Terms of Service
Please read these Terms of Service carefully before using this website or engaging with any services offered by Ithaca Gallery (“we,” “us,” or “our”). By accessing our website or engaging our services, you agree to be bound by these Terms.
Use of the Website
Our website is provided for informational purposes and to facilitate inquiries about our services. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of any third party. You may not use our website to transmit any unsolicited communications, introduce malicious code, or engage in any activity that could damage, disable, or impair the website or its servers.
Services
Ithaca Gallery provides gallery representation, art advisory, collection management, private sales, consignments, appraisals, curation, and related services. The specific terms governing each engagement, including fees, timelines, responsibilities, and conditions of sale or consignment, are set out in separate written agreements between Ithaca Gallery and the client. In the event of any conflict between these Terms and a separate written agreement, the written agreement shall prevail.
Appraisals & Valuations
Appraisals and valuations provided by Ithaca Gallery are conducted in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) where applicable. All appraisals represent our professional opinion of value at a specific point in time based on available market data and are not guarantees of future value or saleability. Appraisal reports are prepared for the specific purpose stated in the engagement and should not be relied upon for any other purpose without our written consent.
Private Sales & Consignments
All private sales and consignment arrangements are subject to separate written agreements that set out the specific terms of each transaction, including commission structures, reserve prices, duration, and conditions of sale. Title to any artwork remains with the consignor until a sale is completed and full payment has been received. Ithaca Gallery acts as agent and not as principal in consignment transactions unless otherwise expressly agreed in writing.
Authenticity & Provenance
While Ithaca Gallery takes all reasonable steps to verify the authenticity, provenance, and title of works offered for sale or consignment, we make no warranty, express or implied, as to the authenticity of any artwork. Buyers are encouraged to conduct their own due diligence, including independent authentication where appropriate. Ithaca Gallery shall not be liable for any loss arising from a good faith error in attribution or authenticity.
Anti-Money Laundering
As an art market participant, Ithaca Gallery is subject to applicable anti-money laundering legislation, including requirements under the US Bank Secrecy Act and equivalent regulations in other jurisdictions in which we operate. We are required to conduct due diligence on clients and counterparties in connection with certain transactions, and to report suspicious activity to relevant authorities as required by law.
Intellectual Property
All content on this website, including text, images, design, graphics, and logos, is the property of Ithaca Gallery or its licensors and is protected by applicable intellectual property laws. Images of artworks are reproduced with the permission of the relevant rights holders and are credited accordingly. The reproduction of artworks on this website does not transfer any rights in the underlying works; all copyright and other intellectual property rights in artworks remain with the artists, their estates, or other rights holders as indicated.
Disclaimer of Warranties
Our website and its content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
To the fullest extent permitted by applicable law, Ithaca Gallery shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services. Our total liability to you for any claim shall not exceed the amount paid by you to us in connection with the specific transaction giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless Ithaca Gallery and its members, directors, officers, employees, agents, and licensors against all claims, actions, suits, and other proceedings arising out of or in connection with your use of our website or services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Complaint Procedure
If you believe that any content on this website infringes your intellectual property or other rights, please contact us at info@galleryithaca.com with your name and contact details, a description of the rights you believe have been infringed, the specific content at issue and its location, and a statement that the information provided is accurate. We will review all complaints promptly and take appropriate action.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of our website or services shall be subject to the exclusive jurisdiction of the courts of the State of Florida, provided that nothing in this clause shall prevent either party from seeking urgent injunctive or other equitable relief in any court of competent jurisdiction.
Privacy
Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Changes to These Terms
We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with a revised effective date. Your continued use of our website or services following any changes constitutes your acceptance of the updated Terms.
Questions about this policy? Contact us at info@galleryithaca.com or through our contact page.