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The Subscription Agreement and Terms of Sale (hereafter, the "Agreement") governs your use of Blouin Art Sales Index products and services more fully described below ("Products"), and creates a legally binding agreement between you and Blouin Artinfo Corp ("we," "us," "our," or "Blouin Art Sales Index"). By checking the box marked âI accept Terms and Conditionsâ at the registration page, you accept and agree to be bound by this Agreement.
Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. Changes to this Agreement may be posted on our website without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use BlouinArtinfo Corp products.
Blouin Art Sales Index offers a variety of products and services. Below is a definition of all products and services available on the Blouin Art Sales Index site, and which are included in the term "Products." Pricing and other details about a Product are set forth on the product page for the applicable Product on our website; and such pricing and other details are expressly incorporated by reference into the terms of this Agreement.
The Blouin Art Sales Index is an illustrated online database of all major public auction results. A subscription allows users to conveniently and consistently search auction results dating back to 1922. There are three types of subscriptions that can be purchased for the Blouin Art Sales Index:
1. Monthly subscriptions are monthly recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. The user is granted access to a unlimited number of illustrated searches.
2. Annual subscriptions with an unlimited numbers of searches. The subscriptions renew automatically until canceled by the user.
3. Day pass subscriptions are daily subscriptions which unlimited within the 24-hour subscription period. This subscription expires after 24 hours and does not automatically renew. (tbc)
There are three types of payment methods
1.Annual subscription set to auto-renew on the one year anniversary of initial subscription. Automatically charged to the credit card on file.
2. Monthly subscription, set to auto-renew on the last day of each month. Automatically charged to the credit card on file.
3. One-time payments for products which do not renew
All Product prices are listed on each product page describing the subscriptions and in the registration page and cart. You agree to pay the price for the Product indicated in the pricing schedule set forth on these pages. At the time of account creation or purchase, you need to provide accurate information regarding your account, including a valid credit card, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with Blouinartinfo Corp. Your purchases of any Blouin Art Sales Index product will be billed in USD.
If you have purchased an annual or monthly subscription online, you will be fully charged upon sign up. You agree that you will pay the full price for the whole year upfront. All annual and monthly subscriptions renew automatically until not checked the appropriate box during the checkout. If the renewal charge fails, the subscription will expire.
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.
Except if otherwise expressly stated, Blouin Art Sales Index will not refund any subscriptions that have been purchased. When you request a service from us, you agree that we may begin to provide the service immediately, and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away. You can, however, cancel your subscription as described in the "Termination" section of this Agreement.
If you have a disagreement regarding a credit card charge, you may contact the Blouin Art Sales Index customer support team in writing within 90 days of the date of the initial credit card charge. You agree that Blouin Art Sales Index is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted Blouin Art Sales Index customer support in writing with respect to any disputed charge within such period.
You may terminate any Blouin Art Sales Index subscription under this Agreement by contacting us. The effective date of such termination will be the end of the current billing period.
In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:
1. Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of Blouin Art Sales Index.
2. You may print single copies of individual results pages and other items from searches on the Blouin Art Sales Index, but not more than one percent (1%) of the aggregate databases, respectively.
3. We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username, password, or IP address to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, or IP restriction, you must immediately contact the Blouin Art Sales Index customer support team. You agree to cooperate with us to stop further abuse should it occur.
4. We reserve the right to issue replacement usernames and/or passwords at any time.
5. You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of Blouin Art Sales Index.
6. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.
7. Usage Restrictions
You agree that you will not:
(a) Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose
(b) Make any Product, or any element of it, available to other persons
(c) Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network
(d) Remove or obscure any copyright notice(s) from materials including hard-copy print-outs
(e) Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service
(f) Alter, amend, modify, translate, or change any Product, or any element of it
(g) Undertake any activity which may have a damaging effect on our or any of our third-party licensors' ability to achieve revenue through selling and marketing the Products
(h) Otherwise use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it
(i) Permit any third party to obtain remote access to any Product, or any element of it, through your computer network
(j) Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and back-up tapes
(k) Disclose the username or password assigned by us to any person, firm, or company
Blouinartinfo Corp, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided âas is.â Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.
We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the Blouin Art Sales Index customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.
We shall not be liable for any claim or loss arising from:
(a) Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product
(b) Any failure by you to take steps recommended by us to resolve a fault in any Product
(c) Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us
(d) Your inability to use any Product due to website downtime
To the fullest extent permitted by applicable law, Blouin Art Sales Index does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.
Blouin Art Sales Index encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results.
To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.
Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.
You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.
Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.
This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New York, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of New York or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of New York (in the case of state court) or in the Southern District of New York (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.