Anyone visiting the SMAG Virtual Art Exhibition shall be deemed to have consented and agreed to the Terms of Access, by the very fact of accessing the Virtual Art Exhibition. The Exhibition is presented by SMAG Art Limited (“SMAG Art” or “SMAG”), a limited liability company and not for profit entity; accordingly the Directors of SMAG Art intend that all and any net proceeds received by SMAG Art shall be donated to charities, including the PCC of St Michael and All Angels, Blackheath Park where art exhibitions are usually based.

​

Please note that SMAG Art is acting at all times as the agent of the artist who originates such art work and, whilst SMAG Art will use reasonable endeavours to facilitate any transaction for sale of art work, it is doing so as agent of the artist and any buyer ultimately would be purchasing from the artist not SMAG Art. Any issues arising from any transaction relating to the artwork will be for resolution between the artist and the buyer.

Similarly, each artist remains responsible for the contents of the artwork and SMAG Art accepts no responsibility or liability for the accuracy, veracity, or content of the artwork.

​

Finally, SMAG Art intends to permit only those artists approved by it in participating in the Virtual Art exhibition and reserves the right to refuse access to the Site to any specific artist or user or potential customer, at its discretion.

 

Terms and Conditions

1. This website is owned and operated by SMAG Art Limited, a limited liability company registered in England and Wales under no.11905371, a not for profit company whose registered office is at 26 Langton Way, London SE37TJ. (“SMAG” or “we” or “us or “our”)

2. By accessing this website (“Site”) buyers, users, sellers or others, as the context requires (“you” or “your”) each agreed to be bound by these Terms and Conditions (“Conditions”)

3. Each time you access this Site, you acknowledge that it is your responsibility to read the latest version of these Conditions. SMAG may change or amend these Conditions at any time without notice.

4. SMAG seeks to ensure that all information on this Site is accurate and contains the most recent information but no representation or warranty is given to that effect. SMAG acts as the agent of each artist and is dependent on information provided to it. No liability shall attach to SMAG for any information produced in its role as agent of the artist.

5. SMAG seeks to make this Site available for use but you acknowledge and agree that access may on occasion be restricted or unavailable due to maintenance, technical or other reasons determined by SMAG.

6. SMAG does not warrant that this Site or the server are free of viruses or other harmful components and SMAG shall not be responsible for any such problem.

7. In the event that SMAG provides through this Site links to other websites or resources, you agree that SMAG shall not be held responsible for or liable in respect of any aspect of such other website or resources, including transmission of viruses.

8. If the advertising, offering for sale, exhibiting of works or selling of artworks or services on this Site is illegal or criminal or requiring licences or otherwise not permitted in any jurisdiction in which it is accessed or viewed then access to and/or viewing of such material is not authorised by us and you accept that its continued use in such jurisdiction is so not permitted.

9. You agree that any material provided on this Site is not to be relied upon by you, or taken as a recommendation and, to the fullest extent permitted by law, SMAG, its Board and directors disclaim all liability and responsibility arising from any reliance placed on such material by you, or any third party who may be made aware of the material.

10. This Site must not be used in any malicious way nor will you introduce, post or transfer any material which is malicious or intended to harm this Site and no one must gain unauthorised access, breach of which constitutes a criminal offence under the Computer Misuses Act 1990.

11. SMAG excludes all liability to the maximum extent permitted by law in respect of your Use of the Site except that nothing in these Conditions shall restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory right.

12. You acknowledge and agree that all copyright, trademarks and other intellectual property rights in materials and/or content made available as part of your use of this Site shall remain vested in SMAG at all times or in the case of the artworks in the relevant originating artist. Artists shall continue to hold all copyright and intellectual property rights in the artwork and all images relating to the artwork on this Site, unless and until the original artwork is bought, and no photos or copies of the images shall be made without the consent of SMAG acting as agent of the relevant artist. You may download such intellectual property to your device or computer purely for the purpose of viewing the artworks but you shall not share any such material with third parties without the consent of SMAG acting as agent of the relevant artist.

13. You accept that all and any text, images, (other than artwork which remains the property of the originating artist) symbols, logos, files or other materials on this Site remains the property of SMAG or is duly licensed to it.

14. No part of the Site or any materials thereon may be reproduced or stored in any other system other than this Site and you further acknowledge and agree that any other use of any of the contents of this Site is strictly prohibited and you agree not to, or assist any other person to, copy, reproduce, transmit, publish or exploit or create derivative works of it or any part of it.

15. Any failure  by SMAG or any delay in enforcing any rights under these Conditions shall not be deemed to be a waiver or operate so to hinder or prevent the exercise or enforcement of such rights and no one not a party to the Conditions shall have any rights under the Contracts (Rights of Third Parties)Act 1999 or otherwise.

16. These Conditions are subject to the laws of England, with English Courts having exclusive jurisdiction.