User Agreement

1. GENERAL PROVISIONS

1.1. This User Agreement (hereinafter referred to as the "Agreement") pertains to the Agni Gallery website located at http://agni.gallery/ and all related sites associated with http://agni.gallery/.

1.2. The Agni Gallery website "http://agni.gallery" (hereinafter referred to as the "Site") is the property of "AGNI DEV LIMITED".

1.3. This Agreement governs the relationship between the Administration of the Agni Gallery website "http://agni.gallery/" (hereinafter referred to as the "Site Administration") and the User of this Site.

1.4. The Site Administration reserves the right to modify, add, or remove clauses of this Agreement at any time without prior notice to the User.

1.5. Continued use of the Site by the User constitutes acceptance of the Agreement and any amendments made to it.

1.6. The User is personally responsible for checking this Agreement for any changes.

2. DEFINITIONS

2.1. The terms listed below have the following meanings for the purposes of this Agreement:

2.1.1 "Agni Gallery" – An online gallery of contemporary art located at the domain name http://agni.gallery/, operating through the Internet resource and related services.

2.1.2. "Online gallery of contemporary art", "Site" – A website containing information about Art Items, the Seller, which allows for selection, ordering, and/or purchasing of Art Items.

2.1.3. The Administration of the Agni Gallery website – Authorized personnel managing the Site, acting on behalf of "AGNI DEV LIMITED".

2.1.4. User of the Agni Gallery website (hereinafter referred to as the "User") – An individual with access to the Site via the Internet and utilizing the Site.

2.1.5. Content of the Agni Gallery website (hereinafter referred to as the "Content") – Protected results of intellectual activity, including literary texts, titles, prefaces, annotations, articles, illustrations, covers, musical works with or without lyrics, graphic, textual, photographic, derivative, composite, and other works, user interfaces, visual interfaces, trademarks, logos, software programs, databases, as well as the design, structure, selection, coordination, appearance, overall style, and arrangement of this Content, all together and/or individually contained on the Agni Gallery website and other objects of intellectual property.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is to provide the User with access to the Art Items and services available on the Agni Gallery Site.

3.1.1. The online gallery of contemporary art provides the User with the following types of services:

- Access to electronic content free of charge, with the right to acquire (download) and view content;
- Access to search and navigation tools of Agni Gallery;
- Opportunities for the User to post messages, comments, reviews, and ratings of Agni Gallery content;
- Access to information about Art Items and purchasing information on a paid basis;
- The ability for the User to contact curators and the Site Administration for free;
- Access to information about artists, events, and news of the Online Gallery;
- Access to information about services provided by the Online Gallery on a paid basis;
- Other types of services offered on the pages of Agni Gallery.

3.1.2. This Agreement covers all existing (actively functioning) services of Agni Gallery at the present time, as well as any subsequent modifications and additional services that may arise in the future.

3.2. Access to Agni Gallery is provided free of charge.

3.3. This Agreement constitutes a public offer. By gaining access to the Online Gallery, the User is considered to have consented to this Agreement.

3.4. The use of materials and services provided by the Online Gallery is governed by the laws of the Kingdom of Thailand.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Site Administration has the right to:

4.1.1. Modify the rules for using the Site and change the content of the Site. Changes take effect from the moment the new version of the Agreement is published on the Site.

4.1.2. Restrict access to the Site in the event of a User's violation of the terms of this Agreement.

4.2. The User has the right to:

4.2.1. Utilize all services available on the Site, as well as purchase any Art Works offered on the Site.

4.2.2. Ask any questions related to Agni Gallery services using the contact details provided in the "Contacts" section of the Site.

4.2.3. Use the Site solely for the purposes and in the manner specified in the Agreement and not prohibited by the laws of the Kingdom of Thailand.

4.3. The User of the Site undertakes to:

4.3.1. Provide additional information upon request from the Site Administration that is directly related to the services offered on the Site.

4.3.2. Respect the intellectual property rights of authors and other rights holders when using the Site.

4.3.3. Refrain from actions that could be considered as disrupting the normal operation of the Site.

4.3.4. Not disseminate any confidential and legally protected information about individuals or legal entities using the Site.

4.3.5. Avoid any actions that may compromise the confidentiality of information protected by the laws of the Kingdom of Thailand.

4.3.6. Not use the Site to disseminate advertising information without the consent of the Site Administration.

4.3.7. Not use the services of the Agni Gallery website for the purpose of:

- Uploading content that is illegal, infringes on any third-party rights, promotes violence, cruelty, hatred, and/or discrimination based on race, nationality, gender, religion, or social status; contains false information and/or insults directed at specific individuals, organizations, or authorities.
- Encouraging illegal actions or assisting individuals whose actions aim to violate restrictions and prohibitions in the territory of the Kingdom of Thailand.
- Violating the rights of minors and/or causing them harm in any form.
- Infringing on the rights of minorities.
- Impersonating another person or a representative of an organization and/or community without sufficient rights, including employees of the Site.
- Misleading regarding the properties and characteristics of any Art Item from the Agni Gallery catalog posted on the Site.
- Incorrectly comparing an Art Item or forming a negative attitude towards individuals (not) using certain Art Items, or condemning such individuals.

4.4. The User is prohibited from:

4.4.1. Using any devices, programs, procedures, algorithms, and methods, automated devices, or equivalent manual processes to access, acquire, copy, or track the content of the Site.

4.4.2. Disrupting the proper functioning of the Site.

4.4.3. Circumventing the navigation structure of the Site in any way to obtain or attempt to obtain any information, documents, or materials by any means not specifically provided by the services of this Site.

4.4.4. Violating the security or authentication system of the Site or any network related to the Site.

4.4.5. Engaging in reverse searching, tracking, or attempting to track any information about any other User of the Site.

4.4.6. Using the Site and its Content for any purposes prohibited by the laws of the Kingdom of Thailand, as well as inciting any illegal activities or other actions that violate the rights of Agni Gallery or other parties.

5. USE OF THE AGNI GALLERY SITE

5.1. The Site and the Content contained therein are owned and managed by the Site Administration.

5.2. The Content of the Site may not be copied, published, reproduced, transmitted, or distributed in any manner, nor posted on the World Wide Web without prior written consent from the Site Administration.

5.3. The Content of the Site is protected by copyright, trademark laws, and other intellectual property rights, as well as laws regarding unfair competition.

5.4. The purchase of any Art Item offered on the Site may require the creation of a User account.

5.5. The User is personally responsible for maintaining the confidentiality of their account information, including the password, and for all activities conducted under their account.

5.6. The User must promptly notify the Site Administration of any unauthorized use of their account or password, or any other security breach.

5.7. The Site Administration has the right to unilaterally cancel the User's account if it has not been used for more than 12 consecutive calendar months without notifying the User.

5.8. This Agreement applies to all additional terms and conditions concerning the purchase of Art Items and the provision of services available on the Site.

5.9. Information posted on the Site should not be interpreted as an amendment to this Agreement.

5.10. The Site Administration reserves the right to make changes to the list of Art Items and services offered on the Site and/or to the prices applicable to such Art Items and services without notifying the User.

5.11. The documents specified in Sections 5.10.1 - 5.10.2 of this Agreement govern and apply to the User's use of the Site. The following documents are included in this Agreement:

5.11.1. Personal Data Processing Policy;

5.11.2. Public Offer.

5.12. Any of the documents listed in Section 5.10 of this Agreement may be updated. Changes take effect from the moment they are published on the Site.

6. LIABILITY

6.1. Any losses that the User may incur in the event of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to another User's communications, shall not be compensated by the Site Administration.

6.2. The Site Administration shall not be liable for:

6.2.1. Delays or failures in the processing of transactions due to force majeure, as well as any malfunctions in telecommunications, computer, electrical, or other related systems.

6.2.2. Actions of transfer systems, banks, payment systems, and delays related to their operations.

6.2.3. The proper functioning of the Site in cases where the User lacks the necessary technical means to use it, and shall not bear any obligations to provide Users with such means.

7. VIOLATION OF THE USER AGREEMENT

7.1. The Site Administration has the right to disclose any information collected about the User of the Site if the disclosure is necessary in connection with an investigation or complaint regarding unauthorized use of the Site or to identify a User who may violate or interfere with the rights of the Site Administration or the rights of other Users of the Site.

7.2. The Site Administration has the right to disclose any information about the User that it deems necessary to comply with applicable laws or court orders, to ensure compliance with the terms of this Agreement, or to protect the rights or safety of "AGNI DEV LIMITED" and its Users.

7.3. The Site Administration has the right to disclose User information if the laws of the Kingdom of Thailand require or permit such disclosure.

7.4. The Site Administration may terminate and/or block access to the Site without prior notice to the User if the User has violated this Agreement or the terms of use contained in any other documents, as well as in the event of the termination of the Site or due to technical malfunctions or issues.

7.5. The Site Administration shall not be liable to the User or any third parties for the termination of access to the Site in the event of the User's violation of any provision of this Agreement or any other document containing the terms of use of the Site.

8. DISPUTE RESOLUTIO

8.1. In the event of any disagreements or disputes between the Parties to this Agreement, a mandatory condition prior to seeking judicial resolution is the submission of a claim (written proposal for amicable dispute resolution).

8.2. The recipient of the claim shall, within 30 calendar days from the date of its receipt, notify the claimant in writing of the results of the claim review.

8.3. If it is impossible to resolve the dispute amicably, either Party has the right to go to court to protect their rights provided by the laws of the Kingdom of Thailand.

8.4. Any claim regarding the terms of use of the Site must be filed within a period after the grounds for the claim arise, except for claims related to the protection of copyright in materials protected by law. If this condition is violated, any claim or grounds for a claim shall be extinguished by the statute of limitations.

9. ADDITIONAL TERMS

9.1. The Site Administration does not accept counter-proposals from the User regarding amendments to this User Agreement.

9.2. User reviews posted on the Site are not considered confidential information and may be used by the Site Administration without restrictions.

Updated September 9, 2024.