Terms & Conditions

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Digital Platforms.

The following Terms of Use are entered into by and between you and Artistoric LLC (“Artistoric” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Artistoric website at www.artistoric.com, and Artistoric social media platforms (collectively, the “Digital Platforms”).

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of products through Artistoric’s Digital Platforms will be governed by the applicable Terms of Sale. Artistoric consignments and purchases are governed by terms located at www.artistoric.com/termsofsale.

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Artistoric website. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

  1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to an Artistoric representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
  2. Proprietary Rights. As between you and Artistoric, Artistoric owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Artistoric (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
  3. Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) purchasing products offered for sale on the Digital Platforms. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. The Digital Platforms are not directed to children younger than 13 and are offered only to users 13 years of age or older.
  4. Prohibited Use. Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of Artistoric or the applicable rights holder.

Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).

As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:

(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

(b) reveal any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;

(c) insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;

(d) engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;

(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Artistoric through any means, including through password mining;

(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of Artistoric’s or any third party’s intellectual property or other proprietary or legal rights;

(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;

(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Digital Platforms;

(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Artistoric or any third party; or

(k) attempt (or encourage or enable anyone else’s attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.

  1. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to Artistoric LLC, or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by Artistoric or the applicable Trademark owner.
  2. User Information; Account Registration. In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us (“User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant Artistoric Privacy Policy which are incorporated herein by reference.

We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

You may register for an account on the Artistoric website. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, at our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Artistoric and others due to any unauthorized use of your account.

  1. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Artistoric Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  2. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read “Artistoric” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Artistoric, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may email: info@artistoric.com, Subject: Website Management.
  3. Indemnification. You agree to defend, indemnify on demand and keep Artistoric and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
  4. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms. Certain products that you purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such purchase or download.
  5. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Artistoric or any of our affiliates. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Artistoric of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by an Artistoric affiliate, or under license from Artistoric or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.
  6. Intellectual Property. All writing, research, and scholarship is the intellectual property of Artistoric, LLC unless otherwise cited. Items that are not copyrighted by, trademarked by, or the intellectual property of Artistoric LLC, including but not limited to images, quoted text, and primary and secondary source material, are in the public domain or are otherwise properly credited or cited and/or linked, and are used solely for educational and research purposes. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to info@artistoric.com:

(a) Your address, telephone number, and email address;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the alleged infringing material is located;

(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH ARTISTORIC OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;

(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED;

(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES 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 OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

  1. Dispute Resolution. Except as otherwise provided under these Terms of Use, all disputes and claims between you and Artistoric that arise out of or in connection with, or relate to, these Terms of Use shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the American Arbitration Association under its commercial arbitration rules and supplementary procedures for consumer-related disputes, which arbitration shall take place in Broward County, Florida. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and Artistoric agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals.

You understand and agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Artistoric specifically agree to do so in writing following initiation of the arbitration. This provision does not preclude your participation as a member in a class action filed on or before August 20, 2011. This provision is not applicable to the extent such waiver is prohibited by law.

You understand that you and Artistoric are agreeing to give up any rights to litigate claims before a jury.

  1. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
  3. Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Artistoric Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Florida, County of Broward. Subject to the terms of Section 15 above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Artistoric specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Artistoric must be made in writing and signed by an authorized representative of Artistoric and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Artistoric successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
  4. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:

Artistoric LLC

info@artistoric.com

Subject: Website Management

Last Modified: September 17th, 2020

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS ON THE DIGITAL PLATFORM (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE (“TERMS OF SALE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), THE FAQ, THE TERMS OF USE, AND OUR PRIVACY POLICY (COLLECTIVELY, THE “PURCHASE TERMS”), AND YOU REPRESENT THAT (A) YOUR PURCHASE AND USE OF PRODUCTS MADE AVAILABLE ON THE DIGITAL PLATFORM WILL BE IN ACCORDANCE WITH THE PURCHASE TERMS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to the Purchase Terms, you may not purchase products on the Digital Platform.

The following Terms of Sale are entered into by and between you and Artistoric, LLC (“Artistoric” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your purchase and our offer and sale of products through the Artistoric website at www.artistoric.com (the “Website”), whether accessed through a desktop, mobile device, tablet, mobile application, Artistoric social media platforms, or other means (collectively, the “Digital Platform”). These Terms of Sale are an integral part of, incorporate by reference, and are subject to, the Terms of Use that apply generally to the Website. You should also carefully review all Purchase Terms before placing an order for products on the Digital Platform.

We may change these Terms of Sale from time to time at our sole discretion, at any time without notice to you, by posting such changes on the Website. It is your responsibility to periodically check the Terms of Sale for changes by clicking the link “Terms of Sale”, including before placing an order for products. You will know if these Terms of Sale have been revised since your last visit to the Digital Platform by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM PLACING ORDERS OR BIDS FOR PRODUCTS THROUGH THE DIGITAL PLATFORM.

  1. Orders and Cancellation. Products offered on the Digital Platform are made available for purchase on a traditional retail basis. When making a purchase, you agree that the purchase is binding upon you, such that you are committed to purchasing the items listed in your order. When you purchase an item, your order is not finalized until you complete the checkout and payment process.

Orders may be cancelled in accordance with our order cancellation policy as set out in the “Returns” section of the FAQs.

All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept your order. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the item ordered is out of stock (including if another purchaser places a purchase order for any particular item before you do) or has been mispriced, if we suspect the order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed.

If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details (“Order Confirmation”). Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant products will not take place unless and until you have received your Order Confirmation email. If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order. Notwithstanding the foregoing, we reserve the right to cancel the contract of sale between you and us in our sole discretion after the Order Confirmation in the event you fail to satisfy any of our “know your client” requirements.

Certain products that you purchase through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the offering of any products through the Digital Platform at any time, at our sole discretion.

A REFERENCE TO AN ITEM ON THE DIGITAL PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. 

  1. Item Descriptions. We attempt to provide accurate descriptions and images of products offered through the Digital Platform. An Artistoric team member will assign each item an overall condition rating, which rating appears on the item detail page. It is your responsibility to review all of the information provided about an item, including the condition rating, before placing an order. Artistoric does not warrant that the item descriptions, condition ratings or images are accurate, complete, reliable, current or error-free. You acknowledge that the items are sold on an “as-is” basis.
  2. Our Role; Product Condition. You acknowledge that we may offer products for sale on behalf of third-party sellers, which may be unnamed, on a consignment basis. As a result, except in limited circumstances, in offering products on the Digital Platform and accepting and fulfilling orders we are acting as the applicable seller’s agent and we do not take or transfer title to the product offered for sale on the Digital Platform.

We do not produce, endorse, or recommend any of the products made available through the Digital Platform. With respect to products that are offered for sale on a consignment basis, we are not affiliated with, endorsed by, or otherwise associated with any consignor or seller, or the retailer, designer, manufacturer, artist, author or other creator of the products.

You acknowledge that the products offered on the Digital Platform are often antique or vintage in nature or have been previously owned and therefore may show signs of age and wear.

WE ASSUME NO OBLIGATION TO INDEPENDENTLY VERIFY OR INVESTIGATE ANY PRODUCT, THE RIGHTS OF ANY SELLER TO SELL ANY PRODUCT, OR THE QUALITY OR CONDITION OF ANY PRODUCT OFFERED FOR SALE THROUGH THE DIGITAL PLATFORM.

  1. Prices. All prices posted on the Digital Platform are subject to change without notice.

We attempt to provide accurate pricing information regarding the items available on the Digital Platform, but cannot offer guarantees against pricing errors and are not responsible for typographical or other pricing errors. If an error occurs, we will inform you using the information you provide when placing your order, and you may either confirm your order (at the corrected product pricing) or cancel the order. We reserve the right to cancel any order arising from a pricing error.

Prices on the Digital Platform are shown in US Dollars. For international orders, duties and taxes may be included in the price depending on the destination country.

  1. Payment. You agree to pay in full the prices for any purchases you make by payment means acceptable to Artistoric.

A list of currently accepted payment methods is set forth in the “Payment” section of the FAQs. We may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time.

Your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts listed on the checkout page. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.

You further represent and warrant that: (a) any products purchased on the Digital Platform are for your own account and you are the ultimate purchaser of any such products; (b) you have no knowledge or reason to suspect that you are under investigation, charged with, or convicted of any substantive or predicate money laundering crime, terrorist activity, or act in violation of any anti-bribery or anti-corruption law, including the US Foreign Corrupt Practices Act; and (c) you are not subject to trade sanctions, embargoes or restrictions in any jurisdiction (“Sanctioned Person”), nor are you owned or controlled by a Sanctioned Person, and none of the amounts you pay us will be funded by a Sanctioned Person.

  1. Shipping, Local Pickup & Tax. Products ordered through the Digital Platform will be shipped to the destination specified in the Order Confirmation in accordance with our Shipping Policy, which may be updated from time to time in our sole discretion. Please note that Artistoric is not able to ship products to certain destinations, including to any country that is currently subject to a U.S. embargo, sanctions or other export controls. Please contact Artistoric to confirm whether we ship to your intended destination. We will arrange for shipment of the ordered products to you through a third party delivery service provider that you select at checkout, and we will provide a shipment tracking number upon shipment of all or any part of your order. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon the applicable seller’s transfer of products to the delivery service provider. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, the third party delivery service provider will attempt to deliver your order as soon as reasonably possible.

Artistoric does not ship to P.O. Boxes or APO/FPO addresses.

Posted prices do not include taxes or charges for shipping and handling, unless otherwise specified on the relevant product page. Estimated taxes and, if applicable, shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation. The sales tax indicated at the time of checkout will be reflected in your Order Confirmation and will include state and local taxes, as well as any applicable fees. International orders may be subject to additional local taxes, import duties or other local requirements, each of which you are responsible to calculate and pay.

  1. Acceptance and Returns. Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

Products may be returned solely in accordance with our Return Policy in the “Returns” section of the FAQs, which may be updated from time to time at our sole discretion.

  1. Your Privacy. Artistoric will hold only the personal information you choose to provide.You may be asked to enter your name, email address, mailing address, phone number or credit card information. You may visit our site anonymously by declining to engage in any of these interactions.

The information you provide us may be used in any of the following ways: personalize your experience; improve our website; process a transaction; provide you with order status; send promotional messages.

  1. Your Obligations. You agree to comply with these Terms of Sale and all applicable laws and regulations of the various states and of the United States. If you are located outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
  2. Customer Service. You may contact us via email at info@artistoric.com.
  3. Indemnification. You agree to defend, indemnify on demand and keep Artistoric and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your purchase or use of any products made available through the Digital Platform, or any related services or information, or (b) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Sale. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
  4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PURCHASE, HANDLING, STORAGE AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORM.

ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (A) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE OR PROVIDED THROUGH THE DIGITAL PLATFORM, AND (B) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO SUCH PRODUCTS, SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION (1) THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (3) ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, THE BUYER FAQ OR ANY OTHER FREQUENTLY ASKED QUESTIONS DOCUMENTS, OR OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH ARTISTORIC OR ITS AGENTS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT (X) THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS OR RELATED SERVICES AVAILABLE ON THE DIGITAL PLATFORM WILL MEET YOUR EXPECTATIONS OR (Y) ANY INFORMATION PROVIDED WITH RESPECT TO ANY PRODUCT OR RELATED SERVICE MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE.

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT INDEMNIFICATION, OBLIGATION OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TERMS OF SALE, (B) THE PURCHASE OR USE OF, OR THE INABILITY TO USE, THE PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM, (C) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THEREON, OR (D) LOST BUSINESS OR LOST SALES, IN EACH CASE EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. 

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES 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 OF SALE OR YOUR PURCHASE OR USE OF THE PRODUCTS, SERVICES, OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

  1. General. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control or which make such performance impracticable, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage, or any outbreak of disease, public health emergency, quarantine, epidemic, pandemic, nuclear or chemical contamination, or other condition that threatens the life, health, or safety of our personnel, vendors, or clients as determined by us in our reasonable discretion.

The Purchase Terms, the Order Confirmation, Buyer FAQs, and any other terms incorporated herein or therein by reference constitute the sole and entire agreement between you and Artistoric with respect to your purchase of products through the Digital Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

The Purchase Terms and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Purchase Terms shall be commenced and be heard in the appropriate court in the State of Florida, County of Broward. You agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida. Our failure to exercise or enforce any right or provision of the Purchase Terms shall not constitute a waiver of such right or provision.

Any waiver of any provision of these Purchase Terms by Artistoric must be made in writing and signed by an authorized representative of Artistoric and the provision to be waived. Headings used in the Purchase Terms are for convenience only and are not to be relied upon. If any provision of the Purchase Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchase Terms remain in full force and effect. The Purchase Terms will inure to the benefit of, and are intended to be enforceable by, Artistoric’s successors, assigns and licensees. There are no third party beneficiaries to the Purchase Terms.

  1. Further Inquiries. You may direct questions about the Purchase Terms, or other issues, to:

Artistoric LLC

info@artistoric.com

Subject: Purchase Terms

Last Modified: September 17th, 2020

Terms & Conditions

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Digital Platforms.

The following Terms of Use are entered into by and between you and Artistoric LLC (“Artistoric” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Artistoric website at www.artistoric.com, and Artistoric social media platforms (collectively, the “Digital Platforms”).

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of products through Artistoric’s Digital Platforms will be governed by the applicable Terms of Sale. Artistoric consignments and purchases are governed by terms located at www.artistoric.com/termsofsale.

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Artistoric website. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

  1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to an Artistoric representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
  2. Proprietary Rights. As between you and Artistoric, Artistoric owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Artistoric (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
  3. Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) purchasing products offered for sale on the Digital Platforms. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. The Digital Platforms are not directed to children younger than 13 and are offered only to users 13 years of age or older.
  4. Prohibited Use. Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of Artistoric or the applicable rights holder.

Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).

As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:

(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

(b) reveal any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;

(c) insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;

(d) engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;

(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Artistoric through any means, including through password mining;

(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of Artistoric’s or any third party’s intellectual property or other proprietary or legal rights;

(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;

(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Digital Platforms;

(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Artistoric or any third party; or

(k) attempt (or encourage or enable anyone else’s attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.

  1. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to Artistoric LLC, or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by Artistoric or the applicable Trademark owner.
  2. User Information; Account Registration. In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us (“User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant Artistoric Privacy Policy which are incorporated herein by reference.

We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

You may register for an account on the Artistoric website. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, at our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Artistoric and others due to any unauthorized use of your account.

  1. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Artistoric Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  2. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read “Artistoric” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Artistoric, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may email: info@artistoric.com, Subject: Website Management.
  3. Indemnification. You agree to defend, indemnify on demand and keep Artistoric and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
  4. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms. Certain products that you purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such purchase or download.
  5. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Artistoric or any of our affiliates. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Artistoric of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by an Artistoric affiliate, or under license from Artistoric or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.
  6. Intellectual Property. All writing, research, and scholarship is the intellectual property of Artistoric, LLC unless otherwise cited. Items that are not copyrighted by, trademarked by, or the intellectual property of Artistoric LLC, including but not limited to images, quoted text, and primary and secondary source material, are in the public domain or are otherwise properly credited or cited and/or linked, and are used solely for educational and research purposes. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to info@artistoric.com:

(a) Your address, telephone number, and email address;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the alleged infringing material is located;

(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH ARTISTORIC OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;

(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED;

(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES 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 OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

  1. Dispute Resolution. Except as otherwise provided under these Terms of Use, all disputes and claims between you and Artistoric that arise out of or in connection with, or relate to, these Terms of Use shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the American Arbitration Association under its commercial arbitration rules and supplementary procedures for consumer-related disputes, which arbitration shall take place in Broward County, Florida. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and Artistoric agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals.

You understand and agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Artistoric specifically agree to do so in writing following initiation of the arbitration. This provision does not preclude your participation as a member in a class action filed on or before August 20, 2011. This provision is not applicable to the extent such waiver is prohibited by law.

You understand that you and Artistoric are agreeing to give up any rights to litigate claims before a jury.

  1. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
  3. Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Artistoric Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Florida, County of Broward. Subject to the terms of Section 15 above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Artistoric specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Artistoric must be made in writing and signed by an authorized representative of Artistoric and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Artistoric successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
  4. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:

Artistoric LLC

info@artistoric.com

Subject: Website Management

Last Modified: September 17th, 2020

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS ON THE DIGITAL PLATFORM (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE (“TERMS OF SALE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), THE FAQ, THE TERMS OF USE, AND OUR PRIVACY POLICY (COLLECTIVELY, THE “PURCHASE TERMS”), AND YOU REPRESENT THAT (A) YOUR PURCHASE AND USE OF PRODUCTS MADE AVAILABLE ON THE DIGITAL PLATFORM WILL BE IN ACCORDANCE WITH THE PURCHASE TERMS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to the Purchase Terms, you may not purchase products on the Digital Platform.

The following Terms of Sale are entered into by and between you and Artistoric, LLC (“Artistoric” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your purchase and our offer and sale of products through the Artistoric website at www.artistoric.com (the “Website”), whether accessed through a desktop, mobile device, tablet, mobile application, Artistoric social media platforms, or other means (collectively, the “Digital Platform”). These Terms of Sale are an integral part of, incorporate by reference, and are subject to, the Terms of Use that apply generally to the Website. You should also carefully review all Purchase Terms before placing an order for products on the Digital Platform.

We may change these Terms of Sale from time to time at our sole discretion, at any time without notice to you, by posting such changes on the Website. It is your responsibility to periodically check the Terms of Sale for changes by clicking the link “Terms of Sale”, including before placing an order for products. You will know if these Terms of Sale have been revised since your last visit to the Digital Platform by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM PLACING ORDERS OR BIDS FOR PRODUCTS THROUGH THE DIGITAL PLATFORM.

  1. Orders and Cancellation. Products offered on the Digital Platform are made available for purchase on a traditional retail basis. When making a purchase, you agree that the purchase is binding upon you, such that you are committed to purchasing the items listed in your order. When you purchase an item, your order is not finalized until you complete the checkout and payment process.

Orders may be cancelled in accordance with our order cancellation policy as set out in the “Returns” section of the FAQs.

All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept your order. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the item ordered is out of stock (including if another purchaser places a purchase order for any particular item before you do) or has been mispriced, if we suspect the order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed.

If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details (“Order Confirmation”). Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant products will not take place unless and until you have received your Order Confirmation email. If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order. Notwithstanding the foregoing, we reserve the right to cancel the contract of sale between you and us in our sole discretion after the Order Confirmation in the event you fail to satisfy any of our “know your client” requirements.

Certain products that you purchase through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the offering of any products through the Digital Platform at any time, at our sole discretion.

A REFERENCE TO AN ITEM ON THE DIGITAL PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. 

  1. Item Descriptions. We attempt to provide accurate descriptions and images of products offered through the Digital Platform. An Artistoric team member will assign each item an overall condition rating, which rating appears on the item detail page. It is your responsibility to review all of the information provided about an item, including the condition rating, before placing an order. Artistoric does not warrant that the item descriptions, condition ratings or images are accurate, complete, reliable, current or error-free. You acknowledge that the items are sold on an “as-is” basis.
  2. Our Role; Product Condition. You acknowledge that we may offer products for sale on behalf of third-party sellers, which may be unnamed, on a consignment basis. As a result, except in limited circumstances, in offering products on the Digital Platform and accepting and fulfilling orders we are acting as the applicable seller’s agent and we do not take or transfer title to the product offered for sale on the Digital Platform.

We do not produce, endorse, or recommend any of the products made available through the Digital Platform. With respect to products that are offered for sale on a consignment basis, we are not affiliated with, endorsed by, or otherwise associated with any consignor or seller, or the retailer, designer, manufacturer, artist, author or other creator of the products.

You acknowledge that the products offered on the Digital Platform are often antique or vintage in nature or have been previously owned and therefore may show signs of age and wear.

WE ASSUME NO OBLIGATION TO INDEPENDENTLY VERIFY OR INVESTIGATE ANY PRODUCT, THE RIGHTS OF ANY SELLER TO SELL ANY PRODUCT, OR THE QUALITY OR CONDITION OF ANY PRODUCT OFFERED FOR SALE THROUGH THE DIGITAL PLATFORM.

  1. Prices. All prices posted on the Digital Platform are subject to change without notice.

We attempt to provide accurate pricing information regarding the items available on the Digital Platform, but cannot offer guarantees against pricing errors and are not responsible for typographical or other pricing errors. If an error occurs, we will inform you using the information you provide when placing your order, and you may either confirm your order (at the corrected product pricing) or cancel the order. We reserve the right to cancel any order arising from a pricing error.

Prices on the Digital Platform are shown in US Dollars. For international orders, duties and taxes may be included in the price depending on the destination country.

  1. Payment. You agree to pay in full the prices for any purchases you make by payment means acceptable to Artistoric.

A list of currently accepted payment methods is set forth in the “Payment” section of the FAQs. We may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time.

Your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts listed on the checkout page. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.

You further represent and warrant that: (a) any products purchased on the Digital Platform are for your own account and you are the ultimate purchaser of any such products; (b) you have no knowledge or reason to suspect that you are under investigation, charged with, or convicted of any substantive or predicate money laundering crime, terrorist activity, or act in violation of any anti-bribery or anti-corruption law, including the US Foreign Corrupt Practices Act; and (c) you are not subject to trade sanctions, embargoes or restrictions in any jurisdiction (“Sanctioned Person”), nor are you owned or controlled by a Sanctioned Person, and none of the amounts you pay us will be funded by a Sanctioned Person.

  1. Shipping, Local Pickup & Tax. Products ordered through the Digital Platform will be shipped to the destination specified in the Order Confirmation in accordance with our Shipping Policy, which may be updated from time to time in our sole discretion. Please note that Artistoric is not able to ship products to certain destinations, including to any country that is currently subject to a U.S. embargo, sanctions or other export controls. Please contact Artistoric to confirm whether we ship to your intended destination. We will arrange for shipment of the ordered products to you through a third party delivery service provider that you select at checkout, and we will provide a shipment tracking number upon shipment of all or any part of your order. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon the applicable seller’s transfer of products to the delivery service provider. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, the third party delivery service provider will attempt to deliver your order as soon as reasonably possible.

Artistoric does not ship to P.O. Boxes or APO/FPO addresses.

Posted prices do not include taxes or charges for shipping and handling, unless otherwise specified on the relevant product page. Estimated taxes and, if applicable, shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation. The sales tax indicated at the time of checkout will be reflected in your Order Confirmation and will include state and local taxes, as well as any applicable fees. International orders may be subject to additional local taxes, import duties or other local requirements, each of which you are responsible to calculate and pay.

  1. Acceptance and Returns. Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

Products may be returned solely in accordance with our Return Policy in the “Returns” section of the FAQs, which may be updated from time to time at our sole discretion.

  1. Your Privacy. Artistoric will hold only the personal information you choose to provide.You may be asked to enter your name, email address, mailing address, phone number or credit card information. You may visit our site anonymously by declining to engage in any of these interactions.

The information you provide us may be used in any of the following ways: personalize your experience; improve our website; process a transaction; provide you with order status; send promotional messages.

  1. Your Obligations. You agree to comply with these Terms of Sale and all applicable laws and regulations of the various states and of the United States. If you are located outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
  2. Customer Service. You may contact us via email at info@artistoric.com.
  3. Indemnification. You agree to defend, indemnify on demand and keep Artistoric and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your purchase or use of any products made available through the Digital Platform, or any related services or information, or (b) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Sale. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
  4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PURCHASE, HANDLING, STORAGE AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORM.

ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (A) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE OR PROVIDED THROUGH THE DIGITAL PLATFORM, AND (B) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO SUCH PRODUCTS, SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION (1) THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (3) ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, THE BUYER FAQ OR ANY OTHER FREQUENTLY ASKED QUESTIONS DOCUMENTS, OR OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH ARTISTORIC OR ITS AGENTS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT (X) THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS OR RELATED SERVICES AVAILABLE ON THE DIGITAL PLATFORM WILL MEET YOUR EXPECTATIONS OR (Y) ANY INFORMATION PROVIDED WITH RESPECT TO ANY PRODUCT OR RELATED SERVICE MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE.

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT INDEMNIFICATION, OBLIGATION OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TERMS OF SALE, (B) THE PURCHASE OR USE OF, OR THE INABILITY TO USE, THE PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM, (C) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THEREON, OR (D) LOST BUSINESS OR LOST SALES, IN EACH CASE EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. 

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES 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 OF SALE OR YOUR PURCHASE OR USE OF THE PRODUCTS, SERVICES, OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

  1. General. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control or which make such performance impracticable, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage, or any outbreak of disease, public health emergency, quarantine, epidemic, pandemic, nuclear or chemical contamination, or other condition that threatens the life, health, or safety of our personnel, vendors, or clients as determined by us in our reasonable discretion.

The Purchase Terms, the Order Confirmation, Buyer FAQs, and any other terms incorporated herein or therein by reference constitute the sole and entire agreement between you and Artistoric with respect to your purchase of products through the Digital Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

The Purchase Terms and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Purchase Terms shall be commenced and be heard in the appropriate court in the State of Florida, County of Broward. You agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida. Our failure to exercise or enforce any right or provision of the Purchase Terms shall not constitute a waiver of such right or provision.

Any waiver of any provision of these Purchase Terms by Artistoric must be made in writing and signed by an authorized representative of Artistoric and the provision to be waived. Headings used in the Purchase Terms are for convenience only and are not to be relied upon. If any provision of the Purchase Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchase Terms remain in full force and effect. The Purchase Terms will inure to the benefit of, and are intended to be enforceable by, Artistoric’s successors, assigns and licensees. There are no third party beneficiaries to the Purchase Terms.

  1. Further Inquiries. You may direct questions about the Purchase Terms, or other issues, to:

Artistoric LLC

info@artistoric.com

Subject: Purchase Terms

Last Modified: September 17th, 2020