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Terms and Conditions:

The website to which these terms and conditions apply and for which we are responsible is ndigallery.com (the “Site” or “website”). The services offered on the ndigallery.com website are operated by NDI Gallery Limited. We are registered in England and Wales as limited company number 7890512. Our registered office address is 70 Seabourne Road, Bournemouth, Dorset BH5 2HT, United Kingdom.

1. User obligation:

To access, browse or use this Website you must agree to be bound by our Terms and Conditions as detailed below. We reserve the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms upon accessing the site. Your continued use of this site means that you agree to be bound by the most current version of our terms and conditions. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy. 

You must not misuse our Site or any part of our Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

2. Terms of use:

You agree not to provide any false or erroneous information when registering as a new customer or user and agree not to impersonate any person or misrepresent your identity in any way. The use of this site is only for lawful purposes, in a manner, which does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party.

3. Copyright:

All information and materials appearing on ndigallery.com are protected by copyright and are the property of NDI Gallery Limited or their respective owners. You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on this website. The mirroring, framing, scraping or data-mining of the website, or any of its contents, in part or in whole, and in any form and by any method are strictly prohibited. Furthermore, the use of any or all of the following are strictly prohibited including collaborative or display technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that other users of the website may view such postings.

4. Limitation of Liability:

NDI Gallery will administer the Website using reasonable care and skill. We shall use reasonable endeavours to keep the Website free from viruses and corrupt files but do not warrant that the Website is free from infection by viruses or anything else with contaminating or destructive properties. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents. The information and other materials included on this site may contain inaccuracies and typographical errors. NDI Gallery Limited does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such statement or information shall be at your sole risk. The information in these pages may be updated from time to time. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.

5. Provision of Services:

5.1 Artist Gallery:

5.1.1 Application Process

Artists must apply to be included in the Art Gallery section of ndigallery.com. The application process is free to all Recycled Artists aged over 18 years old. The final decision whether an Artist is approved or declined for membership of the NDI Gallery is at the sole discretion of ndigallery.com

5.1.2 Services

The Art Gallery section of ndigallery.com is designed to showcase and promote our artists and their artworks. It is not a direct sales venue. To enquire about purchasing an artwork, customers are required to contact the artists through the community messaging system. Once accepted, each Gallery artist can list up to 24 artworks in the Art Gallery area. Please see our Art Gallery FAQ for more details.

5.1.3 Artist responsibilities

It is your responsibility as a Gallery Artist to keep your account and community profile information up to date at all times and to use your best efforts to answer any queries about your artwork from other registered users through the sites personal messaging system. Artists may not upload any content or images that they do not have the Copyright ownership of, or have the legal right to sell, or any content that is deemed unlawful, harmful, abusive, obscene, pornographic, libellous, invasive of another's privacy, hateful, or otherwise objectionable.

5.1.4 Editorial Control

NDI Gallery has full editorial control over the content of the Website and the way in which the Materials and information supplied by you - the artist - are displayed; in addition we can change formatting and the way your Materials are presented on the Website at any time without giving notice, including without limitation by amending the format, size, cropping or resolution of any Materials, or the context in which they are reproduced. NDI Gallery may use, reproduce and publish the images and any other material supplied by you (the Materials) on the Website (or any part of or extract from the Website) and in any other electronic or non-electronic publication, form or medium determined by NDI Gallery from time to time (whether made available free of charge or otherwise), for the purposes of promoting the Website, the work of NDI Gallery, your work or for purely educational purposes.

5.2 The Community:

You own all of the content and information you post on the NDI Gallery community and you can control how it is shared through your privacy settings. It is free to post your materials and information to the NDI Gallery Community and forums. However please note that any materials (e.g., imagery, videos or text content) that you upload must not :

- defame any person or promote any illegal activity
- contain material which could be considered obscene, discriminatory, offensive, hateful, threatening or inflammatory
- infringe any copyright or trade mark of any other person or business 
- be likely to deceive, harass, upset, embarrass, alarm any person or business including ourselves.

Any material a user uploads to the website will be considered non-confidential and non-proprietary, and we have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such a user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by our users. We retain the right to remove any material or posting a user makes on the Site at our discretion.

6. Third Party Sites / Links:

The Website may contain links to other websites or resources. NDI Gallery has no control over such sites. You acknowledge and agree that NDI Gallery does not endorse and is not responsible for the contents or availability of these links or sites and is not responsible or liable directly or indirectly for any transactions you may enter into. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

7. Indemnity:

You agree to indemnify and hold harmless NDI Gallery from any claim, action, demand, loss, damages, or costs (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.

8. Jurisdiction:

English law will apply to these Terms and Conditions and any disputes arising will be referred to the non-exclusive jurisdiction of the English Courts.

- revised 23/02/2014