Terms and conditions
Last Updated: January 10, 2024
OVERVIEW
These Terms of Service govern your use of this Website (“Website”), and any related services offered by The Art Transparency Act LLC (“Services”). Throughout the site and apps, the terms “we”, “us” and “our” refer to The Art Transparency Act LLC and “user”, “you” and “your” refer to you as the customer. The Art Transparency Act LLC offers this Website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, using our Services, or purchasing something from us, you become a user of our products and Services, and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website or mobile app. By accessing or using any part of the site or app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You also agree to be bound by the Arbitration Clause below.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
Any new features or tools which are added our Website or Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. We will notify you of any changes to these Terms by updating the “Last Updated” date at the top of these Terms of Service. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without our express written permission.
Section 2 – DISCLAIMER OF WARRANTIES
The Art Transparency Act LLC makes no representation or warranties about this Website, the suitability of the information contained on or received through use of this Website, or any service or products received through this Website of from us. All information and use of this Website and the Services provided by us are provided “as is” without warranty of any kind. The Art Transparency Act LLC hereby disclaims all warranties with respect to this Website, the information contained or received through use of this Website, and any services received through this Website, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Art Transparency Act LLC does not warrant that the contents or any information received through this Website are accurate, reliable or correct; that this Website will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Website is free of viruses or other harmful components. The Art Transparency Act LLC does not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may deactivate the Services for an indefinite period to time without notice to you. We also reserve the right to cancel the Services at any time. You expressly agree that use of this Website, or inability to use this Website or the Services is solely at your risk. User agrees that it has relied on no warranties, representations, or statements other than in this agreement.
Section 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete, or current. Except where otherwise provided within the materials presented in connection with the Services and the material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 4 – MODIFICATIONS TO THE SERVICES AND PRICING
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, disruption, or discontinuance of the Services.
Section 5 –SERVICES
The Services are available exclusively online through the Website [or our mobile app].
We have made every effort to display as accurately as possible the colors and images that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be the same as it appears on our Website.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Services that we offer. All descriptions of the pricing of our Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Services at any time. Any offer for any Service made on this Website is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the Services offered on our Website. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may also, in the future, offer new Services or features through the Website (including, the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service.
Section 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card information, including the expiration date, so that we can complete your transactions and contact you as needed.
Section 7 – OPTIONAL TOOLS
We may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We encourage you to become familiar with the policies of these third parties before using the optional third-party tools.
Section 8 – THIRD-PARTY LINKS
Certain content and the Services available via our Website may include materials from third parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these Websites, and you acknowledge that when you leave our Website to visit these third-party Websites, you do so at your own risk. We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – PERSONAL INFORMATION
Our collection, use, sharing, retention, and security of your personal information is governed by our Privacy Policy available at https://arttransparencyact.com/content/privacy-policy. You may also send inquiries related to data privacy or security to us at: info@arttransparencyact.com.
Section 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contain typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders without prior notice if any information in the Services or on any related Website is inaccurate at any time (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Website, should be taken to indicate that all information in the Services or on any related Website has been modified or updated.
Section 11 – PROHIBITED USES
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene purpose; or (k) to interfere with or circumvent the security features of the Services or any related Website, other Websites, or the Internet. We reserve the right to immediately terminate your use of the Services or any related Website for violating any of the prohibited uses.
Section 12 – INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by The Art Transparency Act LLC or third parties, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Art Transparency Act LLC. “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of The Art Transparency Act LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of The Art Transparency Act LLC or third-party trademarks or other Intellectual Property Rights.
Section 13 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Art Transparency Act LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors (the “The Art Transparency Act LLC Indemnified Parties”) from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach or alleged breach of this Agreement; (b) anything you contribute to the Services; (c) your misuse of the Services; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) your use of a third-party product, service, and/or Website; or (g) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.
Section 14 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY THE ART TRANSPARENCY ACT LLC INDEMNIFIED PARTY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; (B) MISUSE OF THE SERVICES (INCLUDING UNAUTHORIZED ACCESS OF THE SERVICES); (C) ANY USER CONDUCT WITH RESPECT TO THE SERVICES; OR (D) TERMINATION, SUSPENSION OR RESTRICTION OF ACCESS TO ANY THE SERVICES.
IN ADDITION TO THE FOREGOING, NO THE ART TRANSPARENCY ACT LLC INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS (B) SERVER FAILURE OR DATA LOSS; (C) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR NETWORK INCLUDING LOSSES ASSOCIATED WITH HACKING, OR CYBERSECURITY BREACHES; (D) ANY CHANGE IN LAW, REGULATION, OR POLICY; (E) EVENTS OF FORCE MAJEURE; OR (G) ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE ART TRANSPARENCY ACT LLC INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
IN NO EVENT WILL THE ART TRANSPARENCY ACT LLC INDEMNIFIED PARTIES’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
UNDER NO CIRCUMSTANCES SHALL ANY THE ART TRANSPARENCY ACT LLC INDEMNIFIED PARTY BE REQUIRED TO PAY TO YOU ANY ASSETS OR SERVICES AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you. If applicable law does not permit The Art Transparency Act LLC Indemnified Parties to disclaim certain warranties or limit certain liabilities, The Art Transparency Act LLC Indemnified Parties’ limitations on liability and disclaimers of warranties will apply to the full extent permitted under applicable law.
Section 15 – ARBITRATION AGREEMENT AND WAIVER OF RIGHTS, INCLUDING CLASS ACTIONS.
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND WAIVER OF THE RIGHT TO TRIAL BY A JURY.
A.Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to this Agreement or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.
B.Agreement to Arbitrate
You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the American Arbitration Association Rules. The place of arbitration shall be New York, New York. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, antiquities, and financial transactions. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of this Agreement as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You also agree that you and we are each waiving the right to a trial by jury.
Section 16 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. However, if you resume using our Services, the Terms of Service then in effect will apply to such usage.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement immediately at any time without prior notice and may deny you access to our Services (or any part thereof). You agree that you will remain liable for all obligations and amounts due up to and including the date of termination or denial of access to our Services.
Section 18 – Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and The Art Transparency Act LLC and governs your use of the Services. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Section 19 – Governing Law & Waiver
Any dispute relating to the Services shall be adjudicated under the laws of the state of New York without regard to New York’s choice of law provisions.
Section 20 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. The “Last Updated” date at the top of the Terms of Service reflects when the latest version of these Terms was posted to the Website. Unless otherwise stated, changes to these Terms of Service are effective upon posting.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 21 – Contact Information
Questions about the Terms of Service should be sent to us at info@arttransparencyact.com.