THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of non-auction products through the LocalArt’s Digital Platforms will be governed by the applicable Terms of Sale, and your participation in online auctions shall be governed by the Conditions of Sale applicable to the relevant auction. LocalArt’s Home consignments and purchases are governed by terms located at www.localart.net .
1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to a LocalArt’s representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
2. Proprietary Rights. As between you and LocalArt’s, LocalArt’s owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and LocalArt’s (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
4. Prohibited Use.
Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of LocalArt’s or the applicable rights holder.
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
(c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by LocalArt’s through any means, including through password mining;
(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of LocalArt’s or any third party's intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;
(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platforms;
(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of LocalArt’s or any third party; or
(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to LocalArt’s, SPTC, Inc., or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by LocalArt’s or the applicable Trademark owner.
We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
You may register for an account on the LocalArt’s Websites. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by LocalArt’s and others due to any unauthorized use of your account.
8. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read "LocalArt’s" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to LocalArt’s, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: LocalArt’s, 1334 York Avenue, New York, New York 10021, Attention: Website Management.
10. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase or download.
12. Copyright Agent. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to LocalArt’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Jonathan A. Olsoff
EVP & General Counsel
1334 York Avenue, New York, New York 10021
T: (212) 606-7175
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH LOCALART'S OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:
(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;
(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED;
(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LOCALART’S SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
YOU UNDERSTAND THAT YOU AND LOCALART’S ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
16. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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