Terms of Use

Welcome to Goretti Fine Art.

These Terms of Use (the “Terms”) are an agreement between you (each a “User” and collectively the “Users”) and Goretti Fine Art, LLC (“Goretti”) that governs User’s access and use of Goretti’s website, web pages, mobile application or any other technological platform which may now exist or hereinafter be created (collectively, the “Site”). These Terms are effective immediately for all Users of the Site.  If Users do not agree to these Terms, they are not permitted to access or use the Site.

These Terms also include Goretti’s Privacy and Cookie Policy. By accessing and using the Site, the User hereby agrees to these Terms and agrees to comply therewith. If a User is using the Site on behalf of a company or other legal entity, then "User" also means such company or legal entity and that company or legal entity will also be bound by these Terms, even if a separate agreement with the company or legal entity exists. No User may use the Site if they do not agree to the Terms set forth below.

1. Eligibility.

To access or use the Site, Users must be at least sixteen (16) years of age, otherwise a User may not use the Site, unless such use is with the prior, express permission and consent of a parent or legal guardian. Except as set forth above, or as expressly consented to in writing by Goretti, the Site is only for personal, non-commercial use, unless a User has a fully executed separate agreement with Goretti for commercial use. No User may use or interact with the Site if Goretti has terminated the User’s account or banned the User, with the right to terminate accounts or ban Users to be in Goretti’s sole and absolute discretion.

2. Goretti Rules of Engagement.

The Site is designed to facilitate the purchase and sale of pieces of art which are created by or for Goretti and/or which may be offered on this Site (the “Art”) and for any other such products or services which Goretti may make available to Users on this Site (the “Site Offerings”).

In order to utilize this Site, Users must agree to Goretti’s Rules of Engagement as set forth below:

a. To use the Site and interact with Goretti solely for lawful purposes and in a manner that fully complies with these Terms at all times. Users further agree to use the Site and interact with Goretti in full compliance with any and all applicable laws and regulations (collectively, the “Law”), as well as any other legally binding obligations (such as contractual obligations) that the User may have with Goretti and/or any other third party.

b. To not impersonate or utilize another person’s identity or contact information or misappropriate, utilize, or violate any intellectual property rights owned by Goretti or any other person or entity.

c. To not violate these Terms, the terms of any other agreements the User may have with Goretti or any applicable Law.

d. To not interact with Goretti or post any content on the Site that is in any way harassing, threatening, abusive, racist or otherwise objectionable with such determination to be made by Goretti in its sole and absolute discretion.

e. To not promote, endorse or advance any type of illegal activities.

f. To not violate the copyright, patent, trademark, trade secret, or any other type of or kind of intellectual property or proprietary rights (the “Intellectual Property”) of Goretti or any third-party.

g. To not violate the privacy or publicity of Goretti or any third-party.

h. To not introduce software or automated agents to the Site or access the Site so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine any data of any kind from the Site without Goretti’s prior, express written permission.

i. To not "Frame" or "mirror" or otherwise incorporate any part of the Site into any other website or "deep-link" to any portion of the Site without Goretti’s prior, express written consent.

j. To not copy, modify or create any type of derivative works from the Site or any images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Site, including when Goretti sends Users email correspondence (collectively, the “Goretti Content”) without Goretti’s prior, express written consent.

k. To not copy or use any information, Goretti Content, or any type of data on the Site in connection with any type of competitive service with such determination to be made by Goretti in its sole and absolute discretion.

l. To not sell, resell, rent, lease, loan, trade or otherwise monetize any type of access to the Site or any Goretti Content or intellectual property of any kind without Goretti’s prior, express written consent.

m. To not interfere with, disrupt, reverse engineer, decompile, or modify any data or functionality of the Site.

n. To not interfere with, disrupt, or create an undue burden on the Site or Goretti or any of its networks or services connected therewith.

o. To not introduce any types of viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any type of similar software to the Site or attempt to circumvent any security feature of the Site in any way.

p. To not use any Intellectual Property or URL in any way that incorrectly suggests Goretti’s affiliation with or endorsement of any person, entity, event, product, or service.

q. To not use any Intellectual Property that is in any way confusingly similar to any Goretti Intellectual Property, or the look and feel of the Site.

r. To not remove, conceal, modify, or tamper with any Intellectual Property marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any Art, image, or other Goretti Content on the Site.

3. Conditions for Purchasing Art on the Site.

This Site includes an online marketplace where Users may browse or buy the Art. The Site may also enable Users to contact and communicate with Goretti about the Art or other Site Offerings which are listed or otherwise made available on the Site.

This Section 2 sets forth the conditions of sale (the “Conditions”) that govern Users utilizing the online marketplace on the Site and Users purchasing Art and/or other Site Offerings on the Site. The User hereby acknowledges and agrees to these Conditions set forth below in order to access the online marketplace and/or to purchase any Art or Site Offerings on the Site, and if the User does not agree, the User cannot utilize the online marketplace and/or purchase any Art or Site Offerings on the Site. Further, these Conditions are a part of and incorporated into these Terms to which all Users must agree to use or access the Site.

a. Art and Site Offering Availability and Warranty.

The Art and/or other Site Offerings on this Site may be available exclusively online through this Site and may have limited quantities. The Art and Site Offerings are subject to the return policy set forth below. Goretti reserves the right to refuse or cancel any order a User places on the Site in its sole discretion. Goretti may, in its sole discretion, limit or cancel quantities purchased per User, per household or per order. These restrictions may include orders placed by the same User, the same credit card, and/or orders that use the same billing and/or shipping address. If Goretti changes or cancels an order, Goretti may attempt to notify the User by contacting the e‑mail and/or billing address/phone number provided when the order was placed. Goretti further reserves the right without any liability to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors or any unauthorized Users.

Goretti has made reasonable efforts to accurately display the colors and images of the Art that appears on this Site but cannot guarantee that a User’s computer monitor or other device will accurately display any color or image. All descriptions of Art or Site Offerings or of the pricing of Art or Site Offerings are subject to change at any time without notice at Goretti’s sole discretion. Goretti has the right to discontinue any Art or Site Offering at any time without notice at Goretti’s sole discretion. Goretti does not warrant the quality of the Art or Site Offerings purchased by Users on this Site will meet User’s expectations nor does Goretti guarantee that any errors in the Art or Site Offerings will be corrected to a User’s satisfaction.

b. Accuracy of Billing and Account Information.

Users agree to provide current, complete and accurate purchase information for all purchases of Art and/or other Site Offerings made on the Site (each, a “Purchase”), including but not limited to their email address and correct and accurate payment method, so that Goretti can process and complete the Purchase and contact the User as needed to do so. Users hereby represent and warrant that they are of legal age to form a binding contract with Goretti and that they have the legal right to use any credit card(s) or other payment means used by or through the User on the Site for any Purchase. To make a Purchase on this Site, Users can use credit cards and/or PayPal; provided, Goretti may at any time, without notice, revise such available payment methods and terms on the Site. Full payment must be issued by User and received by Goretti at the time of Purchase for Purchase to be processed and fulfilled.

Users hereby acknowledge and agree that any information the User provides in relation to a Purchase on the Site will be handled pursuant to Goretti’s then current Privacy Policy. Users consent to Goretti providing necessary information about the User to such third parties that assist in facilitating the Purchase, including but not limited to shipping vendors that ship items in the User’s Purchase. Goretti may verify certain User information in order to accept and/or process any Purchase made on the Site.

c. Return and Shipping Policy.

Users further consent and agree to Goretti’s Shipping and Return Policy, which is available for review here, for all Purchases.

4. Electronic Communications.

Visiting the Site and/or sending emails or messages through the “Contact Us” form on this Site to Goretti constitute electronic communications, and, by taking such actions, Users consent to receive electronic communications from the Site and/or Goretti and further agree that all agreements, notices, disclosures and other communications that the Site and/or Goretti are required to provide to Users may be provided electronically, either via email or published on the Site, in order to satisfy any legal requirement that such communications be in writing.

5. Intellectual Property Rights and Protections.

The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. Goretti reserves the right in its sole and absolute discretion, without notice, to revoke such license. All content in and included within the Site (which is not in the public domain) such as text, graphics, logos, images, as well as any compilation thereof, and any other Intellectual Property of any kind is the sole property of Goretti and its affiliates (or related third-parties) and is Copyrighted and further protected by all applicable intellectual property laws and proprietary rights. Users agree to observe and abide by all Copyright, Trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Goretti Content is not for resale. The User’s use of the Site does not entitle the User to make any unauthorized use of any protected content, and in particular the User will not delete or alter any proprietary rights or attribution notices in any Goretti Content or Intellectual Property. The User will use protected content solely for their personal use and will make no other use of the content without the prior, express written permission of Goretti and/or the proper intellectual property owner. The User agrees that they do not acquire any ownership rights in any protected content. Except as may be set forth in a separate, written, fully executed agreement, Goretti does not grant User any licenses, express or implied, to the Intellectual Property of Goretti, except as expressly authorized by these Terms.

6. Materials Provided to or Posted on the Site.

Goretti does not claim ownership of any content that Users provide, submit, or authorize for Use on the Site (collectively, the “User Content”). Provided that, by submitting or authorizing the Site and/or Goretti to display any User Content, the User hereby grants to the Site and/or Goretti an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, adapt and distribute such User Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by any applicable Law, the User hereby expressly waives any and all moral rights applicable to Goretti’s exercise of the foregoing license. The User agrees that this license includes the right for the Site and/or Goretti to, in its sole and absolute discretion, provide, promote, and improve the Site and to make User Content submitted to or through the Site available to various companies, organizations or individuals for the broadcast, distribution, promotion, or publication of the User Content via various media platforms and other services; provided that such actions are subject to these Terms and any other Goretti terms governing the same. No compensation will be paid for User Content that Users post on the Site.

By posting, uploading, inputting, providing, or submitting any User Content, the User hereby represents and warrants that they own or otherwise control all of the rights to and in the User Content in its entirety, without limitation, as well as all of the rights necessary for the User to post, upload, input, provide or submit such User Content.

The Goretti Content contained on the Site is provided by Goretti and/or its licensors. Goretti and its licensors own and retain any and all intellectual property and proprietary rights in the Goretti Content that each party provides, and Goretti owns and retains any and all intellectual property and proprietary rights in the Site. Users are granted a limited, revocable, non-sublicensable license under the intellectual property rights licensable by Goretti to download, view, copy and print Goretti Content from the Site solely for the User’s personal use in connection with using the Site and/or interacting with Goretti. Except as set forth above, all Users agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly display, sell, adapt, or create derivative works based on the Site, Goretti, or any Goretti Content associated therewith; or (2) rent, lease, loan, or sell access to the Site or any Goretti product or service. Any and all trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site or by Goretti are Goretti’s property or the property of the stated third parties. Users are not permitted to use such Marks, in any way, without the appropriate Mark owner’s express, prior written consent.

7. International Users.

The Site is controlled, operated and administered within the United States of America (the “USA”) and governed by its laws. Users that access the Site from a location outside of the USA are responsible for compliance with all applicable laws and do so hereby covenant and agree that they will not use Goretti or the Site in any manner that is prohibited by any applicable laws, restrictions, or regulations of the governing country and/or territory. 

8. Indemnification.

The User hereby covenants and agrees to indemnify, defend and hold harmless Goretti, its subsidiaries, affiliates, officers, directors, employees, agents and third parties, (collectively, the “Goretti Indemnitees”) for any losses, costs, liabilities and expenses (including reasonable attorney's fees) (collectively, the “Claims”) relating to or arising out of a User’s use of the Site or interaction with Goretti and any of its affiliates, any Claims made by any third-parties, or the violation of any of these Terms.

9. Disclaimers and Limitation on Liability.

The disclaimers and limitations on liability in this Section 9 shall apply to the maximum extent allowable under applicable Laws; provided that, nothing set forth in this Section 9 is intended to limit any of the rights of Users which may not be limited under applicable Laws.

Any functionality, features, or services provided on the Site or by Goretti (the “Goretti Services”) are provided solely as a courtesy to Users. Goretti hereby disclaims any and all warranties with regard to any and all Goretti Services and further, disclaims all responsibility and liability for the content, accuracy, completeness, legality, reliability, or availability of any Content on the Site.

Neither the Site nor Goretti are responsible for any incorrect, inaccurate, or unlawful content posted on the Site, whether caused by Users or by any other party or programming associated with or utilized by the Site and/or Goretti. The Site and Goretti further assume no liability or responsibility of any kind for any act, error, omission, interruption, deletion, defect, delay, theft or destruction or unauthorized access to, or alteration of, any communication with any third-party on the site, including but not limited to other Users. The Site and Goretti are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Site, including any injury or damage to Users or to any person or entity’s computer related to, resulting from, or arising out of using or interacting with the Site or downloading anything in connection with the Site or Goretti. Under no circumstances shall the Site or Goretti be responsible for any loss or damage of any kind resulting from the use of the Site or from any content posted on the Site or transmitted to Users, or any interactions of any kind between Users, whether online or offline.

The Site and Goretti are provided on an “as-is” basis, and the Site and Goretti expressly disclaim any and all warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

The Site and Goretti further make no warranty that: (1) the Site will meet the User’s requirements; (2) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from using the Site and/or any other Goretti Services of any kind will be accurate or reliable.

By using the Site, Users do so hereby fully and irrevocably release the Site and Goretti from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arising from the actions, content, or data of any third parties (including other Users).

IN NO EVENT SHALL THE SITE OR GORETTI BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THE USER’S USE OF THE SITE OR ANY OTHER GORETTI SERVICES, EVEN IF THE SITE AND GORETTI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT THE SITE AND GORETTI’S LIABILITY TO ANY USER FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY USER’S USE OF THE SITE OR INTERACTION WITH GORETTI (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

The User acknowledges that they are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The User hereby expressly waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

10. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AS A USER. THE USER AGREES THAT BY USING THE SITE, THEY ARE AGREEING WITH AND ENTERING INTO THESE TERMS. THE USER AND GORETTI ARE EACH HEREBY FULLY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION LEGAL PROCEEDING OF ANY KIND. THE USER AND GORETTI EACH HEREBY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS OF ANY KIND ARE HEREBY PROHIBITED.

a. Governing Law and Venue.

These Terms and any and all claims, disputes, or other legal proceedings of any kind that are in any way related to or arising from these Terms or a User’s use of the Site (collective, the “Legal Proceedings”) by or between any User and Goretti shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. Each of the Parties submits to the jurisdiction and venue of any state or federal court sitting in the State of Missouri in any Legal Proceeding arising out of or relating to these Terms and agrees that all Legal Proceedings may be heard in and determined by any such court. Any Legal Proceeding arising out of or relating to these Terms may be brought in the valid courts of the State of Missouri or, if it has or can acquire jurisdiction, in the United States District Court sitting in St. Louis, Missouri, and each of the parties irrevocably submits to the exclusive jurisdiction and venue of each such court in any such Legal Proceeding.

b. Agreement to Arbitrate.

The parties agree that these Terms and the subject matter contemplated herein constitute interstate commerce, and the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision set forth below. If a User resides in the United States, subject to the Exceptions to Arbitration set forth below, the User and Goretti each agree that any and all Legal Proceedings must be resolved through binding arbitration as described herein. With the exception of the prohibition on class arbitrations set forth above, if an arbitrator or court of competent jurisdiction determines that any part of this agreement to arbitrate is unenforceable, such provision will be struck and all other provisions of this Agreement to Arbitrate shall be valid and enforceable.

c. Exceptions to Arbitration.

This Agreement to Arbitrate will not apply to the following: (a) qualifying small claims court cases; (b) Legal Proceedings brought against Goretti or any of its affiliates or subsidiaries by other companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by Goretti or any of its subsidiaries or affiliates against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) any party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of such party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If a court of competent jurisdiction finds the prohibition on class arbitrations set forth in this Dispute Resolution section to be unenforceable, then such prohibition shall be struck and all other provisions of this Agreement to Arbitrate shall remain valid and enforceable. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

d. Informal Dispute Resolution.

If any party intends to seek arbitration, such party must first notify the other party of the Legal Proceeding in writing at least thirty (30) days in advance of initiating arbitration. Notice to Goretti should be sent to the contact information set forth below. Notice will be sent to a User at the email address or the mailing address associated with their Purchase. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the parties are unable to reach an agreement to resolve the Legal Proceeding within thirty (30) days after the Notice is received, the parties may commence the formal arbitration proceeding.

e. Arbitration Procedure.

The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. Additional information about the rules and initiating arbitration are available at www.adr.org. Any settlement offers made between the parties shall not be disclosed to the arbitrator. Unless otherwise required by the AAA (or other applicable rules), the arbitration shall be held in St. Louis, Missouri. For any claim where the total amount of the award sought is $25,000 or less, the parties agree to have the arbitration conducted virtually, which election shall be binding on each party, subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, either party may opt to attend virtually, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but shall be bound by rulings in prior arbitrations involving the same Users to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

f. Changes to the Agreement to Arbitrate.

Notwithstanding any provision in these Terms to the contrary, the parties hereto agree that if Goretti makes any change(s) to this Dispute Resolution section in the future, such change will not apply to any claim that was filed in a Legal Proceeding prior to the effective date of the change. The change will apply to all other Legal Proceedings governed by this Dispute Resolution section that have arisen or may arise between the parties. Goretti will notify User of changes to this Dispute Resolution section by posting the changes on the Site at least thirty (30) days before the effective date of the changes.         

11. Termination/Access Restriction.

These Terms remain in effect while a User uses the Site and/or related Goretti Services. Goretti reserves the right, in its sole discretion, to terminate a User’s access to the Site and related Goretti Services or any portion thereof at any time, without notice. All provisions of these Terms shall survive termination or expiration of these Terms. For the avoidance of doubt, the User agrees that these Terms apply to their use of the Site and/or any Purchases made by the User on the Site.

The User hereby agrees that no joint venture, partnership, employment, or agency relationship exists between a User and Goretti as a result of these Terms or the User’s use of the Site or any related Goretti Services. If any part of this agreement is determined to be invalid or unenforceable by any court of competent jurisdiction, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalid or unenforceable provision will be struck from these Terms and shall be replaced by a valid, enforceable provision that most closely reflects the original intent of the provision, and the remainder of these Terms shall continue to be in full force and be valid and enforceable. 

Unless otherwise specified herein, these Terms constitute the entire agreement between the User and the Site and Goretti regarding the subject matter set forth herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Goretti. The User hereby represents and warrants that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce the User to enter into this agreement and agree to these Terms. Goretti’s failure to exercise or enforce any right or provision set forth in these Terms shall not operate as a waiver of such right or provision. A printed version of this agreement and of any notice given in electronic form shall be admissible in any Legal Proceedings, subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by the User without Goretti’s express, prior written consent; provided that Goretti may assign or transfer any of its rights or obligations without any restriction. Any attempted assignment by the User shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Goretti may revise these Terms from time to time by posting an updated version on the Site. The revised Terms will be effective immediately for all Users. If Goretti makes a change that materially reduces Users’ rights or increases Users’ responsibilities, Goretti will notify Users by posting a notice on the Site prior to the change becoming effective. Goretti encourages Users to periodically review these Terms for any updates. Users’ continued use of the Site is subject to the most current effective version of these Terms.

Contact Us:

Goretti welcomes your questions or comments regarding the Terms:

Goretti Fine Art, LLC

PO Box 83

New Melle, MO 63365 

Contact Us

Effective as of September 21, 2021