Welcome to www.myarttracker.com ("Site"). The Site is owned and managed by ("Company"), a company incorporated under the laws of Singapore.
In these Terms, the terms "we", "our" or "us" refer to the Company, and "you" and "your" means any natural or legal person who uses the Site and each entity on whose behalf the user acts. Please note that access to certain portions of this Site or the Services may require your registration as a member of this Site ("Member"). By registering as a Member with us and creating a Member account ("Account"), you agree to comply with these Terms, as well as, the terms and conditions applicable to Members accessible here ("Member Terms").
You hereby represent and warrant that:
(b) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms and you are either:
(i) accessing this Site, using the Services and contracting in your own personal capacity; or
(ii) accessing this Site, using the Services and contracting on behalf of a corporate entity;
(c) where the above sub-paragraph (b)(ii) applies, you are authorised to bind the entity on whose behalf you are contracting and such entity agrees to be bound by these Terms; and
(d) all of the information provided by you to us (including without limitation personal particulars and contact information) is accurate and complete.
MODIFICATION OF THE TERMS
We reserve the right to modify or amend these Terms at any time, including but not limited to the imposition of charges for your use of our Site or Services, or any part thereof, from time to time without prior notice. Your continued use of our Site or Services following the posting of the amended Terms on our Site will mean you accept those amendments. If you do not agree to the amended Terms, you have the right to cease using the Site and Services and where applicable, close your Account.
SITE AND SERVICES
This Site aims to offer a comprehensive online collection of information about the art market in Asia, including information relating to artists, artworks, auctions, sale prices, events, news, reviews and write ups. One of the ways in which we seek to achieve this is by collecting and disseminating information about the art market through our Site and Services, and by facilitating the access and sharing of art related information by users of our Site.
We may offer one or more of the following Services on or through the Site:
(a) access to a collection of information, news, reports, articles, reviews, data, text, listings, artworks, graphics, images, photos, portfolios, videos, audio files, blogs, podcasts, webcasts, broadcasts, software, advertisements, materials, and other types of works (collectively "Content");
(b) a platform to create, upload and publicly make available Content;
(c) a platform to create, upload and manage a personalised online art collection or portfolio;
(d) message boards, forums, blogs, communication tools;
(e) a social networking platform;
(f) an advertising platform;
(g) search engine or tools;
(h) email alerts; and
(i) any other features, content or applications that we may offer at the Site from time to time in our sole and absolute discretion.
PERSONAL AND NON-COMMERCIAL USE ONLY
This Site and the Services provided hereunder (including Content) are for your personal and non-commercial use only.
You may not reproduce, copy, modify, adapt, translate, distribute, transmit, display, perform, publish, communicate, license, create derivative works from, participate in the transfer or sale of, or in any way exploit for any commercial or other purposes, any portion of, or any access to the Site or Services or any portion thereof (including any Content), without the express written permission of the Company or its authorised licensors. Without prejudice to the generality of foregoing, you agree not to reproduce, display or otherwise provide access to the Site or Services or any portion thereof (including any Content), on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company or its authorised licensors.
All Content on the Site is the copyrighted work of the Company, or its authorised licensors. Any Content (including images of artworks) included on the Site or Services are provided for use only in the context of the Site or Services and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to the Company and its authorised licensors.
LINKS TO THIRD PARTY SITES
This Site contains links and pointers to third party web sites, resources and sponsors ("Linked Sites"), some of which may be posted by users of our Site and Services (including but not limited to any individuals, artists, museums, auction houses, galleries and event organisers). You acknowledge and agree that we have no control over these Linked Sites or the content of any Linked Sites. Accordingly, we hereby expressly disclaim all responsibilities and liabilities arising in relation to any Linked Sites, or the contents of any Linked Site, or for any damage you may incur from the Linked Sites, including without limitation any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites, or the availability or accuracy of any content on the Linked Sites, or any infringing content or images on such Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
THIRD PARTY PRODUCTS & SERVICES
Artworks, products and services of third parties, including other users of this Site, ("Third Party Products") may be advertised on or available at the Site or on Linked Sites.
We do not conduct checks on Third Party Products, including its provenance, quality or condition, and cannot and do not guarantee, represent or warrant that any Third Party Products offered or available on this Site is authentic, true and without defect. You acknowledge and agree that it is your own responsibility to conduct your own checks on such Third Party Products, and you should at all times consult a professional advisor or qualified expert to obtain advice and independent verification checks on such Third Party Products, as well as any terms and conditions of sale related thereto, before relying on any information and data provided on this Site or through the Services, or purchasing any such Third Party Products. We may display on the Site, curator-selected Third Party Products for sale by third parties. You further acknowledge and agree that the advertisement, availability or curator selection of Third Party Products at the Site or on Linked Sites do not constitute an endorsement, certification, warranty, representation or recommendation by us of any Third Party Product, and that we are not an agent, reseller or distributor of, and we have no control over Third Party Products or the actions of the third party sellers. Accordingly, we hereby expressly disclaim all liabilities and responsibilities arising in relation to any Third Party Products, contracts for sale of such Third Party Products, or the acts or omissions of any third party sellers, whether such Third Party Products are available, advertised or curator selected via the Site or on Linked Sites, and you hereby irrevocably waive any claim against us with respect to any Third Party Product, contracts for sale of such Third Party Products, or the acts or omissions of any third party sellers.
You further agree that all statements, offers, information, opinions and materials relating to Third Party Products, from other users and from other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and we shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
DATA USE & PRIVACY
Unless otherwise specified by the Company, the copyright, patents, trade marks, registered designs and all intellectual property rights in the Services and the Site (including Content), including without limitation the copyright in the selection, arrangement and compilation of all Content, shall vest in and remain with the Company. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
The trademarks, logos and service marks, including but not limited to "Myarttracker" and "Myarttracker.com", ("Marks") displayed on this Site are the property of the Company or other third parties, and all rights to the Marks are expressly reserved by the Company and the relevant third parties. You are not permitted to use any Marks without the prior written consent of the Company or such third party. The Company and its authorised licensors will aggressively enforce their intellectual property rights to the fullest extent of the law. The name of the Company or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of the Company.
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
Where any reproduction, copying, redistribution or publication of Content from the Site or Services is permitted by the Company and/or its authorised licensors, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Site, please contact us at: [ ].
You may be able to provide, submit, post or upload Content (including articles, blogs, artwork details, artwork images, artist profiles, artwork prices, reviews, comments, feedback and suggestions) on this Site or through the Services ("Contributions"). You warrant and undertake to:
(a) provide true, accurate and complete information;
(b) provide, submit, post or upload original Contributions that belong to you; and
(c) not to provide, submit, post, upload, publish, modify, adapt, distribute, or reproduce in any way, any Content which is subject to the copyright, trademarks, or other intellectual property or proprietary information of a third party, without obtaining the prior written consent of such third party.
You hereby acknowledge and agree that you are solely responsible for your Contributions and that the Company is not responsible or liable for any Contributions submitted by you or its other users on or through the Site or Services.
We do not claim ownership over any Contributions submitted by you. However, by providing, submitting, posting or uploading the Contributions to us or on our Site or through our Services, you agree that you are granting us a perpetual, non-exclusive, unrestricted, irrevocable, unlimited, world-wide, royalty free license to use your Contributions on the Site or as part of the Services and in connection with the operation of our business. The foregoing licence shall include but is not limited to:
(a) the rights to reproduce, copy, modify, adapt, translate, distribute, transmit, display, perform, publish, communicate, license, create derivative works from, edit, translate, reformat, license, or otherwise exploit the Contributions provided by you; and
(a) to publish your name in connection with the Contributions provided by you.
You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any Contributions by you or to receive any compensation for such use. You also waive all rights to any claims that you may have against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributions.
You further agree and understand that we are under no obligation to use any Contributions provided, submitted, posted or uploaded by you in any way whatsoever. We reserve the right, in our sole discretion, to verify and validate any of your Contributions (including for accuracy or authenticity relating to provenance and pricing of artworks), and to edit, reject, refuse to post or remove any posting by you, at any time, for any or no reason, with or without prior notice, and without liability.
You have the sole responsibility for ensuring that any Contributions submitted, posted or uploaded on our Site or through the Services, are adequately protected and backed-up.
You acknowledge that transmissions to and from this Site and any Services are not confidential and your communications on or via this Site may be read or intercepted by others. You acknowledge that by submitting communications to the Company, or through the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms.
As a condition of your use of the Site and Services, you hereby warrant and undertake that you will:
(a) not to use the Site and Services (including any Content) for any purpose that is unlawful or prohibited by these Terms, and that you will comply with all applicable laws and regulations (including copyright law), and codes of conduct (including self-regulatory) in respect of or in connection with your use of the Site and the Services, and you agree to be solely responsible for all things arising from your use of the Site, Services and Content; and
(a) to comply with these Terms, and such other notices or guidelines that may be posted on the Site by us from time to time (which are hereby incorporated by reference into these Terms).
The following is a non-exclusive list of activities that are illegal or prohibited on the Site or through our Services:
(a) posting, uploading, distributing, or otherwise making available Content that:
(i) is, or may reasonably be considered to be, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, offensive, hateful, racially or religiously biased or offensive, discriminatory, invasive of another's privacy, or is harmful to minors in any way;
(ii) is, or may reasonably be considered to be, false, deceptive, misleading, deceitful, or constitutes "bait and switch";
(iii) infringes any copyright, trademark, trade secret, design, patent, or other intellectual property rights or proprietary rights of any party;
(iv) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
(v) advertises any product or service which is illegal, prohibited, unlicensed, controlled, or otherwise restricted by any applicable law;
(b) impersonation of any person or entity, including, but not limited to an employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(c) providing, publishing or distributing personal or identifying information about another person without that person's explicit consent;
(d) interfering with, disrupting, disabling, over-burdening or otherwise impairing the proper working of the Site or Services (including the infrastructure or servers of our Site or Services), including but not limited to:
(i) the conduct of denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
(ii) the inclusion of any software viruses or any other computer code, files, programs or devices designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(iii) the disruption of the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site or Services, or that otherwise negatively affects other users' ability to use the Site or Services;
(e) use of any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any Content contained thereon or for any other purpose without our prior express written permission;
(f) harvesting or collecting information about users of this Site or Services, including user names and/or email addresses, without our prior written consent;
(g) unauthorized framing of or linking to the Site, Services or Content;
(h) use of another Member's account at any time, whether with or without his/her permission.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to the relevant legal and regulatory authorities.
You agree that use of our Site, the Services and Content is entirely at your own risk. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, and non-infringement of any intellectual property rights or proprietary rights are expressly disclaimed to the fullest extent permitted by law. We expressly disclaim any warranties for the security, reliability, timeliness, accuracy, suitability, and performance of the Site, Services and Content, including any warranty that the Site, Services and Content will be provided error-free or without omission or disruption, or that the Site, Services and Content are free of viruses or other harmful components, or that the download, installation or use of any Content will not affect the functionality or performance of your computer.
While we will endeavour to provide accurate and complete Content on our Site and Services, we do not guarantee and are not responsible or liable for any incorrect, incomplete or inaccurate Content posted on the Site or through our Services, whether by us, users of our Site and Services, or any other third parties. All Content are provided on an ‘as is', ‘as available' basis, without warranties of any kind either express or implied. Any Content published or otherwise made available on the Site or through the Services and Blogs do not necessarily represent our view or opinions. We do not assume any responsibility or liability for any Content and blogs, or any consequences arising as a result thereof. We do not represent or guarantee the truthfulness, accuracy or reliability of your Contributions or any Content posted by users of this Site or our Services (collectively "User Content"), or endorse or approve the views or opinions or recommendations contained in any User Content. You should at all times consult a professional advisor or qualified expert to obtain advice and independent verification of the information and data provided on this Site or through the Services, before acting on it.
We are not responsible for the conduct, whether online or offline, of any user of the Site or our Services. You acknowledge and agree that some Services may enable users of our Site to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion. You also acknowledge that it is not our policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by users of the Services and that we do not endorse and shall not be responsible for any such content.
The Site and Services may allow users of the Site or Services to contact each other or a third party named on any Linked Sites, to purchase, sell or otherwise transact in certain artworks or other dealings. You understand and agree that any such transactions are undertaken at your sole risk and constitute direct dealings between the users, and do not involve us in any manner whatsoever. We do not collect any fee or commission for any such transactions, and expressly disclaim all responsibilities and liabilities arising out of or in connection with any such transactions.
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or Services, including but not limited to any Content, Linked Sites or Third Party Products, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages.
You agree that the above exclusions and limitations of liability enable the Site, Services and the Content to be provided to you at no or minimal costs.
CHANGE TO SITE OR SERVICES; TERMINATION
We reserve the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, the whole or any aspect of the Site or Services at any time, including but not limited to Content, features, or hours of availability, without notice to you. We may also impose limits on certain features and services or restrict or terminate your access to parts or all of the Site or Services without notice or liability.
You agree that we may terminate your use of this Site and the Services, cancel your Account, remove any User Content submitted by you, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of the Company or any third party, or for any reason with or without notice to you. You agree that we will not be held liable to you or any third party as a result thereof.
You agree to indemnify and hold the Company, its affiliates, authorised licensors and their respective officers, agents, partners and employees, harmless from any loss, liability (including statutory liability and liability to third parties), claim, action, proceeding, demand, penalty, costs (including legal costs on a full indemnity basis) or expense, due to or arising out of or in connection with your use or access of the Site or Services, your Contributions, your breach of any of these Terms, your violation of any rights of another person or entity, or your breach of any law or regulation.
This Site is owned and operated by the Company in Singapore. The Company makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
REPORTING OF INFRINGEMENTS
We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of any Content on the Site ("Infringing Content") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").
All Infringement Notices shall be sent to us addressed as follows:
[insert contact particulars]
We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter if we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by us.
You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
REPORTING OF OTHER VIOLATIONS
You are solely responsible for your interactions with other users of this Site and Services. We reserve the right, but are not obliged, to monitor disputes between you and other users of this Site and Services.
If you believe that there has been a violation of these Terms by any user of this Site or Services (including the publication of any false, misleading or inaccurate Content by a user) and wish to report this to us, please contact us at: [ ].
You shall not assign any of your rights or obligations under these Terms without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms upon written notification to you.
If any provision of these Terms are found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision shall be deemed to be deleted.
RELATIONSHIP OF PARTIES
Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between us and you and neither party shall have any authority to bind the other in any way.
Our failure to exercise or enforce any of our rights in connection with these Terms shall not constitute a waiver of any such right unless acknowledged and agreed by us to you in writing.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when sent my mail or forwarded by e-mail or facsimile transmission in each case addressed to you at the postal address, e-mail address or facsimile number you have given us, or to us at the postal address, e-mail address or facsimile number displayed on the Site.
NO THIRD PARTY RIGHTS
A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
LAW AND JURSIDICTION
These Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the law of Singapore, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act 2010 (Act 16 of 2010), without giving effect to any principles of conflicts of law.
You hereby agree that any disputes relating to these Terms shall be subject to the non-exclusive jurisdiction of the courts of Singapore.