TERMS OF SERVICE
Welcome to Vascan, an e-commerce platform for buying and selling art in Nigeria. These Terms of Service (the “Terms”) govern your access to and use of the Vascan website, located at www.vascan.com (the “Site”), as well as any services, features, or content offered by Vascan (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.
General Terms
a. Eligibility: By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
b. Account: To access certain features of the Services, you may be required to create an account on the Site. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Vascan of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security.
c. Modification: Vascan reserves the right to modify or update these Terms at any time, with or without notice. You are responsible for reviewing these Terms periodically to ensure your continued agreement with them.
Buying and Selling on Vascan
a. Listing and Selling: Galleries may list art for sale on the Site by creating a listing through their account. Vascan will handle the processing of payments from customers and remit the proceeds, minus commission fees, to the gallery. Gallery agrees that Vascan has the right to use, reproduce, and display any images, descriptions, or other content provided in connection with the listing, in order to promote or advertise the listing or the Services.
b. Purchasing: Customers may purchase art listed for sale on the Site by selecting the artwork and submitting payment information through the Site. Upon receipt of payment, Vascan will notify the gallery to prepare the artwork for shipment to the customer. The gallery agrees to ship the artwork within a reasonable time frame after notification by Vascan.
c. Fees: Vascan will charge commission fees on all sales made through the Site, as agreed upon in a separate agreement between the gallery and Vascan.
d. Disputes: Vascan is not responsible for any disputes that may arise between customers and galleries. Customers and galleries agree to resolve any disputes directly with each other.
User Conduct
a. Prohibited Activities: You agree not to use the Services for any illegal or unauthorized purpose. You also agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).b. Content: You retain all rights in any content that you upload or submit to the Site, and Vascan does not claim ownership over any such content. However, by uploading or submitting content, you grant Vascan a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
c. Prohibited Content: You may not upload, submit, or post any content that is defamatory, abusive, obscene, or otherwise objectionable, or that infringes on any third-party rights.
d. Monitoring: Vascan has the right to monitor the Site for any content that violates these Terms or is otherwise objectionable, and may remove such content at any time, without notice or liability.
Intellectual Property
The content available on or through the Vascan website, including but not limited to text, graphics, logos, images, and software, is owned by Vascan or its licensors and is protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, modify, distribute, or otherwise use any part of the content except as authorized by Vascan in writing. Users may not use any trademarks, logos, or service marks displayed on the Vascan website without Vascan’s prior written consent.User Content
Users may post or upload content to the Vascan website, including but not limited to art, images, and comments. By posting or uploading content, users grant Vascan a non-exclusive, royalty-free, worldwide, transferable license to use, display, reproduce, and distribute the content in connection with the Vascan website and its business, including but not limited to promoting and redistributing part or all of the Vascan website (and derivative works thereof) in any media formats and through any media channels.Users represent and warrant that they have all necessary rights to post or upload the content to the Vascan website and that the content does not infringe any intellectual property rights or violate any applicable laws or regulations. Vascan reserves the right to remove any content that it deems inappropriate or in violation of these terms of service.
Prohibited Conduct
Users may not use the Vascan website for any unlawful purpose or in any way that violates these terms of service.Users may not use the Vascan website to: Post or upload any content that is infringing, defamatory, obscene, or otherwise offensive; Impersonate or falsely represent an affiliation with any person or entity;
Transmit any viruses, worms, or other harmful code;
Interfere with or disrupt the Vascan website or its servers or networks;
Attempt to gain unauthorized access to the Vascan website or its systems or networks;
Engage in any activity that could damage, disable, or impair the Vascan website or its services or
Violate any applicable laws or regulations.
Termination
Vascan may terminate or suspend users’ access to the Vascan website at any time and for any reason, without notice or liability. Users may also terminate their use of the Vascan website at any time by discontinuing their access to the Vascan website. Upon termination of users’ access to the Vascan website, all provisions of these terms of service that by their nature should survive termination shall survive, including but not limited to Sections 4, 5, 8, and 9.Disclaimer of Warranties
The Vascan website and its services 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. Vascan does not warrant that the Vascan website will be uninterrupted or error-free or that any defects will be corrected. Vascan does not warrant or make any representations regarding the use or the results of the use of the Vascan website or its services in terms of their correctness, accuracy, reliability, or otherwise.intellectual property
- Vascan and its licensors retain all rights, titles, and interests in and to the Vascan platform, including all associated intellectual property rights.- The user agrees not to reproduce, modify, distribute, display, or create derivative works of any content on the Vascan platform without prior written permission from Vascan.
- The user grants Vascan a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, and distribute their uploaded content for the purposes of operating and promoting the Vascan platform.
- The user acknowledges that any feedback, suggestions, or ideas provided to Vascan may be used by Vascan without any obligation of confidentiality or compensation.
Limitation of Liability
Vascan, its affiliates, partners, directors, officers, employees, agents, suppliers, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages resulting from your use of the Website or any other aspect related to your use of the Website.Indemnification
You agree to indemnify and hold Vascan, its affiliates, partners, directors, officers, employees, agents, suppliers, and licensors harmless from any claims, demands, actions, losses, or damages, including reasonable attorneys’ fees, arising out of or related to your use of the Website or any violation of these Terms of Service, or infringement of any third-party rights.Vascan reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which case the user agrees to cooperate fully with Vascan in asserting any available defences.