The Kylo Chua Gallery
Welcome to www.sculptor.asia / www.kylochua.com, either domain may be among the names used in reference of this web platform for the remainder of the document. The following rules (“Terms and Conditions of Use”) govern (1) the usage of the website (2) the sale of any item offered on the website, and (3) the website content that could appear or be offered on each of the individual or grouped webpages. Please read the following Terms and Conditions carefully.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Modification of Terms and Conditions
Nature of Our Website and Online Gallery
This website http://www.sculptor.asia is not on its own, a business entity, rather it is a website of the artist Kylo Chua whose residency is legalized under the Artasia Gallery. The Artasia Gallery is located on the worldwide web at www.artasiaphilippines.com and whose store is located at SM Megamall, 4th Floor Bldg. A, Metro Manila, Philippines. All artwork or products on this website are property of Kylo Chua, and sold under the name of the Artasia Gallery or Kylo Chua (as a resident artist of the Artasia Gallery), soley through our online retailer CCNOW located at www.ccnow.com. This refers to transactions made by this website alone via the internet/worldwide web, and not in reference to person-to-person or hand-to-hand transactions normally made on-location by the Artasia Gallery at its gallery location in the Philippines or other specified and concretized locations. Both the Artasia Gallery and Kylo Chua acquire payments from the account specified by Kylo Chua to his account at CCNOW (www.ccnow.com). The Artasia Gallery grants Kylo Chua the right to specify the destination account that CCNOW will send payment to in the event of a payment transfer.
Permitted Use and Restrictions of The Website
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items (artwork) sold on the Website and reviewing Website content and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless Our gallery makes available the means for such distribution through functionality offered by the Website API enabling you to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Service. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Website any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or company; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Philippine or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or any software intended to damage or alter a computer system or data. (d) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (e) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (f) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means; (h) harass or interfere with another user’s use and enjoyment of the Website; or (i) engage in any illegal activities.
Reviews and Comments Made on The Gallery
Except as otherwise provided elsewhere in this Agreement or on the Website, anything that you submit or post to the Website and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Website and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Ordering Products and Artworks
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website.
Prices; Colors; Availability
All prices listed on the Websites are subject to change. In the event an artwork is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our contacts, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of artworks and products may depend on your monitor and may not be correctly displayed.
The availability of artworks and other items on the Website may change at any time, without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service you order on the Website, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and the gallery/artist have agreed to an alternate billing arrangement in writing signed by the gallery representatives/the artist, our online gallery will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on the Artasia Gallery’s net income), on orders shipped to any other location outside the Philippines.
Shipping and Delivery
The Artasia Gallery, in conjunction with our service providers, will attempt to deliver a product within the request range of days provided at the time the order was placed. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
The Artasia Gallery and Involved Parties (such as the artist) are not responsible for:
• Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, an immediate credit will be issued to your credit card.
User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.
This Website may be accessed from countries other than the Philippines. This Website may contain products or references to products that are not available outside of the Philippines. Any such references do not imply that such products will be made available outside the Philippines. If you access and use this Website outside the Philippines you are responsible for complying with your local laws and regulations.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Website, trademarks and all other intellectual property and material rights relating to the Content as herein described, including all HTML and other code contained in this Website, shall remain at all times vested in The Artasia Gallery and/or are the property of their respective owners (ie. developers. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Website are protected by federal and state laws, common laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by The Artasia Gallery and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
Exclusivity, Condition and Specifics
You acknowledge and consent to the following knowledge as a client, collector or visitor of the online gallery: Artworks may be labeled as unique pieces (1/1) otherwise also known as one-off pieces. They may also belong to a limited edition series (set number produced of that kind), which can be of a variable quantity designation per design. Some items on the platform may be labeled as 'numbered edition', which simply means that every edition created for that specific design is certified with a number, which is usually located in the certificate or accompanying document. Numbered editions may or may not be limited editions, depending on the design. Each work's exclusivity in terms of editions produced, will be stated on its individual item page, along with its approximate measurements and main body material. Exclusivity refers strictly to the specific design in reference to the combinative elements of material, size, and contoured physic. Artworks, jewelry or other items with similar or the same physical appearance, but produced in a different material or size by the artist, are allowed (as the artist retains the original design rights) and will be stated as different editions from the prior's. Only the artist holds and maintains the original design rights to any artwork sold or unsold, and retains the right to the specific design itself, while the clientele acquires property or ownership rights to the specific / tangible object of purchase after a transaction is completed.
Disclaimer of Warranties
WITH RESPECT TO ANY OF OUR PRODUCTS, SERVICES OR WEBSITE CONTENT, OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.
THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY FOR PERISHABLE PRODUCTS AND ONE HUNDRED EIGHTY (180) DAYS AFTER DELIVERY FOR NON-PERISHABLE ITEMS, OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR WEBSITE (INCLUDING OUR WEBSITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITS (INCLUDING OUR WEBSITE CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR WEBSITE (OR WEBSITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR WEBSITE (OR WEBSITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR WEBSITES (INCLUDING OUR PRODUCTS, SERVICES, AND WEBSITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL THE ARTASIA GALLERY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ARTASIA GALLERY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR WEBSITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB WEBSITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR WEBSITE OR ANY OTHER HYPER-LINKED THIRD PARTY WEB WEBSITE (EVEN IF THE ARTASIA GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR WEBSITE CONTENT), OR THIRD-PARTY MATERIALS OR WEBSITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO THE ARTASIA GALLERY FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO THE ARTASIA GALLERY IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE ARTASIA GALLERY AND YOU. THE ARTASIA GALLERY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE (INCLUDING THE PRODUCTS, SERVICES, AND WEBSITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF THE ARTASIA GALLERY’S SUPPLIERS.
You agree to indemnify and hold The Artasia Gallery (and its officers, artists, directors, agents, affiliates, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Term of Service, or your violation of any law or the rights of a third party.
Applicable Law: The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the Republic of the Philippines and as those laws apply to agreements entered into and to be performed entirely within The Philippines, without regard to conflict of law provisions.
Forum and Jurisdiction: You agree that any claim or dispute you have or may bring against The Artasia Gallery must be resolved by an appropriate juridicial court located in the Republic of the Philippines. You agree to submit to the personal jurisdiction of the courts located in the Republic of the Philippines for the purpose of litigating any claim or dispute you have with or bring against The Artasia Gallery. Notwithstanding the foregoing, to the extent The Artasia Gallery believes that you have in any manner violated (or you threaten to violate) The Artasia Gallery‘s intellectual property rights, you agree that The Artasia Gallery is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Other General Provisions
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.