Terms of service

TERMS OF SERVICE

Last Updated: October 6, 2026

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Paninap Art Gallery ("we," "us," or "our") concerning your access to and use of the paninap.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. ABOUT PANINAP ART GALLERY

Paninap Art Gallery is a Philippine-based gallery and the commercial expression of the Paninap Arts Movement of the Philippines. Our mission is to connect Filipino artists with local and international audiences while honoring Filipino identity, heritage, and artistic expression. Our website supports artwork presentation, artist profiles, and gallery transactions. Physical exhibitions, pop-up events, hybrid exhibitions, partnerships, and other activities described in our blueprint are planned initiatives unless expressly announced as available.

2.1 Community Purpose and Founding Values

Paninap is a collaborative cultural initiative, not a rival to existing artists, guilds, or collectives. Its foundation is bayanihan (collective work), pakikipagkapwa (human dignity and belonging), and kababaang-loob (humble, service-oriented leadership). Participants are expected to treat others respectfully, acknowledge contributions fairly, respect cultural heritage, and pursue collaboration in good faith.

2.2 Blueprint and Planned Development

The Paninap blueprint expresses the movement's vision and proposed development: a digital foundation, artist community, shared leadership and registration preparation, a first-year hybrid exhibition, and subsequent projects. These are plans, not guarantees of registration, project delivery, exhibition dates, sales, income, funding, leadership appointments, or membership benefits. Completion of the first two phases is intended to precede the third phase. Confidential projects are not disclosed beyond the titles and identifying subtitles published in the blueprint.

2.3 Founding Artist Outreach and Guild Collaboration

The proposed initial outreach target is at least two primary artists based in Mabalacat and three artists based in Angeles, preferably members of major, established art guilds. These targets do not identify confirmed members or imply endorsement by any guild. Invitations will consider artistic practice, community standing, willingness to collaborate, and alignment with Paninap's values.

This strategy seeks to combine networks and involve recognized advocates in promoting Kapampangan art. Paninap believes that a shared Kapampangan visual language grows through a community with a shared vision, rather than a single artist or group acting alone. Participation does not require leaving an existing guild, surrendering artistic identity, or granting Paninap authority to speak for another organization. Guild affiliation alone does not authorize a participant to commit that guild to a partnership.

2.4 Inclusion and Community Conduct

Strategic founding outreach does not close the movement to emerging, independent, student, or grassroots artists. Applications should be assessed using transparent criteria without exclusion solely on the basis of language, region, economic or educational background, age, gender, or identity, subject to lawful eligibility and appropriate arrangements for minors.

Competition, differing opinions, and interpersonal tensions may arise during community-building. They do not excuse harassment, discrimination, intimidation, deliberate sabotage, dishonest claims, retaliation, or conduct intended to undermine another participant's opportunities. Participants should raise concerns constructively and respect existing affiliations, attribution, and agreed responsibilities. Respectful criticism and good-faith complaints are welcome. Paninap's calculated network-building strategy must be pursued with honest intentions, transparent decisions, and humility.

2.5 Artist Applications and Membership

Submitting an inquiry, application, portfolio, or artwork does not automatically grant membership, a leadership position, an exhibition place, or a sales listing. The proposed onboarding process includes an application and portfolio review, interview and screening, post-screening identity verification where necessary, agreement acceptance, any disclosed fee or approved waiver, profile and artwork submission, artist approval of public information, membership confirmation, and orientation.

Specific membership rights, duties, duration, renewal, withdrawal, suspension, reconsideration procedures, and fees must be provided in a separate artist or membership agreement before acceptance. No membership fee amount is established by these Terms. The proposed founding-batch fee waiver will be addressed in the applicable membership offer or agreement. A membership certificate confirms community membership only; it is not a government license, professional accreditation, or proof that the movement is registered.

2.6 Artist Materials, Copyright, and Cultural Respect

Artists must submit accurate biographies and artwork details and confirm that they own or have permission to use the materials submitted. Authorship, collaborators, editions, dimensions, medium, condition, price, and provenance must be represented accurately where applicable. Culturally sensitive, sacred, or community-owned subject matter should be handled with appropriate consultation and permissions where required.

Copyright remains with the artist or other rights holder unless expressly transferred in a separate agreement. Submission or membership alone does not give Paninap unrestricted reproduction rights. Website publication, exhibitions, and promotional use require a defined, nonexclusive permission covering the agreed materials and purposes. Artists must have an opportunity to approve their public profile and artwork information before publication. Any sale, consignment, commission, or exhibition agreement must separately specify applicable commissions, payouts, delivery, damage or loss responsibilities, and return arrangements.

2.7 Privacy and Participation Permissions

Membership administration and optional marketing permissions are separate. Identity documents, signatures, private contact information, and payment records must not be published in public artist profiles. Public contact details, photographs, profile materials, and promotional uses require the appropriate permission. Necessary identity verification should use a private submission method, with data handling governed by our Privacy Policy and applicable law. Do not send identity documents through public comments or public profile submissions.

2.8 Concerns and Fair Process

Artists and community members may raise concerns, request correction of profile information, or seek reconsideration of participation decisions through the contact details in Section 21. Decisions should use documented criteria, manage conflicts of interest, and provide an opportunity to respond where appropriate. Protective restrictions may be necessary for safety, suspected fraud, or legal compliance. Detailed membership discipline and withdrawal procedures belong in the applicable membership agreement.

2.9 Relationship Between Agreements

These Terms govern website use and gallery services. A separate signed artist, membership, consignment, commission, exhibition, or partnership agreement governs the specific relationship it describes. The blueprint does not replace those agreements. Nothing in these Terms excludes rights or responsibilities that cannot lawfully be excluded, including applicable consumer, privacy, and intellectual property protections.

3. ELIGIBILITY

You must be at least 18 years of age and have the legal capacity to enter into an agreement to make purchases or independently accept binding artist or membership agreements. Younger artists may be considered for suitable community activities or participation with appropriate parent or guardian authorization and arrangements, subject to applicable law and the relevant activity or membership terms. Do not submit a minor's personal information without appropriate authorization.

4. ARTWORK AND PRODUCTS

4.1 Nature of Products

  • All artwork sold through Paninap Art Gallery consists of original pieces, limited editions, or collectible items
  • Each piece is unique and may not be replicated or reproduced
  • Product descriptions, images, and specifications are provided for informational purposes and represent our best efforts to accurately display our artwork

4.2 Authenticity

  • We guarantee the authenticity of all artwork sold through our gallery
  • Each piece is carefully curated and verified before being offered for sale
  • Certificates of authenticity may be provided with certain pieces

4.3 Availability

  • All artwork is subject to availability
  • We reserve the right to limit quantities or discontinue any product at any time
  • Due to the unique nature of original artwork, once sold, items may not be available again

4.4 Pricing

  • All prices are listed in Philippine Pesos (PHP) unless otherwise stated
  • Prices are subject to change without notice
  • We reserve the right to correct pricing errors

5. ORDERING AND PURCHASING

5.1 Order Acceptance

  • Your order constitutes an offer to purchase artwork
  • We reserve the right to accept or decline any order for any reason
  • Order confirmation does not guarantee acceptance; acceptance occurs when we ship the item

5.2 Payment

  • Payment must be received in full before artwork is shipped
  • We accept payment methods as displayed at checkout
  • All transactions are processed securely

5.3 Order Cancellation

  • Orders may be cancelled by us if payment is not received, the item is no longer available, or if we suspect fraudulent activity
  • Customer-initiated cancellations must be requested before shipment
  • Once artwork is shipped, cancellations are not permitted

6. OFFSITE TRANSACTIONS WITH ARTISTS

6.1 Direct Artist Transactions

  • Paninap Art Gallery may facilitate connections between customers and individual artists for direct transactions
  • When you engage in an offsite transaction (outside of our platform) with an artist, you are entering into a direct agreement with that artist, not with Paninap Art Gallery

6.2 Gallery's Role and Limitations

  • Paninap Art Gallery acts solely as a facilitator or intermediary for offsite transactions
  • We do not process payments, handle shipping, or manage fulfillment for offsite transactions
  • The gallery is not a party to any agreement between you and the artist

6.3 Artist Responsibility For all offsite transactions, the participating artist assumes sole and complete responsibility for:

  • Artwork quality, condition, and authenticity
  • Accurate product descriptions and representations
  • Payment processing and financial transactions
  • Packaging and shipping of artwork
  • Delivery timelines and tracking
  • Customer service and communication
  • Handling returns, refunds, or disputes
  • Compliance with all applicable laws and regulations

6.4 Customer Acknowledgment By engaging in an offsite transaction with an artist, you acknowledge and agree that:

  • Paninap Art Gallery is not responsible for the artist's performance or non-performance
  • All terms, conditions, pricing, and policies are determined solely by the artist
  • Our Return and Refund Policy does not apply to offsite transactions
  • These Terms of Service do not govern your relationship with the artist
  • You assume all risks associated with the offsite transaction

6.5 No Liability Paninap Art Gallery expressly disclaims all liability for offsite transactions, including but not limited to:

  • Quality, condition, or authenticity of artwork
  • Delayed, damaged, or lost shipments
  • Payment disputes or fraud
  • Misrepresentation or false advertising by artists
  • Breach of contract by artists
  • Any damages, losses, or injuries arising from offsite transactions

6.6 Dispute Resolution for Offsite Transactions

  • Any disputes arising from offsite transactions must be resolved directly between you and the artist
  • Paninap Art Gallery is not obligated to mediate, arbitrate, or resolve such disputes
  • We may, at our sole discretion, provide contact information or assistance, but we are under no obligation to do so

6.7 Recommendation We strongly recommend that you:

  • Verify the artist's credentials and reputation before engaging in offsite transactions
  • Obtain written agreements detailing all terms and conditions
  • Use secure payment methods that offer buyer protection
  • Request shipping insurance for valuable artwork
  • Maintain all correspondence and documentation related to the transaction

7. SHIPPING AND DELIVERY (GALLERY TRANSACTIONS)

7.1 Shipping

  • We ship to addresses within the Philippines and internationally (where available)
  • Shipping costs and estimated delivery times are provided at checkout
  • All artwork is carefully packaged to ensure safe delivery

7.2 Risk of Loss

  • Risk of loss and title for artwork passes to you upon delivery to the shipping carrier
  • We recommend purchasing shipping insurance for high-value items

7.3 Delivery Issues

  • You are responsible for providing accurate shipping information
  • We are not liable for delays caused by shipping carriers or incorrect addresses provided by customers

8. RETURNS AND REFUNDS (GALLERY TRANSACTIONS)

Our Return and Refund Policy is incorporated into these Terms by reference and applies only to transactions processed directly through Paninap Art Gallery. Please review our complete Return and Refund Policy for detailed information. Key points include:

  • All sales are final once artwork is purchased and shipped
  • Returns and refunds are strictly limited to specific circumstances (non-receipt or damaged items)
  • A $50 restocking fee applies to approved returns
  • Customers are responsible for return shipping costs

Note: This policy does NOT apply to offsite transactions with artists. Refer to Section 6 for offsite transaction terms.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

  • All content on our website, including images, text, logos, and artwork photographs, is owned by Paninap Art Gallery or our licensors
  • Purchase of artwork grants you ownership of the physical piece only, not reproduction rights

9.2 Copyright

  • Copyright and intellectual property rights in the artwork remain with the original artist unless explicitly transferred
  • You may not reproduce, distribute, or create derivative works from purchased artwork without permission

9.3 Website Use

  • You may not copy, reproduce, or use any content from our website for commercial purposes without written permission
  • Unauthorized use of our intellectual property may result in legal action

10. PROHIBITED USES

You agree not to:

  • Use our Services for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Use automated systems (bots, scrapers) to access the Services
  • Impersonate any person or entity or misrepresent your affiliation
  • Engage in fraudulent activities or provide false information
  • Resell artwork for commercial gain without proper authorization
  • Reproduce or distribute images of our artwork without permission

11. USER ACCOUNTS

11.1 Account Creation

  • You may be required to create an account to access certain features
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

11.2 Account Security

  • Notify us immediately of any unauthorized use of your account
  • We are not liable for losses resulting from unauthorized account access due to your failure to maintain security

12. PRIVACY

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection and use of your personal information as described in our Privacy Policy.

13. LIMITATION OF LIABILITY

13.1 Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANINAP ART GALLERY SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Damages resulting from your use or inability to use our Services
  • Damages relating to the condition, quality, or authenticity of artwork (except as expressly warranted)
  • Any claims, damages, or losses arising from offsite transactions with artists

13.2 Maximum Liability Our total liability to you for any claims arising from your use of our Services shall not exceed the amount you paid for the specific artwork giving rise to the claim (applicable only to gallery transactions).

13.3 Artwork Condition While we take great care in packaging and shipping, we are not liable for damage occurring during shipping once the item is in the carrier's possession (subject to our Return and Refund Policy for gallery transactions).

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Paninap Art Gallery, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your misuse of purchased artwork or our Services
  • Your participation in offsite transactions with artists
  • Any disputes between you and artists regarding offsite transactions

15. DISPUTE RESOLUTION

15.1 Governing Law These Terms are governed by and construed in accordance with the laws of the Philippines, without regard to conflict of law principles.

15.2 Jurisdiction Any disputes arising from these Terms or your use of our Services (excluding offsite transactions with artists) shall be subject to the exclusive jurisdiction of the courts of the Philippines.

15.3 Informal Resolution We encourage you to contact us first to resolve any disputes informally before pursuing formal legal action.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website.

16.2 Notification We will make reasonable efforts to notify you of material changes to these Terms.

16.3 Continued Use Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms.

17. MODIFICATIONS TO SERVICES

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our Services at any time
  • Change prices, products, or features without prior notice
  • Limit or terminate your access to our Services for violation of these Terms

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return and Refund Policy, govern your use of our website and general gallery services. Separate artist, membership, consignment, commission, exhibition, or partnership agreements also apply where expressly accepted. For matters specifically covered by such an agreement, its specific provisions take precedence over general provisions here, subject to applicable law. The blueprint remains a statement of vision and planned development, not a substitute for an accepted agreement.

21. CONTACT INFORMATION

For questions about these Terms of Service, please contact us:

Paninap Art Gallery
Phone/GCash: 09560458456
Facebook Page: Paninap Art Style
Facebook: Romel Abapo Obellano
YouTube: PANINAP ART (www.youtube.com/@paninapart)

22. ACKNOWLEDGMENT

By using our Services, you acknowledge these Terms and the applicable policies. Artist membership, publication permissions, and specific exhibition or sales arrangements require their own applicable agreements and permissions. Offsite purchases are separate transactions with the artist as described in Section 6. Nothing in these Terms removes any rights or liabilities that cannot be excluded under applicable law.