© ARTplacing.com Terms and Conditions

© ARTplacing.com provides an internet platform dedicated to Contemporary Art. © ARTplacing.com offers consulting services to potential art buyers, galleries and artists.
Members and associates, galleries and artists furtheron called "members" publish their artwork and comments.
Members can enter the site with an access code in order to update their publications . Not authorized access is illegal and will be persecuted.

The language of communication on the entire site are English and German. Languages for individual service purposes are English, Spanish and German. The membership for associates and clients is free of charge expept otherwise defined in a seperate service contract in combination with other purchased services.

The free membership does not include downloads of design and code, unless for your own private use or agreed purposes. Any upload of those contents to your own FTP server with public access is illegal, unless otherwise specified or agreed and unless you purchased the entire rights of the domain, design and code from © ARTplacing.com as the copyright holder, resp. the actual legal copyright holder in case third parties are involved.

© ARTplacing.com provides design, composing, composition, creation and coding services as well as various internet services including to members, without limitation, branding, media consulting, internet website design and coding, screen design, web pre-hosting services, domain denomination, domain creation and pre-registration services, e-mail configuration services and other services (collectively furtheron called “service or services") under its brand including, without limitation various sub-domains. These terms and conditions and any material details or terms related to your memberhip, services and account that are provided to you in your online or at personal registration process (including any billing policies), all of which are referred to collectively as the “rules,” govern your use of the services. You cannot be a member, have an account with us or any kind of acess to the data provided on the site unless you have agreed to the rules and Terms and Conditions by completing the registration process for, or by using, the services, and each use of the service constitutes your reaffirmation of your acceptance of the rules. Please review the most current rules at the website for the particular brand of your services prior to accessing the services.
If you do not agree to the rules, you must discontinue the registration process, discontinue your use of the serivces, destroy all of your copies of the software and, if you are already a member, cancel your account.
The services are only available to companies and residents of the United States, Canada and the European Union, unless otherwise specified.

© ARTplacing.com usually accepts only one member-gallery per region (zip-code), unless otherwise specified. All design is individually developed. © ARTplacing.com owns the developed design including all rights and any domain related to this design including all copyrights until or unless you purchased the complete design and rights to the entire domain name, design and code..

Guidelines You may review the most current version of the rules at the site. © ARTplacing.com may change the rules or change the scope of the services, in whole or in part, at any time at © ARTplacing.com sole discretion. Posting of such changed rules on the site shall constitute notice of such changes to you, although © ARTplacing.com may choose additional types of notice. © ARTplacing.com will use reasonable efforts to provide you with 30 days advance notice of changes to the rules that materially and adversely impact your use of the services. Your continued use of the services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.

Use of Your Account. You are responsible for all use of your account, so you must protect your password and any other methods of accessing your account or the services. Except as expressly allowed hereunder, you may not transfer or permit any other person to use your user name or your account.
© ARTplacing.com owns your user name, any associated password, e-mail addresses, website, design and any domain name (unless you purchased the complete rights to the entire domain name), and reserves the right to take or terminate the use of any such user name, e-mail address, website, design and domain name at any time. For the purpose of clarification, some consumer based products and services offered by © ARTplacing.com do not include the complete rights to any domain name.

Minors. You must be 18 years old to establish an account for paid services, and you represent that you are at least 18 years old by registering for such services. Parents may obtain an account for the services for minors, and by doing so, consent to such minor’s use of such services. Parents assume full responsibility and liability associated with a minor's use of any of the services.

Completion of Questionnaires, Surveys, Registration. As a condition of © ARTplacing.com providing the services, you agree to provide © ARTplacing.com with accurate and complete information as requested from time to time, through questionnaires, surveys and registration forms. You must register for the services in your own name. You agree that © ARTplacing.com may verify the accuracy of any information you submit and may cancel or terminate your account or your use of the services if your information is inaccurate.

Accessing Services. © ARTplacing.com does not provide internet access services needed to access or use the services unless otherwise specified. You are responsible for providing your own access to the internet and are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as computer, modem and software) and communications services (including, without limitation, long distance or local telephone service) necessary to use the services. You are responsible for ensuring such equipment and services are compatible with the services.

Fees. You are responsible for and agree by using the services to pay all fees, charges and taxes incurred as a result of using the services. You understand that in addition to any standard subscription fees, there may be additional fees including, without limitation, fees for supplemental services, premium features, customer support, telephone charges, purchases made through the use of the services and any taxes. Unless otherwise indicated, all prices are quoted and billed either in Euro or CDN,USD

Payment. All amounts are non-refundable and due when you are billed by © ARTplacing.com
© ARTplacing.com will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) for any amounts not paid when due. You will be liable for any fees, including any late fees, imposed by or incurred by © ARTplacing.com with respect to late payments and the collection thereof.
© ARTplacing.com may suspend or terminate any delinquent, unbillable or uncollectible accounts. Charges will continue to accrue until the account is canceled.© ARTplacing.com may assess a service charge to reinstate a suspended account. You must bring any billing problems or discrepancies to © ARTplacing.com attention within 90 days from the date you are billed or you agree that you waive your right to dispute such problems or discrepancies with © ARTplacing.com.

Payment Method. You expressly authorize © ARTplacing.com to charge all fees incurred in connection with the services to your selected billing method, including charges that may occur on an automatic or recurring basis, and such authorization shall remain valid until revoked by you by canceling any service for which a fee is charged as described herein. You agree to report to © ARTplacing.com all changes to your selected billing method information within 30 days of the change. Some fees that you may incur using the services may accumulate on your © ARTplacing.com account before they are charged to your selected billing method. Once the charges appear on your account, you are responsible for payment of such charges. If you have any billing-related questions, mail the billing support adress set forth on the site for your particular service.

Separate Billing Policy. If your services include a separate billing policy, such policy is incorporated herein and the terms of such policy apply to the service and supplement the Terms and Conditions. In the event of any conflict between the Terms and Conditions and the terms in the Billing Policy, the terms of Billing Policy shall prevail.

Rights. Either you or © ARTplacing.com may terminate or cancel your account for any reason at any time. You understand and agree that all payments to © ARTplacing.com are non-refundable and that the cancellation of your account is your sole remedy with respect to any dispute or disagreement with © ARTplacing.com. If your services are cancelled for any reason, you may lose access to any content, e-mail services or messages, storage,access to your domain and website or other materials or features provided with the services, including materials or content that you may have uploaded or posted to any © ARTplacing.com areas. Termination of the services will not excuse you from any criminal or other civil liabilities. You understand when you register for the services you have agreed, without future notice, to be charged on an ongoing basis unless you take affirmative steps to cancel the service. If © ARTplacing.com terminates your service, you may be prohibited from subsequently registering for such service or any other services on © ARTplacing.com.

Your Cancellation Procedures. You can cancel the services by following the instructions on the site. Your termination is not complete until processed by © ARTplacing.com and charges will continue to accrue until termination is complete. Processing is normally done within 72 hours of your request.

Refunds. Upon cancellation, you will not receive a refund and the service will remain active until the end of your agreed-to term unless otherwise disclosed with respect to your service or © ARTplacing.com elects to permit otherwise.

Free Trials. If you have subscribed to a service with a free trial period, you must cancel the service prior to the end of the applicable trial period in order to avoid incurring any applicable subscription fees. Although you may be entitled to use the service during the trial period without paying a subscription fee, you understand that you may incur, and are responsible for, any fees for supplemental services, premium features, customer support, telephone charges, other services and purchases made through the use of the service during the trial period.

Services in General. You agree that © ARTplacing.com may establish or change general practices and limits concerning use of the services at any time. General limitations are discussed below; however, please review the service specifications for your particular service for a fuller discussion regarding practices and limitations.

E-mail Limitations. E-mail based services are intended for a regular e-mail use and may not be used for mass storage or backup of materials or data, file sharing, photo albums, sending mass e-mail and other irregular e-mail purposes. Practices and limits imposed upon e-mail based services may include, without limitation, the period of time your e-mail will be retained; the number and individual or aggregate size of attachments sent, received and/or stored in your mailbox; the total number of unopened e-mails stored in your mailbox; limits on the text size of any individual message size; the type of e-mail messages and attachments you may send and receive. You understand that you do not own any of the domain names (unless you expressly purchased the complete rights to the entire domain name) or e-mail addresses provided pursuant to any of the services, and that ©© ARTplacing.com e-mail service and network including, without limitation, e-mail addresses are owned by © ARTplacing.com. E-mail in inactive or terminated accounts may be deleted in accordance with ©© ARTplacing.com’ policies. © ARTplacing.com uses a variety of techniques to eliminate e-mail or attachments that © ARTplacing.com believes are unsolicited, inappropriate or harmful. In doing so, © ARTplacing.com may block or delete e-mail or attachments sent by you or to you (including e-mail and attachments stored in your mailbox or a user-created folder), even though such e-mail or attachments may not be unsolicited, inappropriate or harmful. You agree that © ARTplacing.com is not responsible for any e-mail or attachments that are blocked or deleted for any reason and that you have no right, and © ARTplacing.com has no obligation, to retrieve or access any such deleted or blocked e-mail or attachments. You understand that unless otherwise specified in your service level or terms, © ARTplacing.com does not utilize anti-virus software or services to scan for viruses. If your service terms include anti-virus software or services, you understand that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to download any e-mail or attachments.

© ARTplacing.com owns all domain names registrated by © ARTplacing.com (unless you purchased the complete rights to the entire domain name) and websites, including the address for yor personal website, provided to you by © ARTplacing.com, unless otherwise specified. You understand and agree that all content, including but not limited to, text, software, sound, images, communications and videos, provided by you is the sole responsibility of you, and © ARTplacing.comis not responsible and has no liability for any content contained on your site. Additionally, you are representing that you are the owner of such material or have authorization to distribute it anywhere, and you expressly grant © ARTplacing.com the complete right to use, reproduce, modify and/or distribute the content in any form anywhere.
© ARTplacing.com may, but is not obligated to, review, screen and/or remove any content that is made available via the services. © ARTplacing.com is not liable for any content omissions, errors, including but not limited to, loss or damage that may occur as a result of using the service or any content posted, e-mailed or otherwise made available.© ARTplacing.com may terminate any domain or web page for any reason with or without notice.© ARTplacing.com may delete any free or advertising supported account including, without limitation, content, domain names and email, if such account is inactive for a period of 60 days or more.

© ARTplacing.com retains the right at its discretion to make changes to the services. Changes may include, without limitation, fees and billing methods, the continued availability, termination or reduction of some or all of the services or any features offered by the services.

© ARTplacing.com is committed to safeguarding your privacy online. However, you understand that
© ARTplacing.com may disclose your personal information to comply with any laws, legal authority or processes, or in other special circumstances.

You agree as a condition of your service that © ARTplacing.com and its affiliates (and such third parties as authorized by © ARTplacing.com) may furnish you, by e-mail or other means selected by © ARTplacing.com, information prepared by © ARTplacing.com or by (or on behalf of) other entities, including surveys, questionnaires, information, advertising and solicitations of new products, services, updates, account changes and technical services announcements, as well as other messages related to the services. You may be required to receive information and advertising related to products and services of © ARTplacing.com and companies affiliated with © ARTplacing.com even if the service to which you have subscribed specifies no advertising. You further acknowledge that any such advertisements and information are an inseparable part of the service, and in order to opt-out of receipt you may be required to terminate the service. If you subscribe to a service that is supported by advertising (e.g. the service is free or discounted), you agree that you may be required to display, and © ARTplacing.com has the right to display advertising on your web sites or pages, and you may not display other forms of paid or exchange advertising on your web pages or site, other than those that may be provided by © ARTplacing.com, and such web pages or sites may not be used primarily as a entry or link to an advertising or e-commerce site. Any attempt to modify, obfuscate, undermine or avoid the display of such advertising provided by or on behalf of © ARTplacing.com shall be considered a material breach of this agreement.

© ARTplacing.com may from time to time download and install software, including additional software or third party software, to your site through any means.© ARTplacing.com retains the right to limit, restrict or require the use of certain software or service in connection with the services.

In order for © ARTplacing.com to comply with applicable laws including, without limitation, appropriate government requests, to operate © ARTplacing.com’ systems properly, or to protec to © ARTplacing.com, its clients, its users or other third parties, © ARTplacing.com may access and disclose any information, including without limitation, the personal identifying information of © ARTplacing.com users, the contents of any personal electronic communications passing through its network and any other information it considers necessary or appropriate without notice.© ARTplacing.com will cooperate with law enforcement authorities in investigating suspected violations of the rules and any other illegal activity.
© ARTplacing.com reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware. If © ARTplacing.com determines, in its sole discretion, that you or the use of your account may be violating the rules, © ARTplacing.com may initiate an investigation, including the collection of additional information about you, and take any actions necessary to prevent such violations independently of any law enforcement authorities. © ARTplacing.comrespects the intellectual property of others and asks that you to do the same. © ARTplacing.com will terminate your account if it is used to unlawfully transmit or host copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to © ARTplacing.com and later confirmation through court order or an admission by you that an account has been an instrument of unlawful infringement,© ARTplacing.com may terminate your account.© ARTplacing.com may also in its sole discretion decide to suspend or terminate your account prior to that time if it has good faith belief that infringement has occurred. You are responsible for all expenses (including reasonable attorneys’ fees incurred by © ARTplacing.com with respect to any of the foregoing activities. If you believe that your copyright has been infringed through the use of the services, please contact immediatly:

info@ ARTplacing.com

© ARTplacing.com may make available computer software developed by © ARTplacing.com and other members for enabling use of certain of the services (“software”).© ARTplacing.com grants to you a personal, non-transferable, non-exclusive license to use the software (in object code form only) only in connection with the corresponding service and subject to the rules.

You may copy and archive the software provided that all such copies contain the same copyright notice and proprietary markings as are on the original software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, you may be required to install any updates, enhancements or upgrades to the software provided by © ARTplacing.com, although © ARTplacing.com is not obligated to provide such updates, enhancements or upgrades. Such updates, enhancements or upgrades shall be deemed a part of the software.

You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the software. You agree not to modify the software in any manner or form, or to use modified versions of the software including, without limitation, for the purpose of obtaining unauthorized access to any of the services or disabling features of the software or the services. Except as may be permitted by
© ARTplacing.com, you agree not to use any of the services by any means other than through the interface that is approved or provided by © ARTplacing.com or its partners for use in connection with the Service. Without limiting the generality of any rights © ARTplacing.com may have hereunder, © ARTplacing.com may terminate your license immediately if you breach any provision of this section.

Ownership. Any software is licensed, not sold, to you by © ARTplacing.com, unless you purchased the whole rights. You acknowledge that © ARTplacing.com and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the software, except as expressly licensed in this agreement or individual contract. All rights in the content, information and materials accessed through use of the software or the services are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that © ARTplacing.com’ suppliers are direct and intended third party beneficiaries of this agreement including, without limitation, with respect to disclaimers of warranties and limitations of liability and all such disclaimers and limitations shall apply collectively to © ARTplacing.com and its suppliers.

IMPORTANT NOTICE:

YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.© ARTplacing.com HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY © ARTplacing.com OR ITS REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. © ARTplacing.comDISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT.
© ARTplacing.com DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING.© ARTplacing.com DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OF © ARTplacing.com IN PARTICULAR.

© ARTplacing.com SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL © ARTplacing.com BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT © ARTplacing.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.© ARTplacing.com SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
© ARTplacing.com ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AND MEMBERSHIP AS SET FORTH HEREIN. IN NO EVENT SHALL © ARTplacing.com LIABILITY TO YOU EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO © ARTplacing.comFOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR © ARTplacing.com MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY. IN SUCH JURISDICTIONS, © ARTplacing.com’ s LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify and hold © ARTplacing.com, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the rules or use by you or any third party of the services, except to the extent the foregoing directly result from © ARTplacing.com’s own negligence. © ARTplacing.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for © ARTplacing.com in that matter.

Entire Agreement. These rules (as may be modified by updated rules on the site) together constitute the sole agreement between © ARTplacing.com and you respecting the subject matter hereof and fully supersedes any and all other agreements, either oral or in writing.

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