Welcome to the Bakehouse Art Complex: Fresh Goods Gallery (bakehouseartcomplex.viewingrooms.com), an online platform to promote and benefit the Miami-based Bakehouse Art Complex, Inc.
The Bakehouse Art Complex ("Bakehouse) is a 501(c)(3), not-for-profit institution whose mission is to provide affordable working and living spaces to Miami-based artists. Please visit our website for more information. Net proceeds generated by sales through Fresh Goods Gallery will support our charitable mission. We value your relationship and interest in Bakehouse, and we commit to providing the highest level of customer service. Your relationship with the Bakehouse, Fresh Goods Gallery, the officers, directors, and agents of Bakehouse is governed solely by these Terms of use of this Site.
By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Fresh Goods Gallery is not responsible for any errors or omissions in the Site or Site Materials, and Fresh Goods Gallery is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights. As between you and Fresh Goods Gallery, Fresh Goods Gallery owns, takes on consignment, or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software, and software concepts and documentation and other material on, in or made available through the Site ("Site Material"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site or its contents, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Fresh Goods Gallery's written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Fresh Goods Gallery; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, "spam" messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Fresh Goods Gallery's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
4. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Fresh Goods Gallery may use the services of third parties. All sales on this site will be final, unless there is a claim of damaged goods due to shipping, proof of which must be provided to Fresh Goods Gallery to seek a claim. Purchaser shall also be responsible for applicable sales tax, packing, shipping, and insurance costs.
5. Third Party Web Sites and Content. As set forth in Section 3 and Section 4, parties other than Fresh Goods Gallery may provide products, services or content on the Site. Additionally, the Site contains links to other Websites for the convenience of visitors in locating information, products, or services that may be of interest. Fresh Goods Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties' websites is at your own risk, and subject to the terms and conditions of such other websites. Fresh Goods Gallery does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
6. Privacy Policy. Any personal information that you provide to Fresh Goods Gallery on the Site is subject to our Privacy Policy. For more information, review the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
7. Disclaimer. Fresh Goods Gallery, its subsidiaries, and affiliates, and the Bakehouse Art Complex, Inc., and its officers, directors, agents and employees are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. Fresh Goods Gallery reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Fresh Goods Gallery cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available "as is" and "with all faults." Use of the Site is entirely at your own risk. Fresh Goods Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
8. Liability. Fresh Goods Gallery and its affiliates, subsidiaries or licensors, and the Bakehouse and its employees, agents, officers and directors, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or Fresh Goods Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Fresh Goods Gallery and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Fresh Goods Gallery and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10) or the purchase price of any item purchased on the Site, whichever is higher. If you are dissatisfied with the Site, or with any of these Terms, or feel Fresh Goods Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
9. Indemnification. You shall indemnify Fresh Goods Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors ("Fresh Goods Gallery Indemnities") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Fresh Goods Gallery), or any breach by you of these Terms and shall indemnify and hold Fresh Goods Gallery Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims.
You shall likewise indemnify the Bakehouse and its employees, representatives, directors, officers, employees, contractors and licensors ("Bakehouse Indemnities") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to the Bakehouse), or any breach by you of these Terms and shall indemnify and hold Bakehouse Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims.
10. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Fresh Goods Gallery at freshgoodsgallery@bacfl.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
11. Changes to these Terms. Fresh Goods Gallery reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Fresh Goods Gallery reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Fresh Goods Gallery with untrue or inaccurate information about yourself, for infringement upon Fresh Goods Gallery proprietary rights, or for any other reason whatsoever or for no reason.
12. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Fresh Goods Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Florida; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
13. Submissions to the Gallery. The Fresh Goods Gallery does not accept unsolicited submissions from artists. You agree not to send unsolicited submissions of any kind to the Fresh Goods Gallery. All unsolicited submissions send to the Fresh Goods Gallery in violation of this section will be discarded and will not be returned to you.
14. Miscellaneous. The Site is not intended for children under the age of 18. The Site is controlled and operated from within the United States. Without limiting anything else, Fresh Goods Gallery makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Fresh Goods Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."
15. Return Policy.Please choose your artwork carefully, as we do not accept returns. All sales are final. Sale price does not include applicable sales tax, packing, shipping and insurance, which shall be charged on top of the price of the work of art.
If you notice any damage to the outside of the package, please do not sign for the delivery and contact us immediately. Please try to take a photo to document. To avoid accidentally damaging your work, for example if a work is unframed, leave all unpacking and handling of the artwork to a trusted professional framer or art handler.
If you notice damage upon unpacking your work from Fresh Goods Gallery, contact us at freshgoodsgallery@bacfl.org within 24 hours of receiving the artwork with digital images of the damage including documenting the interior and exterior packaging If we find that the edition was damaged in transit. We will process all claims for damage due to shipping that are properly noticed and documented.
Bakehouse Art Complex and Fresh Goods Gallery, of which it is a part, value our partrons and appreciate hearing from you as to how we can improve and better serve you. You may contact us at freshgoodsgallery@bacfl.org.