Terms of Service

 

Last Updated Date: December 3rd, 2017

ARTHAUS GALLERY LLC ("ARThaus," "we" or "our") provides a service for selling art pieces and furniture (the "Service", collectively the "Services") through our website, accessible at www.arthaus.nyc (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.arthaus.nyc/privacy-policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and ARThaus.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

ARThaus reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Order Cancellations

ARThaus reserves the right to cancel any order placed via the Site. If ARThaus cancels an order, we will send you an email confirmation of such cancellation and you will not be charged for your order. 

Color

You understand and agree that ARThaus uses commercially reasonable efforts to display the colors of the art pieces accurately via the Site and Services. However, because individual computer monitors may display colors differently, ARThaus is not responsible for the color accuracy of any Works of Art displayed on the Site and Services, and disclaims all liability in this regard.

ARThaus Content

ARThaus may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "ARThaus Content"), some of which is owned by ARThaus ("ARThaus-owned Content"), and some of which is made available under license by a third party ("ARThaus-licensed Content").  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ARThaus or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site, ARThaus' name, any ARThaus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARThaus' express written consent;
  • Access, tamper with, or use non-public areas of the Site, ARThaus' computer systems, or the technical delivery systems of ARThaus' providers;
  • Attempt to probe, scan or test the vulnerability of any ARThaus system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARThaus or any of ARThaus' providers or any other third party (including another user) to protect the Site, Services, ARThaus Content;
  • Attempt to access or search the Site, Services, ARThaus Content or Member Content or download ARThaus Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ARThaus or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a ARThaus trademark, logo URL or product name without ARThaus' express written consent;
  • Use the Site, Services, ARThaus Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, ARThaus Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, ARThaus Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

 

Ownership

The Site, Services and ARThaus Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ARThaus and its licensors exclusively own all right, title and interest in and to the Site, Services and ARThaus Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or ARThaus Content.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that ARThaus is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ARThaus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers

THE SITE, SERVICES, ARThaus ART CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTHaus EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARThaus MAKES NO WARRANTY THAT THE SITE, SERVICES, ARThaus CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARThaus MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARThaus OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold ARThaus, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, ARThaus Content or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, ARThaus Content remains with you. Neither ARThaus nor any other party involved in creating, producing, or delivering the Site, Services, ARThaus Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, ARThaus Content from any communications, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ARThaus has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARThaus and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in New York, New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ARThaus' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ARThaus may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by ARThaus via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contacting ARThaus

If you have any questions about these Terms, please contact ARThaus at gallery@arthaus.nyc.