Terms of Use Agreement

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on February 08, 2016.

This Terms of Use Agreement sets forth the standards of use of the website at www.hullugallery.com (the “Site”) operated by HULLU (“Gallery” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service 

HULLU is providing Member with access to buy and sell artwork. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.

Disclaimer of Warranties

The Site is provided by HULLU on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, HULLU makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. HULLU shall have no liability for any interruptions in the use of the Site. HULLU disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Limitation of Liability

GALLERY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HULLU SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HULLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Gallery, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.

Modifications and Interruption to Site

HULLU reserves the right to modify or discontinue the Site with or without notice to the Member. HULLU shall not be liable to Member or any third party should Gallery exercise its right to modify or discontinue the Site. Member acknowledges and accepts that HULLU does not guarantee continuous or uninterrupted or secure access and operation of the Site that may be interfered with or adversely affected by numerous factors or circumstances outside of HULLU's control.

Disclaimer Regarding Accuracy of Vendor Information

Specifications about and other information regarding artwork for sale on the Site have been provided by and verified by individual sellers. While HULLU makes every effort to ensure that the sellers are genuine and information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

Information for Customers

Purchases of items from the Site are governed by the terms set forth in the HULLU Customer FAQ at https://www.hullugallery.asia/FAQ

Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, HULLU may collect fees owed using other collection mechanisms.

Governing Jurisdiction of the Courts of Thailand

The site is operated under license by HULLU (Thailand) Co., Ltd. in Bangkok, Thailand. As such, we are subject to the laws of Thailand, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of Thailand.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

Artists submitting images or artworks ("Images") for sale to HULLU on the Site warrant and represent that you own all rights, including but not limited to all copyright rights, in and to the Images. You grant to HULLU the worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that HULLU's use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold HULLU harmless from any claims or demands, including attorneys’ fees and costs, incurred by HULLU with respect thereto.

All images on the Site are either owned or licensed by HULLU and may not be reproduced or used in any manner without the express written permission of HULLU and, if appropriate, the relevant artist.

Copyright © 2016 HULLU

ALL rights reserved.

All physical artwork owned by the individual artists or private collectors represented here are subject to Thai and International copyright laws.

HULLU is Trademarked by Justin Paul Rumm and may not be used without prior written permission of the trademark owner.

Notification of Claimed Copyright Infringement

If you believe that any works on the Site infringe your copyright rights, please provide HULLU's copyright legal representatives with information as required by the governing International Copyright Acts.

HULLU's Copyright Legal Representatives for notice of claims of copyright infringement on its site can be reached as follows:

HULLU 

c/- Legal Department

Level 18, Park Ventures Ecoplex

57 Wireless Road

Lumpini, Patumwan

Bangkok 10330

Thailand

Tel: +66 2-309-3421

Fax: +66 2-309-3422