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BUYERS TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) govern your access and use of MiATELIER (a subsidiary of MOST iNFLUENTIAL ART, LLC) art marketplace (“Marketplace”) as a buyer member (“Buyer”). By registering as a Buyer on the Marketplace, you agree to comply with and be bound by this Agreement, including any updates or modifications we make from time to time. If you do not agree to these terms and conditions, you may not use or access the Marketplace as a Buyer.

Account Registration
To become a Buyer on the Marketplace, you must register an account on the Marketplace, provide accurate and complete information, and agree to comply with all the terms and conditions of this Agreement. You must be at least 18 years of age to register an account on the Marketplace.

Membership Fees
There are no membership fees to become a Buyer on the Marketplace.

Purchasing Artwork
As a Buyer on the Marketplace, you may browse and purchase artwork listed by artists and galleries on the Marketplace. All purchases are subject to the terms and conditions of the individual seller, as well as the Marketplace's Buyer Protection Policy. You agree to pay for any artwork that you purchase in full and in a timely manner.

Buyer Protection Policy
The Marketplace offers a Buyer Protection Policy that protects your purchase from the time of payment to delivery of the artwork. If the artwork is not delivered, is significantly different from its description, or is damaged during shipping, you may be eligible for a refund or a replacement, subject to the terms and conditions of the Buyer Protection Policy.

Intellectual Property Rights
All intellectual property rights, including copyrights, trademarks, and other proprietary rights, related to the Marketplace and the artwork listed on the Marketplace, belong to their respective owners. You may not reproduce, modify, distribute, or otherwise use any content from the Marketplace without the express written permission of the owner.

Prohibited Conduct
As a Buyer on the Marketplace, you may not:

Use the Marketplace for any illegal or unauthorized purpose;
Interfere with the operation of the Marketplace or other users’ enjoyment of the Marketplace;
Post false or misleading information on the Marketplace;
Harass, threaten, or intimidate other users of the Marketplace;
Use automated means to access the Marketplace, collect data, or scrape content;
Engage in any activity that violates this Agreement or any applicable laws.

Indemnification
You agree to indemnify, defend, and hold harmless the Marketplace, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Marketplace, any content you post on the Marketplace, or your violation of this Agreement or any applicable laws.

Disclaimer of Warranties
THE MARKETPLACE IS PROVIDED “AS IS” AND 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. WE MAKE NO WARRANTY THAT THE MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitation of Liability
IN NO EVENT SHALL THE MARKETPLACE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE MARKETPLACE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS EXCEED THE AMOUNT PAID BY YOU TO THE MARKETPLACE FOR THE PURCHASE OF ARTWORK THAT GAVE RISE TO THE CLAIM.

Termination
We may terminate your account or your access to the Marketplace at any time, without notice or liability, for any reason, including if you breach this Agreement or if we believe that your conduct may harm the Marketplace or other users.

Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to this Agreement or your use of the Marketplace shall be resolved exclusively in the state or federal courts located in New York City, and you hereby consent to the jurisdiction of such courts.

Changes to this Agreement
We reserve the right to update or modify this Agreement at any time, without prior notice to you. Your continued use of the Marketplace after any such changes constitutes your acceptance of the new terms and conditions.

Entire Agreement
This Agreement, together with any other agreements or policies referred to herein, constitutes the entire agreement between you and the Marketplace regarding your use of the Marketplace as a Buyer, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Marketplace.

Waiver and Severability
The failure of the Marketplace to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Contact Information
If you have any questions about this Agreement or the Marketplace, please contact us miatelier@mostinfluentialart.com.

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