TERMS OF SERVICE
Last updated: March 9th, 2023
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OVERVIEW
The website www.gasartsupply.com and/or any other addresses (any or all of which are herein referred to as the "Website") is operated by GAS TANK LLC (the “Company”). Throughout the site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Website, including all information, tools, Services, features or functionality made available by the Company (each, a “Service” and collectively, the “Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Our Service includes, but is not limited to, allowing users to view, sell, and purchase original works of art as well as commercially exploit digital images of those works of art.
By visiting our site, purchasing something from one of our vendors, and/or selling something to one of our users, you engage in our Service and agree to be bound, without modification, limitation, or qualification by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Transactions conducted on or connected with the Website are subject to specific rules, in addition to these Terms. Other rules may apply to certain other items, areas, or services on or in connection with the Website. You agree to be bound by such rules. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, including conditions and notices contained herein or otherwise posted on the Website (the content of this agreement in its entirety, including all Terms, additional conditions and notices, is referred to herein as the "Agreement") and constitutes a binding legal agreement between you and the Company. If you do not agree to all the Terms and conditions of the Agreement, then you may not access the Website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Agreement. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Our right to change the URL, modify or discontinue the Services, and restrict or block access to them is reserved. Original Works of Art (as defined below), Digital Works (as defined below), Company Content (as defined below) or Member Content (as defined below) may be modified or removed from the Services without notification to you at any time, including the removal of any works of art or content which we consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. The content found on the Website is not intended for minors,
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We strongly advise that any and all content on the Website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the United States, as well as other countries, and are owned or controlled by the original owner or by third parties that have licensed their Material to the user. It is your responsibility to verify that you have the authority to bind a company or other legal entity to these Terms. This is if you accept or agree to these Terms on behalf of a company or other legal entity. If so, “you” and "your" refer to that company or other legal entity.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. The Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your Account.
Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY]
We ask that users have made every effort to display as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Members may submit listings for original works of art (“Original Works”) that they have created and want to sell through the Services. Artwork that has been created by another artist cannot be listed. In addition, Members may submit listings for digital images of artworks they have created ("Digital Works"), which they wish to exploit commercially through the Services. Digital Works that were created by another artist cannot be listed. The Company requires you to provide all the information requested and you must comply with any other requirements identified to you.
Without limiting the generality of the previously stated, when submitting listings you may be required to provide us with a copy of your government-issued ID, tax identification, VAT ID, or other comparable documentation and information in order to verify your identity. Your listings must be authentic, complete, accurate, and adhere to the Terms. Any listings may be subject to editing by us to ensure that they adhere to these rules. You understand that it can take several hours for people to be able to search for your listings by keyword or category (up to 24 hours or more in some circumstances). Your listings may be placed in search and browse results according to but not limited to title, keywords, and price.
The Company reserves the right to use sales and/or discounts to promote and market Original Works of Art and/or Digital Works. Sale or discount amounts will apply to the listing price of Original Works of Art and/or Printed Works (defined below) related to Digital Works. Below are instructions on how to remove an Original Work or Digital Work listing from the Services.
Delete an Original Work or Digital Work in your account by clicking on the image you want to remove, then clicking on Delete and following the instructions.
In the event that you make your Original Works or Digital Works (collectively, “Artwork”, “Work of Art” or “Artworks”) publicly accessible through the Services, you are solely responsible for them. Consequently, you represent and warrant that: (i) you are the creator of all Original Works of Art that you make available through the Services and that you are the sole and exclusive owner of all such Original Works of Art; (ii) All Digital Works you make available through the Services must be owned solely or exclusively by you or you must have all rights, licenses, consents, and releases necessary to grant the Company rights to such Digital Works as contemplated under these Terms; and (iii) under these Terms, neither the Original Works of Art nor the Digital Works that you render publicly accessible through the Services, nor the Company's use and exploitation of these Materials will infringe, misappropriate or violate a third party’s trademarks, patents, copyright, trade secrets, moral rights or other intellectual property rights, or rights of publicity or privacy, or other third party rights, or result in the violation of any applicable law or regulation.
In the event that you submit a listing for a Work of Art, you will be selling such Original Works and Digital Works through the Services and on third party websites and sales channels (collectively, “Online Sales”), and you hereby grant the Company a worldwide, transferable, nonexclusive right and license, with a right to sublicense to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Artwork for sales via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publish, transmit and broadcast copies of the Artwork in any format known or later developed for any promotional purpose. In addition, you acknowledge and agree that you will receive the Artist Revenue Share (defined below), if any, as your only compensation for granting these license rights upon the sale of an Artwork through Online and Offline Sales channels. The Company may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling the Company to process and fulfill orders for Artwork.
In the event that you submit a listing for Original Works, you permit Members and other third parties to purchase the Artwork. In the event that you submit a listing for Digital Works, you permit Members and other third parties to purchase fine art reproductions of the Digital Works (“Printed Works”). As the seller you are solely responsible for ensuring the quality, accuracy, and precision of either sale and its delivery to the buyer.
If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and the Company, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
The Company and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser. In addition, they will be responsible for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or the Company’s Offline Sales partner will be liable for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between the Company and the third party website or the Company’s Offline Sales partner, as applicable, to the Company and share related shipping information, including the contact details of the purchaser where necessary, with the Company.
For Original Works of Art only, the Company will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by the Company, you will be responsible for shipping the purchased Original Work directly to the purchaser. You agree to ship the purchased Original Work to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work to the purchaser prior to the expiration of the Shipping Period, then the sale may be canceled. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to the shipper.
For sales of Original Works of Art via the Online Sales channels, the Company will credit your Account in an amount to be determined in accordance with the Company’s then-current standard pricing and revenue share terms, which may be found at https://gasartsupply.com/pages/pricing-and-payment-policy (the “Artist Revenue Share”). For sales of Original Works of Art via the Services, subject to the Company’s receipt of confirmation of delivery to the purchaser, the Company will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period. For sales of Original Works of Art via third party websites, the Company will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by the Company, in its sole discretion.
You agree to comply with the terms and conditions of the Company’s then-current Return Policy at https://gasartsupply.com/pages/return-policy that are applicable to any Artworks that are sold through the Services.
For sales of Printed Works via Online Sales and Offline Sales, the Company will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in the Company’s then-current standard pricing and revenue share terms, which, as noted above, may be found at
https://gasartsupply.com/pages/pricing-and-payment-policy.
You will have the right to request the Company to remit the Artist Revenue Share in your Account in accordance with the Company-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, the Company will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Services, the license rights granted by you to the Company with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for the Company and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by the Company or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to the Company with respect to using such Digital Work to promote the Company, the Services will remain in full force and effect for only as long as necessary for the Company to fulfill any current obligations that require using the Digital Work for such promotional purposes.
As a Member, you may purchase Original Works that are listed by other Members on the Services. If you purchase such an Original Work through the Services, you are purchasing it from the Member listed on the listing, not the Company. There will be a price listed on each listing for Original Works. Taxes (defined below) including VAT, if applicable, are not included in the prices (unless specifically indicated on the Website), for which you are responsible and which will be separately identified on your receipt. The Company and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. Original Works will be shipped directly to you by the Member identified in the listing. Any Original Work purchased through the Services is subject to the terms and conditions of the Company's Return Policy at the time of purchase. The terms and conditions of the applicable Online Sales channels will be displayed to you at the time of purchase when you purchase Original Works via Online Sales (other than via the Services).
The Services allow Members to purchase Printed Works listed by other Members. Prices for Printed Works will be as specified in the applicable listing. You acknowledge that these prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Your billing and shipping information will be collected by the Company and its third party service providers when you purchase Printed Works through the Services. This information will be collected, your payment will be processed, and the Printed Works will be shipped directly to you. The terms and conditions of the Company's then-current Return Policy apply to any Printed Works that you purchase through the Services. Purchases of Printed Works made through Online Sales (other than via the Services) and Offline Sales will be subject to the terms and conditions of the relevant Online Sales and Offline Sales channels, presented to you at the time of purchase.
Any order placed via the Services for an Original Work of Art or Printed Work may be canceled by the Company. This is if the Company determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. The Company will send you an email confirmation if an order is placed via the Services. If the Company cancels an order placed via the Services, the Company will send you an email confirmation of such cancellation. You will not be charged for your order.
As a Member, if you are contacted by another Member about purchasing either an Artwork you have submitted a listing for, or a similar work or custom piece related to a listed work of art, you may not sell such Artwork to such Member independent of the Company and the Services. In the same way, if you are a Member and wish to purchase art that another Member has listed, or similar Artwork related to a listed work of art, you may not do so independently of the Company and the Services. If you violate this provision, your Member account as an artist or buyer may be terminated in addition to any other remedies available to the Company, including but not limited to injunctive relief.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”) unless specifically indicated on the Website. If you are a seller of Original Works and/or Printed Works, you acknowledge that the Company will withhold the Taxes required to be withheld from the payments the Company makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.
For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see https://gasartsupply.com/pages/privacy-policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at gasartsupply@gmail.com.
Our contact information is posted below:
GasTank LLC
Gasartsupply.com
5830 E 2nd St, Ste 7000 #3352
Casper, Wyoming 82609