Terms & Conditions
Welcome to Artory. The Artory website (the “Site”) is comprised of various web pages operated by Artory Inc. (“Artory,” “us,” “we,” or “our”). The Artory site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
By visiting the Site, you engage in our content and services (the “Service”) and agree to be bound by the following Terms. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, partners, and/or contributors of content. Your use of the Artory Site constitutes your agreement to all such Terms. Please read these Terms carefully. If you do not agree to all of these Terms, then you may not access the Site or use any Service.
Artory’s mission is to protect and grow the prosperity and enjoyment of those who buy, sell, and own art. The core product is the Artory Registry, which is a secure, digital database of verified information from vetted partners about artworks and collectibles, and their history. The Artory Registry is currently available only to vetted partners.
Visiting the Site, or sending emails to, or receiving emails from Artory, constitutes electronic communications. You consent to electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites
The Artory Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Artory and Artory is not responsible for the contents of any Linked Site, including, without limitation, a link contained in a Linked Site, or any changes or updates to a Linked Site. Artory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artory of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Artory strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Artory that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, logos, graphics, images, as well as the compilation thereof (the “Content”), and any software used on the Site, is the property of Artory or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. All Content on the Site are protected from copying, imitation, or simulation under United States and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Artory Inc. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content.
You will not scrape, modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Artory content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will make no other use of the content without the express written permission of Artory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Artory or our licensors, except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by Artory Inc. from our offices within the United States. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Artory Content accessed through www.artory.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Artory, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, or expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Artory reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Artory in asserting any available defenses.
Artory is provided on an “as is” and “as available” basis, and without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We, and our subsidiaries, affiliates, and licensors do not warrant that Artory will function uninterrupted, secure or available at any particular time or location, or that any errors or defects will be corrected, or that the platform is free of viruses or other harmful components.
THE INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTORY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARTORY INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTORY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTORY INC. AND/OR ITS SUPPLIERS 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, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARTORY INC. OR ANY OF ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Artory reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artory as a result of this agreement or use of the Site. Artory’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Artory’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artory with respect to such use. If any part of this agreement is determined to be an invalid or unenforceable provision, it will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Artory with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Artory with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver: Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collection actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACTIY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Artory 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.
Changes to Terms
Artory reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. Artory encourages you to periodically review the Terms to stay informed of our updates.
We welcome your questions or comments regarding the Terms. Please reach out to us at email@example.com.
Effective as of March 1, 2018