We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party. Artspace may make available the Artspace Auctions where sellers may offer goods for sale by auction to the highest bidder.
Artspace is independent from the buyers and sellers that participate in the Artspace Auctions and no agency, partnership, joint venture, employee-employer or franchiser-franchisee or fiduciary relationship is intended or created by the operation of the Artspace Auctions.
Artspace may, but is not obligated to provide intermediary services between the buyer and sellers using Artspace Auctions. Artspace reserves the right in its sole discretion and at any time including during an auction to refuse or revoke permission for sellers to offer goods or for buyers to submit bids. All bids shall be in United States Dollars. Participating sellers and buyers may be required to register on the site, may select a username and password, and must agree to be bound by these terms.
The agreements between the buyers and sellers shall not be governed by the U. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All bids will be recorded by Artspace and such recording shall constitute the final and conclusive determination and record of each bid and the highest bid. A Seller is not required to accept any bids for less than the Reserve Price.
Artspace may, through employees, submit bids on auction items that are subject to a Reserve Price. Artspace may 1 submit the opening bid on behalf of the seller at the Reserve Price, 2 place single or successive bids on behalf of the seller in response to other bids that are below the Reserve Price. In no circumstances will Artspace place a bid that is above the Reserve Price.
Enter any bid amount as long as it is greater than or equal to the "Next Minimum Bid" displayed below the bid field and click on "Place Bid". This will automatically place a straight bid at the next increment and hold the bid you submitted if higher than the "Next Minimum Bid" as your "Maximum Bid". You will receive an email confirmation of your bid and will be notified by email when you are outbid. Please note that if the auction moves to a physical live event the auction page will specify this and the bidder will be noticed as such by email , the highest bidder after the close of the online auction will be the opening bid at the event and will be notified within 48 hours after the event if the bid is the final winning bid or been outbid by someone at the event.
When placing a bid, enter the maximum amount you are willing to pay for the work. Entering your "Maximum Bid" does not necessarily mean you will pay that price, you may pay less. Once you enter your Maximum Bid, your current bid displayed will be in the amount of the "Next Minimum Bid. When you are outbid, the system automatically bids on your behalf according to the bidding increments established for that auction up to but never exceeding your maximum bid.
We increase your bid by increments only as much as necessary to maintain your position as highest bidder. Your maximum bid is kept confidential until it is exceeded by another bidder. If your maximum bid is outbid, you will be notified via email so that you can place another bid.
If the auction is a benefit auction or an auction with a physical event which will be noted on the auction page , all online bids will be transferred to that event and Artspace or the organization running the event will continue to monitor your bids in person and continue Proxy Bidding on your behalf up to your maximum bid. Winning bidders will be notified within 48 hours after the close of the auction. If you are not contacted by Artspace, you were not the highest bidder.
Any dispute with respect to the auction of any item shall be resolved between buyer and seller and without the participation of Artspace. Seller is solely responsible for collecting payment from the buyer. Artspace does not guaranty and is not responsible in any way for the performance of buyers or sellers participating in the auction. Goods offered on Artspace Auctions must be tangible goods that meet the requirements of the Site.
Sellers shall not offer any goods for sale or consummate any transaction initiated on Artspace Auctions that violates or could cause Artspace to violate any applicable law, statute, ordinance or regulation.
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Artspace shall have sole discretion as to whether a specific item meets the requirements of the Site, which determination is final. Sellers offering goods shall post a description of the goods offered and may set a minimum reserve price, a minimum overbid amount and the termination of the auction of the goods. Sellers agree to accept the highest bid above their set reserve price and to deliver the offered goods to the buyer submitting such highest bid.
Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered. Sellers agree that Artspace Auctions will publish images and information in English relating to the goods offered by sellers. Sellers are solely responsible for descriptions of goods and all other content provided to Artspace by seller. Each seller agrees that Artspace may reformat content submitted by sellers in order to best serve the needs and formatting of the Artspace Auctions. Sellers grant Artspace a perpetual, irrevocable, royalty-free license to use the listing information in other areas of the site in our sole discretion.
Sellers are responsible for shipment of goods to successful bidding buyers upon receipt of the purchase price.
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Sellers must make shipment promptly on receipt of good funds from buyers. Sellers are responsible for collecting any and all applicable taxes from the successful buyer and for remitting such taxes to the applicable taxing authority. Buyers are responsible for determining the value, condition and authenticity of the goods. Each buyer placing any bid represents and warrants that such bids are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state laws.
Each buyer is responsible for payment of New York State and local sales tax, any applicable use tax, any federal luxury tax or any other taxes assessed on the purchase of the goods. The buyer is solely responsible for identifying and obtaining any necessary export, import, or other permit for the delivery of the goods and for determining whether the goods are subject to any export or import embargoes.
Sellers and buyers agree that Artspace is not responsible for and does not make any representations or warranties express or implied as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature.
We may list open employment positions on this web site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Site or made available through Site as an offer for employment.
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You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Artspace. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
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We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
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Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Artspace LLC, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner. You may be able to link to third party websites "Linked Sites" from the Site.
Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.
In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below.
We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time. You agree to defend, indemnify and hold Artspace LLC, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws.
You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Artspace relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County. In addition, you expressly waive any right to a jury trial in any legal proceeding against Artspace its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms.
Any claim or cause of action you have with respect to use of the Site must be commenced within one 1 year after the claim arises.
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to us at the address below.
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier. Artspace and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site.
Artspace has the right to void any purchases that display an inaccurate price.
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If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Artspace will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Artspace or its suppliers be held liable for any damages due to such interruptions or lack of availability. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. All drawings will be conducted under the supervision of Sponsor. The decisions of the Sponsors are final and binding in all matters relating to this contest.
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