Last Updated: 12 Aug, 2025

Welcome to Tomé Art Gallery! These Terms of Service (“Terms”) govern your access to and use of the Tomé Art Gallery Website (the “Website”), located at www.tomegallery.com, and any services, content, features, and functionality offered by or through the Website.

By accessing or using our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these terms, please do not use our Website.

1. Acceptance of Terms

By using the Website, you affirm that you are at least 18 years old or have reached age of majority in your jurisdiction, or that you are a minor at least 13 years old and have obtained parental or guardian consent to use the Website. You agree to comply with all applicable laws and regulations regarding your use of the Website.

2. Changes to Terms

Tomé Art Gallery reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms.

3. Website Content and Intellectual Property

• Ownership: All content on the Website, including but not limited to text, graphics, images, photographs, artwork, audio, video, software, and the compilation thereof (collectively, “Content”), is the property of Tomé Art Gallery or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
• Limited License: You are granted a limited, non-transferable, revocable license to access and use the Website and its Content for your personal, non-commercial use only.
• Prohibited Use: You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, found on the Website without the express written permission of Tomé Art Gallery or the respective copyright owner.

4. User Conduct

• You agree not to use the Website to:

 

• engage in any lawful or fraudulent activity;
• transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• impersonate or attempt to impersonate Tomé Art Gallery, a Tomé Art Gallery employee, another user, or any other person or entity;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Tomé Art Gallery or users of the Website or expose them to liability.

5. Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Tomé Art Gallery does not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.

6. Limitation of Liability

In no event shall Tomé Art Gallery, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

7. Indemnification

You agree to defend, indemnify, and hold harmless Tomé Art Gallery, its affiliates, licensors, and service providers, and its their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Website.

8. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New Mexico, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts of New Mexico, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

9. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

10.Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Tomé Art Gallery regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

11. Your Comments and Concerns

This Website is operated by Tomé Art Gallery.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: tomegallery@gmail.com