Gallery.Q Terms of Service
Effective Date: October 2026
Last Updated: October 2026
Version: 1.1
IMPORTANT: PLEASE READ. These Terms of Service ("Terms") constitute a legally binding agreement between you and Gallery.Q. By creating an account, accessing, or using the Gallery.Q platform in any way, you agree to be bound by these Terms. If you do not agree to these Terms, do not create an account or use the platform. Gallery.Q is a platform connecting independent artists with buyers. We are not a party to transactions between artists and buyers except as described in these Terms.
1. About Gallery.Q
Gallery.Q ("Gallery.Q," "we," "us," or "our") is an online art marketplace platform operated by Atelier Media Group, LLC, that connects independent artists ("Artists" or "Sellers") with art buyers and collectors ("Buyers"). Together, Artists and Buyers are referred to as "Users" or "you."
Gallery.Q provides the technology platform, payment infrastructure, and community tools that enable transactions between Artists and Buyers. Gallery.Q is not the seller of record for any artwork listed on the platform. Each sale is a transaction directly between the Artist and the Buyer.
Our principal place of business is in the United States. These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles, except where applicable law requires otherwise.
2. Eligibility & Account Registration
2.1 Age Requirement
You must be at least 18 years of age to create an account or use Gallery.Q. By creating an account, you represent and warrant that you are 18 years of age or older. Gallery.Q does not knowingly allow minors to register or use the platform. If we discover that a user is under 18, we will terminate their account immediately.
2.2 Account Registration
To access most features of Gallery.Q, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information to keep it accurate
- Keep your password secure and confidential
- Notify Gallery.Q immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
Gallery.Q reserves the right to refuse registration or terminate accounts at our sole discretion, including for violation of these Terms.
2.3 Account Types
Gallery.Q offers two account types: Buyer accounts and Artist (Seller) accounts. Users may hold both account types. Artist accounts require additional identity verification for payment processing purposes, as required by our payment processor (Stripe) and applicable law.
2.4 Acceptance of Terms at Registration
During account registration, all users are required to affirmatively accept these Terms of Service by checking a confirmation box before their account is created. By checking this box, you confirm that:
- You have read and understood these Terms in full
- You agree to be legally bound by these Terms
- You agree to Gallery.Q's Privacy Policy
- You are at least 18 years of age
Acceptance is logged with a timestamp and associated with your account. Gallery.Q will notify you of material changes to these Terms and may require re-acceptance.
3. Platform Use & User Conduct
3.1 Permitted Use
Gallery.Q grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose: the lawful buying and selling of original artwork. This license does not include the right to:
- Scrape, crawl, or otherwise extract data from the platform in bulk
- Use the platform for any commercial purpose other than buying or selling artwork as permitted
- Reproduce, distribute, or create derivative works from platform content without permission
- Reverse engineer or attempt to extract the source code of our applications
- Use automated tools, bots, or scripts to interact with the platform
3.2 Prohibited Conduct
You agree not to use Gallery.Q to:
- Violate any applicable local, state, national, or international law or regulation
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Post false, misleading, or inaccurate information about yourself or your artwork
- Engage in fraud, including payment fraud, identity fraud, or listing fraud
- Harass, abuse, threaten, or intimidate other users
- Attempt to circumvent Gallery.Q's payment system or conduct transactions outside the platform
- Manipulate ratings, reviews, or search rankings
- Use the platform to launder money or engage in any other illegal financial activity
- Transmit viruses, malware, or any other harmful or destructive code
- Collect or harvest personal information from other users without their consent
- Engage in any activity that interferes with or disrupts the platform or its servers
4. Content Policy
4.1 Artist Content Standards
Artists are solely responsible for all content they post on Gallery.Q, including artwork images, descriptions, pricing, and profile information. By posting content, you represent and warrant that:
- You are the original creator of the artwork, or have full legal rights to sell it
- The artwork does not infringe any third-party intellectual property rights, including copyright, trademark, or trade secrets
- All listing information (dimensions, medium, condition, description) is accurate and not misleading
- You have the right to grant Gallery.Q the license described in Section 4.3 below
4.2 Prohibited Content
The following content is strictly prohibited on Gallery.Q and will result in immediate removal and may result in account suspension or permanent ban:
Adult & Sexual Content
- Sexually explicit or pornographic content of any kind
- Nudity of any kind
- Content that sexualizes minors in any way whatsoever. Zero tolerance: immediate permanent ban and referral to law enforcement.
- Erotic artwork, regardless of claimed artistic merit, that a reasonable person would find obscene
- Content that sexualizes or eroticizes religious figures, clergy, houses of worship, religious symbols, sacred texts, or sacred imagery of any faith or belief system.
Violent & Harmful Content
- Graphic depictions of real violence, gore, or harm to people or animals
- Content that promotes, glorifies, or instructs on self-harm or suicide
- Content that incites hatred, discrimination, or violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
Illegal & Fraudulent Content
- Counterfeit, stolen, or plagiarized artwork
- Artwork that reproduces or closely imitates another artist's original work without license or permission
- Listings for items that are illegal to buy or sell
- Artwork that misrepresents its origin, medium, age, or authenticity
Other Prohibited Content
- Spam, unsolicited commercial messages, or repetitive listings designed to game search results
- Content unrelated to visual art (e.g., digital goods that are not artwork, services, or non-art physical items)
- Content that desecrates or mocks religious figures, symbols, or sacred imagery in a manner that is obscene or intended to demean people because of their religion.
- Artwork listings that have already been sold and are no longer available, listed as available
4.3 License to Gallery.Q
By posting content on Gallery.Q, you grant Gallery.Q a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your content solely for the purpose of operating, promoting, and improving the Gallery.Q platform. This license does not transfer ownership of your artwork or intellectual property. You retain all ownership rights to your work.
This license ends when you remove the content from Gallery.Q or close your account, except that Gallery.Q may retain cached or archived copies for a reasonable period.
4.4 Content Moderation
Gallery.Q uses a combination of automated tools and human review to moderate content. We reserve the right to remove any content that violates these Terms without prior notice. We are not obligated to review all content before it is posted. Gallery.Q's content decisions are final, though users may appeal through the in-app report system.
5. Transactions, Payments & Fees
5.1 Artist Responsibilities
Artists are responsible for setting accurate prices, shipping fees, and fulfilling orders in a timely manner. By listing artwork for sale, Artists represent that:
- The artwork is available for sale and accurately described
- The listed price and shipping fee are final and inclusive of all costs the buyer will pay
- They will ship the artwork within 5 business days of order confirmation unless otherwise stated
- They will provide a valid tracking number when marking an order as shipped
- They will package artwork securely and appropriately to prevent transit damage
5.2 Buyer Responsibilities
Buyers are responsible for reviewing all listing information, including artwork photos, dimensions, descriptions, and the artist's shipping and return policies, before purchasing. All sales are final except as described in Section 6.
5.3 Payment Processing
All payments are processed through Stripe, a third-party payment processor. By using Gallery.Q, you agree to Stripe's Terms of Service and Privacy Policy in addition to these Terms. Artists must complete Stripe's account setup and verification to receive payments. Gallery.Q does not store credit card or bank account details on its servers.
5.4 Handling of Funds
Payments are processed by Stripe. Gallery.Q does not hold Buyer or Artist funds in its own account, and does not act as a bank, escrow agent, or money transmitter. Payouts to Artists are made by Stripe according to Stripe's payout schedule, terms, and requirements.
5.5 Fees & Commission
Gallery.Q charges a 5% commission on every completed sale. This commission is deducted automatically from the Artist's payout before it is transferred. In addition, Stripe's standard payment processing fee (approximately 2.9% + $0.30 per transaction) is also deducted from the Artist's payout. The Buyer is not charged any additional platform fee. The total displayed at checkout is the total the Buyer pays.
Example on a $100 sale: Gallery.Q commission of $5.00 plus a Stripe fee of about $3.20 means the Artist receives approximately $91.80.
Gallery.Q will provide at least 30 days' written notice before changing its commission rate. Continued use of the platform after the effective date of any fee change constitutes acceptance of the new rate.
5.6 Taxes
Artists are solely responsible for determining and paying any applicable taxes on their sales, including income tax and sales tax. Gallery.Q may be required by law to collect and remit sales tax in certain jurisdictions and will do so as required. Gallery.Q will provide Artists with transaction records and reports to assist with tax compliance but does not provide tax advice.
5.7 Prohibited Transactions
Users may not conduct transactions outside of the Gallery.Q platform for artwork discovered through Gallery.Q. Attempting to circumvent Gallery.Q's payment system is a material breach of these Terms and may result in account termination.
6. Orders, Issues & Returns
6.1 Sales Are Final
Except as described in this Section 6 or in a listing's return policy, all sales are final. Change of mind, buyer's remorse, and "looks different in person" are not grounds for a refund or return.
6.2 Reporting an Issue
If artwork is not received, is materially different from its listing, or arrives damaged in transit, the Buyer must report the issue to support@galleryq.app within 3 calendar days of delivery (or of the expected delivery date, if the artwork was not received). Reports should include the order number and, where applicable, photos of the artwork and packaging.
6.3 Review and Resolution
Gallery.Q will review each report and may contact the Buyer and the Artist and request additional information, such as tracking details, photos, or messages. Gallery.Q will decide, in its discretion, whether a refund or other resolution is appropriate. Any refund is issued through Stripe. Artists agree to cooperate with Gallery.Q's review and with any resolution it decides.
6.4 Artist Return Policies
Artists may include an optional return policy in a listing. If an Artist includes one, it is displayed on the artwork detail page and at checkout, and the Artist is responsible for honoring it.
6.5 Cancellations
A Buyer may request to cancel an order before it has shipped by contacting support@galleryq.app. Approval of a cancellation, and any resulting refund, is at the discretion of Gallery.Q and the Artist.
6.6 Digital Artwork
Digital artwork cannot be returned and is not eligible for a refund once it has been delivered, except where required by law.
7. Intellectual Property
7.1 Artist Ownership
Artists retain full copyright and ownership of all artwork they create and list on Gallery.Q. Listing artwork on Gallery.Q does not transfer copyright to the Buyer. Unless explicitly stated in a listing (e.g., "commercial license included"), the sale of an artwork transfers physical ownership only, not the right to reproduce, distribute, or create derivative works.
7.2 Gallery.Q Platform
The Gallery.Q platform, including its software, design, trademarks, logos, and all non-user-generated content, is the exclusive property of Atelier Media Group, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not use Gallery.Q's name, logo, or branding without prior written permission.
7.3 Copyright Infringement and DMCA
Gallery.Q respects intellectual property rights and expects users to do the same. If you believe that content on Gallery.Q infringes your copyright, please submit a DMCA takedown notice to Gallery.Q's designated agent at support@galleryq.app. Your notice must include:
- Identification of the copyrighted work you claim has been infringed
- Identification of the infringing material and its location on the platform
- Your contact information
- A statement of good faith belief that the use is not authorized
- A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf
- Your physical or electronic signature
Gallery.Q will respond to valid DMCA notices promptly and will terminate the accounts of repeat infringers.
8. Disclaimers & Limitation of Liability
8.1 Platform "As Is"
GALLERY.Q PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GALLERY.Q DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 Transactions Between Users
Gallery.Q is a marketplace platform and is not a party to transactions between Artists and Buyers. Gallery.Q does not verify the authenticity, quality, or condition of any artwork listed on the platform beyond the content moderation described in these Terms. Buyers purchase artwork at their own risk, subject to Section 6.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GALLERY.Q, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF GALLERY.Q HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Gallery.Q's total liability to you for any claim arising out of or relating to these Terms or your use of the platform shall not exceed the greater of (a) the total fees paid by you to Gallery.Q in the 12 months preceding the claim, or (b) $100 USD.
8.4 Indemnification
You agree to indemnify, defend, and hold harmless Gallery.Q and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you post on the platform.
9. Account Suspension & Termination
9.1 Termination by You
You may close your account at any time by contacting support@galleryq.app or using the account deletion option in the app settings. Closing your account does not affect any outstanding transactions, obligations, or disputes. Transaction records are retained for 7 years as required by law.
9.2 Termination by Gallery.Q
Gallery.Q may suspend or permanently terminate your account at any time, with or without notice, for:
- Violation of these Terms or any Gallery.Q policy
- Fraudulent, deceptive, or illegal activity
- Posting prohibited content, including adult content
- Repeated or serious violations of the content policy
- Any activity that Gallery.Q reasonably believes poses a risk to the platform, other users, or Gallery.Q
Upon termination, your right to use the platform ceases immediately. Gallery.Q is not liable to you for any termination of your account except as required by applicable law.
9.3 Effect of Termination
Sections of these Terms that by their nature should survive termination will survive, including Sections 4.3 (License to Gallery.Q), 7 (Intellectual Property), 8 (Disclaimers & Limitation of Liability), 10 (Dispute Resolution), and 11 (General Provisions).
10. Dispute Resolution
10.1 Informal Resolution
Before initiating any formal dispute, you agree to contact Gallery.Q at support@galleryq.app and attempt to resolve the issue informally. Gallery.Q will make reasonable efforts to resolve your concern within 14 days of receiving notice.
10.2 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Nothing in this section limits your rights under applicable consumer protection laws in your state of residence.
10.3 Binding Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms or your use of Gallery.Q shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as provided below. Arbitration will be conducted in English on an individual basis. You and Gallery.Q both waive the right to a jury trial and the right to participate in a class action lawsuit or class-wide arbitration.
10.4 Small Claims Court
Notwithstanding Section 10.3, either party may bring an individual claim in small claims court if the claim qualifies. This does not waive either party's right to arbitrate claims that do not qualify for small claims court.
10.5 Class Action Waiver
YOU AND GALLERY.Q AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
11. General Provisions
11.1 Changes to These Terms
Gallery.Q may update these Terms from time to time. We will notify you of material changes by email and/or by displaying a prominent notice in the app. Your continued use of Gallery.Q after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the platform and close your account.
11.2 Entire Agreement
These Terms, together with the Privacy Policy (available at galleryq.app/privacy) and any other policies incorporated by reference, constitute the entire agreement between you and Gallery.Q with respect to your use of the platform and supersede all prior agreements.
11.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
11.4 Waiver
Gallery.Q's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
11.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without Gallery.Q's prior written consent. Gallery.Q may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
11.6 Contact
If you have questions about these Terms, please contact us at:
Atelier Media Group, LLC
Email: support@galleryq.app
Website: galleryq.app
ACCEPTANCE. By creating a Gallery.Q account, you confirm that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy. Your acceptance is recorded at the time of account creation with a timestamp and associated with your account on file.
Gallery.Q | Terms of Service | Version 1.1 | October 2026