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The following are the terms and conditions (the
"Terms") under which you (a "User") may use the
web sites and co-branded web sites of Christie's Inc. (the "Company")
at www.christies.com and/or any other addresses (any or all of which
are herein referred to as the "Web Site"). Please read this
page carefully. By accessing and using the Web Site, you accept and
agree to be bound, without modification, limitation or qualification,
by the Terms. The Company may, at its sole discretion, modify or revise
the Terms at any time by updating the text of this page. You are bound
by any such modification or revision and should therefore visit this
page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect
to transactions conducted on or in connection with the Web Site,
and other rules may be provided for the use of certain other items,
areas or services provided on or in connection with the Web Site,
and you agree to be bound by such rules.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS,
CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON
THE WEB SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS
AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED
TO HEREIN AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY
OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.
Section 1. The Material on the Web Site
WARNING: The content of the Web Site is not intended for
minors. Such content extends to a wide range of art and antiquities,
is generally uncensored, and may include nudity or other graphic
or literary content that some people may consider offensive, as
well as access to live or electronic bidding on articles such as
firearms and alcoholic beverages that may be harmful and/or illegal
in the hands of minors and children and/or inappropriate for them
to view or have access to. If you allow your child to use your computer,
it is your responsibility to determine whether any of the services,
content and subject matter displayed on the Web Site is inappropriate
for your child, and to control the child's use of the computer accordingly.
If you yourself find offensive content of the type referred to above,
you should not use the Web Site.
The contents of the Web Site, such as text, graphics, images, audio,
video, data, coding, scripts, computer programs and other material
("Material" or "Materials"), are protected by
copyright under the laws of the United States as well as other countries,
and are owned or controlled by the Company or by third parties that
have licensed their Material to the Company. The Company authorizes
you to view and download a single copy of the Material solely for
your personal, non-commercial use, or in the case of dealers, to
display to your clients solely for purposes of facilitating a transaction
with the Company. The use of any software that is made available
for downloading from the Web Site ("Software") is governed
by the terms of the software license agreement accompanying such
software (the "License Agreement"), and is conditioned
on your agreement to be bound by the terms of the License Agreement.
All rights in and to the Material not expressly granted to you in
the Agreement are reserved. Neither the availability of, nor anything
contained within the Web Site shall be construed as conferring any
license under any of the Company's or any third party's intellectual
property rights, other or further than as expressly provided in
the foregoing provisions of this paragraph, whether by implication,
estoppel or otherwise.
Unauthorized use of the Material may violate copyright, trademark,
and other laws. You may not sell, prepare derivative works based
on or modify the Material (including, without limitation, preparation
of summaries of the Material or "thumbnails" of any images
therein), or reproduce, publicly display, publicly perform, distribute,
or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material or any portion thereof on any other
web site, or in any publication, database, catalog or compilation,
or in a networked computer environment for any purpose other than
personal browsing of the Web Site without the express prior written
permission of the Company is strictly prohibited. With respect to
any copy you make of the Material within the scope of the limited
personal license granted herein, you must retain therein, unmodified
and unobscured, any and all copyright and other proprietary notices
contained in the original Material. Some of the Material may contain
digital "watermarks" to indicate their source and ownership.
You agree not to attempt to remove, deactivate, reverse engineer,
modify, tamper with or obscure any such watermarks. The trademarks,
logos and service marks (the "Marks") displayed on the
Web Site are owned by the Company or third parties. You are prohibited
from using the Marks without the express, prior written permission
of the Company or such third party. If you would like information
about obtaining the Company's permission to use the Material on
your web site, info@christies.com.
The Company reserves the right to employ robot exclusion headers
and similar mechanisms within the Web Site, and you agree that you
and all persons and facilities under your control will honor such
headers and mechanisms. Regardless of the presence or absence of
any such headers or mechanisms, and without limiting the generality
of any other restriction on use of the Web Site or the Material
set forth in this Agreement, you will not in any event use any robot,
spider, or other automatic or manual device or process for the purpose
of compiling information regarding the identification, address or
other attributes of any of our Users, bidders or sellers, or to
recreate in original or modified form any substantial portion of
the Web Site. You further agree not to use any device, software
or routine to interfere or attempt to interfere with the proper
functioning of the Web Site or any transactions being conducted
on or in connection with the Web Sites. You agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on our servers or systems.
If you violate any provision of the Agreement, your permission
to use the Material and the Web Site automatically terminate and
you must immediately destroy any copies you have made of the Material.
The Company respects the intellectual property of others, and we
ask our Users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please
provide the Company's Copyright Agent the following information:
an electronic or physical signature of the person authorized
to act on behalf of
the owner of the copyright interest
a description of the copyrighted work that you claim has
been infringed
a description of where the Material that you claim is infringing
is located
on the site
your address, telephone number, and e-mail address
a statement by you that you have a good faith belief that
the disputed use is
not authorized by the copyright owner, its agent, or the law
a statement by you, made under penalty of perjury, that the
above information
in your Notice is accurate and that you are the copyright owner
or authorized
to act on the copyright owner's behalf
The Company's Copyright Agent for Notice of claims of copyright
infringement on its site is Sherri Duitz who can be reached as follows:
By mail:
Sherri Duitz, Esq.
Copyright Agent
Christie's Inc.
20 Rockefeller Plaza
New York, NY 10020
Tel: 212-636-2640
Section 2. Privacy; User Submissions
The Company is committed to maintaining your privacy. The Company
does, however, gather certain information that you provide to the
Web Site. For information regarding the Company's policies for using
User information please read our Privacy Policy.
The Company may provide certain areas of the Web Site (such as
chat rooms, message boards or other facilities) designated as open
to public access or to our Users at large (each of which is referred
to herein as a "Public Area"). Generally, any communication
that you post to a Public Area is considered to be non-confidential.
By posting communications (including any graphic or multimedia
content) to any Public Area, you automatically grant the Company
a royalty-free, perpetual, irrevocable non-exclusive license to
use, reproduce, modify, publish, edit, translate, distribute, publicly
perform, and publicly display the communication and any trademarks,
names or likenesses therein alone or as part of compilations or
other works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees. (Provisions conferring similar rights on
the Company may apply under separate terms or agreements with respect
to certain matter submitted other than in Public Areas; you should
check the applicable agreements or terms provided by the Company
in order to ascertain your rights.)
The Company does not screen communications in advance and is not
responsible for screening or monitoring material posted by Users.
As a User, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not
do any of the following things while accessing or using the Web
Site or using the Material: (1) post or transmit any material unless
you are the owner of all patent, trademark, copyright, trade secret
or other proprietary rights ("Rights") therein, or have
the permission of the owner of the Rights to post or transmit such
material to the Web Site; (2) post material that otherwise violates
any Rights of any third party or violates or infringes on the privacy
or publicity rights of third parties; (3) post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing
or otherwise objectionable to another User or any other person or
entity; (4) post sexually-explicit language or images; (5) post
advertisements or solicitations of business; (6) post or transmit
any chain letters or pyramid schemes; (7) impersonate another person
or entity; (8) intentionally or unintentionally violate any applicable
local, state, national or international law while using or accessing
the Web Site or the Material; or (9) post or transmit any information
containing a virus or other harmful component.
If notified by a User of communications that allegedly do not conform
to any term of this Agreement, the Company may investigate the allegation
and determine in its sole discretion whether to remove or request
the removal of the communication. The Company has no liability or
responsibility to Users for performance or non-performance of such
activities. The Company reserves the right, in its sole discretion,
to expel Users and prevent their further access to the Web Site
for violating this Agreement or the law. The Company also reserves
the right at all times to disclose any information as necessary
or deemed desirable by the Company to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in
part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE
TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED
BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR
OWN RISK.
Section 3. Registration, Passwords and Signatures
In consideration of your use of the Web Site, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by any registration form that you may fill out on any
Web Site (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any Registration
Data that is untrue, inaccurate, not current or incomplete, or the
Company has grounds to suspect that such Registration Data is untrue,
inaccurate, not current or incomplete, the Company has the right
to suspend or terminate your account and refuse any and all current
or future use of the Web Site (or any portion thereof).
You may receive a password and/or account designation, or a digital
signature upon completing the registration process on the Company's
Web Site. You are responsible for maintaining the confidentiality
of any such password, digital signature and account, and are fully
responsible for all activities that occur under your password, digital
signature or account. You agree to (a) immediately notify the Company
of any unauthorized use of your password, digital signature or account
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. The Company cannot and
will not be liable for any loss or damage arising from your failure
to comply with this paragraph.
Section 4. Use of the Auction or Commerce Portions of the Web
Site
The auction or commerce portions of the Web Site are available
only to clients of the Company. This excludes in all cases minors
(persons who have not reached their eighteenth birthday).
Section 5. Links to Other Sites
The Web Site may contain links to third-party web sites that are
maintained by others. These links are provided solely as a convenience
to you and not as an endorsement by the Company of the contents
of such third-party web sites. The Company is not responsible for
the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party
web sites. If you decide to access linked third-party web sites,
you do so at your own risk.
Section 6. Liability Disclaimers
The Material may contain inaccuracies or typographical errors.
Except as may be separately specifically provided with respect to
a particular sale, the Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Material
or about the results to be obtained from using the Web Site and
the Material. Any use of the Web Site and the Material is at your
own risk. Advice received via the Web Site should not be relied
upon for personal, medical, legal or financial decisions and you
should consult an appropriate professional for specific advice tailored
to your situation. Changes are periodically made to the Web Site
and may be made at any time. Some Material on the Web Site is provided
by third parties and the Company shall not be held responsible for
any such Material provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies
or differences between the descriptions of property provided on
the Web Site, on the one hand, and the saleroom catalogue or saleroom
addenda and announcements related to such property, on the other,
the latter will in all events be considered to be authoritative
and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE,
CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS
SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF
YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
DEPENDING ON YOUR STATE/JURISDICTION.
Section 7. Disclaimers of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH
ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL
THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT
OF THAT USER'S USE OF THE WEB SITE. IN NO EVENT SHALL THE COMPANY
AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR
ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR
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 WEB
SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
THE COMPANY OR ANY OF ITS SUPPLIERS 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 LIMITATIONS MAY NOT APPLY TO YOU.
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against
any losses, liabilities, damages, costs, and expenses, including,
without limitation, reasonable legal, expert and accounting fees,
incurred in connection with any claims, actions or demands alleging
or resulting from your use of the Material (including Software),
your breach of this Agreement, or your violation of law or of the
rights of any third party. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and, if it is one
asserted by a third party, shall provide reasonable assistance to
you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control of Software and Technical Data
The following applies with respect to Software and other Material
of a technical nature that you may obtain from the Web Site (other
requirements set forth in Section 10 below may apply with respect
to items offered for sale, purchased or sold): The United States
controls the export of such items. You agree to comply with such
restrictions and not to export or re-export the Material (including
Software) to countries or persons prohibited under the export control
laws. By downloading the Material (including Software), you are
agreeing that you are not in a country where such export is prohibited
and that you are not on the U.S. Commerce Department's Table of
Denial Orders or the U.S Treasury Department's list of Specially
Designated Nationals. You are responsible for compliance with the
laws of your local jurisdiction regarding the import, export, or
re-export of the Software and/or other Material.
Section 10. Import and Export Regulations Regarding Tangible
Property
The United States and most foreign countries regulate the importation
and exportation of tangible property. Many countries require a declaration
of export for property that is leaving the country. Additionally,
most countries require an Import Declaration at the time of customs
clearance of property into that country. Upon import, these countries
may impose duties, other taxes and/or restrictions on the property.
Many countries also prohibit or restrict importation or exportation
of property containing ivory, tortoiseshell, whalebone, and/or products
derived from other endangered or protected species, and require
special licenses or permits in order to import or export such property.
Other countries regulate movement of antiquities and cultural items,
which in some cases are subject to a right of pre-emption or compulsory
purchase by the country from which they are to be exported. It is
the responsibility of the seller to ensure that the item is properly
and lawfully exported from the country in which it is located. It
is the responsibility of the buyer to ensure that the property is
properly imported into the buyer's country. If you participate in
the auction or commerce portions of the Web site, and, as a result,
purchase property that you plan to ship to another country, you
agree that you are responsible for familiarizing yourself with and
complying with any and all applicable rules and regulations.
THE COMPANY MAKE NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY
WHATSOEVER TO THE SELLER, THE BUYER, OR ANY THIRD PARTY IN RESPECT
OF THE AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT PERMITS
OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER RIGHTS TO PURCHASE
BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
Section 11. General
The Company makes no claim that the Materials are appropriate for
any particular purpose or audience, or that they may be downloaded
outside of the United States. Access to the Materials (including
Software) may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of the United States, you
are responsible for compliance with the laws of your jurisdiction.
The Web Site is based in the State of New York, U.S.A. All legal
issues arising from or related to the use of the Web Site shall
be construed in accordance with and determined by the laws of the
State of New York applicable to contracts entered into and performed
within the State of New York without respect to its conflict of
laws principles. By using the Web Site, you agree that the exclusive
forums for any claims or causes of action arising out of your use
of the Web Site shall be the state courts for or within New York
County in the State of New York, and the United States District
Court for the Southern District of New York. You hereby irrevocably
waive, to the fullest extent permitted by law, any objection which
you may now or hereafter have to the laying of the venue of any
such proceeding brought in such a court and any claim that any such
proceeding brought in such a court has been brought in an inconvenient
forum.
If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. The failure
of the Company to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or provision,
and no waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Web Site must
be filed within one (1) year after such claim or cause of action
arose or be forever barred. This Agreement constitutes the entire
Agreement between you and the Company with respect to the use of
the Web Site. Any changes to this Agreement must be made in writing,
signed by an authorized representative of the Company.
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