Terms of Service

Effective Date: January 1, 2025.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

By accessing or using any website, content, products, subscriptions, or services offered by daeuArt Gallery LLC (“daeuArt Gallery,” “we,” “our,” or “us”), including daeuart.com, daeuart.tv, and any related platforms (collectively, the “Site”), you agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Site.

These Terms also apply to our patron / subscription program (the “Patron Program”).

1. WHO WE ARE

The Site is operated by:

daeuArt Gallery LLC
2125 Biscayne Blvd, Ste 204, #11086
Miami, FL 33137, USA

References to “you” or “your” mean any visitor, purchaser, patron, subscriber, or other user of the Site.

2. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we do, we will revise the “Effective Date” above. The updated Terms will be effective when posted on the Site. Your continued use of the Site or participation in the Patron Program after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Site and cancel your participation in the Patron Program before the next billing cycle.

3. DESCRIPTION OF THE SITE & SERVICES

The Site provides, among other things:

  • Information about daeuArt Gallery, its artists, exhibitions, and projects;
  • Articles, interviews, podcasts, videos, and other editorial or artistic content;
  • Access to original artworks, fine-art prints, digital products, and merchandise offered for sale;
  • The ability to contact us, join our mailing list, and receive updates;
  • Access to a Patron Program, under which individuals may pay a recurring fee in exchange for certain benefits (such as discounts, early access, exclusive content, or invitations), as described at the time of enrollment.

We may add, modify, or remove features, products, and services at any time, in our sole discretion.

4. ELIGIBILITY

By using the Site or enrolling in the Patron Program, you represent and warrant that:

  • You are at least 18 years old (or the age of majority in your jurisdiction);
  • You have the legal capacity to enter into a binding contract; and
  • You are not barred from using the Site under applicable law.
  • If you use the Site or the Patron Program on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

5. ACCOUNTS (IF/WHEN ENABLED)

We may, now or in the future, offer optional user accounts for orders, downloads, or other features. If you choose to create an account, you must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. You agree to notify us promptly at hello@daeuart.com of any unauthorized use of your credentials or other security concerns. Patron Program participation does not require you to create an account on the Site. Patron status is associated with your payment information and contact details stored with us and/or our payment processor.

6. USER CONDUCT

You agree not to use the Site (or any related communication channels) to:

  • Post, upload, or transmit any content that is unlawful, defamatory, infringing, obscene, harassing, hateful, or otherwise objectionable;
  • Engage in any activity that infringes or misappropriates any intellectual property, privacy, or other rights;
  • Interfere with or disrupt the operation of the Site, servers, or networks;
  • Use automated tools (e.g., bots, scrapers, crawlers) to access the Site without our express written consent;
  • Send spam, unsolicited promotional materials, or other forms of solicitation;
  • Collect or harvest personal data about other users; or
  • Circumvent, disable, or otherwise interfere with security-related features of the Site.

We may, in our sole discretion, remove content, suspend access, or take other appropriate actions in response to any violation or suspected violation of these Terms.

7. PURCHASES, PATRON PROGRAM & PAYMENTS

7.1 One-Time Purchases

From time to time, we may offer original artworks, prints, digital products, books, merchandise, or other items through the Site.

By placing an order, you agree that:

  • All information you provide (billing, shipping, contact) is accurate;
  • We may accept or reject any order in our sole discretion;
  • Pricing, product descriptions, and availability are subject to change without notice;
  • Errors may occur, and we reserve the right to correct any such errors (including canceling or adjusting orders if necessary).

Unless otherwise indicated, all sales of digital products are final and non-refundable, except as required by applicable law. Any separate return, refund, or shipping policies posted on the Site are incorporated into these Terms by reference.

7.2 Patron Program (Subscriptions)

We may offer a Patron Program under which you can pay a recurring fee (monthly or as otherwise described at enrollment) in exchange for specified benefits (the “Patron Benefits”).

a. Enrollment

To enroll as a patron, you must:

  • Provide valid payment information (via our payment processor or other method specified on the Site);
  • Agree to recurring billing as described at sign-up;
  • Provide accurate contact information (such as email) so we can deliver Patron Benefits.
  • Patron enrollment may be managed via a third-party payment provider, and you may be subject to the terms and privacy policies of that provider as well.

b. Billing & Auto-Renewal

By enrolling in the Patron Program, you authorize us (and/or our payment processor) to charge your payment method automatically on a recurring basis (e.g., monthly) for the subscription amount displayed at the time of enrollment, until you cancel. Charges will occur in advance of the applicable subscription period. If your payment method fails or is declined, we may suspend or terminate your Patron Benefits until payment is successfully processed.

c. Changes to Fees and Benefits

We reserve the right to:

  • Change the amount of subscription fees;
  • Add, modify, or remove specific Patron Benefits;
  • Change the structure or tiers of the Patron Program; or
  • Discontinue the Patron Program entirely.

If we make a material change to subscription pricing or to the Patron Program, we will provide notice (e.g., via email or the Site) before it takes effect. If you do not agree to the changes, you must cancel your subscription before the next billing cycle.

d. Cancellation

You may cancel your patron subscription at any time by following the cancellation instructions provided at sign-up or by contacting us at hello@daeuart.com

(or via the third-party platform, if applicable).

  • Cancellation will become effective at the end of your current billing period.
  • You will not be charged for subsequent periods after cancellation takes effect.
  • Unless otherwise required by law or expressly stated by us, subscription fees already paid are non-refundable, and we do not provide partial-period refunds.

e. No Transfer

Your patron status and Patron Benefits are personal to you and may not be transferred, assigned, or resold.

8. INTELLECTUAL PROPERTY

8.1 Our Content

All content on the Site, including artworks, images, graphics, logos, trademarks, service marks, text, audio, video, designs, and layout (collectively, “Content”), is owned by or licensed to daeuArt Gallery LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Except as expressly allowed by these Terms or by written permission, you may not:

  • Copy, reproduce, modify, adapt, translate, or create derivative works based on the Content;
  • Distribute, transmit, publicly display, or publicly perform the Content;
  • Use any artwork, imagery, or editorial content for commercial purposes; or
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
  • Any rights not expressly granted are reserved.

8.2 Your Submissions and Feedback

If you submit comments, testimonials, messages, ideas, suggestions, or other materials to us (collectively, “Submissions”):

  • You represent that you have the right to do so and that your Submissions do not infringe any third-party rights;
  • You grant daeuArt Gallery a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, adapt, publish, translate, distribute, display, and otherwise exploit those Submissions in connection with our business and the Site, in any media now known or later developed;
  • You understand that we have no obligation to use, credit, or compensate you for any Submission.

9. COPYRIGHT INFRINGEMENT (DMCA POLICY)

We respect the intellectual property rights of others and expect our users to do the same.

If you believe that material available on or through the Site infringes your copyright, you may send a copyright infringement notice compliant with the Digital Millennium Copyright Act (DMCA) to:

Email: hello@daeuart.com

Mail:

DMCA Agent

daeuArt Gallery LLC
2125 Biscayne Blvd, Ste 204, #11086
Miami, FL 33137, USA

Your notice must include all information required under 17 U.S.C. § 512(c)(3), including:

  • A physical or electronic signature of the copyright owner or authorized agent;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it;
  • Your contact information;
  • A statement that you have a good-faith belief that the disputed use is not authorized; and
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

 

10. THIRD-PARTY LINKS & SERVICES

The Site may contain links to third-party websites, platforms, or services (e.g., payment processors, social media, patron platforms). We are not responsible for:

  • The content, policies, or practices of third-party sites; or
  • Any loss or damage arising from your use of such third parties.
  • Your use of third-party sites is subject to their own terms and policies.

 

11. PRIVACY

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site or the Patron Program, you consent to our privacy practices.

 

12. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law:

  • The Site, Content, products, and Patron Program are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, expressed or implied.
  • We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected.
  • Any artistic, editorial, or informational content is provided for general informational and/or artistic purposes only and should not be relied upon as professional advice.
  • You use the Site and our services at your own risk.

 

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall daeuArt Gallery LLC, its owners, officers, directors, employees, agents, artists, contractors, or affiliates be liable for any:

  • Indirect, incidental, special, consequential, punitive, or exemplary damages;
  • Loss of profits, revenue, goodwill, data, or other intangible losses;
  • arising out of or in connection with:
  • Your access to or use of (or inability to use) the Site;
  • Any products purchased through the Site;
  • Your participation in the Patron Program or receipt (or non-receipt) of Patron Benefits;
  • Any content or conduct of any third party.

In all cases, our total liability to you for any claim arising out of or relating to these Terms, the Site, or the Patron Program shall not exceed the total amount paid by you to daeuArt Gallery in the twelve (12) months immediately preceding the claim. Some jurisdictions do not allow limitations of liability, so some of the above limitations may not apply to you.

 

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless daeuArt Gallery LLC and its officers, directors, employees, agents, artists, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Site or the Patron Program;
  • Your violation of these Terms; or
  • Your infringement or violation of any third-party rights.

 

15. GOVERNING LAW & VENUE

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of such courts.

 

16. SEVERABILITY & WAIVER

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it later.

 

17. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

 

18. ENTIRE AGREEMENT

These Terms, together with any other legal notices or policies posted on the Site (including our Privacy Policy and any specific terms presented at the point of sale), constitute the entire agreement between you and daeuArt Gallery LLC concerning the Site, products, and the Patron Program, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

 

19. CONTACT

If you have any questions about these Terms or our services, please contact:

Email: hello@daeuart.com

Mailing Address:

daeuArt Gallery LLC
2125 Biscayne Blvd, Ste 204, #11086
Miami, FL 33137, USA