WELCOME TO PLOGIX GALLERY
These terms and conditions outline the rules and regulations for the use of Plogix Gallery's Website, located at plogix.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Plogix Gallery if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
LICENSE Unless otherwise stated, Plogix Gallery and/or its licensors own the intellectual property rights for all material on Plogix Gallery. All intellectual property rights are reserved. You may access this from Plogix Gallery for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Plogix Gallery
Sell, rent or sub-license material from Plogix Gallery
Reproduce, duplicate or copy material from Plogix Gallery
Redistribute content from Plogix Gallery
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Plogix Gallery does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Plogix Gallery,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Plogix Gallery shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Plogix Gallery reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Plogix Gallery a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Plogix Gallery; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Plogix Gallery. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Plogix Gallery's logo or other artwork will be allowed for linking absent a trademark license agreement.
IFRAMES Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
CONTENT LIABILITY We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
MEMBER TERMS AND RIGHTS To participate in any member-related activities, all members must have paid the annual membership fee. It is the responsibility of the members to retrieve their login information from Plogix and ensure that all artwork is uploaded for approval on the gallery and posted on the appropriate art sharing platforms. Members are expected to maintain regular communication with the Plogix team to optimize the exposure of their artwork. Collaboration and utilization of the member portal for communication and sharing of other member artists' work is highly encouraged to further increase exposure. We offer a 100% money-back guarantee within seven days of a member's approval and payment of the annual membership fee. To qualify for a refund, a member must cancel their annual contract and submit an email request within seven days of their membership activation. Requests made after the seven-day money-back guarantee period will be considered for refunds up to 30 days, at the discretion of Plogix Gallery. Members have the option to cancel their membership at any time, provided they do so prior to the next payment date.
ONLINE GALLERY TERMS Plogix Gallery operates on a commission-based model, where we take a 5% commission on any sales above $150 made through our online web gallery. Members who submit their work to the gallery must adhere to our terms and conditions, which include the following gallery-specific provisions: It is strictly prohibited for members to display unavailable or previously sold artwork on the gallery. If a piece is sold through a third-party platform, members must promptly notify our team so that we can remove it accordingly. All artwork submissions to the website must include the required information, including a minimum selling price. Members must also ensure that the shipping cost is included in the listing price of their artwork. Upon acceptance of an offer by a buyer, the commission will be subtracted and the remaining balance will be transferred within 3 business days of Plogix receiving the proceeds from the buyer. Once the sale is approved and proceeding, the artwork must be shipped out within 3 business days, at which point Plogix will transfer the sale proceeds minus the commission as stated above. The seller must provide shipment confirmation numbers to both Plogix and the buyer as soon as the artwork is shipped.
SOCIAL PROMOTION TERMS Plogix Gallery is committed to promoting member artists on a consistent basis, with a minimum of two posts per week on the stories our social media accounts. We utilize the latest posts from members' Instagram accounts with the necessary Plogix Gallery tags and hashtags, and credit the artist on each post. Members also have the option to contact Plogix directly to request specific works to be shared on our social media accounts. While we may feature member works on our social media feed, selection is at random. Members who purchase our Promo packages will receive consistent promotion on both the feed and stories of our social media accounts. If a member has a specific request for a post, they may submit their request via email to email@example.com and our team will review the submission and make a decision on whether or not to approve the artwork and feature it on the feed. On occasion, Instagram's glitches may prevent the caption from being added. In the event that this occurs and a member sees one of their posts without a reference, they should contact us immediately and we will rectify the situation promptly. Plogix Gallery is not held responsible for any glitches that may occur, however, our team makes every effort to resolve any issues in a timely manner.
NFT AND PLOGIX 3RD PARTY PARTNERSHIPS TERMS Plogix Gallery reserves the right to convert any available listings on our platform into Non-Fungible Tokens (NFTs) on our partner NFT marketplaces. Any NFTs listed on these partner websites will be owned by Plogix until sold, and will be listed at the same price as the corresponding Plogix Listing. Upon sale, the listing will be automatically removed from our marketplace. The artist of the NFT is responsible for shipping the corresponding artwork to the buyer, with the shipping address provided by Plogix Gallery upon receipt from the buyer. The sale price will include the corresponding shipping charge, as well as any additional service fees, including gas fees. Plogix Gallery is responsible for transferring the net proceeds of the NFT sale to the corresponding artist within 3 business days via PayPal, bank transfer or crypto wallet exchange. Plogix Gallery also assumes responsibility for covering all gas and service fees associated with each NFT sale and reserves the right to adjust the NFT listing price accordingly. As the owner of the NFT collection on each marketplace, Plogix Gallery maintains the right to retain all Royalty/Commission proceeds from the primary NFT sale of the artwork/NFT, as well as all secondary and subsequent sales of the same artwork/NFT. Unlike gallery sales, NFT sales/royalty commission is set at 10% for the lifetime of each NFT. Plogix Gallery is not required to transfer any proceeds from secondary and subsequent sales of each NFT, and is only obligated to transfer the proceeds from the initial/primary sale to the corresponding artist, exclusive of the collection's 10% royalty/commission fee.
REMOVAL OF LINKS FROM OUR WEBSITE If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
DISCLAIMER To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.