TERMS AND CONDITIONS OF USE
UPDATED FEB 15, 2021
Welcome to LiveArt. Our mission is to provide a platform, based upon our proprietary algorithm, for art collectors’ education and research of art and art values. Whether you are a new or experienced collector, the information LiveArt is sharing on this site is certain to be a resource for you.
2. Registration, Data and Privacy
3. User Content
User Content and communications submitted to the site or for the Services do not necessarily represent the view or opinions of LiveArt. We do not assume any responsibility for the consequences of you using any User Content or communications on, or any communications or results arising from your use of the site or the Services. We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or communications posted on the site or for the Services.
LiveArt does not endorse any opinions expressed by users or in any User Content. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR THE SERVICES IS AT YOUR OWN RISK.
5. User Conduct on Site
Your use of the site is subject to all applicable laws and regulations. You may not use your account to breach security of another account or attempt to gain access to areas of the site for which your access is not authorized, or to access another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. By using the site and/or the Services and/or posting User Content, you agree not to:
- use the site or the Services for unlawful purposes or to promote any unlawful activities (including, without limit, engaging in any intellectual property infringement);
- impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to us or any third party under false pretenses;
- upload or post any content that infringes, misappropriates, or encourages infringement or misappropriation of the intellectual property, confidentiality or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false;
- post, reproduce, publicly display or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
- remove or modify any copyright, trademark or other intellectual property notices that appear in the Services or on any images or other content made available on this site;
- upload invalid data, viruses, worms or other software agents to the Services;
- reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services;
- distribute or post spam or other unsolicited messages, chain letters, pyramid schemes or similar communications through the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
- conduct automated queries through the site (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions or any other automated activity) with the purpose of obtaining data or other information from the Services;
- take any action that imposes an unreasonable or disproportionately large load on LiveArt’s infrastructure;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
You agree that we may at any time, and at our sole discretion, terminate your access to the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Websites and Information
This site may link you to other websites on the Internet or otherwise include references to information, databases, websites, documents, software, materials and/or services provided by other parties, including our Affiliates. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. If you decide to access linked third party websites, you do so at your own risk.
7. Mobile Applications
8. Intellectual Property
Copyright © 2021 Live Art Holdings, Inc., All Rights Reserved.
The Services are owned and operated by LiveArt. User interfaces, website design and layout, information, data, code, software, graphics, algorithm and other elements of the Services provided by LiveArt (the “LiveArt Materials”) are protected by intellectual property and other laws and are the property of LiveArt and its third party licensors.
LiveArt does not assert copyright ownership in the artwork or the images of the artwork depicted on the site. The images are provided solely for educational and research purposes. Any use of the artwork or the images is subject to the copyright owner’s permission and the requirements of applicable law. We make no warranty or representation that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
9. Claims of Intellectual Property Infringement
LiveArt respects the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting or any User Content on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), (“DMCA”) our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Attention: Data Protection Officer
Live Art AI, Inc.24A
Trolley Square #2133
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
10. Use of Your Communications and Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
11. Browser Extension
12. DISCLAIMER OF WARRANTIES
WE AT LIVEART DO OUR BEST TO PROVIDE EDUCATIONAL AND INFORMATIONAL CONTENT TO A VERY WIDE AUDIENCE OF ART COLLECTORS THROUGH OUR PROPRIETARY ALGORITHM, BUT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THESE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT LEGALLY PERMITTED, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES AND MATERIALS WILL (A) MEET YOUR REQUIREMENTS, (B) BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE, (C) THAT THE RESULTS OBTAINED FROM OUR SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THAT THE INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
WE DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT ANY ARTWORK WOULD REALIZE THE VALUE RANGE ESTIMATES IF OFFERED FOR SALE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR VALUE RANGE ESTIMATES AVAILABLE ON OR THROUGH THIS SITE. IN PARTICULAR, YOU ARE URGED TO CONSULT AN ACCREDITED FINE ART APPRAISER OR AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION BEFORE RELYING ON ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE. WE DO NOT PHYSICALLY INSPECT THE CONDITION OF ANY ARTWORK AND DISCLAIM ALL LIABILITY ASSOCIATED THEREWITH. THE SERVICES AND ANY VALUE RANGE ESTIMATES ARE LIMITED BY THE ASSUMPTION THAT THE USER CONTENT PROVIDED BY YOU IS TRUE, ACCURATE AND COMPLETE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY SERVICES LISTED HEREIN AND THE ADDITION OF SUBSCRIBER FEES, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OR CORRUPTION OF DATA, ANY DIRECT OR INDIRECT LOSS OF SAVINGS, REVENUE OR PROFITS OR ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED THROUGH THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES LINKED THROUGH THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. International Use, Export Control of Software and Technical Data
All content on the site and the Services are based in the State of New York in the United States of America, and are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and Services outside of the United States and that access may not be legal by certain persons or in certain countries. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any service or information available through this site is void where prohibited.
You agree to comply with all import and export regulations and restrictions and not to export or re-export any of the material contained in the site to countries or persons prohibited under any export control laws. By downloading any material contained on the site, 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 materials contained on the site.
Upon a request by us, you agree to defend, indemnify and hold us and our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of this site and/or the Services, including, but not limited to, User Content that infringes the rights of a third party or is uploaded without the consent of the owner or the use of any documents or information from this site for purposes other than education and research. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
18. Termination of Use
19. Governing Law
The foregoing does not apply to the extent that mandatory consumer regulation or other provision of applicable law in your own jurisdiction does not allow us to contractually exclude or limit your right to seek a remedy in the courts or use other legal mechanisms available in such jurisdiction, including, but not limited to, any rights or remedies that are available to you under applicable data protection law.
All notices to a party shall be in writing and shall be made either via electronic mail or commercial overnight carrier mail. Notices to us must be sent to the attention of email@example.com, if by electronic mail, or at Live Art AI, Inc., 24A Trolley Square #2133, Wilmington, DE, 19806 if by commercial overnight carrier mail.
21. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site and/or the Services.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
23. Contact Information