LICENSE TO USE THE SITE AND SERVICES
Künstlr grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of Künstlr. You may download one copy of Content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such Content, including, without limitation, trademarks and service marks of Künstlr and its affiliates or the copyright holder identified in the individual content’s copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of Künstlr. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Künstlr.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, another automatic device, or manual process to monitor or copy Künstlr’s Site, Services, or any content contained thereon or for any other purpose without Künstlr’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Künstlr’s infrastructure.
The Content, Site, and Services are also protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). Künstlr or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Künstlr and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
TERMINATION OR CHANGE TO SITE OR SERVICES
Künstlr shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. Künstlr may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that Künstlr may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if Künstlr reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Künstlr or any third party, or for any reason, with or without notice to you. You agree that Künstlr will not be held liable to you or any third party as a result thereof.
THIRD PARTY CONTENT AND WEBSITES
As further explained below, some of the Content on the Site is contributed by third parties. Such Content does not necessarily represent the views or opinions of Künstlr. Künstlr does not assume any responsibility for third-party Content Communications posted on the Site or Services. Künstlr does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content. ANY RELIANCE UPON CONTENT POSTED ON THE SITE OR SERVICES BY THIRD PARTIES IS AT YOUR OWN RISK.
The Site and some Services may contain links and pointers to third-party sites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by Künstlr or any of its subsidiaries and affiliates of any third party, its site, resources, or content. Künstlr cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. Künstlr has no control over these sites or the content within them. Künstlr does not warrant that any third-party site will be free of viruses, or that they will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
KÜNSTLR’S RIGHTS TO MATERIALS PROVIDED BY USERS
Künstlr welcomes your participation on the Künstlr Site and Services. By sending messages to Künstlr, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to Künstlr (individually or collectively “Communications”) to or within the Site or Services, you grant to Künstlr a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by Künstlr of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against Künstlr for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that Künstlr is under no obligation to use any Communications submitted by you on the Site or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to Künstlr, or that you have sufficient rights in and to the Communications to grant to Künstlr the above license.
NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Künstlr or the Site or Services, no confidential, fiduciary, contractually implied, or another relationship is created between you and Künstlr, any Künstlr affiliate, or subsidiary other than pursuant to these Terms. Künstlr shall not be responsible for the payment of any money to any party in connection with Künstlr’s use of Communications submitted by you to the Site.
Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of Künstlr. Künstlr does not assume any responsibility for the consequences of Communications on, or any communications or results arising from the use of the Site or Services. Künstlr does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users; Künstlr does not endorse any opinions expressed by such users. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.
Claims of Infringement:
Künstlr respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Künstlr will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Künstlr will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide Künstlr’s Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”):
Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated address:
Van Imhoffstraat, 2A
The Hague, 2595 SE
While Künstlr considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether the use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree that Künstlr has the right, but not the obligation, to monitor your Communications on the Site or Services at any time, for any reason, in its sole discretion, to determine compliance with these Terms and any other rules, policies, or guidelines that Künstlr may establish. Notwithstanding this right, Künstlr does not and cannot review all materials posted to the Site or Services by users. Künstlr reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request, or if, in Künstlr’s sole discretion, such materials are objectionable or in violation of these Terms. Künstlr has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
Disrespecting the privacy or views of other users
Using Künstlr, the Site, or the Services for unlawful purposes or to promote any unlawful activities
Impersonating or harassing another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users
Transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”
Submitting a Communication that infringes, misappropriates, or encourages infringement or misappropriation of the Intellectual Property Rights of others, or that is obscene, defamatory, harmful, abusive, threatening, or false
Submitting a Communication that violates any law or regulation
Posting irrelevant Communications or posting Communications in inappropriate categories
You agree to indemnify, defend, and hold harmless Künstlr, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including,without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Künstlr reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of Künstlr.
DISCLAIMER OF WARRANTIES
Künstlr does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Künstlr reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. AND THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.
NEITHER KÜNSTLR NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
Künstlr is not liable for any lost data resulting from the operation of the Künstlr Site, provision of Services, and/or the enforcement of the Terms. Künstlr urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.
Künstlr disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Künstlr is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.
UNDER NO CIRCUMSTANCES SHALL KÜNSTLR, ITS SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KÜNSTLR, ITS SUBSIDIARIES, AND AFFILIATES 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 THESE TERMS, THE SITE, OR ANY SERVICES EXCEED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NON-UNITED STATES RESIDENTS
Künstlr makes no representation that materials in the Site or Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the United States 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 that monetary damages may not provide a sufficient remedy to Künstlr for your violation of these Terms, and, accordingly, you acknowledge and agree that Künstlr is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Künstlr under these Terms, at law, or in equity. Künstlr may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Künstlr is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled “Ownership,” “Termination or Change to Site or Services,” “Künstlr’s Rights to Materials Provided by Users,” “No Responsibility for User Transmitted Material,” “Copyright Policy,” “User Conduct,” “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability, Exclusion of Damages,” “Non-United States Residents,” “Additional Remedies,” “Survival,” and “General Provisions” will survive termination of these Terms, together with all other terms and conditions that by their nature or context are intended to survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of The Hague, without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then-current rules of the American Arbitration Association (“AAA”). The arbitrator’s award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration will occur in The Hague, NY. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate. These Terms constitute the entire agreement between you and Künstlr with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Künstlr of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Künstlr must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
KÜNSTLR SUBSCRIPTION AGREEMENT AND TERMS OF SALE
The Subscription Agreement and Terms of Sale (hereafter, the “Agreement”) governs your use of Künstlr products and services more fully described below (“Products”), and creates a legally binding agreement between you and Künstlr.nl (“we,” “us,” “our,” or “Künstlr”). By checking the box marked “I accept Künstlr Terms and Conditions” at the bottom of the registration page, you accept and agree to be bound by this Agreement.
Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. Changes to this Agreement may be posted on our website without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use Künstlr products.
DEFINITION OF PRODUCTS AND SERVICES
Künstlr offers a variety of products and services. Below is a definition of all products and services available on the Künstlr Site, and which are included in the term “Products.” Pricing and other details about a Product are set forth on the product page for the applicable Product on our website, and such pricing and other details are expressly incorporated by reference into the terms of this Agreement.
The Art Network is an interactive platform that effectively promotes art spaces and businesses on the web. Membership to Künstlr gives any creative institution a presence on the global art market through the Künstlr Site. Collectors who are actively searching to buy artworks are seamlessly brought to each gallery’s offerings on Künstlr. The Gallery Network network engages more buyers than the largest art fairs.
There are three levels of membership: Free, Basic, and Premium. Each level provides the member with a site on Künstlr with varying numbers of functions and flexibility. Memberships can be applied for online, or by contacting a member of the Künstlr sales team. All subscriptions automatically renew and can be paid monthly, quarterly, or annually.
PRICES AND TERMS
There are three types of payment methods for Künstlr Products:
- Annual recurring payments for Products renewing on a 365-day basis
- Monthly recurring payments for Products renewing on a 30-day basis
- One-time payments for services which do not renew
All Product prices are listed on each product page describing the subscriptions and in the registration page and cart. You agree to pay the price for the Product indicated in the pricing schedule set forth on these pages. At the time of account creation or purchase, you need to provide accurate information regarding your account, including a valid credit card, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with Künstlr. Your purchases of any Künstlr product will be billed in the currency of the country listed in your credit card billing address.
Annual recurring payments
If you have purchased an annual subscription online, such as the Price Database Fine Art and Design Expert, Appraiser, or Specialist subscriptions and/or the Price Database Decorative Art annual subscription, your credit card indicated in the registration process (or on your My Account page if the subscription is an addition to a previously purchased product) will be fully charged upon sign up. You agree that you will pay the full price for the whole year upfront. All annual subscriptions renew automatically until canceled by the user. If the renewal charge fails, the subscription will expire.
If you have purchased a custom annual subscription, such as the Price Database Fine Art and Design annual subscription, the Price Database Decorative Art Institutional subscription, or the Market Alert annual subscription, you agree to pay in the installments as agreed to upon purchase. All annual subscriptions renew automatically. If the renewal charge fails, as a courtesy, we will keep the subscription active for 30 days and attempt to obtain new billing information. During that 30-day period, we will attempt to charge the card on file daily until the information is updated or the subscription is canceled by the user via phone or email.
Monthly recurring payments
If you have purchased a subscription with a monthly recurring payment, such as the Price Database Fine Art and Design Individual Rollover or Professional Rollover subscriptions, the Price Database Decorative Art illustrated Monthly subscription, the Market Alerts monthly subscriptions, or the Market Alerts feature “Auction Results Alerts,” your credit card indicated in the registration process (or on your My Account page if the subscription is an addition to a previously purchased product) will be initially charged upon sign-up. All monthly subscriptions renew automatically until canceled by the user. Additionally, any over-the-limit searches, if applicable, will be charged at the time of the subscription renewal. You are responsible for keeping your credit card information correct and up to date.
As long as you have paid all fees when due, and kept your account payments up to date, we will carry over any unused searches under the Individual Rollover and Professional Rollover subscription to a maximum of two months’ accumulation (“Accumulated Searches”).
Monthly recurring payments for Gallery Network memberships will begin to charge the credit card associated with your account upon activation of your site on Künstlr. The subscription will automatically renew every 30 days, and your credit card will be charged at this time unless you cancel the subscription. We are not responsible for bank fees or penalties. If your credit card declines on any renewal date, we reserve the right to automatically terminate your subscription. This Agreement will constitute your copy of your recurring payment authorization to Künstlr. Please print and retain a copy of this Agreement for your records.
Prorated billing is valid for the Market Alerts feature “Auction Results Alerts,” and for all product upgrades. If you enable the feature or upgrade to a different subscription on a different day of the month than when your main subscription renews, you will only be charged a prorated amount for this feature until your main subscription renews. On this renewal date, and on all the following ones, your credit card will be charged for the full amount.
If you have purchased a Product with a one-time payment, such as the Analytics Reports, Analytics Report Packages, or Market Reports, you agree to pay the indicated price at the time of purchase. Your credit card indicated in the registration process (or on your My Account page if the subscription is an addition to a previously purchased product) will automatically be charged for these Products.
If you purchase a group of reports (a “Report Package”), you agree to pay for a specified number of Künstlr Analytics Reports in advance, which you can use to create reports in the future. Report Packages of 10, 25, and 100 reports are available. All of Künstlr Analytics Reports, except prepared reports, can be purchased with Report Package credits; each report costs one Report Package credit. Report Packages are linked to the Künstlr username you use when you purchased the package, and you will need to sign in under that username in order to use your Report Package credits. Note that if you have purchased a Report Package that has not been fully used yet, you must use the Report Package to purchase a report, and you will not be able to purchase a single report under the same username with a credit card until the Report Package has been completely used. Credits are available for 365 days from the time of purchase, and unused credits will not be redeemed, refunded, or transferred to another user.
You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however, designated, which result from the purchase of our Products. When Künstlr is required to collect such taxes from you, Künstlr may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by Künstlr with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.
Modification of pricing and billing terms
We reserve the right at any time to institute new prices and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.
Except if otherwise expressly stated, Künstlr will not refund any subscriptions or over-the-limit searches that have been purchased. When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away. You can, however, cancel your subscription as described in the “Termination” section of this Agreement.
DISPUTE OF CREDIT CARD CHARGES
If you have a disagreement regarding a credit card charge, you may contact the Künstlr customer support team in writing within 90 days of the date of the initial credit card charge. You agree that Künstlr is not liable for any charges or errors not reported within such 90-day time frame, and you expressly waive any right to dispute a charge to your credit card if you have not contacted Künstlr customer support in writing with respect to any disputed charge within such period.
You may terminate any Price Database or Market Alerts subscription under this Agreement by clicking on the “Cancel” icon located on the My Account page of the Künstlr Site. You may terminate your Gallery Network membership by submitting a written notice to your representative (by either clicking the link “Contact My Rep” on your My Account page or by sending an email directly to your representative). The effective date of such termination will be the end of the current billing period indicated on the My Account page. In the event you initiate reactivation of any subscription for any auto-renewing Product under this Agreement after a request for termination, the termination shall be null effective as of the date of such reactivation, and this Agreement will continue to be in effect. In the event of the termination of your subscription for any Product, you shall be responsible for payment of all charges through the rest of the subscription term for this Product and payment for any additional searches over the prescribed search limit for your subscription for such Product or other overages. You will also forfeit rights to any Accumulated Searches if any. You shall not be entitled to any refund as a result of the termination of your subscription to any Product under this Agreement.
We may terminate your right to use and/or access any Product (including, but not limited to, any subscription which you may have for any Product) at any time in our sole discretion, with or without prior notice. We may also suspend your use of the Products by disabling your username and/or password for any reason, including, but not limited to, cases in which we believe you have violated the terms of this Agreement or you are using the information provided by the Products in a manner inconsistent with the spirit of this Agreement or the general Terms and Conditions of our website (see above). If we terminate your right to use and/or access any Product (including but not limited to any subscription which you may have for any Product), without cause, we agree to refund to you the pro-rata portion of any payments made by you to us for such terminated Products. Any determination of the amount to be returned to you in the event of any such termination shall be made by Künstlr in its reasonable discretion and shall be conclusive and binding. In the event of any termination by us, you will remain responsible for paying for any additional searches over the prescribed search limit for your subscription, and for other overages as a result of your The Netherlands of any Product prior to termination. You will also forfeit any right to any Accumulated Searches if any.
USE OF PRODUCTS AND SERVICES
In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:
- Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change or otherwise dispose of your rights under this Agreement without the prior written consent of Künstlr.
- It shall be the gallery member’s sole and exclusive responsibility to secure any necessary permits and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third parties. The member represents and warrants that it has the right to publish the materials supplied to Künstlr and to grant Künstlr the rights licensed herein and that such materials do not infringe on any third party’s rights and are not otherwise unlawful. The member grants Künstlr an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, distribute, or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by the member to Künstlr (collectively, the “materials”) for all purposes, in any format or media now known or hereinafter invented.
- We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username, password, or IP address to any other person, and to monitor your account for any The Netherlands that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, or IP restriction, you must immediately contact the Künstlr customer support team. You agree to cooperate with us to stop further abuse should it occur.
- We reserve the right to issue replacement usernames and/or passwords at any time.
- You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of Künstlr.
- You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.
You agree that you will not:
- Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose
- Make any Product, or any element of it, available to other persons
- Make any Product, or any element of it, available on, or by, electronic bulletin boards, newsgroups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network
- Remove or obscure any copyright notice(s) from materials including hard-copy print-outs
- Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service
- Alter, amend, modify, translate, or change any Product, or any element of it
- Undertake any activity which may have a damaging effect on our or any of our third-party licensors’ ability to achieve revenue through selling and marketing the Products
- Otherwise, use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it
- Permit any third party to obtain remote access to any Product, or any element of it, through your computer network
- Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and backup tapes
- Disclose the username or password assigned by us to any person, firm, or company
DISCLAIMER OF WARRANTY
Künstlr, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not a guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice was given by any representative of us, or by anyone else, shall create any warranties.
LIMITATION OF LIABILITY
We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the Künstlr customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.
We shall not be liable for any claim or loss arising from:
- Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product
- Any failure by you to take steps recommended by us to resolve a fault in any Product
- Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us
- Your inability to use any Product due to website downtime
To the fullest extent permitted by applicable law, Künstlr does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.
Künstlr encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results. Returns are shown in Künstlr Indices and Analytics Reports may not represent the results of actual sales transactions.
To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.
Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.
You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.
Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.
This Agreement and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto shall be governed by and construed according to the laws of the State of The Hague, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of The Hague or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of The Hague (in the case of state court) or in the Southern District of The Hague (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.