You may use our services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our services if you are a person under the age of thirteen (13) without the permission of your parent or guardian.
You will need to register for an account with us in order to use some of our services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
You are responsible for maintaining the confidentiality of your account password, and for any and all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.
The permission we give you to register for an account with us and use our services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sub license or otherwise transfer your account with us, or any access to or use of our services, to any third party.
Some of our services may be accessible on mobile devices. You agree not to use those services in a way that distracts you and prevents you from complying with any traffic or safety laws.
You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email.
In these Terms:
We respect the intellectual property rights of others and expect users to do the same.
Nothing in these Terms will prevent us from complying with any applicable law or regulation.
All Content is owned by us or by others who have licensed their content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights, laws, and regulations. Our services are also protected as a compilation and/or collective work under the U.S. and international copyright laws and other intellectual property laws and regulations.
The trademarks, service marks, logos, and product names displayed on or in connection with our services are the registered and unregistered trademarks and service marks of us or third parties in the U.S. and/or other countries.
As between you and us, we own and retain, solely and exclusively, all rights, title, and interest in and to our services, the look and feel, design and organization of our services, all our content, and the compilation of all content on our services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and any other intellectual property and proprietary rights therein.
These Terms do not grant you any ownership over any content, or any intellectual property rights in any content, although you remain the owner of any intellectual property rights that you may have in your user content.
Neither these Terms nor your use of our services grants you any license or permission under any copyright, trademark, or other intellectual property of us or any third party, whether by implication or otherwise.
These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
Certain images of artwork or other objects displayed on our services may be available to download and use independently outside our services (hereinafter referred to as "Open Access Images"). Open access images are sourced from the third parties that made the images available for unrestricted use.
You expressly acknowledge and agree that your use of open access images is at your own risk, and that we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any open access images in any way.
Please note that content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.
Subject to these Terms, you may access and view content within our services for your own personal, non-commercial use, in the context of your user experience with us, in accordance with the normal functionality and restrictions of our services.
We value open source software, and some software used in our services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.
Some services may enable you to post, embed or transmit some content in a way that will be accessible to others on our services or in other locations online (such as other websites and social media services). You may use such services in accordance with their normal functionality and restrictions, as permitted by any applicable Terms. However, the availability of such services does not imply or give you permission to reproduce, distribute or otherwise use such content in any other way, whether on our services or in any other location.
If you are a teacher, you may display content on our services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute content outside our services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our services, these Terms will apply to each of those students individually.
Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
Any commercial exploitation of any image or other content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
Our services include an online, virtual museum place where users may browse, list, market, demonstrate and exhibit artwork and other property. Our ыservices also include features that enable users to contact and communicate with us or other users about the property listed on our services or otherwise.
Minors are allowed to use our services only as our visitors. Any person that uses our services to list, market, demonstrate and exhibit property represents and warrants that she or he is at least eighteen (18) years old and is otherwise able to enter into and form binding contracts under applicable law.
Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, demonstrate and exhibit property on or through our services. For example, property ownership may needed to complete an additional registration process. These Terms apply to property owners, but these Terms alone do not give you permission to use our services as a property owner.
We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) users’ listings on our services or related user content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, demonstrated or exhibited (whether online or offline) by any user and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.
No statement made by any property owner about any property (whether orally, in writing, on our services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.
We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our services. We will not be liable to any user for doing so.
Our services may include links and features that enable you to access other websites or services, and other websites or services may include links to our services.
Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
You acknowledge and agree that we are not responsible and will not be liable for the accuracy or availability of any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
Some Services may enable users to submit, post, publish or otherwise provide user content. Each user is solely responsible for all user content that they provide on or through our services.
We do not endorse or make any representations or warranties of any kind with respect to any user content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our services (whether online, offline, orally, in writing or otherwise) by any user and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any user content and/or any such statements, ideas, advice or opinions is solely at your own risk.
You acknowledge that we have no obligation to review or screen any user content, and that by using our services, you may be exposed to user content that is inaccurate, misleading, offensive or otherwise objectionable.
Some user content may be marked as “featured” (or marked with other similar language) when it is provided on or through our services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by us.
We reserve the right, but have no obligation, to monitor and/or review any and all user content and/or communications transmitted on or through our services, to enforce or investigate potential violations of these Terms or our other policies or agreements with users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of us, you, or others.
We reserve the right to remove or refuse to display any user content on our services, in whole or part, if we believe that such user content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
You acknowledge that you are in the best position to know if your user content may be used in connection with our services. You are solely responsible for ensuring that your user content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
By submitting, posting, publishing or otherwise providing any user content on or through our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licenseable (through multiple tiers) right and license to use, host, store, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your user content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our services, and developing new services. You represent and warrant that: (i) you own or otherwise control all of the rights to your user content; and (ii) the use of your user content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to your user content, such as rights under applicable laws or other licenses.
We will not be liable or responsible for any user content, or for any use of your user content by us in accordance with these Terms.
Our services are based in the United States.
If you are located outside the United States, you agree to ensure that your access to and use of our services complies with all applicable local, state, national, and international laws and regulations.
You must not access or use our services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.
You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any user’s account and/or access to or use of any or all of our services, at any time at our sole discretion, if we believe that such user is violating the rights of any third party, that such user’s conduct may be exposing us or others to legal or financial liability, or that such user is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such user for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH WE AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES WILL ANY OF US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUR SERVICES, THE USE OF OR INABILITY TO USE OUR SERVICES, ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; ANY ARTWORK OR OTHER PROPERTY LISTED, MARKETED, DEMONSTRATED OR EXHIBITED (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
You agree that all claims or disputes you have against us arising out of or related to these Terms or our services must be resolved exclusively by a state or federal court located in Los Angeles County, California, U.S., whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Los Angeles County, California, U.S., for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.
These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of the State of California, and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.
You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or, if earlier, one (1) year after such claim arose, or else such claim will be permanently barred.
The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us. Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.
If you have questions about these Terms, please email us at: firstname.lastname@example.org.
These Terms are effective September 17, 2017.