Last Update: February 2024
c. You may need to update third-party software from time to time in order to use the AuthenticArt Services.
2. Account, Password & Security
a. The full use and benefit of using the AuthenticArt Website will require you to open an account and complete the registration process by providing certain information and registering a password.
b. For the management of the collection, users may be asked to provide additional information, such as clarification of personal details (for example the different addresses where you may hold collection items), particularly to enable us to provide required information for insurance and financial management purposes.
c. Each person or organization may only register once and have one account. Your full use of the AuthenticArt Website may only become valid once we have approved your registration and we reserve the right to lawfully refuse registration, which is exercised using our sole discretion.
d. You are solely responsible for maintaining the confidentiality of the password and for all use and activities under your account. We do not assume liability or responsibility for your identification as a result of your use of our Service. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your credentials and/or password.
e. You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission
f. You also specifically confirm that you will:
Notify us immediately of any unauthorized use, including any unauthorized use of your registration/account with the AuthenticArt Website or any other known or suspected breach of security; and
Use your own reasonable efforts to immediately stop any such misuse.
3. Rights we grant you
a. AuthenticArt grants you a personal, non-exclusive, non-assignable and non-transferable license to access and use the AuthenticArt Services for your personal and non-commercial use only.
c. Additionally, you will not:
Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the AuthenticArt Services;
Use any robot, spider, scraper, or other automated means to access the AuthenticArt Services;
Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the AuthenticArt Services;
Insert any code or product or manipulate the content of the AuthenticArt Services in any way;
Use any data mining, data gathering, or extraction method;
Upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the AuthenticArt Services, including any software viruses or any other computer code, files or programs;
Use the AuthenticArt Services in any way that violates, plagiarises, misappropriates, or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy, or publicity;
Use the AuthenticArt Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order, or is otherwise illegal or unlawful in AuthenticArt’s reasonable opinion;
Use the AuthenticArt Services to impersonate or attempt to impersonate AuthenticArt, an AuthenticArt employee, another user or any other person or entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
Use the AuthenticArt Services for harassing, unethical or disruptive purposes or use the AuthenticArt Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, or in a manner to incite hatred on grounds of race, gender, religion, sexual orientation, or in any other manner objectionable in AuthenticArt’s reasonable discretion;
Post sensitive information via the AuthenticArt Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses;
Create or submit unwanted emails, comments, or other forms of commercial or harassing communications (aka. “spam”) to other users of the AuthenticArt Services; and
Exploit the AuthenticArt Services for any commercial purpose, including without limitation, the sale of access to the AuthenticArt Services or the sale of advertising, sponsorships or promotions placed on or within the AuthenticArt Services.
4. Your Content
a. Some of our AuthenticArt Services may enable users to submit, post, publish, share or otherwise provide content (“User Generated Content”). Each user is solely responsible for all content that they provide on or through the AuthenticArt Services.
b. By submitting, posting, publishing or otherwise providing any User Generated Content on or through the AuthenticArt Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Generated Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving the AuthenticArt Services, and developing new AuthenticArt Services. You represent and warrant that: (i) you own or otherwise control all of the rights to your User Generated Content; and (ii) the use of your User Generated Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
c. We do not endorse or make any representations or warranties of any kind with respect to any User Generated Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with the AuthenticArt Services (whether online, offline, orally, in writing or otherwise) by any user and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Generated Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
5. Intermediary Services
a. As a User you may have access to products and services of third-party suppliers which are not part of AuthenticArt. Unless stated otherwise, these products and services will be provided to you under the third-party supplier’s terms and conditions. If applicable, we will share the terms of the third-party supplier and you must ensure you review them before agreeing to use the third-party’s product or service. AuthenticArt acts as an intermediary and is not responsible for any liability for your use of third-party supplier products or services.
b. Appraisal Service:
i. AuthenticArt’ Appraisal Service offers collectors a seamless, fast, and easily accessible service to request an appraisal for your art and collectibles directly from the AuthenticArt Website, more specifically from the user’s account on iamArt. This service allows collectors to easily track and update the value of their collection, based on appraisal performed by a professional and recognized appraiser.
ii. AuthenticArt acts as the intermediary between the collector requesting an appraisal and a global pool of recognized appraisers. When matching the mandate with potential appraisers, AuthenticArt always favors appraisers that follow the strictest regulations, are certified by a recognized appraisal body following the Uniform Standards of Professional Appraisal Practice (USPAP), and have the relevant expertise in the item the user seeks to appraise. Appraisals can be obtained for items of any medium (e.g. painting, sculpture, etc.). However, appraisals can only be performed for items of a limited edition or unique.
iii. AuthenticArt cannot guarantee that it will be able to match the request for appraisal with an appraiser, or that it will get an appraiser to accept the mandate.
iv. Regardless of the outcome, the Appraisal Service has a minimum cost of $35 US Dollars , which will be charged to the User upon request. Failure to pay the minimum fee may result in the suspension or cancellation of the User’s account.
v. Upon initiating a request for Appraisal Service, the User will have to pay the requested deposit before AuthenticArt starts its intermediary coordination work.
vi. AuthenticArt is not responsible for the outcome or quality of the appraisal report resulting from the Appraisal Request, as it is only an intermediary, and any information contained in the appraisal report is at the sole discretion of the selected appraiser.
6. Intellectual Property
a. You acknowledge that except for any User Generated Content, any and all other software (including source code), logos, icons, the website’s “look and feel”, text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by AuthenticArt and/or its licensors and are protected by the Canadian and international copyright, trade secret or other intellectual property laws and treaties.
b. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the AuthenticArt Services or the content on the AuthenticArt Services except as set forth in these Terms. Additionally, you may not use the AuthenticArt Services, any tools provided by the AuthenticArt Services, or any content on the AuthenticArt Services for any commercial purposes without our consent.
c. The AuthenticArt and iamArt names and logos and all related names, product and service names, designs and slogans are trademarks of AuthenticArt, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the AuthenticArt Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by AuthenticArt. You may not use, copy, or imitate any such branding, logos, designs, without the express prior permission of AuthenticArt.
9. Availability of Services
a. AuthenticArt has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on AuthenticArt Website and provides that information on an “as is”, “as available” basis. AuthenticArt does not give or make any warranty or representation of any kind about the information contained on the AuthenticArt Website, whether express or implied.
b. Use of the AuthenticArt Services, the AuthenticArt Website, and the materials available through the AuthenticArt Services is at your sole risk. AuthenticArt cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from AuthenticArt is free of viruses or other harmful components.
c. You accept that AuthenticArt will not be provided uninterrupted or error-free, that defects may not be corrected or that AuthenticArt, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses, or any similar malicious software.
d. AuthenticArt is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
10. Third Parties
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE AUTHENTICART SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE AUTHENTICART SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE SERVICES.
12. Limitations of Liability
Without limiting the foregoing, under no circumstances will any of the AuthenticArt Parties be held liable for any delay or failure in performance in any way resulting from acts of nature, forces, or causes beyond our or their reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
14. Term and Termination; Survival
15. Third-Party Intellectual Property Rights and Copyright Claims
a. AuthenticArt respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, contact us at firstname.lastname@example.org. If a copyright holder notifies AuthenticArt that any content infringes a copyright, AuthenticArt may in its sole discretion remove such content from the AuthenticArt Services or take other steps that AuthenticArt deems appropriate, without prior notification to the user or other party who supplied or posted that content. If such user or other party believes that the content is not infringing, he or she may in certain circumstances submit a counter-notification to AuthenticArt with a request to restore the removed content, which AuthenticArt will evaluate within the context of the request, with the final decision at AuthenticArt’s sole discretion.
b. We reserve the right to remove or disable access to any AuthenticArt content or any other materials posted to or otherwise displayed through the AuthenticArt Services, including any AuthenticArt content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any AuthenticArt content or materials.
For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (as amended from time to time, the “DMCA”) if you believe in good faith that any content on the AuthenticArt Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on the AuthenticArt Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the AuthenticArt Services ; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at https://www.copyright.gov/dmca/. Notices and counter-notices should be sent to email@example.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the AuthenticArt Services of repeat infringers.
17. General Provisions