ACCEPTANCE OF TERMS
Welcome to askART. These terms and conditions of use apply to and govern your
use of the askART Web site (the "Site"). By using this service, you agree to
the terms and conditions outlined below. If you do not agree to these terms and
conditions, please do not use this site. The right to use askART services is
personal and not transferable to any other person or entity.
Unless explicitly stated otherwise, any new features or service offerings that
augment the current Service (as defined below) shall be subject to these Terms
askART reserves the right to change, modify, add or remove portions of these
terms at any time, without notice to you. Usage of the site after changes are
posted means you have accepted all such terms as posted.
As a Subscriber, unless otherwise agreed upon, the Subscriber account is limited solely to you and does not include usage by additional people or entities. You will be allowed almost unlimited access unless the activity level reaches our most active list, as determined in our sole discretion. In such case we reserve the further right in our sole discretion to issue replacement passwords at any time, and if appropriate, offer the service at a price to you to reflect this higher level of service usage. We also reserve the right to terminate your account with or without notice if we determine an abuse regarding the spirit of this agreement. We will confirm with you before making a custom pricing change, in which case you may subscribe on those different pricing terms. If you do not accept such different pricing terms, you or askART may elect to discontinue your subscription at any time.
askART reserves the right to cancel an account if in our sole determination there is unusual usage, not limited to automatic searches, storage or piracy of our data.
Further, askART reserves the right to terminate any account for any reason not identified in these Terms of Service and that is not prohibited by law.
LICENSE TO USE THE SITE
askART grants you a non-exclusive, non-transferable, limited
right to access, use and display of the Site and the materials thereon for your
personal use only, provided that you comply fully with these terms and
conditions of use. You shall not interfere or attempt to interfere with the
operation of the Site in any way through any means or device including, but not
limited to, spamming, hacking, uploading computer viruses or time bombs, or the
means expressly prohibited by any provision of these terms and conditions of
OWNERSHIP; RESTRICTIONS; TRADEMARKS
askART owns, controls, licenses or has the right to use and provide the Site and
all material on the Site, including, without limitation the askART Artist database, text, images, artist biographies, price valuation reports,
articles, photographs, illustrations, audio and video clips, (collectively the
"Content"). The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions, and
other copyright laws. askART is the owner of the copyright in the entire Site.
askART owns a copyright in the selection, coordination, arrangement and
enhancement of the Site. You agree to abide by any and all copyright notices,
information or restrictions displayed on the Site. askART does not grant
permission to users of the site to reproduce images of original works of art.
You may not modify, create derivative works from, participate in the transfer or
sale of, post on the World Wide Web, or in any way exploit the Site or any
portion thereof for any public or commercial use without the express written
permission of askART. You are responsible for complying with all applicable
laws, rules and regulations regarding your use of any such downloaded Content.
In the event of any permitted copying, redistribution or publication of
material from the Site, no changes in or deletion of author attribution,
trademark, legend or copyright notice shall be made.
askART and Artist Bluebook are trademarks and service marks of askART,
Inc. ALL RIGHTS RESERVED. All other trademarks, service marks, product names
and company names or logos appearing on the Site are the property of their
respective owners. Any use of such trademarks, service marks, product names and
company names or logos, including the reproduction, modification, distribution
or republication without the prior written permission of the owner of same, is
USE OF INFORMATION
As a user of the Site, you acknowledge that you may provide information
regarding your tastes and preferences, and you hereby authorize askART, Inc.
and its affiliates to use such information in connection with any online or
offline offering or any electronic mail offering directed to you. askART, Inc.
is committed to protecting your privacy. Any information that askART, Inc.
collects about you will be used to enhance your utilization of the Site. By
using our web site, you consent to the collection and use of this information
by askART, Inc. and its affiliates.
By uploading material to any forum or by submitting any comments,
recommendations or data ("information") to us, you automatically grant (or
represent and warrant to us that the owner of such rights has expressly
granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, sublicense, translate, create
derivative works of and distribute such information worldwide and/or
incorporate such information into any form, medium, or technology now known or
later developed. In addition, you represent and warrant to us that all
so-called moral rights in the information have been waived.
NO WARRANTIES; LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENT ARE BEING PROVIDED TO YOU ON AN "AS IS" BASIS AND
askART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS
SITE OR ITS CONTENT. ASKART DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, askART DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS
ACCURATE, COMPLETE OR CURRENT, INCLUDING, BUT NOT LIMITED TO, SUCH INFORMATION
CONTAINED IN ARTIST BIOGRAPHIES, AUCTION RECORDS, SAMPLES OF ARTISTS' SIGNATURES, ARTWORKS FOR SALE, AND
INFORMATION AND VALUE ESTIMATES CONTAINED IN ARTIST PRICE VALUATION REPORTS.
Except as specifically stated on this Site, neither askART, nor any of its
directors, shareholders, officers, employees, agents, third-party content
providers, sponsors, licensors, or other representatives, shall be liable for
damages arising out of or in connection with the use of this Site. This is a
comprehensive limitation of liability and under no circumstances shall askART
or any party involved in creating, producing or distributing the Site, be
liable for any compensatory, direct, indirect, incidental, special, or
consequential damages, that might result from the use of or inability to use
the Site, including, but not limited to, reliance by a user on any
information obtained from askART. or that result from loss of data, income or
profit, loss of or damage to property, claims of third parties, mistakes,
omissions, interruptions, deletion of files or e-mail, errors, defects,
viruses, delays in operation or transmission or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to askART’s records, programs or services.
You hereby acknowledge that this paragraph shall apply to all content,
merchandise, and services available through the Site. If and to the extent any
state does not permit the exclusion or limitation of liability for
consequential or incidental damages, askART’s liability, in such state, shall
be limited to the fullest extent permitted by such applicable law.
askART is a distributor and not a publisher of content supplied by third parties
on this Site. Any opinions, advice, statements, sale offerings, or other
information that constitutes part of the content expressed or made available by
third parties, are those of the respective authors or distributors and not of
askART or its affiliates, or any of its shareholders, officers, directors,
employees or agents. Neither askART nor its affiliates, or any of its
shareholders, officers, directors, employees, or agents, nor any third party,
including third-party content providers, sponsors or licensors, guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. In many instances, the content available
through askART represents the opinions and judgments of the respective
third-party provider, sponsor or licensor. askART neither endorses, nor is
responsible for the accuracy or reliability of any opinion, sales
representation, advice or statement made on this Site. UNDER NO CIRCUMSTANCES
SHALL askART OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR ANY LOSS OR DAMAGE
CAUSED BY A USER BEING EXPOSED TO INFORMATION CONTAINED ON THE SITE. IT IS THE
RESPONSIBILITY OF THE USER TO EVALUATE THE INFORMATION, OPINION, ADVICE, OR
OTHER CONTENT AVAILABLE THROUGH THIS SITE.
SPECIAL NOTE ON AUCTION RECORDS
The Site includes an extensive collection of auction records for
given artists that might be used as tools in the process of estimating values.
askART’s data is only one of several elements which a user should consider in
estimating value of a given artist’s work and depends upon the accuracy and
timing of information which askART itself receives. askART strongly
recommends that our information only be used in conjunction with other
specialists such as Dealers, Museums and Auction Houses.
IN ANY EVENT, AS PROVIDED ABOVE, askART’S AUCTION RECORDS AND ARTIST VALUATION
SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITH NO WARRANTIES. UNDER
NO CIRCUMSTANCES SHALL askART OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE, BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THAT MIGHT RESULT FROM THE USE
OF THE askART AUCTION RECORDS DATABASE AND/OR THE askART GRAPHS OR OTHER
PROCEDURES OR OUTPUT GENERATED THEREFROM.
Data about the activity of visitors to the Site (such as what pages are
accessed) and information visitors volunteer (such as survey information or
Site registration information) is automatically provided to askART when you
sign on to the Site. It is used by us for internal review in an aggregate and
non-personally-identifiable form. E-mail addresses and other personally
identifying data about visitors is known to askART only when it is voluntarily
submitted or posted to us. askART may use personally identifying data provided
by visitors to customize the visitor’s experience, to notify users about
updates to and activities on the Site, to contact users for information
verification purposes and/or to tell you about carefully screened products
which we feel may be of interest to you.
In addition, we may use E-mail addresses and other personally identifying
information to contact visitors who communicate with askART. For example, we
may direct e-mail to visitors who provide us with their e-mail addresses for
specific purposes such as responding to an inquiry.
If at any point you wish to obtain a copy of previously submitted personally
identifiable information, to correct such information or no longer wish to
receive communications from askART, please forward such request to us at
info@askART.com, or check off an opt-out box provided for that purpose
wherever you see one in the Site.
TERMINATION - SUBSCRIPTION DATABASE
You may terminate any auto-renewing paying subscription plan under this Agreement by clicking on the "Cancel membership" icon located on the My Account page under Account Details of the askART Site. 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 a reactivation of any subscription 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, you shall be responsible for payment of all charges through the rest of the subscription term.
TERMINATION - PRIVATE PARTY ADS
You may terminate any auto-renewing private party ad under this Agreement by clicking on the "Cancel ad" icon located on the My Ads page under My Account menu of the askART Site. The effective date of such termination will be the end of the current billing period indicated on the ad on the My Ads page. In the event you initiate a reactivation of an ad 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 private party ad listing, you shall be responsible for payment of all charges through the rest of the private party ad’s term.
The above stated rules represent the entire understanding between each user of
the Site and askART regarding each user’s relationship with askART and
representations with respect to use of the Site. The above stated rules and
disclaimers are subject to change, by askART in its sole and absolute
discretion. Refunds for non-use are limited to the
latest 30-day billing period.
This site is created and controlled by askART in the State of California, United
States of America. The laws of the United States and the State of California
will govern all terms, conditions and disclaimers on this site, without giving
effect to any principles of conflicts of laws.