TERMS AND CONDITIONS
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Artempo LLC, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Artempo LLC and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Artempo LLC and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
1. You may, for your own personal, non-commercial use only, do the following:
1.1 Retrieve, display and view the content on a computer screen / device.
1.2 Download and store the content in electronic form on a disk (but not on any server or other storage device connected to a network)
1.3 Print one copy of the content for your own use.
2. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Artempo LLC.
1. You may not use the website for any of the following purposes:
1.1 In any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website;
1.2 In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
1.3 Making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
1.4 All content is owned by Artempo LLC or by others who have licensed their content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under U.S. and international copyright laws.
1.5 Minors are not allowed to use our Services as buyers, bidders or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.
1.6In any way use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our services without our express prior written permission (we may also use robot exclusion headers within our services and you agree to comply with all such headers);
1. You must ensure that the details provided by you on registration or at any time are correct and complete.
2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
5. You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an Artempo LLC account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the “unsubscribe” button on the email, or contact us at inquiries@galerieartempo.com to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.
1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Artempo LLC or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: Privacy Policy and Cookies Policy.
2. If you encounter or identify any security issues with Artempo LLC or any of websites, mobile applications, or services, you may contact our Engineering Team directly by email at inquiries@galerieartempo.com. Someone will be in touch, usually within 7 days.
3. Do not perform any attack that could harm the reliability or integrity of our services or data. For example, DDoS/spam attacks are strictly prohibited.`
4. Do not perform (or attempt) non-technical attacks, including spam, social engineering, phishing, or physical attacks against our employees, users, or infrastructure.
1. Any online facilities, tools, services or information that Artempo LLC makes available through the website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Artempo LLC is under no obligation to update information on the Website.
2. Whilst Artempo LLC Gallery uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. Artempo LLC accepts no liability for any disruption or non-availability of the Website.
4. Artempo LLC reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
3. To the maximum extent permitted by law, Artempo LLC accepts no liability for any of the following:
3.1 Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
3.2 Loss or corruption of any data, database or software;
3.3 Any special, indirect or consequential loss or damage.
1. You agree to indemnify, defend, and hold harmless Artempo LLC and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your user content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these terms will survive these terms and your use of our services.
3. You agree that all claims or disputes you have against us arising out of or related to these terms or our services must be resolved exclusively by a state or federal court located in Santa Monica, Los Angeles County, U.S., whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Santa Monica, Los Angeles County, U.S for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum
4. These terms, the rights and obligations of you and us under these terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of the State of California, and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.
5. You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these terms or our services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.
6. Nothing in these terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.
1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the U.S. and international law, all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of California, US, United Kingdom courts.
8. Subject to these Terms, you may access and view content within our services for your own personal, non-commercial use, in the context of your Artempo LLC User experience, in accordance with the normal functionality and restrictions of our Services.
9. Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such content in any other way, whether on our Services or in any other location.
10. Any commercial exploitation of any image or other content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
11. We reserve the right to remove or refuse to display any user content on our services, in whole or part, if we believe that such user content may violate these terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
12. We will not be liable or responsible for any user content, or for any use of your user content by us in accordance with these terms.
13. Our Conditions of Sale contain important information and additional terms and conditions that apply to our marketplace. It is your responsibility to read them carefully before buying, bidding on, inquiring about, listing, marketing, offering or selling any property on or through our services. Our Conditions of Sale are issued prior to purchase.
14. These Terms, including our Privacy Policy, Conditions of Sale, and Service Terms, other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.
1. All content is owned by Artempo LLC or by others who have licensed their content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our services are also protected as a compilation and/or collective work under U.S. and international copyright laws.
2. The trademarks, service marks, logos, and product names displayed on or in connection with our services are the registered and unregistered trademarks and service marks of Artempo LLC or third parties in the U.S. and/or other countries.
3. As between you and Artempo LLC, Artempo LLC owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our services, all Artempo LLC Content, and the compilation of all content on our services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
4. These terms do not grant you any ownership over any content, or any intellectual property rights in any content, although you remain the owner of any intellectual property rights that you may have in your user content.
5. Neither these Terms nor your use of our services grants you any license or permission under any copyright, trademark, or other intellectual property of Artempo LLC or any third party, whether by implication or otherwise.
6. We welcome feedback, comments and suggestions about our services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.
7. Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our services (“Open Access Images”). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licenses).
8. In order to notify you which images are Open Access Images, we will provide a button marked “Download Image” (or an equivalently marked image downloading tool) with each Open Access Image on our services (“Image Downloading Tool”). Where available, the Image Downloading Tool will be provided on the listing page for the artwork or other object depicted in an Open Access Image. Please note that if we do not provide an Image Downloading Tool with an image on our Services, that image is not considered an Open Access Image under these Terms.
9. We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights). When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.
10. You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.
1. We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to notices of claimed copyright infringement that are properly provided to our designated copyright agent (“Copyright Agent”), whose contact information is listed below.
2. We reserve the right to remove or disable access to any content on our services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.
3. If you believe that content on our services has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing all of the following information (“DMCA Notice”):
4. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5. Identification of the copyrighted work claimed to have been infringed;
6. Identification of the content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such content on our services;
7. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
8. a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
9. a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. If you are the provider of content that was removed (or to which access was disabled) and you believe that such content is not infringing, or that the use of such content is authorized by the copyright owner, the copyright owner’s agent, or the law, you may provide our Copyright Agent with a written counter-notice containing all of the following information (“Counter-Notice”):
11. your physical or electronic signature;
12. identification of the content that was removed or to which access was disabled, and the location at which such content appeared on our cervices before it was removed or access to it was disabled;
13. a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
14. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Artempo LLC may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.
15.Our Copyright Agent designated to receive DMCA Notices and Counter-Notices may be contacted as follows:
16. By postal mail: Artempo LLC, Attn: Copyright Agent, 2201 20th street, unit 1, Santa Monica, 90405, California, U.S.
17. By email: inquiries@galerieartempo.com
18. By phone: (310) 804-8551
19. You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it is not addressed to our Copyright Agent or it does not provide substantially all of the information specified above. To help us receive your DMCA Notice or Counter-Notice in a timely manner, please send it by email if possible.
20. If you provide us with a DMCA Notice, you agree that we may send a copy of it (including your name and contact information) to the provider of the disputed Content.
21. Please note that the procedure described above in this section is intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but does not constitute legal advice. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. If you are not sure whether you are (or are authorized to act on behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the DMCA and any other applicable laws. While we cannot offer you legal advice, more information about the DMCA is available at the U.S. Copyright Office website.
1. We may post information and listings on our services or on third-party social media services describing careers with Artempo LLC, internships, or positions for which we are or may be hiring.
2. Please note that such information and listings are for general informational use only, may be changed by us at any time without notice, and are not an offer of employment or any other offer or warranty by us.
3. Please note that if you would like to apply to an open position posted on our site, you will be referred to a third party site in order to submit your application or directed through our own website contact portals.
1. Artempo LLC, Registered company address: 2201 20th street, unit 1, Santa Monica, California, United States (US) and Berkeley Square House, London W1J 6BD, United Kingdom (UK), and it operates the Website www.galerieartempo.com You can contact Artempo LLC via email at inquiries@galerieartempo.com.
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