Terms of service
TERMS AND CONDITIONS OF USE
Welcome to claverol studio. These Terms and Conditions of Use ("Terms") apply to and govern your use of the claverol studio website including the selection, coordination, arrangement, and "look and feel" thereof (the "Site") and any products, services, applications, newsletters, and other digital offerings that may be provided by or registered with artnet through the Site by you ("Services"). In these Terms, the terms "we" or "us" also refer to artnet. By visiting artnet's Site or using the Services, you accept these Terms and artnet's Privacy Policy, which is incorporated into and a part of these Terms. If you have an account with claverol studio, any related terms that you agree to when you register or sign up for a specific Service are also incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site, request, or register for any Service. claverol studio reserves the right to modify or amend these Terms without notice. Your continued use of claverol studio’s Site or Services following the posting of changes to these Terms will mean you accept those changes.
1 LICENSE TO USE THE SITE AND SERVICES
Claverol studio grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of claverol studio. You may download one copy of Content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such Content, including, without limitation, trademarks and service marks of artnet and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of claverol studio. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services, and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to claverol studio.
The Content, Site, and Services are also protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). claverol studio or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of claverol studio and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
3 TERMINATION OR CHANGE TO SITE OR SERVICES
claverol studio shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. claverol studio may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that claverol studio may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if claverol studio reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of claverol studio or any third party, or for any reason, with or without notice to you. You agree that claverol studio will not be held liable to you or any third party as a result thereof.
4 THIRD PARTY CONTENT AND WEBSITES
As further explained below, some of the Content on the Site is contributed by third parties. Such Content does not necessarily represent the views or opinions of claverol studio. claverol studio does not assume any responsibility for third-party Content Communications posted on the Site or Services. claverol studio does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content. ANY RELIANCE UPON CONTENT POSTED ON THE SITE OR SERVICES BY THIRD PARTIES IS AT YOUR OWN RISK.
The Site and some Services may contain links and pointers to third-party sites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by claverol studio or any of its subsidiaries and affiliates of any third party, its site, resources, or content. claverol studio cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. claverol studio has no control over these sites or the content within them. claverol studio does not warrant that any third-party site will be free of viruses, or that they will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
5 CLAVEROL STUDIO’S RIGHTS TO MATERIALS PROVIDED BY USERS
claverol studio welcomes your participation on the claverol studio Site and Services. By sending messages to claverol studio, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to claverol studio (individually or collectively "Communications") to or within the Site or Services, you grant to claverol studio a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by claverol studio of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against claverol studio for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that claverol studio is under no obligation to use any Communications submitted by you on the Site or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to claverol studio, or that you have sufficient rights in and to the Communications to grant to claverol studio the above license.
6 NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to claverol studio or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and claverol studio, any claverol studio affiliate, or subsidiary other than pursuant to these Terms. claverol studio shall not be responsible for the payment of any money to any party in connection with claverol studio 's use of Communications submitted by you to the Site.
Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of claverol studio. claverol studio does not assume any responsibility for the consequences of Communications on, or any communications or results arising from the use of the Site or Services. artnet does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users; claverol studio does not endorse any opinions expressed by such users. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.
Claims of Infringement:
claverol studio respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, claverol studio will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. claverol studio will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide artnet’s Copyright Agent the following information:
DMCA Notice of Alleged Infringement you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
While claverol studio considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree that claverol studio has the right, but not the obligation, to monitor your Communications on the Site or Services at any time, for any reason, in its sole discretion, to determine compliance with these Terms and any other rules, policies, or guidelines that claverol studio may establish. Notwithstanding this right, claverol studio does not and cannot review all materials posted to the Site or Services by users. claverol studio reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request, or if, in claverol studio 's sole discretion, such materials are objectionable or in violation of these Terms. claverol studio has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
Disrespecting the privacy or views of other users
Using claverol studio, the Site, or the Services for unlawful purposes or to promote any unlawful activities
Impersonating or harassing another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users
Transmitting "junk mail," "chain letters," or unsolicited mass mailing or "spamming"
Submitting a Communication that infringes, misappropriates, or encourages infringement or misappropriation of the Intellectual Property Rights of others,or that is obscene, defamatory, harmful, abusive, threatening, or false
Submitting a Communication that violates any law or regulation
Posting irrelevant Communications or posting Communications in inappropriate categories
You agree to indemnify, defend, and hold harmless claverol studio, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including,without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. claverol studio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of claverol studio.
claverol studio does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. claverol studio reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. AND THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.
NEITHER ARTNET NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment, or data, claverol studio is not responsible for those costs.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
11 LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
claverol studio is not liable for any lost data resulting from the operation of the claverol studio Site, provision of Services, and/or the enforcement of the Terms. claverol studio urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.
claverol studio disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. claverol studio is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.
UNDER NO CIRCUMSTANCES SHALL CLAVEROL STUDIO, ITS SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLAVEROL STUDIO, ITS SUBSIDIARIES, AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS, THE SITE, OR ANY SERVICES EXCEED, IN THE AGGREGATE, US$100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12 NON-UNITED STATES RESIDENTS
claverol studio makes no representation that materials in the Site or Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States.
Those who choose to access this Site or Services from other locations outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that monetary damages may not provide a sufficient remedy to claverol studio for your violation of these Terms, and, accordingly, you acknowledge and agree that claverol studio is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to claverol studio under these Terms, at law, or in equity. claverol studio may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. claverol studio is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled "Ownership," "Termination or Change to Site or Services," " claverol studio 's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Copyright Policy," “User Conduct,” "Indemnification," "Disclaimer of Warranties," "Limitation of Liability, Exclusion of Damages," “Non-United States Residents,” "Additional Remedies," "Survival," and "General Provisions" will survive termination of these Terms, together with all other terms and conditions that by their nature or context are intended to survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then-current rules of the American Arbitration Association ("AAA"). The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration will occur in Miami, Fl. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate.These Terms constitute the entire agreement between you and artnet with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or claverol studio of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to claverol studio must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
legally binding agreement between you and claverol studio ("we," "us," "our," or " )