GENERAL TERMS AND CONDITIONS

 

The website “artmarket.guru” offers intelligence, analysis and region specific research on the art market. Access to the site www.artmarket.guru (hereinafter “ArtMarketGuru”), its consultation and its use are subject to the unreserved acceptance of these Terms & Conditions.

GENERAL INFORMATION

ArtMarketGuru is owned and operated by SENART Sprl (“SENART”), VAT BE 0641.823.660, 523 avenue Louise, 1050 Brussels, Belgium.

Any use of this website is subject to these Terms. These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and ArtMarketGuru (“ArtMarketGuru” or “we” or “our” or “us”) that governs your access to and use of our website and services (“Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

SENART reserves the right to change these Terms at any time. The amended terms and conditions are published on ArtAndOnly and will automatically become effective as soon as they are published.

In principle, you can use the website without communicating your personal data. However, it is possible that certain parts or the use of certain features may only be accessible if you provide certain personal data. You warrant that the data you provide is accurate and complete. The communication of incorrect data or data belonging to third parties may lead to the user being prevented from accessing, temporarily or permanently, all or part of this website.

USE OF THE WEBSITE / OUR SERVICES

If you register as a subscriber to the Website or as a client, you represent and warrant that all information provided by you in connection with your registration will be accurate, current and complete. As a subscriber to the Website, you are solely responsible for safeguarding the security of your account information, and you must take all necessary precautions to ensure that no one other than yourself uses your account information to access or use the Website.  To register as a subscriber you must be 18 years of age or older.   The Company retains the right to deny you access to the Website and/or to cancel your subscription immediately without notice at any time if the Company considers that you have violated these Terms and Conditions in any respect.

SECURITY

We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.

USER LICENCE

When you register as a subscriber to the Website, the Company grants you a non-exclusive, non-assignable, revocable licence to access and use the Services subject to these Terms and Conditions, valid registration as a subscriber, valid payment and any other requirements specified on registration as a subscriber. By providing the Services to subscribers the Company does not grant any licences to any copyright, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services contained in the user licence. All rights not expressly granted herein under the licence are reserved by the Company.

INTELLECTUAL PROPERTY RIGHTS

The Company owns or has the right to use all software and other technology provided or employed by the Company in the Website and the content, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyright, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. The text, images, layout, database, graphics, pictures, and all other materials on the Website may not be downloaded or otherwise copied without the express written permission of the Company Nothing in these Terms and Conditions shall give you a right to use any of the Company’s trade names, trademarks, service marks, logos or domain names. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.

LINKS TO OTHER WEBSITES

The Website may contain links to third party websites, which are provided for convenience only and which do not indicate, expressly or impliedly, any endorsement, approval, recommendation or preference by the Company of those third party websites or the products or services provided on those third party websites. If you access any linked third party websites, you do so entirely at your own risk. Unless stated otherwise on the Website, the Company has no relationship with the owners or operators of those third party websites and the Company has no control over or rights in those third party websites.

USER CONDUCT

In using the Services, you agree that you shall not:

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Use any data or information obtained from the Website for direct marketing or any other marketing communication purposes.
  • Reproduce, distribute, modify, supplement or split the contents or structure of the information contained on the Website.
  • Reverse engineer, decompile or disassemble any portion of the Services; or
  • ‘Scrape’ information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than the search engine and search agents available on the Website and generally available to third party web browsers (e.g., Firefox, Google Chrome and Microsoft Internet Explorer).

 

ADDITIONAL RESTRICTIONS

You may not develop or derive for commercial sale any data in any form that incorporates or uses any of the information contained on the Website except with the prior written consent of the Company.

You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, licence, create derivative works from, transfer or sell any data obtained from the Website and your subscription to the Services, except that you may store, print and/or email summaries of the subscription content obtained from the Website as needed for your personal, non-commercial use.

FEES AND REFUND POLICY

Fees for subscribing to and using the Services are posted on the Website. You agree to pay the fees associated with your use of the Services by PayPal. You hereby certify that you are an authorised user of PayPal. You understand that the Company takes fraud and non-payment very seriously, and may work with law enforcement agencies and private parties to address those issues if they occur. The Company further reserves the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete any payment. You are responsible for (and must pay for) all purchases made by individuals using your account. If you suspect that unauthorised use of your account is taking place, you must notify us immediately. All purchases are final with no refunds.

OTHER WEBSITES

ArtMarketGuru and our Reports may contain hypertext links to sites operated by third parties. These links are provided for information purposes only. SENART exercises no control over these sites and disclaims all responsibility for the access, content or use of these sites, as well as any damage that may result from the consultation of the information present on these sites. The decision to activate these links is the full responsibility of the user.

Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You acknowledge and agree that the SENART Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

Links to ArtMarketGuru: No hyperlink can be created to ArtMarketGuru without the prior express consent of SENART. If a user or legal entity wishes to create a hyperlink to ArtMarketGuru from his website, he/she must first contact SENART, sending an email to info@ArtMarketGuru.com. Eligibility or not of such request shall be transmitted to the person concerned.

COOKIES

In order to facilitate the navigation on ArtMarketGuru, cookies can be installed in the user’s computer, for retaining the search criteria and to be identified on his next visit.

Cookies are non-executable text files that are deposited on the user’s login terminal when they visit a site. These files are anonymous and do not allow to collect personal information about the user. These anonymous files can be sent to partners. Most recent browsers allow users to decide whether to accept or reject cookies and to choose how long cookies will be kept.

If the user does not wish to accept the installation of cookies, he can set his browser to refuse them. These settings are mostly made from the “Tools” menu and “Internet Options” and then “Privacy” or “Privacy” of your browser. However, the use of ArtMarketGuru may be disrupted.

RESPONSIBILITIES

SENART is not responsible for:

  • In the event of interruption of ArtMarketGuru for technical maintenance or updating of published information;
  • In the event of a temporary lack of access to ArtMarketGuru (and/or linked sites) due to technical problems, regardless of their origin and source;
  • In the event of direct or indirect damage to the user of any kind whatsoever resulting from the content, access, or use of ArtMarketGuru (and/or sites which are linked to it);
  • In case of abnormal use or illicit exploitation of ArtMarketGuru. The User is then solely responsible for the damages caused to third parties and the consequences of the claims or actions that may result from them. The User waives any right of recourse against SENART in the case of proceedings brought by a third party against him due to the unlawful use and/or exploitation of ArtMarketGuru;
  • In case of loss by the User of ArtMarketGuru of his identifier and/or his password or in case of usurpation of his identity.

SENART reserves the right to seize all legal remedies against any person who has fraudulently accessed to all or part of ArtMarketGuru.

INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same. We have made every effort to ensure that all necessary consents have been obtained for the use of any third party content on the Website. If you believe that your work has been copied, posted, or used in any way on the Website that constitutes copyright or other infringement of your rights please contact us by sending an email to: info@artmarket.guru.

DISCLAIMER

Whilst attempting to provide a quality service to you, the Company does not guarantee that the Website will operate error-free or that the Website and its server are free of viruses or other harmful mechanisms. If the use of the Website or its contents result in the need for servicing or replacing equipment or data by you, the Company shall not be responsible for those costs. The Website and its contents are provided on an ‘as is’ basis without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, including without prejudice to the foregoing, in respect of merchantability, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness or timeliness of the content on the Website. The Company, its officers, directors, employees or agents shall not be liable in any event for any losses, claims or damages suffered by your whatsoever and howsoever arising as a result of your use of or reliance on the Content. The Company is not responsible for the content of any third party websites linked to the Website and does not make any representations or warranties regarding the contents or accuracy of materials on such third party websites.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH SENART AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “SENART PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SENART PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

If the use of our Services results in the need for servicing or replacing any equipment, material or data, the SENART Parties will not be responsible for those costs or losses, and you should backup your data at all times.

No advice or information (whether oral or written) obtained from the SENART Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

GENERAL RELEASE

We may provide rules for using our Services, but the SENART parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE SENART PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.

LIMITATION OF LIABILITY

SENART can never guarantee the accuracy, completeness and relevance of communications or information published on ArtMarketGuru for any purpose whatsoever and cannot be held responsible for them. SENART and its websites is not responsible for any decision or action of the use on the basis of the information or data provided or communications about users or third parties and is not responsible for errors or mistakes. SENART is not liable for any direct or indirect damage or for any prejudice caused by the inaccuracies mentioned above, the incomplete nature of the information, omissions, negligence, etc. The responsibility for articles, information and photos rests with the author of the article, the information.

IN NO EVENT WILL ANY OF SENART PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.

SOME JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE SENART PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

You agree to indemnify, defend, and hold harmless SENART and our officers, directors, agents, and employees from and against any and all third-party claims, actions, demands, losses, damages judgments, liabilities, and/or expenses (including reasonable attorneys’ fees) arising from or resulting from your access and/or use of the Website.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defence. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defence obligations provided in these Terms will survive these Terms and your use of our Services.

INTERNATIONAL USE

Our Services are based in the European Union and we do not represent or warrant that our Services will be appropriate or available for use outside the European Union.

If you are located outside the European Union, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.

CHANGES TO OUR SERVICES

Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

CHANGES TO THESE TERMS

Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason and with no prior notice to you; provided, however, if the Company terminates for a reason other than your misconduct or breach of these Terms and Conditions, and you have prepaid for Services, the Company will reimburse you on a pro rata basis for such pre-paid amounts. You may terminate these Terms and Conditions at any time by discontinuing use of the Services. Upon termination of these Terms and Conditions for any reason, the Licence will likewise terminate and you shall immediately cease using the Services.

COPYRIGHT POLICY

We respect the intellectual property rights of others and expect Users to do the same.

We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.

GOVERNING LAW AND JURISDICTION

Any disputes which may arise concerning the validity, interpretation, acceptance and execution of these presents, whatever the place of subscription or settlement, will be the object of an attempt to amicable settlement which the parties undertake to pursue. Failure to do so within a period of one (1) month from the date of written notification of such a dispute, you agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by a Belgium court. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Brussels, Belgium, for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.

These General Conditions of Use are subject to Belgium law, which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory provisions to the contrary or in the presence of a choice in determining the applicable law, Belgium law will be applied.

MISCELLANEOUS

These Terms, including our Privacy Policy, Conditions of Sale, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an SENART representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

Nothing in these Terms will prevent us from complying with any applicable law or regulation.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

HOW TO CONTACT US

If you have questions about these Terms or our Services, please email us at: info@ArtMarketGuru.com

SENART is located at: Senart Sprl, 523 avenue Louise, 1050 Brussels, Belgium.

 

Effective Date

These Terms are effective April 3, 2017.