License to Use the Site and Services; Restrictions
Art Registry World grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. 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 Services or any portion thereof for any public or commercial use without the express written permission of Art Registry World. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of Art Registry World and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of Art Registry World. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Art Registry World.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine 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 use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Art Registry Worldâ€™ infrastructure.
Art Registry World owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Art Registry World is the owner of the copyright in the entire Site and Services. Art Registry World owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Art Registry World and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.
Change to Site or Services; Termination
Art Registry World shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. Art Registry World may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that Art Registry World may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if Art Registry World reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Art Registry World or any third party, or for any reason with or without notice to you. You agree that Art Registry World will not be held liable to you or any third party as a result thereof.
Links to Other Web Sites
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by Art Registry World or any of its subsidiaries and affiliates of any third party, its site, resources or contents. Art Registry World cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. Art Registry World has no control over these sites or the content within them. Art Registry World does not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
Art Registry Worldâ€™ Rights to Materials Provided by Users
ART REGISTRY WORLD CLAIMS NO OWNERSHIP OR CONTROL OF USER-CONTENT, SPECIFICALLY IMAGES OF ARTWORK UPLOADED TO THE SITE. OWNERSHIP, COPYRIGHTS, PATENTS, AUTHORSHIP THAT EXIST PRIOR TO UPLOADING TO THE SITE DO NOT CHANGE AS A RESULT OF UPLOADING TO THE SITE. However Art Registry World assumes no liability for use of Artwork copied from the site by others not related to the site. NOTE: This should not be much of a problem since image sizes on the site site are small, of low resolution, and would therefore not be of much use for publication or other commercial use.
No Responsibility for User Transmitted Material
You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Art Registry World or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and Art Registry World or any Art Registry World affiliate or subsidiary other than pursuant to these terms and conditions of use. Art Registry World shall not be responsible for the payment of any monies to any party in connection with Art Registry Worldâ€™ use of Communications submitted by you to the Site.
Monitoring, Editing and Disclosure of User Material
Any messages, files, data, information, content, materials or other contributions of third parties (â€œContributionsâ€) to the Site or Services do not necessarily represent the view or opinions of Art Registry World. Art Registry World does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. Art Registry World does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.
You agree that Art Registry World has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that Art Registry World may establish from time to time. Notwithstanding this right of Art Registry World, Art Registry World does not and cannot review all materials posted to the Site or Services by users, and Art Registry World is not responsible for any such Communications or Contributions posted by users. Art Registry World reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in Art Registry Worldâ€™ sole discretion, such materials are objectionable or in violation of these Terms. ART REGISTRY WORLD HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
â—¾Disrespecting the privacy or views of other users;
â—¾Using Art Registry World or the Site or Services for unlawful purposes or to promote any unlawful activities;
â—¾Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
â—¾Transmitting "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or
â—¾Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.
You agree to indemnify, defend and hold harmless Art Registry World, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Art Registry World reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of Art Registry World.
Disclaimer of Warranties
Art Registry World does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Art Registry World reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER ART REGISTRY WORLD NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, Synchronicity Arts is not responsible for those costs.
NEITHER ART REGISTRY WORLD NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER ART REGISTRY WORLD NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other Art Registry World products or services.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
Limitation of Liability; Exclusion of Damages
Art Registry World is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.
Art Registry World disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Art Registry World is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services
ART REGISTRY WORLD AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
UNDER NO CIRCUMSTANCES SHALL ART REGISTRY WORLD , ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ART REGISTRY WORLD, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Non-United States Residents
Art Registry World makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Changes to Terms and Conditions
Art Registry World reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.
You agree that monetary damages may not provide a sufficient remedy to Art Registry World for your violation of these Terms, and, accordingly, you acknowledge and agree that Art Registry World is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Art Registry World under this Agreement, at law or in equity. Art Registry World may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Art Registry World is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled "Ownership" "Changes to Site or Services; Termination" "Art Registry Worldâ€™ Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material ," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Art Registry World with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Art Registry World of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Art Registry World must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. The information we collect is: First Name, Last Name, Address, Zip/Postal, City, State, Country, Email. This notice applies to all information collected by or submitted to us. On some pages, you can order products/subscriptions, make requests and register to receive materials. The types of personal information collected at these pages are:
â—¾ Email address
â—¾ Phone number
â—¾ Fax number
â—¾ Biographical information
The Way We Use Information:
All information is stored in a secure database.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please send us an email at support.
We respect your privacy and do not collect personally identifying information without your permission.
Collection of Data
All information collected in the registration form and billing information sections is stored by Art Registry World, and retained for our use, as well as for reporting accounting information to comply with government regulations.
We do not collect your identity or contact information from your visits to The Site. For each visitor to The Site, the visitor's computer reaches us via a particular IP (Internet Protocol) address. The Siteâ€™s servers automatically collect this IP address.
Your browser sets Cookies (when enabled) that contain small amounts of data on the your computer after a visit to any web site. Cookies assist The Site in tracking your activities. The Cookies themselves tell Art Registry World nothing about you personally.
No information is obtained from you or your computer to generate your unique identifying number. The Siteâ€™s servers automatically generate the unique number. None of The Site's Cookies are used to perform "User Profiling".
Use and Disclosure of Data
Information collected from individuals may be passed on to third-party sites when needed for fulfilling services performed by OEM companies, as well as for billing through the Art Registry World merchant account.
Art Registry World promise that Credit card information, as well as personal information and billing information will never be sold or shared with anyone.
The Site does not sell or rent personally identifying information other than as set forth above. The Site does not disclose personally identifying information to anyone that The Site is not authorized to do so. The Site uses anonymous user data to create and report the browsing, purchasing and/or lead form completion activities of anonymous users.
The Site reserves the right to release information if compelled to do so by proper judicial or governmental authorities. Disclosure shall be limited to only to those that The Site is compelled to disclose to. At present, all information processing occurs in the United States. All IP addresses are logged and stored by Art Registry World In the event of fraudulent activity or infringement issues, Art Registry World reserves the right to provide such information to appropriate government officials, or other such authorities.
The Site employs industry standard security measures to ensure the security of all data. Access to The Siteâ€™s customer data is accessible via password protection, and to designated employees who require system level access in order to perform their jobs. Access to Internet User data that identifies the Internet User's name and/or e-mail addresses is limited to designated employees who require such access in order to perform their jobs.
The Site does not allow children under the age of twenty-one (21) to register to use the Site. As such, the Site complies with the Children's Online Privacy Protection Act of 1998 (â€œCOPPAâ€). All users, customers and members of The Site are required to comply with COPPA by not permitting anyone under the age of twenty-one (21) to register to use the Site. If Art Registry World determines that a registered user is under the age of twenty-one (21) or that a registered user or other person has assisted in registering a person under the age of twenty-one (21), Art Registry World has the right to prevent such persons from using the Site and permanently blocking such persons from the Site. Art Registry World shall have no liability to such persons and such persons shall not be entitled to any damages, return of funds or other recourse against Art Registry World.
If you inform The Site that The Site has collected or received information from a child under the age of twenty-one (21), The Site will delete such information immediately from its databases. The Site is not specifically directed to children under the age of twenty-one (21). The Site shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under the age of twenty-one (21).
Deactivating or deleting from databases by Publishers and Advertisers
Please contact us if you no longer wish to maintain an account with The Site or are unable to access your account. If The Site has such information, The Site shall not retain your name and/or e-mail address any longer than is necessary to perform the services that you requested from The Site. To contact The Site, log in to your account Art Registry World and click on the "Support" link.
State of New York shall have exclusive jurisdiction over this Agreement and the parties submit to the exclusive jurisdiction of such Courts. Any process in any legal proceeding may be served on the respective parties by certified mail, return receipt requested at the address first set forth above. The prevailing party in any legal proceeding between the parties to this Agreement shall be entitled to recover their reasonable attorneysâ€™ fees from the other party.