Art-Care
Terms of Use
Thank
you for using this web site (the “Web Site”) which is
owned and operated by Art-Care, LLC, 2105 R Street, NW, Washington,
D.C. 20008 (“Art-Care"). We can be reached by e-mail
at info@art-care.com.
Copyright Agent
Art-Care respects the intellectual property of others, and we ask
visitors to the Web Site to do the same. If you believe that your
work has been used in a way that constitutes copyright infringement,
the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to Art-Care's
designated Copyright Agent:
1. Identification of the copyrighted work(s) that you claim has
been infringed;
2. Identification of where the material that you claim to be infringing
is located on the Web Site;
3. A statement that you have a good faith belief that use of the
disputed material is not authorized by the copyright owner, its
agent, or the law;
4. A statement that the information in the notification is accurate,
and under penalty of perjury, that you are the owner of an exclusive
copyright that is allegedly infringed or are authorized to act on
the copyright owner's behalf;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Art-Care's
designated Copyright Agent for notification of claims of copyright
infringement on the Web Site is Judith Tartt, who can be reached
as follows:
Art-Care LLC
2105 R Street, NW
Washington, DC 20008
Telephone: 1-866-ART-4455
Fax: 202-588-6370
E-mail: info@art-care.com
Trademark
Information
ART-CARE® is the registered trademark of Art-Care, LLC. You
agree not to display or use our trademark in any manner without
our prior written permission.
ART-CARE
Liability and Warranty
UNDER NO CIRCUMSTANCES IS ART-CARE OR ANYONE WHO HELPED ART-CARE
CREATE, PRODUCE, DELIVER, OR MAINTAIN THE WEB SITE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ATTORNEYS'
FEES ARISING FROM YOUR ACCESS TO OR USE OF THE WEB SITE, INCLUDING,
BUT NOT LIMITED TO, CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL,
AND SLANDER WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE.
YOUR
USE OF THE WEB SITE IS AT YOUR RISK. EVERYTHING ON THE WEB SITE
IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT.
Because
some states do not permit the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may
not apply to you.
CLIENT
Warranty
If you are a Client, and you wish to post a photograph, you warrant
that you are the owner of the work of art or other collectable (the
“Work”) depicted and that you are the owner of the rights
in and to the photograph(s) and/or have obtained any necessary permission,
license or other authorization related to the use of the Work and
the photograph(s) depicting it.
MEMBER
CONSERVATOR Warranty
If you are a Member Conservator, and you wish to provide service
to a Client, you warrant and represent that you are qualified to
provide such service and that you are and will remain liable for
any service that you provide to a Client referred by or accessed
through Art-Care.
CLIENT
and MEMBER Warranty
You agree to: (a) provide accurate, current and complete information
about yourself as required by the registration form, and (b) maintain
and promptly update the information to keep it accurate, current
and complete.
CLIENT
and MEMBER CONSERVATOR Liability and Indemnification
You agree to indemnify and hold Art-Care harmless from and against
any and all liabilities, claims and expenses, including attorneys'
fees, that arise from any breach of these Terms of Use, or from
the use of the Web Site or the transmission of any content or advice
through the Web Site.
Notification
of Changes
Art-Care may revise these Terms of Use over time as new features
are added to the Web Site or as Internet law and standards evolve.
We will post those changes prominently so you will always know what
information we gather, how we might use that information and whether
we will disclose it to anyone. We do, however, recommend that you
read these Terms of Use and all other Art-Care policies contained
on the Web Site each time you log on, in case you missed our notice
of changes.
Governing
Law
The Web Site shall be exclusively governed by, and construed in
accordance with, the laws of the United States (including copyright
and trademark laws) and the laws of the District of Columbia applicable
to contracts entered into and to be performed entirely therein,
without regard to conflict of law rules. You consent to the jurisdiction
of the appropriate local and federal courts of the District of Columbia.
General
These Terms of Use, including the Privacy and Copyright provisions,
constitute the entire understanding between Art-Care and you with
respect to the Web Site. In the event that any portion of these
Terms of Use is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intention and the remainder of
the provisions shall remain in full force and effect. Art-Care's
failure to insist upon or enforce strict performance of any provision
of these Terms of Use shall not be construed as a waiver of any
provision or right.
BY
USING THE WEB SITE AND PROVIDING INFORMATION, YOU SIGNIFY YOUR ASSENT
TO THESE TERMS OF USE AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION
OF YOUR USE OF THE WEB SITE, YOU WARRANT THAT YOU WILL NOT USE THE
WEB SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE
TERMS OF USE OR ANY OTHER POLICY LISTED ON THE WEB SITE.
For
more information about Art-Care or if you have any questions about
our Terms of Use, please contact us:
Toll free phone: 1-866-ART-4455
e-mail: info@art-care.com
We'll
be happy to answer your questions or hear your concerns.
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