Artiiste: Terms of Use

Welcome to the Artiiste website, www.artiiste.com! Artiiste is a networking and business tool for everyone interested in the fine art world, including artists, collectors, gallery owners, dealers, and people who simply enjoy fine art. We hope that you will enjoy using the site. Before you register or begin exploring the site, please review and consent to the below Terms of Use and the Privacy Policy.

Introduction

This website, including any sub-domains and mobile versions (collectively, the “Site”) and its infrastructure are the property of Artiiste LLC ("Artiiste"). These Terms of Use constitute an agreement between you and Artiiste. Certain portions of this Site and certain services and functionality made available on this Site are made available solely to users who register for certain functionality by providing us with certain personal information (“Registered Users”). Other portions of this Site and certain services and functionality may be made generally available to all those who consent to these Terms of Use and acknowledge Artiiste’s Privacy Policy. Whether or not you become a Registered User, your use of any portion of this Site or any services or functionality made available through this Site (the "Services") is subject to your agreement to these Terms of Use. By using any portion of this Site or any Services you and your company or other business organization (for purposes of these Terms of Use "you" or "your" will be deemed to mean both you and your company or business organization) agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not proceed any further and do not use this Site or any of the Services made available herein.

Use of the site is at Artiiste's discretion

Use of this Site is solely at Artiiste’s discretion and Artiiste reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this Site. You are not granted any rights in or to this Site, any Services or any Information, other than the limited right to use this Site, the Services or the Information according to the terms of these Terms of Use and the policies and procedures that Artiiste may adopt and make available on this Site from time to time. Artiiste may terminate your access to this Site at any time with or without notice to you.

Transmitting information to the site; your responsibilities

All users uploading, posting, or otherwise providing, supplying or transmitting (collectively, “Transmitting”) Information to this Site are solely responsible for the accuracy and content of the Information supplied or used. All types of data, graphics, photographs, words, and any other information are defined for purposes of these Terms of Use, as “Information.” You agree that you will not Transmit to Artiiste any Information, graphic or otherwise, that is protected by copyright, trademark or other intellectual property laws of the United States of America or any other country (collectively, “Protected Information”) unless you have express authorization from the holder of the copyright, trademark, or other intellectual property rights to Transmit such information.

You further agree that you will not Transmit to Artiiste any Information, graphic or otherwise, that is misleading, fraudulent, defamatory, libelous, slanderous, threatening, harassing, pornographic, obscene or illegal (collectively, “Threatening Information”). Artiiste reserves the right to determine, in its sole and absolute discretion, whether any Information Transmitted to Artiiste constitutes Threatening Information.

You agree (i) not to re-Transmit, publicly display, sell or use the Information provided other than solely for personal purposes, and (ii) not to alter or remove any of the Information on the Site or any consent or other proprietary notice or legend on any of the Information on the Site other than Information that you have Transmitted. You agree to comply with all applicable laws and regulations regarding your use of the Services.

Artiiste's monitoring of the site

While Artiiste may monitor, remove or delete Information Transmitted to this Site, Artiiste is under no obligation to monitor, remove or delete any such Information. Artiiste exercises no editorial review and assumes no responsibility for Protected Information or Threatening Information Transmitted to this Site; provided, however, that Artiiste may take any action with respect to any Information that Artiiste deems, in its sole and absolute discretion, is necessary or appropriate, including the deletion of any such Information. You agree to promptly report any suspicious or unauthorized use of this Site to Artiiste. Artiiste reserves the right to monitor any and all activity on this Site and Artiiste may notify the proper law enforcement officials if any suspicious activity is detected.

Artiiste's use of information

The content of any Transmission to or from this Site may be deemed, subject to Artiiste’s judgment, non-confidential and may be used by Artiiste for any purpose. Artiiste may re-Transmit Information to Site sponsors or business partners, as Artiiste deems appropriate in its sole discretion. Artiiste is not responsible for a Site sponsor's or business partner's use of such Information. Please review Artiiste’s Privacy Policy.

Passwords, Registration Numbers, Digital Certifications

If you have a password, registration number or digital certification for this Site or any Service, you agree not to disclose your password, registration number or digital certification to any other person, except that if you are an authorized administrator you may furnish other persons in your organization with access to this Site or the Services, provided you remain responsible for their compliance with the terms and conditions set forth herein.

Use of the Site is at Your Own Risk

YOUR USE OF THIS SITE, ANY OF THE SERVICES OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS SITE, THE SERVICES AND THE INFORMATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.

OU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS AND ACCURACY OF ALL INFORMATION MADE AVAILABLE ON THIS SITE. ARTIISTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CUSTOMERS, USERS, BUSINESS PARTNERS, OR THE INFORMATION MADE AVAILABLE HEREIN. NEITHER ARTIISTE NOR ANY SITE SPONSOR WARRANTS THAT USING THIS SITE, ANY OF THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER ARTIISTE NOR ANY SITE SPONSOR IS RESPONSIBLE FOR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. LINKING TO OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL ARTIISTE OR ARTIISTE’S BUSINESS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF YOUR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE SITE, THE SERVICES OR THE INFORMATION, STOPPAGE OF OTHER WORK OR IMPLEMENTATION OF OTHER ASSETS), ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT ARTIISTE OR ITS BUSINESS PARTNERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT THAT ARTIISTE ACTUALLY RECEIVED FROM YOU FOR THE RIGHT TO ACCESS THE PORTION OF THE SITE, THE SPECIFIC SERVICE OR THE INFORMATION THAT DIRECTLY CAUSED THE DAMAGE. IN NO EVENT MAY ANY CLAIM BE BROUGHT UNDER OR IN CONNECTION WITH THESE TERMS OF USE MORE THAN ONE YEAR AFTER A PARTY KNOWS OR SHOULD HAVE KNOWN OF THE ACTION GIVING RISE TO THE CLAIM. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.

Proprietary Information of Artiiste

This Site contains Information proprietary to Artiiste and its business partners, including but not limited to (i) the Site's look, feel and embodied know-how, ideas and concepts and (ii) Information and data related to Artiiste, its business partners and its or their customers and/or users. You acknowledge that this Information may be treated as confidential by Artiiste and its business partners and agree to take all reasonable measures to protect the confidentiality of this Information. This Site is protected by U.S. copyright law and international treaties.

Liability of Artiiste; Indemnification; Relationship Between You and Artiiste

You agree to defend, indemnify and hold Artiiste and any Site sponsor harmless from and against any damage, loss, liability or expense (including reasonable attorney's fee) that Artiiste or a Site sponsor may suffer or incur as a result of any claim attributable to or based upon your use of this Site, the Services or any of the Information. If for any reason you are not satisfied with this Site, the Services or the Information, your sole remedy is to cease using this Site, the Services or the Information.

Nothing in these Terms of Use will be construed to make Artiiste, its business partners, customers, users or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of the other. Neither you nor Artiiste will have or represent yourself/itself to have any authority to bind the other to any obligation.

Links to other Internet Websites

The Site may contain links to other internet websites and services that are operated and maintained by users of the Site and/or third parties. You acknowledge, understand and agree that Artiiste, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites.

Modification, Suspension, Discontinuation of the Site

Artiiste reserves the right to modify, suspend, or discontinue any portion of this Site, or otherwise disable your access to all or any portion of the Site, at any time, with or without notice and at Artiiste’s sole and absolute discretion. Artiiste reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use.

General

If any provision of these Terms of Use is held to be unenforceable, this holding will not affect the validity of the other provisions of these Terms of Use. The Terms of Use will be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A. Any controversy or dispute will be submitted to the state or federal courts in the State of Illinois. These Terms of Use constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between you and Artiiste with respect to this Site, the Services and the Information and supersedes all other agreements with respect to the subject matter hereof.

The captions, titles and headings included in these Terms of Use are for convenience only and do not affect the construction or interpretation of these Terms of Use.