If you do not agree with these Terms of Service you must immediately cease all use of the Services and leave the Site.
1. 2 We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Service and or other Policies of use at any time. Your continued use of this Site following the posting of changes to these Terms and conditions constitutes your acceptance of those changes.
1. 3. Our Service.
Our web Site and services provided to you on and through our Site on an “AS IS” and “AS AVAILABLE” basis. You agree that the owners of this Site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its Services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
2. 1 “Site” means VeriArtem.com
2. 2 “Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material uploaded on the Site.
2. 3 “Item” an object of art offered on the Site pursuant to the rules set out in these Terms of Services and in accordance with the applicable laws.
2. 4 “Service” means all or any services provided by us through Site.
2. 5 “Author” means registered user granted right to upload and edit his / her content on site related to art and antique also referred “author” , “you” and “your”
2. 6 “User”: means registered user of the site also refereed “you” and “your”
2. 7 “Visitor” means person browsing the site. also referred “you” and “your”
3. Age Restriction
You must be 18 years of age or older to register or use the Services available via the Site. By continuing to use the site , you are warranting that you are at least 18 years old and you have the authority to agree to the Terms of Service.
4. Membership Accounts and Passwords
4. 1 Access to some of the content, services, and features on this Site requires users to register using the form provided. Each registered account is for a single user only and registration may require you to provide certain personally identifiable information, such as your name, e-mail address,
4. 2 Only Registered Users can upload content , post review and or comments.
4. 3 You can create only one membership account per person or business entity. You may not assign, transfer or otherwise deal with your membership. Upon registration you will select a password which, together with your email address, you will use to log on to your account.4. 3. By using our Service, you agree to keep your username and password secure and confidential for your access to the Site and you agree not to allow any other person or entity to use your username or password.
4. 5 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our sole discretion you have failed to comply with any of the provisions of these Terms of Service.
4. 6 If you think someone has used your Account login details without authorisation,
or you become aware of any other breach of security, you must let us know immediately.
5. 1. You agree that you are solely responsible for all activity that occurs on your Account.
5. 2 Any content you upload to a Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required and agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
5. 3 You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content.
5. 4 We have the right to disclose your identity to civil / law enforcement authorities
if we believe is necessary to comply with any law, regulation, or governmental request and provide information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to a Site constitutes a violation of their intellectual property rights, or of their right to privacy.
5. 5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of a Site.
We may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
6. Your Conduct:
6.1 Any decisions as to whether Content violates any posting rule set forth in these Terms of Service will be made by us in our sole discretion and after we have actual notice of such posting.
You explicitly agree, using our Site or any service provided, that you shall:
6. 1. 1 not provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic.
6. 1. 2 upload Nude Art Items only paintings and sculptures images.
Provocative Art Content can be uploaded only if viewing is available for pay per view users or paid subscribers. We have the right, at our sole discretion, to decide if an nude art item is Provocative Art and to refuse to be uploaded on our Site.
6. 1. 3 not provide any Content designed to or does interfere or interrupt this Site or any service provided, infected with a virus or other destructive or deleterious programming routine.
6. 1. 4 not use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
6. 1. 5 not impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you.
6. 1. 6 not hold yourself out as sponsored by, endorsed by, or affiliated with us.
6. 1. 7 not infringe other individuals’ privacy rights or rights of publicity.
6. 1. 8 not contact anyone who has asked not to be contacted.
6. 1. 9 not collect or harvest any data automated and or systematic about other users.
6. 1. 10 not provide or use this Site and any Content or Service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising.
6. 1. 11 not discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
6. 1. 12 not provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. 1. 13 not sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual, or repeats prior posting of the same message under multiple threads or subjects.
6. 1. 14 not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Site Content in any way except for your own personal use. Nor may you use the Site to create, amend, update or verify any databases, directories, User lists, mailing lists or other records.
6. 1. 15 not otherwise breaches these Terms of Service
6. 2 When you upload material to the Site, you may be exposed to comments or critical submissions from other Users that are inaccurate, misleading, unfair, offensive, indecent or otherwise objectionable to you. You explicitly agree, hereby to waive any rights or remedies you have or may have against the Site with respect to any such comments or submissions.
7. Prohibited Posting
7. 1 You explicitly agree, in using this Site or any Service provided, that you shall:
7. 1. 1 not posting an item for sale that is illegal to own, sell or buy or is against the law in your area of residence.
7. 1. 2 not posting item price or adding link to item online order or shopping cart
7. 1. 3 not posting content that have no connection with art. Your content must be about art.
We do not allow content that say, “come to my web site for more details” in the description.
7. 1. 4 not posting duplicate content in multiple categories.
7. 1. 5 not posting a content in an incorrect or misleading category or with misleading information.
7. 1. 6 not posting a content containing a keywords not directly related to the offered item or service.
7. 1. 8 not posting a content of no use other than to send traffic to a web site.
7. 1. 9 not posting a content that defames anyone or contains hate speech.7. 1. 10 not posting a content using multiple different email addresses.
7. 2 We reserves the right, but not the obligation, to suspend or delete your Account if we determine in our sole and absolute discretion that you are violated our Terms of Service.
7. 3 A VIOLATION OF THESE PROHIBITED POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
7. 4 YOU AGREE TO WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
8. No Duty to Monitor or Moderate
8. 1 We are under no duty to you to monitor or record the activity of any Author or Site user.
8. 2 Content generated by Authors is not moderated.
8. 3 We have the right, but not the obligation to monitor any Content and we have the right in our sole discretion to refuse or remove any Content if:
8. 3. 1 in our opinion, such content does not comply with our Terms of Service.
8. 3. 2 we are notified that it may be offensive, illegal or defamatory.
9. 1 In accordance with clause 3. children’s are not permitted to become Registered Users or use the Site.
9. 2 Parents or legal guardians are responsible for supervising Children when
they use Site, this is not our responsibility.
9 .4 Parents or legal guardians who permit children to use Site are advised that it is very important that they explain of the potential risk to them and about about their safety online. This is not our responsibility.
10. Fees and Payment
10. 1.Some Services require payment in full for selected period before their use. The total cost of your order will be set out clearly before you submit your order for the Service. We shall not be bound to supply any Services to you and shall be under no obligation to do so, until we have received the necessary cleared funds in full.
10. 2. If you choose Subscription your first payment will be taken immediately. Subsequent payments will be taken on 30 day.
10. 3. Should you cancel your subscription,
no further payments will be taken. Please allow 48 hours for your cancellation to be processed, payments due during that 48 hour period may still be taken.
10. 4. Failure to Pay: We may temporarily deny Service or terminate this Agreement if you fail to pay charges when due. If you fail to pay for next month when due reconnection fee of £ 10 may apply. If no payment is received within 24 hours your account may be terminated.
10. 5. We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.
10. 6 Refund: The Site does not offer any refunds for the early cancellation.
11. Events Outside Our Control
11. 1. We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control each a “Force Majeure Event” including but not limited to:
11. 1. 1. strikes or other industrial action and lockouts
11. 1. 2. civil commotion, government lockdown, riot, terrorist attack or threat of terrorist attack, war whether declared or not preparation for war invasion, or foreign government undercover biological and or chemical attack.
11. 1. 3. fire, storm, flood, earthquake, epidemic or any other natural disaster
11. 1. 4. impossibility of the use of public or private transport.
11. 1. 5. impossibility of the use of public or private telecommunications networks.
11. 2. Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extent the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Service can be performed despite the Force Majeure Event.
12. Disclaimer of Warranties
12. 1 YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT.
12. 2 THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WE OUR LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
12. 3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitations on Liability
13. 1 IN NO EVENT SHALL WE, OUR LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.
13. 2 YOU AGREE THAT THE OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US, IF ANY, FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
13. 3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO:
14. 1 THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE.
14. 2 ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU.
14. 3 THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions of website use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Service, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16. 1 You agree that without regard to any statue or contrary law that any claim or cause arising out of this site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
17. Links to Other Websites
17.1 The Site contains links to other sites as a convenience to you. We are not responsible for the availability of these outside links or their contents and they are not owned or controlled by us.
17. 2 The inclusion of such a links does not imply endorsement of the any third party website or its contents or any association with its operators.
17. 3 We are not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods, or services available on such third-party sites. If you decide to access linked third-party web sites, you do so at your own risk.
18. Communications with Third Parties Through the Site.
18. 1 Your dealings or communications through the Site with any party other than us are solely between you and that third party.
18. 2 Under no circumstances the Site will be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully third party’s practices and policies and make sure you are comfortable with them before you engage in any transaction.
19. Prevailing Language.
English is the only language in which we communicate with you.
20. 1 Each party can terminate this Agreement by sending other party e-mail with at least 30 days prior cancellations notice.
20. 2 In the event that we terminate this Agreement, or any Service, you paid for, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.
21. Cooperation with Law Enforcement Authorities
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user. YOU AGREE TO WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.