TERMS AND CONDITIONS OF USE
LICENSE TO USE THE SITE AND SERVICES
you a non-exclusive, non-transferable, limited right to access, use, and
display the Site and Services, and the texts, images, articles, photographs,
illustrations, audio, graphics, graphs, video clips, and other materials
(“Content”) thereon, for your personal informational use only, if you comply
fully with these Terms. You may not modify, create derivative works from,
participate in the transfer or sale of, post on the web, or in any way exploit
the Site or Services or any portion thereof for any public or commercial use
without the express written permission of ArTrade. You may download one copy of
Content from the Site and Services for your personal informational use only,
provided that you maintain all copyright, attribution, and other notices
contained in such Content, including, without limitation, trademarks and
service marks of ArTrade and its affiliates or the copyright holder identified
in the individual content’s copyright notice. You may not distribute, transmit,
reproduce, publish, license, rewrite, create derivative works from, transfer,
or sell any Content contained on this Site or Services without the express
prior consent of the copyright owner. None of the material contained on the
Site or Services may be reverse-engineered, disassembled, decompiled,
transcribed, stored in a retrieval system, translated into any language or
computer language, retransmitted in any form or by any means, including,
without limitation, electronic, mechanical, photo reproduction, recordation or
otherwise, without the prior written consent of ArTrade. Any images of artworks
on the Site or Services are provided for use only in the context of the Site or
Services and are subject to all of the limitations set forth herein. All rights
not expressly granted herein are reserved to ArTrade.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy ArTrade’s Site, Services, or any content contained thereon or for any other purpose without ArTrade’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on ArTrade’s infrastructure.
Content, Site, and Services are also protected by the United States and
international intellectual property laws including, without limitation,
copyright, trademark, trade services, moral rights, rights of privacy, and
rights of publicity (“Intellectual Property Rights”). ArTrade or its licensors
own all Intellectual Property Rights in and to the Content, Site, and Services.
You agree to abide by any and all copyright notices, information, or
restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of ArTrade and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
ARTRADE’S RIGHTS TO MATERIALS PROVIDED BY USERS
your participation on the ArTrade Site and Services. By sending messages to ArTrade,
uploading or posting files, images, text, data, content, or other materials on
the Site, or by otherwise providing information or communications to ArTrade (individually
or collectively “Communications”) to or within the Site or Services,
you grant to ArTrade a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use (including use for promotional and
advertising purposes), copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit, create derivative works,
and otherwise exploit such Communications and any ideas or original materials
contained in these Communications for any purpose and in all media now known or
hereafter developed. This grant includes the right to exploit any and all
proprietary rights in such Communications including, without limitation, any
and all Intellectual Property Rights in any relevant jurisdiction. You waive
all rights you may have to inspect and/or approve any use by ArTrade of any
material or idea submitted by you in any Communications or to receive any
compensation for such use. You waive all rights to any claim against ArTrade for
any alleged or actual infringements or misappropriation of any Intellectual
Property Rights in connection with such Communications. You agree and
understand that ArTrade is under no obligation to use any Communications
submitted by you on the Site or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to ArTrade, or that you have enough rights in and to the Communications to grant to ArTrade the above license.
NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
acknowledge that Communications to and from the Site and any Services are not
confidential, and your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to ArTrade or the Site or
Services, no confidential, fiduciary, contractually implied, or other
relationship is created between you and ArTrade, any ArTrade affiliate, or
subsidiary other than pursuant to these Terms. ArTrade shall not be responsible
for the payment of any money to any party in connection with ArTrade’s use of
Communications submitted by you to the Site.
Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of ArTrade. ArTrade does not assume any responsibility for the consequences of Communications on, or any communications or results arising from the use of the Site or Services. ArTrade does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users; ArTrade does not endorse any opinions expressed by such users. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
ArTrade Worldwide Corporation
466, Hilltop Avenue
While ArTrade considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree that ArTrade has the right, but not the obligation, to monitor your Communications on the Site or Services at any time, for any reason, in its sole discretion, to determine compliance with these Terms and any other rules, policies, or guidelines that ArTrade may establish. Notwithstanding this right, ArTrade does not and cannot review all materials posted to the Site or Services by users. ArTrade reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request, or if, in ArTrade’s sole discretion, such materials are objectionable or in violation of these Terms. ArTrade has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
Disrespecting the privacy or views of other users
Using ArTrade, the Site, or the Services for unlawful purposes or to promote any unlawful activities
Impersonating or harassing another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users
Transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”
Submitting a Communication that infringes, misappropriates, or encourages infringement or misappropriation of the Intellectual Property Rights of others,or that is obscene, defamatory, harmful, abusive, threatening, or false
Submitting a Communication that violates any law or regulation
Posting irrelevant Communications or posting Communications in inappropriate categories
10 DISCLAIMER OF WARRANTIES
not represent or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed or distributed through the Content,
Site, or Services. You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be at your sole risk. ArTrade
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the Site or Services.
LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
not liable for any lost data resulting from the operation of the ArTrade Site,
provision of Services, and/or the enforcement of the Terms. ArTrade urges all
users to maintain their own back-up versions of any Communications they provide
for submission to the Site or Services.
ArTrade disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. ArTrade is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.
TERMS OF SALE
DEFINITION OF PRODUCTS AND SERVICES
ArTrade offers a variety of products and services. Below is a definition of all products and services available on the ArTrade Site, and which are included in the term “Products.” Pricing and other details about a Product are set forth on the product page for the applicable Product on our website; and such pricing and other details are expressly incorporated by reference into the terms of this agreement
PRICES AND TERMS
MODIFICATION OF PRICING AND BILLING TERMS
reserve the right at any time to institute new prices, and to change the amount
of or the basis for determining any prices or charges with respect to the
Products, or charge taxes applicable to the sale of our Products. You agree to
pay all charges, including applicable taxes, in accordance with the billing
terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.
Products are advertised in Canada dollars on ArTrade.com, and in dollar on ArTrade.de
You can modify this address at any time, and changes will be reflected in your subsequent renewal and/or overage charge(s). You can cancel your subscription at any time without penalty.
ArTrade is not responsible for any loss buyer or seller suffer if they did not able to make a deal decided while making contract
terminate any Price Database or Market Alerts subscription
under this Agreement by clicking on the “Cancel” icon located on the
My Account page of the ArTrade Site. You may terminate your Gallery
Networkmembership by submitting a written notice to your representative (by
either clicking the link “Contact My Rep” on your My Account page, or by
sending an email directly to your representative). The effective date of such
termination will be the end of the current billing period indicated on the My
Account page. In the event you initiate a reactivation of any subscription for
any auto-renewing Product under this Agreement after a request for termination,
the termination shall be null effective as of the date of such reactivation,
and this Agreement will continue to be in effect. In the event of the
termination of your subscription for any Product, you shall be responsible for
payment of all charges through the rest of the subscription term for this
Product and payment for any additional searches over the prescribed search
limit for your subscription for such Product or other overages. You will also
forfeit rights to any Accumulated Searches, if any. You shall not be entitled
to any refund as a result of the termination of your subscription to any
Product under this Agreement.
USE OF PRODUCTS AND SERVICES
- ArTrade’s is not responsible for any deal between buyer and seller
- It is individual either buyer or seller’s personal responsibility to follow or interact with each other and make successful deal as per their contract.
- It is against Artrade policy if Buyer or seller change the deal price or condition which is already posted by seller during making deal with Artrade
4It shall be the gallery member’s sole and exclusive responsibility to secure any necessary permission and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third parties. The member represents and warrants that it has the right to publish the materials supplied to ArTrade and to grant ArTrade the rights licensed herein, and that such materials do not infringe on any third party’s rights and are not otherwise unlawful. The member grants ArTrade an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, distribute, or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by the member to ArTrade (collectively, the “materials”) for all purposes, in any format or media now known or hereinafter invented.
5. We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username, password, or IP address to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, or IP restriction, you must immediately contact the ArTrade customer support team. You agree to cooperate with us to stop further abuse should it occur.
6. We reserve the right to issue replacement usernames and/or passwords at any time.
7. You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of ArTrade.
8. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.
10 DISCLAIMER OF NO WARRANTY
ArTrade, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.
11 LIMITATION OF LIABILITY
not be liable to you for any loss or damage whatsoever resulting from omissions
or inaccuracies in the Products regardless of how it was caused, including, but
not limited to, the omission of any transactions from our databases, reports,
and indices. We do not warrant that access to the Products will be free from
errors or faults. In the event of a fault, you shall notify the ArTrade customer
support team by telephone, email, or letter, and we shall use reasonable
efforts to correct those faults or errors reported by you.
We shall not be liable for any claim or loss arising from:
(a) Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product
(b) Any failure by you to take steps recommended by us to resolve a fault in any Product
(c) Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us
(d) Your inability to use any Product due to website downtime
To the fullest extent permitted by applicable law, ArTrade does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.
ArTrade encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results. Returns shown in ArTrade Indices and Analytics Reports may not represent the results of actual sales transactions.
To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.
Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.
13 GOVERNING LAW
This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New York, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of New York or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of New York (in the case of state court) or in the Southern District of New York (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.