal and state antitrust law.
Our Discretion. We reserve the right, at our absolute discretion, to: (i)
reject or revoke your registration or permission to “Buy Now” or “Make
Offer” at any time; and, (ii) reject, revoke or refuse to accept any such order
or offer at any time (even orders or offers that may have been previously
confirmed, whether on the Services, by email, text message or otherwise).
Inquiries. The seller will have no obligation to accept any Make Offer, and
we and the seller will have no liability for any delay or failure to do so.
All Offers and Sales are Final. Please note that all offers and sales are
final once submitted and may not be cancelled or modified by you.
Total Purchase Price and Payment Deadline. Subject to these
Conditions, upon the confirmation of any Online Purchase (whether through
“Buy Now” or “Make Offer”) the sale contract between the buyer and the
seller is concluded. The “Total Purchase Price” includes: (i) the purchase
price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies
that the seller or we are required to collect from the buyer under applicable
law; (iii) any and all shipping and packing costs; and (iv) any and all other
applicable charges.
Payment Processing. We accept payment from the buyer on behalf of the
seller in connection with sales made using the “Buy Now” and “Make Offer”
functions. We use a third-party payment processor, Stripe, that accepts
American Express, Visa, MasterCard, Discover, and Diners Club. We may place limits on any credit card purchase to process any transaction at our sole
discretion. You authorize us to send instructions to the financial institution
that issued your credit card to take payments from your credit card account in
accordance with the terms of our agreement with you. If any credit card
payment is not approved, the buyer will remain personally liable for all
amounts otherwise due. The buyer agrees to notify us directly in writing of
any claims or issues regarding any payment made for these sales. Currently,
all payments in connection with these sales must be made in the currency
specified by us unless we expressly agree otherwise in writing. The buyer is
responsible for any foreign exchange costs incurred to make all payments to
us in U.S. dollars regardless of the buyer’s home currency, should such
foreign exchange be necessary. The buyer consents to us retaining
commissions out of amounts received from the buyer to the seller for these
sales.
Taxes. The buyer is required to pay any and all sales taxes, VAT, export
and/or import taxes and duties, and any other transactional taxes or levies
related to the purchase of property by the buyer. The buyer is required to pay
any taxes the seller is, or we are, as applicable, required to collect, but the
failure of the seller or us, as applicable, to collect any taxes from the buyer
will not relieve the buyer’s obligation to pay them. Unless expressly
otherwise indicated, all prices listed on the Services are exclusive of taxes,
and applicable taxes will be collected from the buyer in addition to the listed
price.

10. AFTER SALE

Total Purchase Price and Payment Deadline. Subject to these
Conditions, upon the confirmation of any Online Purchase, and upon the
conclusion of any auction sale, the sale contract between the buyer and the
seller is concluded, and the buyer must pay the Total Purchase Price no later
than 5:00 PM ET on the seventh (7th) day after the sale (“Payment
Deadline”). The “Total Purchase Price” includes: (i) the purchase price of the
item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that the
seller or we are required to collect from the buyer under applicable law; and
(iii) (for items sold in an auction) any applicable buyer’s premium.
Passage of Title and Risk of Loss. We do not transfer and are not
responsible for transferring legal ownership of property from the seller to the
buyer. The EU-law will apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. The seller
represents that: (i) the seller is the sole owner of each item the seller offers for
sale through the Services, or else the seller is duly authorized by the owner of
such item to sell it; and (ii) subject to these Conditions, the seller is able to
transfer good and marketable title to such item to the buyer free from any
claims of third parties. Risk of loss to each item will pass to the buyer when
legal title to such item passes to the buyer.
Payment Processing. We may accept payment from the buyer on behalf
of the seller in connection with some sales, in which case we will notify the
buyer that we are doing so by email and/or by providing the buyer with an
option to check out on the Services. In all other cases, the buyer will pay the
seller directly. Different sellers may accept different payment methods and/or
have additional terms and conditions that apply to payments made to them,
and the buyer will be subject to those terms and conditions as applicable. We
may accept payments from buyers by credit card, check or wire transfer at our
sole discretion, and have no obligation to accept payment by other means. We
accept American Express, Visa, MasterCard or Discover only. We may place
limits on any credit card purchase and/or use third-party payment processors
to process any transaction at our sole discretion. If any credit card payment is
not approved, the buyer will remain personally liable for all amounts
otherwise due. The buyer agrees to notify us directly in writing of any claims
or issues regarding any payment made to us by credit card or any other
means. All payments to us must be made in U.S. dollars unless we expressly
agree otherwise in writing. The buyer is responsible for any currency costs
incurred to make all payments to us in U.S. dollars regardless of the buyer’s
home currency or payment method. If we or the seller incur any bank fees
receiving any payment from the buyer by wire transfer, the buyer will be
responsible for those costs and agrees that (as applicable) we or the seller
may charge those costs to the buyer. The buyer consents to us paying
commissions out of amounts received from the buyer to third parties referring
us clients or otherwise assisting us in connection with the sale of property.
Taxes. Unless exempt by law, the buyer is required to pay all sales and use
taxes (including VAT), export and/or import taxes and duties, and any other
transactional taxes or levies (“Transactional Fees”) related to the purchase of
property by the buyer. The buyer is required to pay the seller any taxes as the
seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers
claiming exemption from any tax are responsible for providing proper
documentation. Any delay in obtaining or failure to obtain any relevant
documentation or a refund of any tax will not justify the cancellation of any
sale or any delay in paying the Total Purchase Price by the Payment
Deadline. Unless expressly otherwise indicated, all prices listed on the
Services are exclusive of Transactional Fees and any other fees not defined in
this Agreement may be collected from the buyer in addition to any listed
price.
Shipping and Handling. The buyer is required to pay all shipping,
packing, and transit insurance fees and costs for purchased property. We may,
but are not obligated to, provide support in the shipping process, such as
facilitating communication or payment between buyers and shippers, or
recommending third-party service providers. However, any such support or
recommendations are for convenience only and do not constitute or imply any
representation, warranty, or assumption of liability of any kind by us. We are
not the agent of any buyer, seller or third party in connection with the
shipping, packing or handling of any property. We do not control and are not
liable or responsible for the acts, comissions or policies of the seller or any
third party in connection with the shipping, packing or handling of any
property, whether or not recommended by us. Unless we specifically agree
otherwise in writing with respect to certain property, we have no
responsibility for the delivery of any purchased property.
Resale. The buyer must not re-offer any purchased property for sale until the
buyer has paid for the property in full and has otherwise assumed legal
ownership and physical possession of the property subject to these
Conditions.

Remedies for Non-Payment

If the buyer for any reason cancels any
payment made by credit card or otherwise fails to pay the Total Purchase
Price with respect to any property by the Payment Deadline, the buyer will be
in default ("Buyer Default") and will be liable for payment of such Total
Purchase Price and any other applicable charges. In the event of Buyer
Default in connection with any property, without limiting any other rights or
remedies available to us or the seller (whether at law, in equity, or under these
Conditions), subject to the EU-law, the seller may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately
on terms the seller thinks fit, and the defaulting buyer will be liable for
payment of any deficiency between the resale price obtained by the seller and
the purchase price originally owed by the defaulting buyer. In any case, the
defaulting buyer will be liable to us and the seller for any and all costs,
expenses (including reasonable attorneys’ fees), and damages of whatever
kind incurred in connection with such Buyer Default, the collection of any
amounts due from the defaulting buyer, and/or (if applicable) the resale of the
property at issue. In addition, if the buyer for any reason fails to pay the Total
Purchase Price with respect to any property by the Payment Deadline, the
buyer irrevocably authorizes us, at our option, to charge the buyer for any
outstanding portion of such Total Purchase Price using any credit card
information the buyer has provided on the Services, whether or not the buyer
provided such credit card information in connection with the sale at issue.

11. EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS

Prospective buyers are advised that: (i) some countries may prohibit or
require a license or permit in order to export or import some property,
including but not limited to property containing material from endangered or
other protected plant or animal species; (ii) cross-border deliveries are subject
to opening and inspection by customs authorities; (iii) the laws of some
countries may prohibit the resale of some property once it is imported into
those countries; and (iv) some countries may reserve the right to purchase
some property exported from those countries (sometimes called a “right of
preemption”). None of Gallerima OÜ and our officers, owners, directors,
consultants, agents, and employees (collectively, the “Gallerima OÜ Parties”)
or the seller makes any representations or warranties as to whether any
property is or is not subject to any such laws or restrictions. It is solely the
buyer’s responsibility to determine and obtain at its own cost any necessary
export and/or import licenses and other required permits for purchased
property. Unless the buyer and the seller agree otherwise, a delay in obtaining
or failure to obtain any required license or permit will not justify the
cancellation of any sale or any delay in paying the Total Purchase Price with
respect to any property. None of the Gallerima OÜ Parties or the seller will
be liable for any damage or loss resulting directly or indirectly from any
confiscation of purchased property, transportation restriction, or other action
taken by any government or public authority.

12. STAFF PARTICIPATION

Gallerima OÜ staff may use the Services as bidders and/or buyers in their
personal capacity (i.e. not as our employees, agents or representatives) as
long as they do not have any confidential information about the item they are
bidding on and/or buying (for example, the Reserve of an item offered for
sale in an auction). Likewise, if the seller in an auction is an organization, its
staff may bid in that auction in their personal capacity, as long as they do not
have any confidential information about the item they are bidding on. In all
such cases, the staff member is personally subject to these Conditions like
any other bidder and/or buyer.

13. AVAILABILITY AND PRICING

We cannot guarantee that any property appearing on the Services will be
available to sell or listed with the correct price, including but not limited to
items listed with the Online Purchase feature. We reserve the right to cancel
any Online Purchase order at any time if we are notified by the seller or
otherwise determine at our sole discretion that the item ordered is not
available to sell for any reason or was listed with an incorrect price, even
after the buyer receives an order confirmation (whether on the Services, by
email or otherwise). If your Online Purchase order is cancelled under such
circumstances, we will notify you by email of such cancellation and you will
be refunded for any amounts that you have already paid for the applicable
item and its delivery to you (if any), and the Gallerima OÜ Parties and the
seller will otherwise have no liability whatsoever for any such cancellations
or listing errors. You acknowledge and agree that all property appearing on
the Services is subject to availability.

14. “AS IS”

Except for the authorship warranty provided by the seller in section 15 below,
all property sold in an auction or via online purchase is sold “as is” without
any express or implied warranties, and none of the Gallerima OÜ parties or
the seller makes any representations or warranties, or assumes any liability of
any kind, with regard to the merchantability, fitness for a particular purpose,
description, size, quality, condition, attribution, authenticity, rarity,
importance, medium, provenance, exhibition history, literature or historical
relevance of any such property, and no statement anywhere, whether oral or
written, whether made on the services, in a bill of sale, an advertisement, any other supplemental materials or elsewhere, will be deemed such a
representation, warranty, or assumption of liability. The Gallerima OÜ parties
and the seller make no representations or warranties as to whether the buyer
will acquire any reproduction rights or other intellectual property rights in
any property sold, or whether any artwork sold is subject to any artist’s moral
rights or residual rights. with respect to property available for bidding, any
estimate of the selling price is not to be relied on as a statement that this is the
price at which the item will sell or its value for any other purpose. The
Gallerima OÜ parties and, except as stated in section 15 below, the seller,
will not be responsible for any errors or omissions on the services or in any
supplemental materials. Except as stated in section 15 below, all property
sold in an auction or via online purchase is final sale and is not returnable.

15. AUTHORSHIP WARRANTY

Authorship Warranty. The seller warrants to the buyer for a period of five
(5) years from the sale date that if the property sold by the seller in an auction
or via Online Purchase is described as of the sale date in the property listing
on the Services in Bold or UPPER CASE type to be the work of a named
authorship without qualification, then the property is authentic and is not a
forgery (“Authorship Warranty”). This Authorship Warranty is subject to the
following terms and conditions: (i) it does not apply to property whose
description of authorship on the Services as of the sale date corresponded
with the generally accepted opinion of scholars or experts or indicated that
there was a conflict of opinions; (ii) it does not apply to property whose
authorship as described on the Services as of the sale date is proved
inaccurate by means of a scientific process not generally accepted for use
until after the sale date or a process which as of the sale date was
unreasonably expensive or impractical or likely to have caused damage to the
property; (iii) the benefits of the Authorship Warranty are not transferable
and apply only to the original buyer of record, and not to their successors or
assigns or any other party; and (iv) “authorship” means only the creator of the
property, or the period, culture, source or origin of the property, as the case
may be, as described in the property listing on the Services in Bold or UPPER
CASE type as of the sale date.
Cancellation and Refund. The seller agrees to cancel the sale and refund
the purchase price of the property to the buyer subject to the following terms
and conditions: (i) the buyer must notify the seller in writing within sixty (60) days after the buyer first receives any information leading to the belief that
the Authorship Warranty has been breached, in any case within five (5) years
after the original sale date, and must provide such information to the seller;
(ii) the buyer must have remained the owner of the property without
disposing of any interest in it to any third party; and (iii) the buyer must
return the property to the seller in the same condition it was in as of the
original sale date. The seller reserves the right, as a condition to cancelling
any sale under the Authorship Warranty, to require that the buyer obtain, at
the buyer’s expense, the written opinions of two (2) independent and
recognized experts in the field mutually acceptable to the buyer and the seller.
The seller will not be bound by any expert opinions produced by the buyer
and reserves the right to obtain additional expert opinions at the seller’s own
expense. The activities described in this paragraph will be conducted solely
by the buyer and the seller. We will have no responsibility to the buyer or the
seller in these regards.
Exclusive Remedy. The buyer acknowledges and agrees that cancellation
of the sale and refund of the purchase price subject to the above terms and
conditions will be the buyer’s sole and exclusive remedy for any breach of
the Authorship Warranty, in place of any other remedy or recourse that might
otherwise be available at law or in equity. None of the Gallerima OÜ Parties
or the seller will be liable to the buyer for any special, incidental or
consequential damages arising out of or in connection with any breach of the
Authorship Warranty, including, without limitation, loss of profits or interest.
No Warranty by Gallerima OÜ. Except with respect to property sold by
Gallerima OÜ itself, we make no representations or warranties of any kind
(express or implied) with regard to any property and will not be responsible
for the Authorship Warranty provided by the seller.

16. DISPUTE RESOLUTION

As we are not the agent of any buyer, prospective buyer, bidder or seller for
any purpose, the Gallerima OÜ Parties have no duty to resolve, and will not
act as the agent of any buyer, prospective buyer, bidder or seller in
connection with resolving any disputes. However, we reserve the right, but
are not obligated, to investigate complaints or claims of buyers, prospective
buyers, bidders or sellers, and you agree to cooperate with us in any such
investigations that we may choose to conduct, as permitted by applicable law.

17. GENERAL RELEASE

The Gallerima OÜ parties do not endorse or control and are not responsible
for the conduct, performance or non-performance (whether online or offline)
of any buyers, prospective buyers, bidders or sellers in any way connected
with the services or any property listed, marketed, offered or sold through the
services. If you have a dispute with one or more buyers, prospective buyers,
bidders or sellers in any way connected with the services or any property
listed, marketed, offered or sold through the services, to the fullest extent
permitted by applicable law, you release the Gallerima OÜ parties from 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 such disputes. You
expressly waive any benefits or protections, whether statutory or otherwise,
that would otherwise limit the coverage of this release to include only those
claims which you may know or suspect to exist in your favor at the time of
entering into this release.

18. DISCLAIMER OF WARRANTIES

Your use of the services is at your own risk. We provide the services “as is”
and “as available” without any warranties of any kind, express or implied,
including but not limited to the implied warranties of merchantability, non-
infringement, and fitness for a particular purpose, any warranties arising out
of course of dealing or usage of trade, any warranties that the services will
meet your requirements or be available, accessible, uninterrupted, timely,
secure, or free of errors, and any warranties that any buyers, prospective
buyers, bidders or sellers will complete any transactions or otherwise perform
as promised, all of which the Gallerima OÜ parties expressly disclaim to the
fullest extent permitted by applicable law. In no event will any of the
Gallerima OÜ parties be liable or responsible for any errors or omissions in
connection with the execution of any bids (whether online, offline, on the
services, in an email, or otherwise), or for any inability or failure to access the
services, including but not limited to any failures resulting directly or
indirectly from any loss of internet or telephone connection or from any
breakdowns or malfunctions of the services or any computer, device or
system directly or indirectly affecting the availability or operation of the
services.

19. LIMITATION OF LIABILITY

In no event will any of the Gallerima OÜ parties be liable to you or any third
party for any loss of profits, revenue, anticipated savings, business, goodwill
or other intangible losses, or any indirect, incidental, exemplary, punitive,
special or consequential damages, arising out of or in connection with: (i)
these conditions; (ii) the services; (iii) the use of or inability to use the
services; or (iv) any transactions entered into through the services.
In no event will any of the Gallerima OÜ Parties have any liability
whatsoever with respect to the listing, marketing, offer or sale of any property
through the Services, except that our liability to the seller may vary as
otherwise stated in a separate written agreement between us and the seller,
and with respect to property sold by Gallerima OÜ itself, our liability to the
buyer will be limited to the remedy expressly provided in section 15 of these
Conditions under the Authorship Warranty. The exclusions and limitations of
liability provided in this section apply to all claims, whether based on
warranty, contract, statute, tort (including negligence), strict liability, or any
other legal theory, whether or not any of the Gallerima OÜ Parties have been
advised of or should have known of the possibility of such damage or loss,
and even if a remedy set forth in these Conditions is found to have failed of
its essential purpose. Some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, so some of the
exclusions and limitations provided in this section may not apply to you, in
which case the liability of the Gallerima OÜ Parties will be limited to the
fullest extent permitted by applicable law.

20. EU CANCELLATION RIGHTS

Pursuant to the European Union (“EU”) Directive on Consumer Rights
(2011/83/EC), a buyer in the EU (an “EU Buyer”) who purchases a lot in a
timed/online-only auction or via Buy now or Make offer has a right to cancel
such sale contract within fourteen (14) days after they or a person they
authorize (other than the carrier) take physical possession of such lot, for any
reason and without incurring liability for doing so. An EU Buyer that
exercises this cancellation right must return the lot, and the seller will refund
the EU Buyer for payments already made for the purchase and applicable
shipping of the lot. To exercise this cancellation right, the EU Buyer must
inform the seller through a clear statement (i.e., a letter sent by post or e-mail)
or may use this model cancellation form. This cancellation right is not applicable to EU Buyers who participate in live/public auctions using the
Services.

21. CHOICE OF LAW AND VENUE

These Conditions, and the rights and obligations of the parties under these
Conditions, will be governed by and construed in accordance with the laws of
the EU (European Union) and, to the extent applicable, the laws of the EU
(European Union) excluding any conflict of laws principles. You agree that
any claims or disputes arising out of or related to these Conditions, the
Services, or the listing, marketing, offer or sale of property through the
Services, must be resolved exclusively by a state or federal court located in
EU (European Union). You and we each agree to submit to the personal
jurisdiction of, and agree that venue is proper in, the courts located in EU
(European Union), for the purpose of resolving all such claims or disputes,
and you waive any objection as to inconvenient forum. The United Nations
Convention on Contracts for the International Sale of Goods will not in any
way apply to these Conditions, the Services, or the listing, marketing, offer or
sale of property through the Services.

22. CHANGES TO THESE CONDITIONS

We reserve the right to change, modify, add or remove any part of these
Conditions at any time at our sole discretion. All changes to these Conditions
will be effective immediately when posted on the Services, and you agree to
review these Conditions carefully and inform yourself of all applicable
changes before buying or bidding on any property. Changes to these
Conditions will not apply to any transaction, claim or dispute that arose
before the changes became effective, all of which will remain subject to the
version of these Conditions in effect at the time that such transaction, claim or
dispute arose. Please save and/or print a copy of these Conditions for your
records.

23. MISCELLANEOUS

These Conditions, together with any other applicable terms and conditions
made available on the Services, and (as applicable) any written terms and
conditions made available by us or the seller at a live event where the
Services are used for bidding, constitutes all of the terms and conditions on
which you may purchase, bid on, or inquire about property through the
Services. If any provision of these Conditions is found by a court of

competent jurisdiction to be invalid or unenforceable for any reason, that
provision will be enforced to the maximum extent permissible, and these
Conditions will otherwise remain in full force and effect. No delay or failure
by us to exercise or enforce any right or provision of these Conditions will be
deemed a waiver of that or any other right or provision. We will not be
deemed to have waived any right or remedy under these Conditions unless the
waiver is in writing and signed by an Gallerima OÜ representative who
intends and is duly authorized to agree to such waiver on our behalf. No
single or partial exercise by us of any right or remedy under these Conditions
will prevent any further exercise by us of any other right or remedy. These
Conditions will inure to the benefit of, and are intended to be enforceable by,
the parties and their respective successors and assigns, but you may not
assign these Conditions or any right or obligation under these Conditions
without our prior written consent. There are no third-party beneficiaries to
these Conditions except as expressly stated in these Conditions. You and we
are independent contractors under these Conditions. Nothing stated in or
implied from these Conditions will create any agency, partnership, joint
venture, employment, sales representative, or franchise relationship between
you and us. These Conditions were written in English (U.S.). To the extent
any translated version of these Conditions conflicts with the English version,
the English version controls. The paragraph and section titles in these
Conditions are for convenience only and have no legal or contractual effect.

24. CONTACTING GALLERIMA OÜ

If you have any questions about these Conditions, please email us
at: support@gallerima.com. Gallerima OÜ is located at: Harju maakond,
Tallinn, Kristiine linnaosa, Keemia tn 4, 10616

 

Gallerima OÜ Terms of Use

Welcome to Gallerima OÜ. These Terms of Use (“Terms”) are an agreement between you
(“you” or “your”) and Gallerima OÜ (“Gallerima OÜ” or “we” or “our” or “us”) that governs
your access to and use of our website, products, and services (collectively, “Services”). By
accessing or using our Services in any way, you agree to these Terms. If you do not agree to
these Terms, you are not permitted to access or use our Services.

1. BASIC TERMS

1.1 You may use our Services only if you can form a binding contract with us, and only as
permitted by law. You are not allowed to use our Services if you are a person under the age of
thirteen (13). Additional eligibility requirements may apply to some Services, and we will
notify you of those requirements in these Terms or otherwise in connection with those
Services.
1.2 If you are using our Services on behalf of a company or other entity, you represent and
warrant that you are at least eighteen (18) years old, and that you are authorized to bind that
company or other entity to these Terms, in which case the terms “you” and “your” in these
Terms will refer to that entity.
1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply
to some Services (“Service Terms”). By using those Services, you agree to their Service
Terms. If any of our Services have Service Terms that conflict with these Terms, those
Service Terms will control to the extent of the conflict as relates to those Services.
1.4 For information about our privacy practices, please see our Privacy Policy. Our Privacy
Policy is incorporated into and considered part of these Terms. By accessing or using our
Services in any way, you agree that your information may be collected, stored, shared,
processed, and used in accordance with our Privacy Policy and these Terms.
1.5 You will need to register for an Gallerima OÜ account in order to use some of our
Services. You agree to provide only true and accurate information in connection with your
account, and to update all such information as necessary to keep it accurate and current.
1.6 You are responsible for maintaining the confidentiality of your account password, and for
all activities that occur under or through your account or password. You agree to notify us
immediately if you suspect or become aware of any unauthorized access to or use of your
account or password or other breach of security on our Services.

1.7 The permission we give you to register for an Gallerima OÜ account and use our Services
under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell,
lease, sublicense or otherwise transfer your Gallerima OÜ account, or any access to or use of
our Services, to any third party.
1.8 We may reclaim or repurpose any username or URL on our Services, at any time at our
sole discretion, for any reason, including if we believe it is necessary to comply with the
rights of a third party.
1.9 Some of our Services may be accessible on mobile devices. You agree not to use those
Services in a way that distracts you and prevents you from complying with any traffic or
safety laws.
1.10 You consent to receive communications from us electronically, and you agree that we
may communicate with you by posting notices on our Services and/or by email. You agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. You
agree that all notices we provide to you by email will be considered received by you on the
day that we send them. If you register for an Gallerima OÜ account or otherwise provide us
with an email address, you agree that we are not responsible for any automatic filtering that
you or your network provider may apply to any email that we send to the email address you
provided. If at any time you would like to withdraw your consent to receive emails, please use
the “unsubscribe” button on the email, or contact us at privacy@gallerima.com to do so,
however it is understood and agreed by you that if you withdraw consent, you may not be able
to participate in all Services offered.
1.11 You are responsible for providing any equipment (such as computers or mobile devices)
and network access necessary for you to use our Services or communicate with us at your
own cost.

2. DEFINITIONS

In these Terms:
 “User” means any person or entity that accesses or uses our Services in any way, whether
or not they register for an Gallerima OÜ account, including you.
 “Content” means any and all images, text, information, data, audio, video, graphics,
computer code, software, and other material provided on or through our Services,

including when we send you email. Content includes both Gallerima OÜ Content and
User Content.
 “Gallerima OÜ Content” means any and all Content that we provide on or through our
Services, including Content licensed from a third party, but excluding User Content.
 “User Content” means any and all Content that a User submits, posts, publishes or
otherwise provides on or through our Services.
 “Your User Content” means any and all User Content that you submit, post, publish or
otherwise provide on or through our Services.
 “on our Services” means on the Gallerima OÜ website and/or (as applicable) on any
Gallerima OÜ mobile application.
 “including” means “including but not limited to” unless we specifically indicate
otherwise.

3. OWNERSHIP

3.1 All Content is owned by Gallerima OÜ or by others who have licensed their Content to us,
and is protected by EU. and international copyright laws, trademark laws, and/or other
proprietary rights and laws. Our Services are also protected as a compilation and/or collective
work under EU. and international copyright laws.
3.2 The trademarks, service marks, logos, and product names displayed on or in connection
with our Services are the registered and unregistered trademarks and service marks of
Gallerima OÜ or third parties in the EU. and/or other countries.
3.3 As between you and Gallerima OÜ, Gallerima OÜ owns and retains, solely and
exclusively, all rights, title, and interest in and to our Services, the look and feel, design and
organization of our Services, all Gallerima OÜ Content, and the compilation of all Content on
our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent
rights, database rights, and other intellectual property and proprietary rights therein.
3.4 These Terms do not grant you any ownership over any Content, or any intellectual
property rights in any Content, although you remain the owner of any intellectual property
rights that you may have in Your User Content.
3.5 Neither these Terms nor your use of our Services grants you any license or permission
under any copyright, trademark, or other intellectual property of Gallerima OÜ or any third
party, whether by implication or otherwise.

3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos,
product names, domain names, or other distinctive brand features in any way.
3.7 We welcome feedback, comments and suggestions about our Services (“Feedback”).
However, you acknowledge and agree that we will have the right to use any and all Feedback
at our sole discretion, for any and all purposes, commercial or otherwise, without any
obligation of any kind to you. In any case, we will have no obligation to act on, use or
respond to any Feedback in any way.
3.8 We reserve all rights not expressly granted to you in these Terms.

4. GENERAL CONTENT TERMS

4.1 Please note that Content covers a wide range of art and subject matter, is generally
uncensored, and may include nudity or other visual or written material that some people may
consider offensive or inappropriate for children and minors. If you allow your child or anyone
else to use your computer or other device, it is solely your responsibility to prevent them from
accessing any Content that you think is or may be inappropriate for them.
4.2 Subject to these Terms, you may access and view Content within our Services for your
own personal, non-commercial use, in the context of your Gallerima OÜ User experience, in
accordance with the normal functionality and restrictions of our Services.
4.3 We value open source software, and some software used in our Services may be offered
under an open source license that we will make available to you. The open source license may
contain provisions that override some of these Terms as relates to the use of that software.
4.4 Some Services may enable you to post, embed or transmit some Content in a way that will
be accessible to others on our Services or in other locations online (such as other websites and
social media services). You may use such Services in accordance with their normal
functionality and restrictions, as permitted by any applicable Service Terms. However, the
availability of such Services does not imply or give you permission to reproduce, distribute or
otherwise use such Content in any other way, whether on our Services or in any other
location.
4.5 If you are a teacher, you may display Content on our Services to your students at a non-
commercial indoor lecture or seminar conducted by you, provided you do not reproduce or
distribute Content outside our Services in any way that is not specifically otherwise permitted
by these Terms. Also, if any of your students access or use our Services, these Terms will
apply to each of those students individually. However, please note that as per section 1.1, your
students are not allowed to use our Services if they are under the age of thirteen (13).

4.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt,
modify, translate, create derivative works from, publish or otherwise use any Content in any
way without express prior written permission from us or (as applicable) the appropriate third-
party rights holder.
4.7 Any commercial exploitation of any image or other Content without express prior written
permission from us or (as applicable) the appropriate third-party rights holder, including any
commercialized reproduction, distribution, publishing, or creation of derivative works, is
strictly prohibited.

5. USER CONTENT AND COMMUNICATIONS

5.1 Some Services may enable Users to submit, post, publish or otherwise provide User
Content. Each User is solely responsible for all User Content that they provide on or through
our Services.
5.2 We do not endorse or make any representations or warranties of any kind with respect to
any User Content and/or any statements, ideas, advice or opinions communicated on, through,
or in connection with our Services (whether online, offline, orally, in writing or otherwise) by
any User and/or third party, whether with respect to accuracy, completeness, truthfulness,
reliability or otherwise. You acknowledge that any use of or reliance on any User Content
and/or any such statements, ideas, advice or opinions is solely at your own risk.
5.3 You acknowledge that we have no obligation to review or screen any User Content, and
that by using our Services, you may be exposed to User Content that is inaccurate,
misleading, offensive or otherwise objectionable.
5.4 Some User Content may be marked as “featured” (or marked with other similar language)
when it is provided on or through our Services. Such markings are for general informational
use only and are not an endorsement, representation or warranty of any kind by us.
5.5 We reserve the right, but have no obligation, to monitor and/or review any and all User
Content and/or communications transmitted on or through our Services, to enforce or
investigate potential violations of these Terms or our other policies or agreements with Users,
to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise
administer, improve or operate our Services and/or customer support, without notice or
liability, at any time at our sole discretion. We also reserve the right to access, preserve and
disclose any information if we believe it is reasonably necessary to: (i) respond to claims
against us or comply with any law, regulation, legal process or governmental request; (ii)
enforce or administer these Terms or our other policies or agreements with Users; (iii)

conduct customer support, or detect, prevent or otherwise address fraud, security or technical
issues; or (iv) protect or enforce the rights, property or safety of Gallerima OÜ, you, or others.
5.6 We reserve the right to remove or refuse to display any User Content on our Services, in
whole or part, if we believe that such User Content may violate these Terms, the law or any
third-party rights, or for any other reason, without notice or liability, at any time at our sole
discretion.
5.7 You acknowledge that you are in the best position to know if Your User Content may be
used in connection with our Services. You are solely responsible for ensuring that Your User
Content does not violate any law or regulation, or any right or intellectual property of any
third party, including any copyright, moral right, trademark right, trade secret, patent right,
privacy right, publicity right, or contractual right.
5.8 By submitting, posting, publishing or otherwise providing any User Content on or through
our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce,
distribute, publish, adapt, modify, translate, create derivative works from, publicly perform,
and publicly display Your User Content, in any and all media now known or later developed,
for the purposes of operating, distributing, promoting, and improving our Services, and
developing new Services. You represent and warrant that: (i) you own or otherwise control all
of the rights to Your User Content; and (ii) the use of Your User Content does not violate
these Terms and will not violate any right of, or cause injury to, any person or entity.
5.9 Nothing in these Terms will restrict any other rights that we may have or later obtain with
respect to Your User Content, such as rights under applicable laws or other licenses.
5.10 We will not be liable or responsible for any User Content, or for any use of Your User
Content by us in accordance with these Terms.

6. OPEN ACCESS IMAGES

6.1 Certain images of artwork or other objects displayed on our Services may be available to
download and use independently outside our Services (“Open Access Images”). Open Access
Images are sourced from third parties (such as certain museums or other organizations) that
have made the images available for unrestricted use, or for use under certain conditions (such
as attribution requirements or additional licenses).
6.2 In order to notify you which images are Open Access Images, we will provide a button
marked “Download Image” (or an equivalently marked image downloading tool) with each
Open Access Image on our Services (“Image Downloading Tool”). Where available, the

Image Downloading Tool will be provided on the listing page for the artwork or other object
depicted in an Open Access Image. Please note that if we do not provide an Image
Downloading Tool with an image on our Services, that image is not considered an Open
Access Image under these Terms.
6.3 You may download Open Access Images from our Services using the Image Downloading
Tool that we provide, and you may use Open Access Images without restriction, subject to
any applicable laws, and any applicable third-party rights and conditions. However, please
note that this permission applies only to any rights that Gallerima OÜ itself may have with
respect to the use of Open Access Images.
6.4 We are not granting any permission or otherwise acting on behalf of any third party in
connection with any Open Access Images. We do not represent or warrant that the use of any
Open Access Images in any way will not violate the copyrights or other rights of third parties
(such as trademark rights, privacy rights or publicity rights).
6.5 When you download or use Open Access Images in any way, you are solely responsible
for determining and complying with any applicable third-party rights and conditions.
6.6 To help you determine what conditions may apply to the use of Open Access Images,
certain rights information, source-identifying information, and conditions may be posted on
our Services (for example, as part of the listing for the artwork or other object depicted in an
Open Access Image). However, you agree that we have no obligation to post any such
information or conditions on our Services, and that whether or not any such information or
conditions are posted on our Services, additional conditions not posted on our Services may
still apply, and you are responsible for determining and complying with them.
6.7 You acknowledge and agree that: (i) your use of Open Access Images is at your own risk;
and (ii) we will not be liable to you or any third party for any claims, demands, damages or
losses of any kind resulting directly or indirectly from your use of or inability to use any Open
Access Images in any way.

7. MARKETPLACE

7.1 Our Services include an online marketplace where Users may browse, buy, bid on, list,
market, offer for sale, and sell artwork and other property. Our Services also include features
that enable Users to contact and communicate with us or other Users about the property listed
on our Services or otherwise.
7.2 Minors are not allowed to use our Services as buyers, bidders or sellers. Any person that
uses our Services to buy, bid on, list, market, offer or sell property represents and warrants

that they are at least eighteen (18) years old and are otherwise able to enter into and form
binding contracts under applicable law.
7.3 Users must receive our express written permission and may be required (at our sole
discretion) to provide additional information and/or to meet additional eligibility requirements
before they are allowed to list, market, offer or sell property on or through our Services. For
example, sellers may need to complete an additional registration process. These Terms apply
to sellers, but these Terms alone do not give you permission to use our Services as a seller. As
an additional example, Users who may wish to bid and/or buy in auctions may also be
required to provide additional documentation (including, without limitation, financial
information) before being permitted to do so.
7.4 Our Conditions of Sale contain important information and additional terms and conditions
that apply to our marketplace. It is your responsibility to read them carefully before buying,
bidding on, inquiring about, listing, marketing, offering or selling any property on or through
our Services. Our Conditions of Sale are incorporated into and considered part of these
Terms.
7.5 As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title
to, have possession of, or sell the property listed, marketed, offered or sold on or in
connection with our Services (whether online or offline). We do not sell property on behalf of
the seller. All property is offered for sale and sold directly from the seller to the buyer, and we
are not a party to any sale. We do not transfer, and are not responsible for transferring, legal
ownership or physical possession of property from the seller to the buyer.
7.6 We may facilitate communication or payment between buyers, prospective buyers,
bidders, and sellers in connection with some property. However, such Services are offered for
convenience only. We have no agency authority and are not the agent of any buyer,
prospective buyer, bidder or seller for any purpose. Our involvement in any sale transaction is
limited to providing this marketplace, and, in some cases, accepting payment from the buyer
on behalf of the seller in connection with the sale of some property. We may, but are not
obligated to, provide intermediary services between buyers, prospective buyers, bidders, and
sellers in connection with customer service or dispute resolution matters. In the event we elect
in our sole discretion to provide intermediary services, we will attempt to help you resolve
disputes in good faith and based solely on our interpretation of our policies, in our sole
discretion; we will not make judgments regarding legal issues or claims. Our decision is final
and binding on all parties and cannot be appealed, challenged or reversed.
7.7 We do not endorse or control and are not responsible for the conduct (whether online or
offline) of any buyer, prospective buyer, bidder or seller. We make no representations or
warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective
buyer, bidder or seller will complete any transaction or otherwise perform as promised
(whether or not we collect or agree to collect payment from any buyer on behalf of any
seller).
7.8 We do not endorse or make any representations or warranties of any kind, express or
implied, with respect to: (i) Users’ listings on our Services or related User Content, whether as
to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed,
marketed, offered or sold (whether online or offline) by any User and/or third party, whether
as to quality, size, condition, description, provenance, attribution, authenticity, legality,
merchantability, fitness for a particular purpose, or otherwise.
7.9 No statement made by any seller about any property (whether orally, in writing, on our
Services or otherwise) will be considered a representation, warranty, or assumption of liability
of any kind by us.
7.10 We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay
or suspend listing of any property on our Services. We will not be liable to any User for doing
so.
7.11 We may receive a commission from some sellers on some sales, subject to separate
agreements between us and those sellers.

8. GENERAL RESTRICTIONS

8.1 You agree that you will not (and will not attempt to, or assist or encourage any other
person or entity to):
 submit, post, publish or otherwise provide any User Content on or through our Services,
or take any other action in connection with our Services (whether online or offline), that:
(i) infringes, misappropriates or violates the rights or intellectual property of any third
party, including any copyright, moral right, trademark right, trade secret, patent right,
privacy right, publicity right, or contractual right: (ii) violates (or encourages any
conduct that would violate) any applicable local, state, national, or international law or
regulation, including any tax law, consumer protection law, or law governing the export
or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent,
defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of
violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents
your relationship with any person or entity;

 create a false or misleading Gallerima OÜ account or User profile with inaccurate or
untrue information;
 use our Services to list, market, offer for sale, or sell goods or services without our
express prior written permission;
 use our Services or any Content in connection with posting or distributing spam or other
unauthorized or unsolicited advertising, promotional messages, or bulk electronic
communications;
 collect information about Users (including email addresses) or send marketing email or
other promotional communications to Users without their consent;
 access our Services by any means other than the interface and instructions that we
provide;
 access, tamper with, or use non-public areas of our Services, our computer systems, or
the technical delivery systems of our service providers;
 breach, disable or circumvent any security or authentication measures on or in
connection with our Services;
 interfere with the normal operation of our Services or the access of any User, including
transmitting any viruses or harmful code, flooding our Services with excessive requests
or traffic, or taking any other action that creates (in our sole estimation) an unreasonable
or disproportionately large load on our servers or systems;
 decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any
source code or underlying ideas or algorithms of, any of our Services;
 adapt, modify, create derivative works from, or redistribute any of our Services without
our express prior written permission;
 use any robot, scraper, spider, or other automatic or manual process to monitor or extract
data from our Services without our express prior written permission (we may also use
robot exclusion headers within our Services and you agree to comply with all such
headers);
 forge any TCP/IP packet header or any part of the header information in any email or
posting, or in any way use our Services or any Content to send altered, deceptive, or false
source-identifying information;

 mirror, frame or display any part of our Services on any other website or elsewhere
without our express prior written permission;
 use any meta-tags or other hidden text or metadata containing any Gallerima OÜ
trademark, service mark, product name, or URL without our express prior written
permission;
 use any Gallerima OÜ trademark, service mark, product name, logo or URL in any way
that incorrectly suggests our affiliation with or endorsement of any person, entity, event,
product or service;
 use any trademark, service mark, product name, logo, trade dress, or design that is in any
way confusingly similar to any Gallerima OÜ trademark, service mark, product name, or
logo, or to the look and feel of any of our Services; or
 remove, conceal, modify or tamper with any copyright, trademark, or other proprietary
marking or notice, or any digital watermark or other technical measure used to indicate
the source or ownership of any image or other Content.
8.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or
suspend any User’s account and/or access to or use of any or all of our Services, at any time at
our sole discretion, if we believe that such User is violating the rights of any third party, that
such User’s conduct may be exposing us or others to legal or financial liability, or that such
User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other
applicable agreements with us, and we will have no liability to such User for doing so. In any
case, we reserve the right to investigate and prosecute violations of these Terms to the fullest
extent permitted by applicable law.

9. MOBILE APPLICATIONS

9.1 As part of our Services, we may offer you the use of Gallerima OÜ mobile applications.
9.2 Your use of our mobile applications is subject to these Terms and any applicable Service
Terms that we may post on our Services or otherwise make available to you in connection
with our mobile applications.
9.3 We may update any of our mobile applications without notice, at any time at our sole
discretion, and these Terms will apply to any updated versions.
9.4 The following terms and conditions in this section apply to the App:
 You agree to use the App only on an product that you own or control.

 You acknowledge that these Terms are an agreement between you and us, and not with
App marketplace.

10. OTHER WEBSITES AND SERVICES

10.1 Our Services may include links and features that enable you to access other websites or
services, and other websites or services may include links to our Services.
10.2 Such links and features are for convenience only and do not constitute or imply any
endorsement, warranty, or assumption of liability of any kind by us with respect to any such
websites or services, or any information, materials, goods or services on or available from any
such websites or services.
10.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance
on any such websites or services, or any information, materials, goods or services on or
available from any such websites or services.
10.4 You acknowledge and agree that the Gallerima OÜ Parties (defined below) are not
responsible and will not be liable for: (i) the accuracy or availability of any such websites or
services; or (ii) any information, materials, goods or services on or available from any such
websites or services.
10.5 Our Services may use Google Maps/Earth mapping services, including Google
Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to
Google’s terms of use and privacy policy as amended by Google from time to time.
10.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any
other websites or services to which we may link, and we assume no liability for the
information contained therein.

11. DISCLAIMER OF WARRANTIES

11.1 You acknowledge and agree that your access to and use of our services is at your own
risk, and that our services are provided to you on an “as is” and “as available” basis. We make
no representations or warranties of any kind, express or implied, with respect to our services
or any content, including any warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and quiet enjoyment, and any warranties arising out of course of
dealing or usage of trade, all of which Gallerima OÜ and our officers, owners, directors,
consultants, agents, and employees (collectively, the “Gallerima OÜ parties”) expressly
disclaim to the fullest extent permitted by applicable law. The Gallerima OÜ parties make no
representations or warranties of any kind, express or implied, that our services or any content
will meet your requirements or be available, accessible, uninterrupted, timely, accurate,

reliable, complete, free of errors, safe, secure, or free of viruses or other harmful components,
or that the use of our services in any way will give rise to any specific results. applicable law
may not permit the exclusion of implied warranties, so some of the exclusions in this section
may not apply to you.
11.2 If the use of our Services results in the need for servicing or replacing any equipment or
data, the Gallerima OÜ Parties will not be responsible for those costs or losses, and we urge
you to back up your data at all times.
11.3 No advice or information (whether oral or written) obtained from the Gallerima OÜ
Parties, or through our Services or any Content, will create any warranty by us not expressly
stated in these Terms or in a separate written agreement between you and us.

12. GENERAL RELEASE

12.1 We may provide rules for using our Services, but the Gallerima OÜ Parties do not
endorse or control and are not responsible for the conduct (whether online or offline) of any
User and/or third party on or in connection with our Services.
12.2 To the fullest extent permitted by applicable law, you release the Gallerima OÜ parties
from all claims, demands, suits, damages (actual and consequential), losses, liabilities, and
expenses (including attorneys’ fees), of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with: (i)
any disputes between you and one (1) or more other users or other third parties resulting
directly or indirectly from your use of our services; (ii) any user content or conduct,
performance or non-performance (whether online or offline) of any other user or other third
party in any way connected with our services, including any defamatory, misleading,
offensive or unlawful conduct or user content, or any unauthorized access to or use of our
services, your account or your user content and/or information; (iii) any artwork or other
property exhibited, listed, marketed, offered for sale, or sold (whether online or offline) by
any other user or other third party on, through, or in any way connected with our services; or
(iv) any communications, interactions or meetings (whether in person, online or otherwise)
between you and one (1) or more other users or other third parties resulting directly or
indirectly from your use of our services. you expressly waive any benefits or protections,
whether statutory or otherwise, that would otherwise limit the coverage of this release to
include only those claims which you may know or suspect to exist in your favor at the time of
entering into this release.

13. LIMITATION OF LIABILITY

13.1 Under no circumstances will any of the Gallerima OÜ parties be liable to you or any
third party for any indirect, incidental, exemplary, punitive, special, or consequential
damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue,
business, data, use, goodwill or other intangible losses, arising out of or in connection with: (i)
these terms; (ii) our services; (iii) the use of or inability to use our services; (iv) any conduct,
performance or non-performance (whether online or offline) of any other user or other third
party on or in connection with our services; or (v) any content, goods or services made
available on, through, or in any way connected with our services (whether online or offline)
by us or any other user or other third party. Under no circumstances will our total liability to
you or any third party arising out of or in connection with these terms or our services exceed
the greater of one hundred u.s. dollars (u.s. $100.00) or the total amount you paid us (if any)
to use our services in the six (6) months before the event giving rise to such liability.
13.2 The exclusions and limitations of liability provided above in subsection 13.1 apply to all
claims, whether based on warranty, contract, statute, tort (including negligence), strict
liability, or any other legal theory, whether or not any of the Gallerima OÜ parties have been
advised of or should have known of the possibility of such damage or loss, and even if a
remedy set forth in these terms is found to have failed of its essential purpose. Applicable law
may not permit the exclusion or limitation of liability for consequential or incidental damages,
so some of the exclusions and limitations provided above in subsection 13.1 may not apply to
you, in which case the liability of the Gallerima OÜ parties will be limited to the fullest extent
permitted by applicable law.

14. INDEMNIFICATION

14.1 You agree to indemnify, defend, and hold harmless Gallerima OÜ and our officers,
directors, agents, and employees from and against any and all third-party claims, demands,
suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses
(including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of
these Terms, Service Terms, and other applicable agreements with us (including any term or
condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any
misrepresentation made by you; or (iv) your violation of any law or the rights of any third
party, including any intellectual property right, privacy right, or publicity right.
14.2 We reserve the right to assume the exclusive defense and control of any matter subject to
indemnification by you, in which case you agree to cooperate as fully as reasonably required
by us in conducting such defense. In any case, you agree not to settle any such matter without

our prior written consent. Your indemnification and defense obligations provided in these
Terms will survive these Terms and your use of our Services.

15. CHOICE OF LAW AND DISPUTE RESOLUTION

15.1 You agree that all claims or disputes you have against us arising out of or related to these
Terms or our Services must be resolved exclusively by a court located in EU (European
Union). Whether or not any third parties are involved. You agree to submit to the personal
jurisdiction of, and agree that venue is proper in, the courts located in EU (European Union).
for the purpose of litigating all such claims or disputes, and you expressly waive any
objection as to inconvenient forum.
15.2 These Terms, the rights and obligations of you and us under these Terms, and all claims
or disputes that might arise between you and us, will be governed by and construed in
accordance with the laws of the EU (European Union), and, to the extent applicable, the laws
of the EU (European Union), excluding any conflict of laws principles, and without regard to
your jurisdiction of residence.
15.3 You agree that regardless of any law to the contrary, each claim you might have against
us arising out of or related to these Terms or our Services must be filed within the applicable
statute of limitations, or one (1) year after such claim arose, or else such claim will be
permanently barred.
15.4 The United Nations Convention on Contracts for the International Sale of Goods will not
in any way apply to our Services, these Terms, or any other agreement between you and us.
15.5 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief
in any jurisdiction.

16. INTERNATIONAL USE

16.1 Our Services are based in the EU (European Union).
16.2 If you are located outside the EU (European Union), you agree to ensure that your access
to and use of our Services complies with all applicable local, state, national, and international
laws and regulations, including any laws and regulations governing the import or export of
data, goods, services or software.
16.3 You must not access or use our Services if any applicable local, state, national, or
international law or regulation prohibits you from receiving products or services originating
from the EU (European Union).
16.4

a) Neither you, nor the entity you represent, if applicable, is a resident (if an individual) or
located in or organized under the laws of (if an entity) Cuba, Iran, North Korea, the Crimea
region of Ukraine, or Syria.
b) Neither you, nor the entity you represent, if applicable, is, or are owned or controlled by, or
acting on behalf of, a person that is the subject of any sanctions administered or enforced by
any relevant sanctions authority including, but not limited to, the Office of Foreign Assets
Control of the EU (European Union), or any governmental or public entity or official of Cuba,
Iran, North Korea, or Syria; and
c) Neither you, nor the entity you represent, if applicable, will transfer or facilitate the transfer
of any item purchased or otherwise obtained via Gallerima OÜ, to any person who is, or who
is owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions
administered or enforced by any relevant sanctions authority including, but not limited to, the
Office of Foreign Assets Control of the EU (European Union); or to any governmental or
public entity or official of Cuba, Iran, North Korea, or Syria.

17. CHANGES TO OUR SERVICES

17.1 Our Services are updated frequently, and their form and functionality may change
without notice. We reserve the right to change, modify, add, remove or discontinue any and
all of our Services (and/or the appearance, design, functionality, and all other aspects of any
and all of our Services), in whole or part, temporarily or permanently, with or without notice,
for any reason or no reason, at any time at our sole discretion.
17.2 We will not be liable to you or any third party for any damages or losses of any kind
resulting directly or indirectly from any changes made by us to our Services, including any
loss of business or the ability to use any product, service or Content.

18. CHANGES TO THESE TERMS

18.1 Our business changes with time, and these Terms will change also. We reserve the right
to change these Terms, including the right to change, modify, add or remove any part of these
Terms, without prior notice, at any time at our sole discretion.
18.2 All changes to these Terms will be effective when posted on our Services, or at such later
date as may be specified in the updated Terms.
18.3 By continuing to use our Services after any changes to these Terms become effective,
you agree to such changes and the updated Terms.

18.4 You agree that we may notify you of any changes to these Terms by posting the updated
Terms on our Services, and you agree to review these Terms regularly and inform yourself of
all applicable changes.
18.5 If you do not agree to any changes made by us to these Terms, you will no longer be
permitted to use our Services.
18.6 Changes to these Terms will not apply to any claim or dispute that arose before such
changes became effective, all of which will remain subject to the version of these Terms in
effect at the time that such claim or dispute arose.
18.7 We will not be liable to you or any third party for any damages or losses of any kind
resulting directly or indirectly from any changes made by us to these Terms, including any
loss of business or the ability to use any product, service or Content.

19. TERMINATION

19.1 You may stop using our Services at any time, subject to any other agreements between
you and us.
19.2 Regardless of any other statement in these Terms, we reserve the right to terminate these
Terms, to terminate your account (if you have an account), and/or to limit, terminate or
suspend your access to or use of any or all of our Services, at any time at our sole discretion,
without notice or liability, for any reason or no reason, including if you violate the letter or
spirit of these Terms, Service Terms, and other applicable agreements with us.
19.3 After any termination of these Terms and/or any termination of your access to or use of
our Services, the following will survive and remain in full force and effect: (i) all outstanding
obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of
these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content
and Communications), 7 (Marketplace), 10 (Other Websites and Services), 11 (Disclaimer of
Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemnification), 15
(Choice of Law and Dispute Resolution), 16 (International Use), 17 (Changes to our
Services), 18 (Changes to these Terms), 19 (Termination), and 23 (Miscellaneous).

20. COPYRIGHT POLICY

20.1 We respect the intellectual property rights of others and expect Users to do the same. In
accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to notices
of claimed copyright infringement that are properly provided to our designated copyright
agent (“Copyright Agent”), whose contact information is listed below.

20.2 We reserve the right to remove or disable access to any Content on our Services claimed
to be infringing, at any time at our sole discretion, without notice or liability. In appropriate
circumstances, we will also terminate Users and account holders who are repeat infringers.
20.3 If you believe that Content on our Services has been used in a way that constitutes
copyright infringement, please provide our Copyright Agent with a written notice containing
all of the following information (“DMCA Notice”):
 A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
 Identification of the copyrighted work claimed to have been infringed;
 Identification of the Content that is claimed to be infringing or to be the subject of
infringing activity, and information reasonably sufficient to permit us to locate such
Content on our Services;
 Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address;
 a statement that you have a good faith belief that use of the Content in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
 a statement that the information in your notice is accurate and, under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
20.4 If you are the provider of Content that was removed (or to which access was disabled)
and you believe that such Content is not infringing, or that the use of such Content is
authorized by the copyright owner, the copyright owner’s agent, or the law, you may provide
our Copyright Agent with a written counter-notice containing all of the following information
(“Counter-Notice”):
 your physical or electronic signature;
 identification of the Content that was removed or to which access was disabled, and the
location at which such Content appeared on our Services before it was removed or access
to it was disabled;
 a statement under penalty of perjury that you have a good faith belief that the Content
was removed or disabled as a result of mistake or misidentification of the Content; and

 your name, address, and telephone number, and a statement that you consent to the
jurisdiction of the judicial district in which your address is located, or, if your address is
outside the EU (European Union), for any judicial district in which Gallerima OÜ may
be found, and that you will accept service of process from the person who provided the
notice of claimed infringement or an agent of such person.
20.5 Our Copyright Agent designated to receive DMCA Notices and Counter-Notices may be
contacted as follows:
 By postal mail: Gallerima OÜ, Attn: Copyright Agent, Harju maakond, Tallinn, Kristiine
linnaosa, Keemia tn 4, 10616″
 By email: support@gallerima.com
 20.6 You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it
is not addressed to our Copyright Agent or it does not provide substantially all of the
information specified above. To help us receive your DMCA Notice or Counter-Notice
in a timely manner, please send it by email if possible.
20.7 If you provide us with a DMCA Notice, you agree that we may send a copy of it
(including your name and contact information) to the provider of the disputed Content.
20.8 Please note that the procedure described above in this section is intended to comply with
our rights and obligations under the DMCA, but does not constitute legal advice. Under
federal law, if you knowingly misrepresent that online material is infringing, you may be
subject to criminal liability for perjury and civil penalties, including monetary damages, court
costs, and attorneys’ fees. If you are not sure whether you are (or are authorized to act on
behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult
an attorney about your rights and obligations under the DMCA and any other applicable laws.

21. JOB LISTINGS

21.1 We may post information and listings on our Services or on third-party social media
services describing careers with Gallerima OÜ, internships, or positions for which we are or
may be hiring.
21.2 Please note that such information and listings are for general informational use only, may
be changed by us at any time without notice, and are not an offer of employment or any other
offer or warranty by us.

21.3 Please note that if you would like to apply to an open position posted on our site, you
will be referred to a third party site in order to submit your application.

22. PROMOTIONS

22.1 We may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in
connection with our Services from time to time, by ourselves or in conjunction with third
parties.
22.2 Your participation in Promotions is subject to these Terms and any official rules that we
may post on our Services or otherwise make available to you in connection with Promotions
(“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms,
those Promotion Rules will control to the extent of the conflict as relates to those Promotions.

23. MISCELLANEOUS

23.1 These Terms, including our Privacy Policy, Conditions of Sale, and Service Terms, other
applicable agreements with us, and any other terms and conditions incorporated into these
Terms by reference, together with any other written agreements that you may enter into with
us regarding our Services, constitutes the entire agreement and understanding between you
and us regarding our Services, and supersedes any other communications, representations or
understandings.
23.2 If any provision of these Terms is found by a court of competent jurisdiction to be
invalid or unenforceable for any reason, that provision will be enforced to the maximum
extent permitted, and these Terms will otherwise remain in full force and effect.
23.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will
be considered a waiver. No right or remedy under these Terms will be considered waived by
us unless the waiver is in writing and signed by an Gallerima OÜ representative who intends
and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us
of any right or remedy under these Terms will prevent us from exercising any other right or
remedy.
23.4 These Terms will be binding on your successors and assigns, but you are not allowed to
assign, transfer or sublicense these Terms or any right or obligation under these Terms
without our prior written consent. These Terms, and all rights granted to or reserved by us
under these Terms, will benefit and be enforceable by our successors and assigns.
23.5 There are no third-party beneficiaries to these Terms except as expressly provided in
these Terms.

23.6 You and we are independent contractors under these Terms. No agency, partnership,
joint venture, employment, sales representative, or franchise relationship is created or implied
by these Terms or your use of our Services.
23.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

24. HOW TO CONTACT US

24.1 If you have questions about these Terms or our Services, please email us at:
Support@gallerima.com
24.2 Gallerima OÜ is located at: Harju maakond, Tallinn, Kristiine linnaosa, Keemia tn 4, 10616

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