Terms of Use

In general

ArtMarketInsight.com is an information service provided by the company ARTPRICE.
ARTPRICE is a limited company with capital of EUR6,250,000, entered in the register of commerce and companies under number RCS 411 309 198, with head office at Domaine de la Source 69270 Saint-Romain-au-Mont-d'Or, France.
This document alone and no other constitutes a relationship as user with the company Artprice.
By accessing the ArtMarketInsight.com site, whatever the Internet address or URL used, you accept to be bound by all the terms of this user contract. We may update these terms from time to time without giving you any notice.
By using the ArtMarketInsight service, you agree to each of the terms set forth below.
You are responsible for obtaining access to the service and that access may involve third party fees such as Internet service provider, equipment. You agree to pay for all hardware and services costs needed to access the Site and use the Services.

Article 1: Site Content

ArtMarketInsight.com broadcasts online data, articles, indices, statistics and graphs related to art and the art market.
Such broadcast online constitutes a processing of the raw information and its incorporation in the base by manual processing.
The ARTPRICE company offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information it collects.

Article 2: Use of the service

If you want to make commercial use of the service, please send us your request through the application form on the contact page.
ArtMarketInsight reserves the right to establish limits concerning the use of the service, including the maximum disk space allotted on ARTPRICE's servers, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You further acknowledge that ArtMarketInsight reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that ArtMarketInsight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You may use the service for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell nor exploit for any commercial purposes, any portion of the service, use of the service, nor access to the service.
The ARTPRICE company reserves the right to limit the number and frequency of queries and consultations effected on ArtMarketInsight site and any such reduction or limitation shall under no circumstances be considered grounds for any demand or occasion of any prejudice to the user.
We forbid any queries that do not conform to the profession's customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.

Article 3: property

All programmes, services, procedures, concepts, non-commercial software, brands, technological elements and content of the articles as well as all the services (data, graphs, statistics, indices) offered by ArtMarketInsight remain the full and exclusive property of the ARTPRICE company.
All unauthorised use of its rights is forbidden.
Specifically, the ARTPRICE company has authorship rights over ArtMarketInsight contents which are protected under the terms of article L 112-3 of the French Intellectual Property Code (Code de la Propriété Intellectuelle) and these may never be used except for brief quotation as allowed for under the exception in article L 122-5 of the Intellectual Property Code.
Specifically any use or quotation of data contained in ArtMarketInsight broadcast to the public shall respect the rights of the ARTPRICE company and must be accompanied by the legend: "source: ARTPRICE.COM".

Article 4 : Copyright

The service is protected by French and international copyright, patent and trademark laws and other intellectual property laws.
You acknowledge and agree that ArtMarketInsight and any necessary software used in connection with ArtMarketInsight contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in sponsor advertisements or the information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ARTPRICE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. See also Copyright

Article 5: Absence of guarantee and limitation of responsabilities

All information in the articles of ArtMarketInsight are provided "as seen" and the ARTPRICE company offers no express or implied guarantee on as to the content of this information which has been collected and collated from other pre-existing elements which may themselves contain a certain number of errors.
The ARTPRICE company, while seeking to minimise these errors, nevertheless accepts no responsibility for the presence of any erroneous information on its data bank. By this contract the user renounces any claim or right to engage in litigation relative to any loss or injury caused by any such errors on the basis of contractual or criminal responsibility or on any other basis.
You understand and agree that your use of our service is at your sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You understand and agree that the service and all information included or accessible from the service, are provided on an "As is;" "Where is" and "Where available" basis, and are subject to change at any time without notice.
You understand and agree that Artprice does not guarantee that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected.

Article 6: Visitors Conduct

You agree to follow the following rules of conduct when using the service:
1. You will follow these Terms and all applicable laws;
2. You will not harass, threaten or abuse other people when using the service in any manner;
3. You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the service;
4 You will not retrieve any data or other content from this site (systematically or otherwise) to create or compile, directly or indirectly, a collection, compilation, database, directory or any other record of the data and/or content without ARTPRICE's express written permission.
If you use the data, content and/or materials from this site for any purpose not expressly permitted in these Terms, violate any of the other guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the service without prior notice;
5. You agree to not use the service intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law.

Article 7: Application date of contract

This contract shall come into effect at the date it is first accepted.
The ARTPRICE company reserves the right to modify this contract at any moment by broadcasting the modifications on line and it is the responsibility of the client to regularly inform him/herself of the information for users that shall be made available on line for this purpose.
If the client continues to use the site ArtMarketInsight.com after the online broadcast of any such modifications he/she shall be deemed to have accepted the present contract along with its modifications.

Article 8: Legal Juridiction

This contract is subject to French law.
The client and the ARTPRICE company accept the competence of the courts of LYON to rule on any litigation relating to the termination or cancellation of this contract.

Lyon, 15 April 2004

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