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Version Date: January 01, 2017
whether personally or on behalf of an entity (“user” or “you”) and Werlin Design Group, LLC (dba
BrillianceGallery.com and its affiliated companies (collectively, “Company” or “we” or “us” or “our”),
concerning your access to and use of the http://www.BrillianceGallery.com website as well as any other
media form, media channel, mobile website or mobile application related or connected thereto
(collectively, the “Website”). The Website provides the following service: Sale of artwork (“Company
Services”). Supplemental terms and conditions or documents that may be posted on the Website from
time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other
than where it is operated by Company. The information provided on the Website is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Website from
other locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Website. Persons under the age of 13 are not permitted to register for the Website or use the Company
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,
OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
Company bills you through an online billing account for purchases of products and/or services. You agree
to pay Company all charges at the prices then in effect for the products you or other persons using your
billing account may purchase, and you authorize Company to charge your chosen payment provider for
any such purchases. You agree to make payment using that selected payment method. If you have
ordered a product or service that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from you for each recurring
charge until such time as you cancel the applicable product or service. Company reserves the right to
correct any errors or mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed required by Company.
Company may change prices at any time. All payments shall be in U.S. dollars.
Please review our Return Policy posted on our Website prior to making any purchases.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use this Website; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Website’s registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a user's actual name.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should
have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive
language, profanity, or abusive, racist, or hate language; discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal
activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers
should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false
statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or
partner of Company. Company does not assume liability for any review or for any claims, liabilities or
losses resulting from any review. By posting a review, the reviewer hereby grants to Company a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable license to
Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the Company Services via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on such devices strictly in
accordance with the terms and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) de-compile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)
make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the
application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of Company or other intellectual property of Company in the
design, development, manufacture, licensing or distribution of any applications, accessories or devices for
use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement is concluded
between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and
Company, not an App Distributor, is solely responsible for the Company application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely
responsible for providing any maintenance and support services with respect to the Company application,
as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the Company application. (3) WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the Company application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the Company application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the
Company application or your possession and/or use of the Company application, including, but not limited
to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the Company application or your possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the Company application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the Company application. (8) THIRD PARTY
BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions") provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
The presence of this badge signifies that this business has officially registered with the Art Storefronts Organization and has an established track record of selling art.
It also means that buyers can trust that they are buying from a legitimate business. Art sellers that conduct fraudulent activity or that receive numerous complaints from buyers will have this badge revoked. If you would like to file a complaint about this seller, please do so here.
The Art Storefronts Organization has verified that this business has provided a returns & exchanges policy for all art purchases.
Free Returns! If you don't love it, return it! Read on for our 100% satisfaction guarantee, and for instructions on how to make a return.
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The Art Storefronts Organization has verified that this Art Seller has published information about the archival materials used to create their products in an effort to provide transparency to buyers.
Reproducing and selling art responsibly while meeting museum standard quality standards with environmentally friendly processes.
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Click on any Image to continue
The above preview shows how to use the live preview on this website. The image displayed is just an example, and is not available for sale.
This means you can use the camera on your phone or tablet and superimpose any piece of art onto a wall inside of your home or business.
To use this feature, Just look for the "Live Preview AR" button when viewing any piece of art on this website!
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Also, receive special discounts throughout the year and be notified first of new artwork
from Artist Peter McClard as it becomes available in the gallery.