TERMS OF SERVICE

 

Overview

Welcome to Gateway to Galleries! The terms "we", "us" and "our" refer to Sparks Gallery. Sparks Gallery operates this website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with artist education and mentorship resources (the "Services"). Gateway to Galleries is powered by Kajabi, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy here. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

If you enroll in the Gateway to Galleries membership program, your enrollment is additionally governed by the Gateway to Galleries Membership Agreement, which covers enrollment, billing, cancellation, and program-specific terms, including terms related to the use of artificial intelligence tools in connection with the program. Where these Terms and the Membership Agreement address the same subject, the Membership Agreement controls for matters relating specifically to the membership program.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our website or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing and payment information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Services

We have made every effort to provide an accurate representation of our programs, content, and services on this website. Program descriptions, curricula, and features are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any program, feature, or content offering at any time.

Our Services are educational and advisory in nature. We make no guarantees regarding specific outcomes, results, sales, or business success, including gallery representation. Your implementation of any advice or training is entirely your responsibility.

Section 3 - Enrollment and Payment

When you enroll in a paid program or membership, you are making an offer to purchase access to our Services. Sparks Gallery reserves the right to accept or decline your enrollment for any reason at its discretion. Your enrollment is not accepted until we confirm acceptance. We must receive and process your payment before enrollment is accepted.

Enrollment in the Gateway to Galleries membership, including billing cycles, minimum commitment periods, and cancellation procedures, is governed by the Membership Agreement.

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time you enroll and will be set out in your confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

You agree to provide current, complete and accurate billing and account information. You agree to promptly update your account information, including your email address and payment details, so that we can process your enrollment and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method provided, and (iii) charges incurred by you will be honored by your payment provider.

Section 4 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, audio, and course materials, and the design, selection, and arrangement thereof, are owned by Sparks Gallery, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sparks Gallery, Kajabi, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Sparks Gallery.

Additional intellectual property terms specific to course materials and program deliverables, including provisions regarding the use of artificial intelligence tools, are set out in the Membership Agreement.

Sparks Gallery's and Gateway to Galleries' names, logos, product and service names, designs, and slogans are trademarks of Sparks Gallery or its affiliates or licensors. You must not use such trademarks without our prior written permission. Kajabi's name, logo, product and service names, designs and slogans are trademarks of Kajabi. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 5 - Optional Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

Section 6 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 7 - Relationship with Kajabi

Gateway to Galleries is powered by Kajabi, which enables us to provide the Services to you. However, any enrollment or purchase you make is made directly with Sparks Gallery. By using the Services, you acknowledge and agree that Kajabi is not responsible for any aspect of any transaction between you and Sparks Gallery, including any injury, damage, or loss resulting from the Services. You hereby expressly release Kajabi and its affiliates from all claims, damages, and liabilities arising from or related to your enrollment or transactions with Sparks Gallery.

Section 8 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Kajabi, Kajabi collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Kajabi as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

Section 9 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

Section 10 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to program descriptions, pricing, promotions, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Section 11 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees, mentors, or any other person, including other members of the community; (e) to transmit false or misleading information; (f) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," or "spam"; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Sparks Gallery, Kajabi, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization; (c) collect or track the personal information of others; or (d) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 12 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, as further described in the Membership Agreement.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 13 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general informational and educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY SPARKS GALLERY, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 14 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SPARKS GALLERY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF KAJABI AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 15 - Indemnification

You agree to indemnify, defend and hold harmless Sparks Gallery, Kajabi, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with the Membership Agreement and any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 19 - Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Diego County, California, and you and Sparks Gallery consent to venue and personal jurisdiction in such courts.

Section 20 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 21 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 - Contact Information

Questions about these Terms of Service should be sent to us at [email protected].

Our contact information is posted below:

Sparks Gallery
[email protected]
530 6th Ave, San Diego, CA 92101
619-696-1416