Terms of Use

Welcome to Siren Gallery @ Starfish Arts (“Gallery,” “we,” “us,” or “our”).

By accessing or using www.sirenartgallery.com (the “Website”), submitting information through the Website, subscribing to communications, purchasing artwork, or otherwise interacting with the Gallery, you agree to be bound by these Terms of Use.

If you do not agree to these Terms, please do not use the Website.

The Gallery enters into separate written agreements with artists, consignors, estates, representatives, rights holders, purchasers, collectors, exhibitors, vendors, and other parties.

These Terms and all Website policies are intended to provide general information regarding the Gallery’s operations, Website use, artwork sales, privacy practices, and intellectual property protections. They are not intended to replace, amend, modify, supersede, expand, restrict, or otherwise alter any separately executed written agreement.

Artist Agreements Control. If any conflict, inconsistency, ambiguity, or difference exists between these Terms or any Website policy and a separately executed written agreement between the Gallery and an artist, consignor, estate, representative, rights holder, curator, or exhibition participant, the written agreement shall govern and control. This includes, without limitation: commissions; artist compensation; consignment arrangements; representation arrangements; exclusivity rights; territorial rights; exhibition rights; copyright ownership; licensing rights; image rights; reproduction rights; marketing permissions; insurance obligations; payment schedules; inventory management; shipping obligations; and artwork handling requirements.

Collector Agreements Control. If the Gallery enters into a separate written agreement with a collector or purchaser relating to a sale, shipment, installation, storage arrangement, commissioned work, reservation, or transaction, that agreement shall govern in the event of a conflict.

Order of Priority. In the event of any inconsistency, the following order of precedence shall apply: (1) Fully executed written agreement governing the specific matter; (2) Written amendments to that agreement; (3) Artwork-specific written terms; (4) Exhibition-specific written terms; (5) Transaction-specific written terms; (6) These Terms and Website policies; (7) Marketing and promotional materials. The more specific agreement shall govern over the more general agreement. The most recently executed written agreement shall govern where applicable.

Reservation of Contractual Flexibility. The Gallery reserves the right to enter into different agreements with different artists, consignors, collectors, purchasers, and representatives. No Website content shall be interpreted as creating uniform contractual rights among artists, collectors, consignors, visitors, purchasers, or other third parties.

All artwork listings, descriptions, images, dimensions, pricing, and availability information are subject to change without notice. All artwork is subject to prior sale.

The Gallery reserves the right to: modify pricing; remove listings; withdraw artworks; correct errors; decline transactions; and change availability at any time. No transaction shall be deemed accepted until confirmed by the Gallery.

All Website content, including artwork images, exhibition photographs, installation photographs, artist biographies, logos, branding, graphics, layouts, catalogs, and text is protected by intellectual property laws.

Copyright Ownership. Unless otherwise provided in a written agreement, artists retain copyright ownership in their artwork. Purchase of a physical artwork transfers ownership of the physical object only. Purchase does not transfer: copyright ownership; reproduction rights; licensing rights; publication rights; merchandising rights; NFT rights; AI-training rights; derivative-work rights; or other intellectual property rights. Any such transfer must be made through a separate written agreement.

No content appearing on this Website may be copied, harvested, scraped, downloaded, indexed, reproduced, archived, stored, republished, used in datasets, or used for: artificial intelligence systems; machine learning systems; generative AI systems; computer vision systems; image generation systems; neural network training; synthetic media creation; or substantially similar technologies without prior written permission from both the Gallery and the applicable rights holder. The Gallery expressly prohibits the use of Website content for AI training.

Users may not: copy artwork images; reproduce artwork; create derivative works; commercially exploit Website content; mint NFTs based on artwork displayed on the Website; use automated tools to collect Website content; interfere with Website operations; attempt unauthorized access to Website systems. Unauthorized use may result in legal action.

Prices are listed in U.S. Dollars unless otherwise indicated. Applicable sales taxes will be collected as required by law. The Gallery reserves the right to cancel transactions resulting from: inventory errors; pricing errors; administrative errors; suspected fraud; technical issues; or artwork unavailability.

Purchased artwork must be picked up at 1227 San Pablo Avenue, Berkeley, California 94706. Pickup arrangements will be coordinated directly with the Gallery.

The Gallery does not currently offer standard shipping services. Shipping requests may be considered on a case-by-case basis at the Gallery’s sole discretion. If shipping is approved: shipping costs are the buyer’s responsibility; insurance costs are the buyer’s responsibility; customs duties and import fees are the buyer’s responsibility; delivery dates are estimates only. Special written shipping agreements shall supersede this section.

All sales are final. The Gallery does not offer refunds, exchanges, store credit, or cancellations. The Gallery may, in its sole discretion, address claims involving: material shipping damage during Gallery-approved shipment; or delivery of materially incorrect artwork. Claims must be made within forty-eight (48) hours of receipt and include photographs and supporting documentation.

The Gallery may, in its sole discretion, offer payment plans for selected artwork purchases. Payment plans are intended to make artwork purchases more accessible and are available only upon prior approval by the Gallery. Artwork subject to a payment plan will be reserved for the purchaser during the payment-plan period and will remain the property of the Gallery until payment has been made in full.

Available Payment Plan Options.

Purchases Up to $2,500. Up to three (3) monthly payments may be available.

Purchases from $2,501 to $5,000. Up to six (6) monthly payments may be available.

Purchases from $5,001 to $9,999. Amounts above $5,000 may require an additional deposit, with the remaining balance payable under an approved payment schedule.

Purchases of $10,000 and Above. A minimum fifty percent (50%) deposit may be required, with the remaining balance payable under an approved payment schedule.

The Gallery reserves the right to modify payment-plan terms, deposits, payment schedules, and eligibility requirements on a case-by-case basis.

Initial Payment. The first payment is due when the payment plan is established and serves as both the initial deposit and the first scheduled payment.

Approval Required. All payment plans are subject to the Gallery’s approval and may be approved or declined in the Gallery’s sole discretion.

Pickup of Artwork. Artwork will not be released to the purchaser until all scheduled payments have been received and cleared. Upon final payment, the purchaser may arrange pickup with the Gallery. If separate shipping arrangements are approved by the Gallery, the artwork will not be released for shipment until all payment obligations have been satisfied.

Missed Payments. If payments are not made according to the agreed schedule, the Gallery reserves the right to: suspend the payment plan; cancel the payment plan; place the artwork back into inventory for sale; retain amounts previously paid to the extent permitted by applicable law and the applicable payment-plan agreement; and pursue any other remedies available under applicable law or contract. Any accommodations, extensions, or reinstatements shall be solely at the Gallery’s discretion.

Non-Refundable Payments. Unless otherwise required by law or agreed by the Gallery in writing, payments made under a payment plan are non-refundable.

Payment Plan Agreement Controls. Any payment plan may be documented through a separate invoice, payment-plan agreement, sales agreement, or related written document. In the event of any conflict between this section and a separately executed payment-plan agreement, the payment-plan agreement shall govern.

The Gallery may exhibit, market, consign, represent, and sell artwork pursuant to: consignment agreements; exhibition agreements; exclusive representation agreements; non-exclusive representation agreements; project agreements; and other written arrangements. Commission structures are individually negotiated and may vary by artist; by exhibition; by artwork; by project; by consignment relationship; and by period of representation. Such terms are governed solely by the applicable written agreement.

Unless otherwise provided in a written agreement: artists retain copyright ownership; artists may authorize the Gallery to display artwork online; artists may authorize marketing and promotional use of artwork images; artists may authorize use of artwork images in catalogs, newsletters, exhibition materials, archives, social media, and press materials. Such permissions are governed by the applicable written agreement.

The Gallery reserves the right, in its sole discretion, to: refuse service; decline transactions; cancel orders; withdraw artwork; remove listings; terminate Website access; investigate misuse; enforce intellectual property rights; discontinue artist relationships; discontinue consignment arrangements; discontinue representation arrangements; and modify Website content. Nothing in these Terms obligates the Gallery to continue any business relationship except as required by law.

Artwork is offered for aesthetic, cultural, educational, and collecting purposes. The Gallery makes no representation or guarantee regarding: appreciation in value; resale potential; investment performance; market demand; or financial return.

Colors, textures, framing, dimensions, finishes, and appearance may vary from digital representations due to photography, lighting conditions, display settings, and natural material characteristics. Such differences do not constitute defects.

To the fullest extent permitted by law, the Gallery shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Website or purchases made through the Website. Where liability cannot legally be excluded, liability shall be limited to the amount paid for the artwork giving rise to the claim.

These Terms are governed by the laws of the State of California. Any dispute shall be brought exclusively in the courts located in Alameda County, California.