The Flutist

by Nayananda Wijayakulatilaka

Year: 2015

SKU: 253 Category: Painting

Rs0.00

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Terms and Conditions of Usage

Access to and the use of the www.srilankanartgallery.com website (“Site”) is subject to the following terms and conditions.

By using this Site, you (“you” or the “Member”) agree to these terms and conditions. However, if you do not agree with all or any of these terms and conditions, you are advised to exit this Site immediately.

As a visitor, you are responsible for reviewing the information posted online to obtain timely notice of any such changes. By using this Site after any such changes, you agree to comply with and be bound by the terms and conditions as changed.

1. Description of Service

Sri Lankan Art Gallery and Kala Pola 2022 are providing the Member with access to buy and sell artwork for Sri Lankan artists. John Keells Foundation (JKF) is offering this Site as a corporate social responsibility initiative. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.

2. Disclaimer

Although we attempt to keep all information in the server accurate and up to date, the accuracy and timeliness of the information provided cannot be guaranteed.

We hope that you will find the information helpful and easy to use, but we provide all content for informational purposes only and make no representations or warranties of any kind regarding the same. John Keells Foundation, its management and owning company disclaim all liability of any kind whatsoever arising out of the use of, or inability to use, its WWW servers and the information contained on them.

Use of this Site for any purpose other than that for which it was designed is unauthorized and prohibited.

3. Limitation of Liability

Sri Lankan art gallery and Kala Pola 2022 shall not be liable for any damages whatsoever, and in particular Sri Lankan Art Gallery and Kala Pola 2022 shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Sri Lankan Art Gallery and Kala Pola 2022 have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may be inapplicable.

4. Indemnification

The Member agrees to indemnify and hold Sri Lankan Art Gallery and Kala Pola 2022, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of the Member’s use of the Site, the violation of this Agreement, or violation of any law by the Member.

5. Disclaimer Regarding Accuracy of Artist’s Information

Specifications and other information regarding artwork for sale on the Site have been provided by individual sellers and are not verified by Sri Lankan Art Gallery and Kala Pola 2022. While Sri Lankan Art Gallery and Kala Pola 2022 make every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

Sri Lankan Art Gallery and Kala Pola 2022 make no warranties or representations whatsoever with regard to any product provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.

6. Information for Buyers

Purchase of items from this Site are governed by the terms set forth in the “Buyers Terms and Conditions” on this site.

Unless otherwise stated, all prices on the Site are in Sri Lankan Rupees. The currency converter placed on the site will generate an approximate value of the artwork in the specified currency.

JKF will not be responsible for any transactions between the Buyer and the Artist.

7. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state law, international law, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

8. Copyright and Trademark Information

By submitting to Sri Lankan Art Gallery and John Keells Art Gallery any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all copyright rights, in and to the Images. You grant to Sri Lankan Art Gallery and Kala Pola 2022 the worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that Sri Lankan Art Gallery and Kala Pola 2022’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Sri Lankan Art Gallery and Kala Pola 2022 harmless from any claims or demands, including attorneys’ fees and costs incurred by Sri Lankan Art Gallery and Kala Pola 2022 with respect thereto.

All images on the Site are either owned or licensed by the Sri Lankan Art Gallery and Kala Pola 2022 and may not be reproduced or used in any manner without the express written permission of Sri Lankan Art Gallery and Kala Pola 2022 and, if appropriate, the relevant artist. Copyright © 2012 Sri Lankan Art Gallery, LLC. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to Sri Lankan and International copyright laws.

9. Botnets

Sri Lankan Art Gallery and Kala Pola 2022 retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Sri Lankan Art Gallery and Kala Pola 2022 reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Sri Lankan Art Gallery and Kala Pola 2022’s discretion.

10. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Sri Lankan Art Gallery in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Sri Lankan Art Gallery and Kala Pola 2022 Privacy Statement.

11. Privacy Policy

For each visitor to our Web page, our Web server automatically recognizes the consumer’s domain name and e-mail address (where possible).

Where possible we collect information including, but not limited to, the domain name and e-mail address of visitors to our Web page. We will collect the e-mail addresses of those who post messages to our ‘comments’ page and who communicate with us via e-mail. We will also collect aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used for internal review, used to improve the content of our Web page and customize the content and/or layout of our page for each individual consumer. The information will not be shared with other organizations for commercial purposes.

If you sign up for monthly updates from the Site on-line, you may receive periodic mailings from us with information on new art work updates / upcoming events. If you are interested in these services, please provide us with your details. If you do not wish to receive such mailings, please let us know by sending your request to the e-mail address stated herein.

12. Governing Law

The Site is operated and provided in Sri Lanka. As such, we are subject to the laws of Sri Lanka, and such laws will govern this Agreement. We make no representation that the Site or other services are appropriate, legal or available for use in other jurisdictions/locations. Accordingly, if you choose to access the Site you agree to do so subject to the laws of Sri Lanka.

13. Sustainability

13.1 The Parties shall in carrying out their obligations herein:

(a) observe internationally accepted treaties relating to the protection of human rights; and

(b) observe conditions of labour not less favorable than those conditions established for the law, trade or industry; and

(d) not engage in any activity which amounts to discrimination on the basis of race, ethnicity, colour, national origin, sex, disability, veteran status, or age.

(e) not to offer, receive, agree to pay or cause the payment by another person of any money or anything of value for the purpose of influencing, improperly or unlawfully any act , decision or judgment of any person relating to the performance of the Business.

We reserve the right to change these terms and conditions without any notice at any time.

Artists Terms & Conditions

1. Our agreement with you

1.1 In this Agreement, we are John Keells Foundation (“JKF”) of 117 Sir Chittampalam A Gardiner Mawatha, Colombo 02, Sri Lanka and you are the artist (“Artist”) detailed on the ‘Artist Registration Form’.

1.2 This Agreement is made when you register on the website www.srilankanartgallery.com and www.srilankanartgallery.com/KalaPola2022 (the “Site”).

2. Artist’s obligations

2.1 You must verify that the all information updated on the Artist Registration Form is correct and up-to-date.

2.2 Your work of art must be original and no reproductions shall be displayed. JKF reserves the right to delete the image of any artwork that is in contravention of this requirement or any other terms hereunder.

2.3 You undertake to keep your profile and artwork updated at all times. Art that has been sold must be removed from the Site immediately by you.

2.4 If a buyer is interested in purchasing your art, he or she will contact you directly. JKF will not be responsible for any transactions entered into between you and the buyer.

2.5 If you wish to exhibit at Kala Pola 2022, you must pay a registration fee of 1,000/- (non-refundable) to The George Keyt Foundation before the deadline.

3. Restriction and prohibition of artwork

3.1 (a) You may not use the Site, including but not limited, to: (i) display material containing pornographic material of any kind; (ii) provide material that is grossly offensive to any party, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content; (iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) display material that exploits, or otherwise exploit, children; (v) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party; (vi) promote, solicit, or participate in pyramid schemes; (vii) post any content that holds the Site up to public scorn or ridicule; (viii) engage in any libelous, defamatory, scandalous, threatening, or harassing activity; (ix) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents’ consent, in case of a minor); (x) promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals; and/or (xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.

4. Deactivation of artist account

4.1JKF reserves the right to monitor the artwork uploaded by you and has the right to deactivate your account in the event you have violated any terms, or compromised the values or brand image of the John Keells Group.

5.Indemnification

5.1 You agree to indemnify JKF and hold JKF harmless against any and all liabilities, cost, and expenses, including reasonable attorney’s fees related to or arising from: (i) your use of the Site in a way that is prohibited or restricted under this Agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or display on the Site; (iii) any breach by you of this Agreement; and/or (iv) any indecent, obscene, or libelous material posted on the Site.

6. Limitation of liability

6.1 There will be no watermark placed on the Artist’s work since that will interfere with the buyer’s viewing experience. JKF will not take any responsibility for any reproductions by a third party of any of the Artist’s work displayed in the website.

6.2 JKF’s liability is limited to hosting this website for Sri Lankan Artists to display their work. Notwithstanding anything stated herein, JKF is not responsible either for any artwork uploaded by the Artist or for any interaction between the buyer and the Artist.

7. Sustainability

7.1 In carrying out their obligations herein, the parties shall:

(a) observe internationally accepted treaties relating to the protection of human rights; and

(b) observe conditions of labour not less favorable than those conditions established for the law, trade or industry; and

(d) not engage in any activity which amounts to discrimination on the basis of race, ethnicity, colour, national origin, sex, disability, veteran status, or age.

(e) not offer, receive, agree to pay or cause the payment by another person of any money or anything of value for the purpose of influencing, improperly or unlawfully any act, decision or judgment of any person relating to the performance of the Business.

We reserve the right to change these terms and conditions at any time and without notice.

Artwork Upload Terms & Conditions

1. Artist’s obligations

The Artists’ artwork must be original (its own creative work) and no reproductions shall be displayed. JKF reserves the right to delete any artwork that it believes to be in contravention of this requirement.

2. Restriction and prohibition of artwork

2.1 (a) You may not use the Site, including but not limited, to: (i) display material containing pornographic material of any kind; (ii) provide material that is grossly offensive to any party, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content; (iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) display material that exploits, or otherwise exploit, children; (v) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party; (vi) promote, solicit, or participate in pyramid schemes; (vii) post any content that holds the Site up to public scorn or ridicule; (viii) engage in any libelous, defamatory, scandalous, threatening, or harassing activity; (ix) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents’ consent, in case of a minor); (x) promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals; and/or (xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.

Kala Pola is an art fair of paintings and sculpture. Therefore, visual creative art – such as paintings, collages, drawings, sculpture and carvings in any media – are eligible for exhibition and sale. All other types of art which are mass produced including (but not limited to) batiks, handicrafts and greeting cards, tattoo and body art are strictly prohibited.

3. Deactivation of artist account

JKF reserves the right to monitor the artwork uploaded by the Artist and has the right to deactivate the account in the event the Artist has violated any terms or compromised the values or brand image of the John Keells Group.

4. Limitation of liability

4.1 There will be no watermark placed on the Artist’s work since that will interfere with the buyer’s viewing experience. JKF shall not take any responsibility for any reproductions by a third party of any of the Artist’s work displayed in the website.

4.2 JKF’s liability is limited to hosting this website for Sri Lankan Artists to display their work. Notwithstanding anything stated herein, JKF is not responsible either for any artwork uploaded by the Artist or for any interaction/commercial transaction between the buyer and the Artist.

Buyer Terms & Conditions

1.Agreement

1.1 This Agreement is between John Keells Foundation (“JKF”) of 117 a Sir Chittampalam A Gardiner Mawatha, Colombo 02, Sri Lanka , the host of the Site and the buyer (“Buyer/You”) detailed on the ‘Join us’ page.

1.2 This Agreement is entered into whenyou the Buyer registers on the website www.srilankanartgallery.com and www.srilankanartgallery.com/kalapola2022 (the “Site”).

1.3 This Site is an electronic platform used to display artwork of Sri Lankan artists, and is owned and managed by JKF as a corporate social responsibility initiative.

1.4 JKF provides no warranty or guarantee whatsoever for the artwork displayed on the Site.

2. Buyers conditions

2.1 The Site allows does not allow you to post ‘comments’ regarding artwork.

2.2 The Buyer agrees that by entering into this Agreement, the Buyer is consenting to the use and disclosure of his or her personally identifiable information.

2.3 You will not:

a) harvest or otherwise collect information about artists including their e-mail addresses.

b) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any artwork or any details posted on this Site.

2.4 In the event you are interested in purchasing the art displayed, you will contact the artist directly. JKF will not be responsible for any information relating to the artist.

3. Limitation of liability

3.1 JKF’s liability is limited to hosting this website for Sri Lankan Artists to display their work. Notwithstanding anything stated herein, JKF is not responsible either for any artwork uploaded by the Artist or for any interaction/commercial transaction between the Buyer and the Artist.

3.2 We reserve the right to change these terms and conditions at any time and without notice.