Please read through these Terms carefully. By accessing the Arts & Collections website at artsandcollections.com (“the Site”) or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Arts and Collections (“Arts and Collections”) and to have agreed to be bound by the terms set out below. The Site is operated by Damson Media Ltd.
1. Intellectual Property Protection
2. Use of Arts and Collections International Content
3. Term and Termination
4. Changes to the Site
5. Registration, Passwords and Responsibilities
7. Community Forums
8. No Warranty, Disclaimer of Liability and Indemnity
9. Force Majeure
11. Governing Law and Jurisdiction
These terms were last updated on 01 June 2018.
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Arts and Collections International Content”), are copyright of Arts and Collections International and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “Arts and Collections International” name and logo or other trade names appearing on the Site) for any reason without written permission from Arts and Collections International. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
You may retrieve and display Arts and Collections International Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Arts and Collections International:
Any use of Arts and Collections Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Arts & Collections.com, Suite 2, 143 Caledonian Road, London, N1 0SL, United Kingdom, and may be subject to a fee.
Arts and Collections may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Arts and Collections Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Arts and Collections provided in these Terms or by law.
Arts and Collections International reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Arts and Collections International Content available on the Site at any time and to restrict the use and accessibility of the Site.
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Arts and Collections International Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Arts and Collections International if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of Arts and Collections International Content or the Site. You will provide Arts and Collections International with accurate, complete registration information (including in particular your e-mail address) and inform Arts and Collections International of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Arts and Collections International reserves the right to monitor and record activity on the Site, including access to Arts and Collections International Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Arts and Collections International does not permit access through a single name and password being made available to multiple users on a network. Arts and Collections International may cancel or suspend your access to the Site if you do this without further obligation to you.
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Arts and Collections and interaction between users and Arts and Collections representatives (“Forums”). While Arts and Collections does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Arts and Collections on a Forum. You may not:
By submitting Messages to any Forum you agree to indemnify and hold harmless Arts and Collections from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.
The Forums contain Messages submitted by users over whom Arts and Collections has no control. Arts and Collections cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting Arts and Collections perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Arts and Collections reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Arts and Collections to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Arts and Collections immediately.
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Arts and Collections makes no warranty, express or implied concerning Arts and Collections Content, the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”. Arts and Collections expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Arts and Collections, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Arts and Collections has been advised of the possibility that such damages may arise. Arts and Collections does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Arts and Collections, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Arts and Collections exceed the amount, if any, paid by you to Arts and Collections in respect of the particular Site Service to which the claim relates.
Upon Arts and Collections’ request, you agree to defend, indemnify and hold harmless Arts and Collections from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
Arts and Collections, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Arts and Collections Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. Arts and Collections may, in its discretion, change these Terms (including those relating to your use of Site and/or Arts and Collections Content). When Terms are changed, Arts and Collections will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Arts and Collections has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Arts and Collections Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Arts and Collections is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Arts and Collections is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Arts and Collections.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Arts and Collections must be given in writing by letter and sent to Arts and Collections’ last known place of business in London (for the attention of the web production department).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of Arts and Collections, Arts and Collections shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
All competitions offered by Arts & Collections from this Website (“Competitions”) are open to individuals worldwide who are aged 18 or over, although prizes that include electrical equipment or bulky items are strictly limited to individuals resident in the United Kingdom, Republic of Ireland or Channel Island. No employees (and their families) of Arts & Collections or anyone else connected with the Competitions may enter.
All entrants must register for the relevant competition or prize draw by giving their correct name and email address. Entries must reach the website by the closing date. Competition winner(s) will be selected at random from entries that answer the question(s) correctly. Prize draw winners(s), including prize draw winners associated with quizzes, will be draw at random from all entries. Multiple entries are accepted and will increase the probability of winning a prize. The winner will be announced after the competition closing date, and the winner will then be notified within 28 days of the prize draw or competition closing date. No employees of Arts and Collections International or any company associated with this competition or any member of their close family may enter. No companies or agencies may enter. The prizes are as stated and no alternatives, cash or otherwise, are available. Arts and Collections reserve the right to change the prize for another prize of equal value. No purchase necessary. Publicity may be given to any competition winners and/or entrants, and their names and/or photographs published. Arts and Collections accepts no liability for any loss, damage or injury caused by any prizes won. Where prizes are offered on behalf of an associated company, these prizes are provided in their entirety by these associated companies. Arts and Collections cannot be held responsible for any failure to provide prizes as specified and all enquiries relating to such prizes will be referred to the associated companies. The publisher’s decision is final and no correspondence will be entered into. If you do not want to be contacted with future offers and promotions from Arts and Collections and other carefully selected companies please tick the relevant opt out boxes provided on each competition and prize draw page.
All Competitions shall be subject to terms and conditions as displayed on the Website in relation to each Competition.