Terms of Service
ACCEPTANCE OF TERMS
Welcome to BidtoArt. These terms and conditions of use apply to and govern your use of the BidtoArt Website https://bidtoart.com/ (the "Site") made available by Alart Pte Ltd/BidtoArt (“Alart”, “BidtoArt”, “we”, or “us”, “the Company”. By using this service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use this site. The right to use BidtoArt services is personal and not transferable to any other person or entity.
Unless explicitly stated otherwise, any new features or service offerings that augment the current Service (as defined below) shall be subject to these Terms of Service.
BidtoArt reserves the right to change, modify, add or remove portions of these terms at any time, without notice to you. Usage of the site after changes are posted means you have accepted all such terms as posted.
Your Account is identified by the email address you provided and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at firstname.lastname@example.org. In such case we reserve the further right in our sole discretion to issue replacement passwords at any time, and if appropriate, offer the service at a price to you to reflect this higher level of service usage. We also reserve the right to terminate your account with or without notice if we determine an abuse regarding the spirit of this agreement. We will confirm with you before making a custom pricing change, in which case you may subscribe on those different pricing terms. If you do not accept such different pricing terms, you or BidtoArt may elect to discontinue your subscription at any time.
You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
BidtoArt reserves the right to cancel an account if in our sole determination there is unusual usage, not limited to automatic searches, storage or piracy of our data. Further, BidtoArt reserves the right to terminate any account for any reason not identified in these Terms of Service and that is not prohibited by law.
LICENSE TO USE THE SITE
BidtoArt grants you a non-exclusive, non-transferable, limited right to access, use and display of the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.
You acknowledge and agree that all content and services available on this site are property of the Site and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Singapore and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment. BidtoArt does not grant permission to users of the site to reproduce images of original works of art.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of BidtoArt. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of Singapore and international laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
USE OF INFORMATION
As a user of the Site, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize BidtoArt and its affiliates to use such information in connection with any online or offline offering or any electronic mail offering directed to you. BidtoArt is committed to protecting your privacy. Any information that BidtoArt collects about you will be used to enhance your utilization of the Site. By using our web site, you consent to the collection and use of this information by BidtoArt and its affiliates.
By uploading material to any forum or by submitting any comments, recommendations or data ("information") to us, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights in the information have been waived.
THIRD PARTY SITES
The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Sites"). This Agreement does not apply to your use of any External Sites to which the Sites links, and we are not responsible for the availability of any External Sites to which the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Sites, and you acknowledge that BidtoArt is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any External Sites. If you decide to access an External Sites, you do so at your own risk. You should contact the sites administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content or services located on such External Sites.
NO WARRANTIES; LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENT ARE BEING PROVIDED TO YOU ON AN "AS IS" BASIS AND BIDTOART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENT. BIDTOART DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BIDTOART DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, INCLUDING, BUT NOT LIMITED TO, SUCH INFORMATION CONTAINED IN ARTIST BIOGRAPHIES, AUCTION RECORDS, SAMPLES OF ARTISTS' SIGNATURES, ARTWORKS FOR SALE, AND INFORMATION AND VALUE ESTIMATES CONTAINED IN ARTIST PRICE VALUATION REPORTS.
Except as specifically stated on this Site, neither BidtoArt, nor any of its directors, shareholders, officers, employees, agents, third-party content providers, sponsors, licensors, or other representatives, shall be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability and under no circumstances shall BidtoArt or any party involved in creating, producing or distributing the Site, be liable for any compensatory, direct, indirect, incidental, special, or consequential damages, that might result from the use of or inability to use the Site, including, but not limited to, reliance by a user on any information obtained from BidtoArt. or that result from loss of data, income or profit, loss of or damage to property, claims of third parties, mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to BidtoArt’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. If and to the extent any state does not permit the exclusion or limitation of liability for consequential or incidental damages, BidtoArt’s liability, in such state, shall be limited to the fullest extent permitted by such applicable law.
BidtoArt is a distributor and not a publisher of content supplied by third parties on this Site. Any opinions, advice, statements, sale offerings, or other information that constitutes part of the content expressed or made available by third parties, are those of the respective authors or distributors and not of BidtoArt or its affiliates, or any of its shareholders, officers, directors, employees or agents. Neither BidtoArt nor its affiliates, or any of its shareholders, officers, directors, employees, or agents, nor any third party, including third-party content providers, sponsors or licensors, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through BidtoArt represents the opinions and judgments of the respective third-party provider, sponsor or licensor. BidtoArt neither endorses, nor is responsible for the accuracy or reliability of any opinion, sales representation, advice or statement made on this Site. UNDER NO CIRCUMSTANCES SHALL BIDTOART OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR ANY LOSS OR DAMAGE CAUSED BY A USER BEING EXPOSED TO INFORMATION CONTAINED ON THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.
SPECIAL NOTE ON AUCTION RECORDS
The Site includes an extensive collection of auction records for given artists that might be used as tools in the process of estimating values. BidtoArt’s data is only one of several elements which a user should consider in estimating value of a given artist’s work and depends upon the accuracy and timing of information which BidtoArt itself receives. BidtoArt not involved in auctions/release. We are not involved in actual transactions between users of the Sites or any "External Sites" (whether such users are auction houses,appraisers, art or antiques dealers, trade members, curators, educators,antiques professionals, collectors or other third parties affiliated with BidtoArt). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby release BidtoArt from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected,disclosed and undisclosed, arising out of or in any way connected with such disputes.
IN ANY EVENT, AS PROVIDED ABOVE, BIDTOART’S AUCTION RECORDS AND ARTIST VALUATION SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITH NO WARRANTIES. UNDER NO CIRCUMSTANCES SHALL BIDTOART OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THAT MIGHT RESULT FROM THE USE OF THE BidtoArt AUCTION RECORDS DATABASE AND/OR THE BidtoArt GRAPHS OR OTHER PROCEDURES OR OUTPUT GENERATED THEREFROM.
This site is created and controlled by BidtoArt in Singapore. The laws of Singapore will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws.