TERMS OF SERVICE
WHEREAS, ARTNETBOOK.com (hereinafter - ARTNETBOOK.com) is a supplier of comprehensive web services including, but not limited to, exhibition and advertising of art products (the "Services");
WHEREAS, you (“you” or “the Seller”) desire to subscribe to ARTNETBOOK.com’s Services;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and contract as follows:
1. ACCEPTANCE OF TERMS
1.1. Your access to and use of ARTNETBOOK.com (the “Website") and/or any Services is subject exclusively to these Terms of service. You shall not use the Website and/or the Services for any purpose that is unlawful or prohibited by these Terms of service and legal requirements. BY REGISTERING FOR AND USING THE WEBSITE OR THE SERVICES YOU ARE FULLY ACCEPTING THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THIS DOCUMENT AND ALL POLICIES AND GUIDELINES THAT ARE INCORPORATED BY REFERENCE. If you do not accept these terms of service you must immediately stop using the Website and/or the Services.
2. POLICIES AND GUIDELINES
3.1. The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
4. CHANGES TO WEBSITE
4.1. ARTNETBOOK.com reserves the right to:
4.1.1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ARTNETBOOK.com shall not be liable to you for any such change or removal; and
4.1.2. change any of the terms of service contained in this document or any policies or rules governing the Website and/or the Services at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Terms of service or such policies and rules on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Terms of service. Your continued use of the Website and/or the Services following any such revisions to the Terms of service or such policies and rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Website and the Services.
5. ARTNETBOOK.COM ROLE
5.1. ARTNETBOOK.com provides a platform for third-party sellers to exhibit and advertise works of art (the “Products”). ARTNETBOOK.com is not involved in any actual transaction between the Sellers and Website users and is not the agent of and has no authority for either for any purpose. As a Seller, you use the Website or/and the Services at your own risk.
5.2. ARTNETBOOK.com shall not verify or inspect the creditability or solvency of any Website users and shall not be responsible for any settlements between you and the Website users. In no case ARTNETBOOK.com is the owner of the Products and has no obligation to control and inspect the quality of the Products.
6. YOUR ACCOUNT
6.1. After you agree to be bound by these Terms of service and complete the registration form, ARTNETBOOK.com will establish an account for you (the "Account"). You shall not register more than one Account with ARTNETBOOK.com.
6.2. Use of the Website or/and the Services are limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, valid credit card information and other information required in the registration form. ARTNETBOOK.com will apply its undertakings and exercise its rights referring to this information. You authorize ARTNETBOOK.com to verify the accuracy of your information and to perform credit or background checks as it desires. ARTNETBOOK.com may deny or terminate any account to any person for any reason.
6.3. You are solely responsible for maintaining the confidentiality of your unique logon ID and password, and for their use. As traffic on this Website and system may be monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
7.1. As a Seller, you may list any item (the “Product”) on the Website unless it is a prohibited item defined in or similar to the items listed at the Prohibited Products List http://www.2checkout.com/documentation/prohibited.html. ARTNETBOOK.com may change the Prohibited Products List in its discretion, without notice to you or your consent ARTNETBOOK.com shall have no liability or obligation for any changes in the Prohibited Products List, even if the addition of a Product to the Prohibited Products List eliminates all your Products.
7.2. By listing a Product in the Website, you represent and warrant to ARTNETBOOK.com that you have the right and ability to exhibit and advertise the Product and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. ARTNETBOOK.com retains the right to immediately halt any exhibition, prevent or restrict access to the Website or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized Products, any unlawful Products, or any Products otherwise prohibited by these Terms of service or applicable law or in any other case in its sole discretion.
8. CONTRACT FORMATION
8.1. ARTNETBOOK.com will try to process your subscription promptly but does not guarantee that your subscription and/or the Services will be activated by any specified time. By submitting your payment and other registration details, you are making an offer to us to buy the Services. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to the Services. ARTNETBOOK.com reserves the right to reject any offer in its discretion, for any or no reason.
9. PRICING AND TERMS OF PAYMENT
9.1. ARTNETBOOK.com charges a membership fee (the “Fee”) for the Services. The Fees will be made clear to you on our sign-up pages or otherwise during the sign-up process and are provided at http://www.artnetbook.com/prices/, which is an integral part of these Terms of service. Prices may be subjected to VAT. Please note that in order to use the Services you must obtain access to the World Wide Web, which may be separately priced by your internet provider.
9.2. Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per person and one per email address are allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given six-month period unless otherwise stated in the offer.
9.3. If you don't cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. ARTNETBOOK.com reserves the right to increase the Fees or institute new charges upon reasonable notice. The Fees are due in advance. You may cancel your membership at any time and receive a pro-rated refund by contacting ARTNETBOOK.com.
9.4. Your membership will automatically renew for the quarterly, annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership Fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us.
9.5. Unless you cancel your subscription before ARTNETBOOK.com has started providing any part of the Services to you, then you agree that once ARTNETBOOK.com has started providing any part of the Services to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of the Services to you. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period.
10.1. All copyright, trademarks and all other intellectual property rights in the Website and online gallery software/system and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ARTNETBOOK.com or otherwise used by ARTNETBOOK.com as permitted by law. 10.2. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
11. SUBMITTED CONTENT
11.1. You unconditionally warrant that any Product characteristics submitted by you in the Website and any other information, data and/or content you provide to the Website users or ARTNETBOOK.com (the "Content"): (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of ARTNETBOOK.com or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and, (v) will not create liability for ARTNETBOOK.com.
11.2. By submitting the Content to the Website, you grant to ARTNETBOOK.com the following rights to the Content: (i) the non-exclusive, worldwide, royalty free, perpetual, non-revocable license and right to copy, publish and distribute the Content in any form and in any language and the right to translate and publish and distribute Content to other internet sites under license with ARTNETBOOK.com; (ii) the right to create derivative works from the Content, the right to include the Content in advertising and promotion, and the right to sub-license, reproduce, resell, and redistribute the Content, and any derivative works thereof, to third parties in any medium and anywhere in the world without compensation to you.
12.2. You acknowledge and agree that ARTNETBOOK.com may provide the Website users with information that is reasonably necessary for them to communicate with you regarding any issues that may arise in connection with their purchase or referral. You agree that ARTNETBOOK.com shall not be liable for the collection and/or disclosure of such information by ARTNETBOOK.com.
12.3. You shall not to use any information about other Sellers, Website and/or Services users which may become known to you from the Website or which may be disclosed to you by ARTNETBOOK.com, except to enter and complete transactions, and not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct ARTNETBOOK.com deems unacceptable or objectionable.
13.1. At any time and for any reason in its sole discretion ARTNETBOOK.com may terminate this agreement, your access to the Website and/or the Services, your Account and may halt any pending listings or sales at any time without notice to you. ARTNETBOOK.com shall have no liability or obligation for the termination of this agreement.
14.1. You agree to indemnify and hold ARTNETBOOK.com, its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ARTNETBOOK.com arising out of any breach by you of these Terms of service or other liabilities arising out of your use of this Website or the Services.
15. EXCLUSION OF WARRANTIES AND LIABILITY
15.1. ARTNETBOOK.COM DOES NOT WARRANT THE CONTENT, ACCURACY OR VERACITY OF ANY MATERIAL OR OTHER INFORMATION ON THE WEBSITE, THE RESPONSIBILITY FOR WHICH RESTS WITH YOU.
15.2. YOU SHALL ACCEPT THE WEBSITE AND THE SERVICES "AS IS" WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
15.3. IN NO EVENT WILL ARTNETBOOK.COM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY YOUR OR WEBSITE USERS’ ACCESS TO, OR USE OF THE WEBSITE AND/OR SERVICES, ANY MATERIAL THEREON OR ANY PRODUCTS, GOODS, MATERIALS OR SERVICES AVAILABLE THEREFROM, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR OTHERWISE, EVEN IF ARTNETBOOK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS EXCLUSION OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNLAWFUL, BUT THAT LIABILITY MAY BE LAWFULLY LIMITED, ARTNETBOOK.COM'S AGGREGATE TOTAL LIABILITY TO YOU FOR ALL SUCH DAMAGES AND LOSSES SHALL BE LIMITED TO THE [50 USD].
15.4. BECAUSE ARTNETBOOK.COM IS NOT INVOLVED IN ANY TRANSACTIONS BETWEEN THE SELLERS AND THE WEBSITE USERS, IN CASE OF A DISPUTE BETWEEN ONE OR MORE WEBSITE USERS AND SELLERS, YOU SHALL RELEASE ARTNETBOOK.COM (INCLUDING ITS AGENTS AND EMPLOYEES) FROM ANY CLAIMS, DEMANDS, AND ACTUAL AND CONSEQUENTIAL DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
16. MISCELLANEOUS PROVISIONS
16.1. If any section or portion(s) of these Terms of service is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of these Terms of service, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and these Terms of service shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties' original intent.
16.2. These Terms of service are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of service shall be null and void. Artnetbook.com may freely assign these Terms of service without consent or notice.
16.3. These Terms of service shall be interpreted and governed in general by the substantive laws of the Swedish law without respect to the conflict of laws provisions. Any dispute or claim with respect to the validity, construction or enforceability of these Terms of service or arising out of or in relation to these Terms of service, or for the breach hereof shall be initially resolved by the parties in good faith within thirty (30) days from the day of notice by any of the parties to the other party as to the existence of a dispute or claim. If the parties are unable to settle the dispute, controversy or claim arising out of or in connection with these Terms of service, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.