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Summery of Terms of Use
You agree to provide true and correct information about yourself in the Registration Form.
You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
You agree not to use the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail.
Please report any violations of the Terms of Use to us at: support@ART-NY.com
Acknowledgment and Acceptance of Terms of Use
We are pleased to provide you with ART-NY.com (the Service) under the Terms of Use, any amendments to the Terms of Use, and operating rules and policies (collectively, the Terms of Use). We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Use at any time. But if we do make changes, we will notify you by posting a message on the Service, or sending a message to you via e-mail.
By accepting the Terms of Use, you agree to (a) provide accurate, complete and current information as prompted by the Registration Form, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.
As part of the registration process, you will select a password and user name. Choose carefully. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
Registered Users may maintain only one active registration with ART-NY.com. By accepting the Terms of Use, you warrant that you have no other registration(s) with ART-NY.com. If you forget your user name or password, you may follow our online instructions to retrieve user information via your registered email.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF USE. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your membership by sending e-mail to: admin@ART-NY.com (see Section 8 regarding termination of service).
Trademarks
Certain marks used on the Site are registered trademarks or service marks of Art.com or our affiliated companies, in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Art-NY.com. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than Art.com or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by Art.com or our affiliated companies that appear on this site are the property of their respective owners, and may or may not be used without their prior written consent.
Member Conduct
The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the art and investment community.
ART-NY.COM assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material on ART-NY.com and it does not endorse any opinions or recommendations posted by members or registered users nor does it give art-related investment advice or advocate the purchase or sale of any type of artwork. You should exercise discretion and skepticism before relying on information in messages or art submissions, since it may be incorrect or misleading. Users may pretend to be people that they're not. Some may have bad intentions or may have bad information - so beware! You should make an independent investigation before making any major financial decisions, and if you rely on information posted by other users you do so solely at your own risk.
Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable.
a) Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
b) Providing false information on your registration form, or impersonating someone else.
c) Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail.
d) Posting improper or off-topic messages or posting more than five messages in six hours.
e) Violating the letter or spirit of the Terms of Use.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.
You agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. You agree to waive and hold ART-NY.COM harmless from any claims relating to any action taken by ART-NY.COM as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts and art submissions from the ART-NY.COM site or the suspension or termination of your account. If you believe someone has used your password or account without your authorization, you must notify ART-NY.COM immediately at admin@ART-NY.com.
ART-NY.COM reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
Proprietary Rights to Content
The content available through the Service is the property of Internet for the Fine Arts, its licensors, or its members and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, repost, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without our express prior written consent.
Disclaimer of Warranties and Liability
ART-NY.com is provided AS IS and AS AVAILABLE, without warranty of any kind.
ART-NY.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C)WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ART-NY.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ART-NY.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL ART-NY.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. ART-NY.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF ART-NY.COM, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID ART-NY.COM FOR THE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
7.1 You agree to indemnify and hold ART-NY.COM, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, failure to answer art inquiries in a timely manner, failure to maintain an active email, failure to maintain accurate prices, failure to login for more than three months, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. ART-NY.COM shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.
Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify ART-NY.COM of termination by sending an e-mail to: admin@ART-NY.com. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.
Laws
9.1 The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the state of Texas for any for any cause or action arising out of or relating to the Service or these Terms of Use.
You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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