TERMS OF USE
Effective date: February 12, 2014.
Thank you for visiting Artspace.com (the "Site") owned and operated by Artspace LLC. ("Artspace"). Your use of the Site indicates that you have read, understood and agree to these terms of use ("Terms"). If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Use of the Site
Artspace provides you with access to and use of the Site subject to your compliance with the Terms and the Site's Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
Your Account and Access
The Site is available to users 18 years and older, who are residents of the United States and who have not been suspended or removed by Artspace for any reason. You represent that you are a resident of the United States of America and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content it its sole discretion for any reason at any time including as a result of a violation of these Terms of Use, without notice. Accounts are void where prohibited by law.
Copyright Infringement. Notice and Take Down Procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent:
Artspace LLC
65 Bleecker St. 8th Floor
New York, NY, 10012
Email:service@artspace.com
Fax: 646-365-3350
If you become aware that material appears on this site in violation of a copyright please notify us by email at editor@artspace.com
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Artspace. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Artspace specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site's or Artspace's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
- Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses
- Abusing special discounts, awards or incentives offered by Artspace. Unless otherwise specified, only one offer is value per person, maximum two per household.
Security Rules
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content
You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating art collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
Selling on Artspace
Auctions
Artspace may make available the Artspace Auctions where sellers may offer goods for sale by auction to the highest bidder. Artspace is independent from the buyers and sellers that participate in the Artspace Auctions and no agency, partnership, joint venture, employee-employer or franchiser-franchisee or fiduciary relationship is intended or created by the operation of the Artspace Auctions. Artspace may, but is not obligated to provide intermediary services between the buyer and sellers using Artspace Auctions. Artspace reserves the right in its sole discretion and at any time including during an auction to refuse or revoke permission for sellers to offer goods or for buyers to submit bids.
How bidding works
All bids shall be in United States Dollars. Participating sellers and buyers may be required to register on the site, may select a username and password, and must agree to be bound by these terms. Buyers must register a valid credit card with Artspace and agree to pay a buyer’s premium to Artspace which shall be added to the successful bid price. The buyer’s premium shall be equal 15% of the successful bid price for bids on some auction items. The successful bidder shall pay the purchase price plus the buyer’s premium as the final purchase price. The agreements between the buyers and sellers shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Bids are submitted by clicking the “bid” button on the site; all bids are final and cannot be amended or retracted once submitted. All bids will be recorded by Artspace and such recording shall constitute the final and conclusive determination and record of each bid and the highest bid.
Seller's reserve price
Sellers may set a minimum price for an auction item (“Reserve Price”). A Seller is not required to accept any bids for less than the Reserve Price. If bids are placed below the seller’s Reserve Price, the bidder will be notified that the bid is below the Reserve Price.
Artspace bidding
Artspace may, through employees, submit bids on auction items that are subject to a Reserve Price. Artspace may (1) submit the opening bid on behalf of the seller at the Reserve Price, (2) place single or successive bids on behalf of the seller in response to other bids that are below the Reserve Price. In no circumstances will Artspace place a bid that is above the Reserve Price.
Place your bid
Enter any bid amount as long as it is greater than or equal to the "Next Minimum Bid" (displayed below the bid field) and click on "Place Bid". This will automatically place a straight bid at the next increment and hold the bid you submitted (if higher than the "Next Minimum Bid") as your "Maximum Bid". You will receive an email confirmation of your bid and will be notified by email when you are outbid.
By placing a bid each buyer irrevocable authorizes Artspace to immediately charge Buyer’s registered credit card an amount equal to the buyer’s premium.
Please note that if the auction moves to a physical live event (the auction page will specify this and the bidder will be noticed as such by email), the highest bidder after the close of the online auction will be the opening bid at the event and will be notified within 48 hours after the event if the bid is the final winning bid or been outbid by someone at the event.
Bidding Increments
When placing a bid, enter the maximum amount you are willing to pay for the work. Entering your "Maximum Bid" does not necessarily mean you will pay that price, you may pay less. The Auction system will Proxy Bid on your behalf up to the amount of your Maximum Bid. Once you enter your Maximum Bid, your current bid displayed will be in the amount of the "Next Minimum Bid." As the auction proceeds, Artspace will compare your bid to those of other bidders. When you are outbid, the system automatically bids on your behalf according to the bidding increments established for that auction up to (but never exceeding) your maximum bid. We increase your bid by increments only as much as necessary to maintain your position as highest bidder. Your maximum bid is kept confidential until it is exceeded by another bidder. If your maximum bid is outbid, you will be notified via email so that you can place another bid.
If the auction is a benefit auction or an auction with a physical event (which will be noted on the auction page), all online bids will be transferred to that event and Artspace or the organization running the event will continue to monitor your bids in person and continue Proxy Bidding on your behalf up to your maximum bid. Winning bidders will be notified within 48 hours after the close of the auction. If you are not contacted by Artspace, you were not the highest bidder.
Closing the Auction
Upon the close of each auction Artspace shall separately confirm the highest bid to the seller and notify the buyer submitting the highest bid that the bid was successful and the amount of the buyer’s premium due to Artspace to be charged to buyer’s credit card. Artspace shall thereupon charge buyer’s credit card in the amount of the buyer’s premium.
Upon receipt of the buyer’s premium Artspace shall email both the successful buyer and seller and shall provide each with the name, address, telephone number and email address of the other; buyer and seller are thereafter solely responsible for arranging for the transmission of payment of the purchase price within 24 hours of the transmission of the Artspace email and for prompt shipment of the goods after receipt of good funds. If for any reason after Artspace’s initial confirmation of the successful bid the buyer cancels the transaction or fails to make payment to the seller, the buyer shall remain liable to Artspace for the full buyer’s premium and Artspace reserves the right to retain such buyer’s premium in addition to any other remedies it has at law or equity.
Any dispute with respect to the auction of any item shall be resolved between buyer and seller and without the participation of Artspace. Seller is solely responsible for collecting payment from the buyer. Artspace does not guaranty and is not responsible in any way for the performance of buyers or sellers participating in the auction.
Responsibilities of Auction Buyers and Sellers
Goods offered on Artspace Auctions must be tangible goods that meet the requirements of the Site. Sellers shall not offer any goods for sale or consummate any transaction initiated on Artspace Auctions that violates or could cause Artspace to violate any applicable law, statute, ordinance or regulation. Artspace shall have sole discretion as to whether a specific item meets the requirements of the Site, which determination is final.
Sellers offering goods shall post a description of the goods offered and may set a minimum reserve price, a minimum overbid amount and the termination of the auction of the goods. Sellers agree to accept the highest bid above their set reserve price and to deliver the offered goods to the buyer submitting such highest bid. Any goods offered using a seller’s registration log in information shall be deemed by Artspace and any bidding buyer as being offered or authorized by that seller. Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered. Sellers represent that they are in compliance with all applicable laws, including without limitation those regarding the transmission of technical data exported from the United States or the country in which the seller resides as well as the restrictions on import or export of goods from the seller’s country to the buyer’s country.
By posting goods on the Artspace Auctions each seller represents and warrants that he/she holds free and marketable title to the goods offered and that the sale to any buyer will be free and clear of any and all liens or encumbrances. Sellers agree that Artspace Auctions will publish images and information in English relating to the goods offered by sellers. Sellers are solely responsible for descriptions of goods and all other content provided to Artspace by seller. Each seller agrees that Artspace may reformat content submitted by sellers in order to best serve the needs and formatting of the Artspace Auctions. Sellers grant Artspace a perpetual, irrevocable, royalty-free license to use the listing information in other areas of the site in our sole discretion.
Sellers are responsible for shipment of goods to successful bidding buyers upon receipt of the purchase price. Sellers must make shipment promptly on receipt of good funds from buyers. Sellers are responsible for collecting any and all applicable taxes from the successful buyer and for remitting such taxes to the applicable taxing authority.
Buyers are responsible for determining the value, condition and authenticity of the goods. Buyers participating in the Artspace Auctions represent and warrant by placing any bid that they are ready, willing and able to pay the purchase price bid, all applicable taxes and the buyer’s premium all within 24 hours of the close of the auction if they are the successful bidder. Any bids submitted using a buyer’s registration log in information shall be deemed made or authorized by that buyer. Each buyer placing any bid represents and warrants that such bids are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state laws. Each buyer is responsible for payment of New York State and local sales tax, any applicable use tax, any federal luxury tax or any other taxes assessed on the purchase of the goods. The buyer is solely responsible for identifying and obtaining any necessary export, import, or other permit for the delivery of the goods and for determining whether the goods are subject to any export or import embargoes.
Artspace not Responsible for Auction Submissions; No Representations or Warranties
Sellers and buyers agree that Artspace is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature. Artspace is not responsible for any errors or failures to execute bids placed online, including, without limitation, errors or failures caused by (1) loss of connection to the internet or to the online bidding software by any party, (2) a breakdown or failure of the online bidding software, or (3) a breakdown or failure of any seller’s or buyer’s internet connection or computer or (4) any errors or omissions in connection with the bidding process.
Open Positions on Careers Pages
We may list open employment positions on this web site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Site or made available through Site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
Privacy Policy; User Information
In the course of your use of the Site, you may be asked to provide certain information to us. Our use of any information you provide via the Site shall be governed by our Privacy Policy available at here artspace.com/privacy. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
International Use
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Proprietary Rights
As between you and Artspace (or other company whose marks appear on the Site), Artspace (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Artspace. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Artspace LLC, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Links from and to the Site
You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
INDEMNITY
You agree to defend, indemnify and hold Artspace LLC, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Artspace MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Artspace DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. Artspace IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Artspace, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Artspace TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Artspace OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF Artspace.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Applicable Law/Jurisdiction
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Artspace relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County. In addition, you expressly waive any right to a jury trial in any legal proceeding against Artspace its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to us at the address below.
Risk of Loss
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
Purchasing
Artspace and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. Artspace has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Artspace will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Artspace or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Notices
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
Contests
In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. All drawings will be conducted under the supervision of Sponsor. The decisions of the Sponsors are final and binding in all matters relating to this contest. Sponsors reserve the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or the Website located at www.artspace.com; to be in violation of the Terms of Service of the Website; to be acting in violation of these Official Rules; to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contests, Sponsor reserve the right to cancel, terminate, modify or suspend the Contest.
Limitations of Liability
SPONSOR DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. SPONSOR IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY SPONSOR ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.
SPONSOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. SPONSOR IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL SPONSOR, OR THEIR PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, AND AGENCIES, EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Disputes
As a condition of participating in Contests, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City and County of New York.
As a condition of participating in Contests, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City and County of New York.
As a condition of participating in Contests, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City and County of New York.
In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address
Contacting Us
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us or write to us at:
Artspace LLC
65 Bleecker St. 8th Floor
New York, NY, 10012
Email: service@artspace.com
Fax: 646-365-3350
General Information
The Terms constitute the entire agreement between you and Artspace and govern your use of the Site, superseding any prior agreements between you and Artspace. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Artspace and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Artspace or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Artspace's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2011 by Artspace LLC All rights reserved.
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