USER AGREEMENT
User Agreement for The Art Market Canada ("TAMC")
This Agreement describes the terms and conditions governing your use of TAMC's services available under the domain and subdomains of http://theartmarket.ca/ and linked websites operated by TAMC, and the general principles for the websites of TAMC's parent, subsidiaries and affiliates. You must agree to be bound by the terms and conditions of this Agreement, or you must refrain from accessing TAMC's website or from using its services.
In addition, when using particular TAMC services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the user agreement. All such guidelines or rules are hereby incorporated by reference into the User Agreement. TAMC may amend this User Agreement at any time by posting the amended terms on TAMC's site. All amended terms shall automatically be effective 30 days after they are initially posted on TAMC's site except as otherwise stated below. This Agreement may not be otherwise amended except in a writing signed by you and TAMC. This agreement is effective upon acceptance in registration for new registering users.
For questions refer to help@theartmarket.ca
Creating Profiles and Accounts
Each user of TAMC must ensure that all information on the User's profile is accurate. The Art Market Canada ("TAMC") does not take responsibility for incorrect information on its site... When creating an account, each user must certify that he/she is the artist whose account is being created or, in the case of an account for an institution, that the user is duly authorized by the institution to create the account and render the institution a User.
Submitting Images
Each user certifies that he/she has the right to distribute the user's images and that they do not violate any copyright law or TAMC's Copyright Policy.
Description of images
Users certify that all information about the artwork is accurate and TAMC does not take responsibility for incorrect information.
TAMC is a Venue
TAMC does not sell any art or other products directly on the site, but merely provides a venue to allow artists, galleries, auction houses, museums, schools, foundations, awards and other users who comply with TAMC's policies to offer, sell and buy certain products. TAMC is not directly involved in the transaction between buyers and sellers. As a result, TAMC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. TAMC does not pre-screen users or the content or information provided by users. TAMC cannot ensure that a buyer or seller will actually complete a transaction and does not transfer legal ownership of items from the seller to the buyer. TAMC cannot and does not ensure or guarantee to anyone that any user or all users will be in compliance with any term or all terms of the user agreement at any time or all times. All transactions are at the sole risk of the buyer and seller.
Because TAMC is a venue, in the event that you have a dispute with one or more users, you release TAMC (and TAMC's parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Identification
TAMC cannot guarantee the true identity, age, and nationality of a user. TAMC encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
User Content
TAMC is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TAMC. You use the TAMC service at your own risk.
Listing Description
By listing an item on the Site you warrant that you and all aspects of the item comply with TAMC's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your TAMC listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
License
TAMC does not claim ownership rights in your Content. You grant TAMC a license solely to enable TAMC to use any information or Content you supply TAMC with, so that TAMC is not violating any rights you might have in that Content. You grant TAMC a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow TAMC to store or re-format your Content on TAMC and display your Content on TAMC in any way as TAMC chooses. TAMC will only use personal information in accordance with TAMC's Privacy Policy set oui below.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to TAMC and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on TAMC.
Restricted Activities
Your Content and your use of TAMC shall NOT be false, inaccurate or misleading; shall NOT involve the sale of counterfeit items or items you do not have the right to sell; shall NOT infringe upon another's copyright, patent, design, trademark, trade secret or other proprietary rights, including those relating to publicity or privacy (see also TAMC's Copyright Policy); shall NOT breach applicable law regulation, including those relating to exports, imports, consumer protection, unfair competition, human rights, or false advertising); shall NOT contain defamatory, libellous, threatening, items; shall NOT misrepresent an affiliation with any person, through for example, the use of similar email address, pseudonyms or other means; shall NOT be obscene, including for example any child pornography; shall NOT have, invoke, or use destructive code or instructions that may interfere with or surreptitiously exploit any system, data or personal information; shall NOT create or attempt to create or appear to create any liability for TAMC or its ISPs or its other suppliers; shall NOT provide links directly or indirectly to any goods or services or content that would be prohibited as Content under this Agreement or under other policy documents as may be posted from time to time on TAMC.
Furthermore, you may not list any item on TAMC (or consummate any transaction that was initiated using TAMC's service) if, by paying to TAMC, any fee relating to such item or transaction, it would cause TAMC to be in breach of any applicable law or regulation, or that violates any of TAMC's policies or user agreements.
Editing and Deleting Account Information
All users will have the ability to edit or delete their account at any time. Please note that users will be able to review their profiles before they are posted.
Misrepresentation of art works
Some thumbnails of images will be cropped, though full-size images will display the entire piece of art. TAMC will offer a place for artists to agree to this process and to agree that TAMC is not misrepresenting their work.
Copyright
Downloading, storing, copying, or disseminating images from TAMC's website prohibited. In Canada, ownership of the copyright resides with the artist during his/her lifetime plus 50 years. See TAMC's Copyright Policy for more detail.
Procedure for Reporting Copyright or Intellectual Property Infringements or inappropriate images or content
TAMC will have a flag button on all profiles. This enables users to notify us and give a brief reason for their flagging. Removal of Allegedly Infringing Material Removal of images or profiles is at the discretion of TAMC. TAMC's services are not available to temporarily or indefinitely suspended users. TAMC reserves the right to refuse service to anyone, for any reason, at any time. Removal of accounts TAMC reserves the right, in TAMC's sole discretion, to cancel unconfirmed or inactive accounts. TAMC reserves the right to refuse service to anyone, for any reason, at any time.
Service-related Announcements
TAMC will send users a welcome/confirmation email when they sign up for TAMC's services. Receipt of this email is required for using TAMC's services. TAMC will send users service-related announcements on rare occasions when it is necessary to do so.
"Share" Feature
TAMC will ask for the email address of the sender and recipient, which are needed to send the message. TAM will then automatically send the friend an email inviting him/her to visit the site.
Security
All profiles require a username and password to login. TAMC will not sell or rent their personal information to third parties. Please see below for security information from http://www.theartmarket.ca which you may find useful. The security of your personal information is important to us. Your TAMC account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. TAMC follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once TAMC receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while TAMC strives to use commercially acceptable means to protect your personal information, TAMC cannot guarantee its absolute security. If you have any questions about security on TAMC's Web site, you can email TAMC at help@theartmarket.ca
Password
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify TAMC of any unauthorized use of your password or any breach of security. You also agree that TAMC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than TAMC without TAMC's express written permission.
Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, TAMC's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended the Art Market members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your the Art Market account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. User Representations In consideration of your use of the Service, you represent that you are at least 18 years old and of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TAMC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TAMC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
All artists and art institutions must be in Canada. They do not have to be Canadian citizens. Art lovers (a profile type) can live anywhere in the world. Information Control TAMC does not control the Content provided by users that is made available on TAMC's website. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and the Art Market is not responsible for the acts or omissions of its users.
Other Resources
TAMC is not responsible for information posted on websites linked to or referenced on TAMC's website. TAMC is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TAMC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TAMC shall 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, goods or services available on or through any such websites or resources. Intellectual Property
Trademarks
TAMC, and other TAMC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, unregistered trademarks or trade dress of TAMC in Canada and/or other countries. TAMC's trademarks and trade indicia may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
No Guarantee
TAMC does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TAMC's control. The user agrees that TAMC shall not be held liable for any interruptions in the service or access to the Site.
Legal Compliance
Users shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding their use of the Site and any of TAMC's services.
No Agency
Users and TAMC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Privacy Policy
TAMC collects personally identifiable information when you register for a TAMC account, when you use certain TAMC products or services. TAMC also automatically receives and records information on TAMC's server logs from your browser including your IP address, cookie information and the page you requested. Your personal information will not be disclosed to third parties without your express or implied consent or as otherwise required by law. TAMC stores and process your personal information on computers that are protected by physical and technical security devices. If you object to your personal information being used in these ways please refrain from using TAMC's website or services. TAMC does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. TAMC may combine your information with information collected from other sources to improve or personalize TAMC services, content or advertising.
No Warranty
TAMC, TAMC's PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TAMC's SUPPLIERS PROVIDE TAMC's WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TAMC AND TAMC's SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
Liability Limit
IN NO EVENT SHALL TAMC, TAMC's PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TAMC's SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH TAMC's SITE, TAMC's SERVICES OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TAMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnity
You shall indemnify and hold TAMC and TAMC's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Governing law
This Agreement shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any action pertaining to matters covered by this agreement or TAMC's website or services provided in connection therewith shall be brought in a British Columbia Court.
Contract language
This agreement and any related documents shall be drawn up and executed in English. Any communication with to the company pertaining to the website or service shall be in English unless otherwise agreed to by TAMC.
Notices
Except as explicitly stated otherwise, any notices to TAMC shall be given by registered mail to
The Art Market Canada
2947 Granville Street
P.O. Box 60519
Vancouver, BC V6H 3J0
Canada
and notices to you to the email address you provide to TAMC during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TAMC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TAMC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Entirety of agreement
This Agreement constitutes the entire agreement between you and TAMC and governs your use of the website, superseding any prior agreements, oral or written, between you and TAMC with respect to the website. You may also become subject to additional terms and conditions that may apply when you use or purchase other TAMC services or products, affiliate content, services, or products, third- party content, services, or products.
