| These terms and conditions (collectively "Terms") apply to your use of www.paintingdb.com (the "Site"), regardless of the device that you use to access the Site, and are provided by PaintingDb® ("we", "us"). Please familiarize yourself carefully with the Terms. Your use of the Site constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use the Site. We may, in our sole discretion, modify or amend these Terms from time to time and we will post any such modification(s) or change(s) on the Site. Your continued use of the Site following such a posting is deemed to be your acceptance of any changes or modifications made to the Terms. | |
| 1. | Registration |
| When you sign in to the Site or make use of our services as described below, you agree to provide us with complete and accurate information, to update this information as required to keep it current, to keep this information personal, and not let anyone else use your information to sign in to the Site or make use of our Services. You agree to keep us notified of any changes to the information. | |
| 2. | Description of Services |
| We display images of works of art (collectively "Art") on the Site and enable users to interact with the Site in various ways. We also provide a venue for our users to obtain merchandise, including, but not limited to, Art (collectively "Merchandise") from providers of Merchandise (collectively "Exhibitors"). We are not, and will not become party to, any transaction between users and Exhibitors. All transactions between Exhibitors and Users are subject to the applicable terms. We exercise no control over the quality, safety or legality of the Merchandise, the truth or accuracy of the Merchandise listings, or the ability of either Exhibitors or users to enter into transactions. We do not transfer legal ownership of items or the right of possession thereto from Exhibitors to users. Thus, we cannot ensure that an Exhibitor or a user will actually complete a transaction. You agree to make use of the services and deal with any Exhibitor and/or user at your own risk. | |
| 3. | Intellectual Property Rights |
| We are the owner of the compilation of Content on the Site, which may include, but is not limited to, text, images, audio, video, databases, design, codes and software (collectively "Content"). We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site, services, and the Content for your personal informational use only, provided that you comply fully with these Terms. You may download copies of the Content from the Site and services for your personal informational use only. You may not use the Content for any non-personal purpose, including, but not limited to, commercial purposes, without express prior consent from us and/or the copyright holder. Content is provided for use only in the context of the Site or services and subject to all of the limitations set forth herein. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, services, or the Content. It is your responsibility to comply with all applicable laws, rules and regulations. | |
| The Content that we make available may be owned by us, owned by others and used with their permission, such as Content provided by Exhibitors and content generated by users, or used in accordance with applicable law. Some components of the Content are in the public domain and some Content may be protected by third party rights, such as copyright. We seek to provide information about the copyright status of the Content, but we cannot guarantee that all pertinent information is correct and/or available. You agree to abide by any and all copyright information or restrictions displayed on the Site. Where no information about the copyright status of a component of the Content is given, we are unaware of any copyright restrictions on its use. | |
| It is our policy to respect the intellectual property rights of third parties. We do not promote, foster or condone any activity that infringes such rights. If you believe that a component of the Content constitutes a copyright infringement, or you are aware of any infringing Content, or you know of someone who is making unauthorized use of the Content, please contact us by submitting a written notice to us at the following address: | |
| 4. | Changes to the Site or Services and Termination |
| We have, in our sole discretion and without notice to you, the right to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to Content, Services, or availability. We may also, at our sole discretion and without notice to you, limit the Content or Services or restrict your access to the Site and/or Services, either entirely or in part. You agree that we may, at our sole discretion and without notice to you, terminate your use of this Site and the Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to us, if we reasonably believe that you have violated these Terms, or violated our rights or those of any third party, or for any reason. You agree that we will not be held liable to you or any third party as a result thereof. | |
| 5. | Communications From You |
| We may enable you to submit communications on the Site, including, but not limited to, by posting comments on the Content made available on the Site. When submitting communications, you agree that: | |
| We use the information we collect to: | |
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| 6. | Links to Third Party Websites |
| The Site may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website on the Site does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites or their content. We have no responsibility of the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access. | |
| 7. | Privacy |
| Please see our Privacy Policy for details on how we process your personal data. | |
| 8. | No Warranty |
| WE PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. | |
| 9. | Liability |
| IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THESE TERMS, WHETHER ARISING OUT OF NEGLIGENCE OR OTHERWISE. | |
| 10. | Indemnity |
| You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. | |
| 11. | Force Majeure |
| While we make all commercially reasonable efforts to provide you with uninterrupted access to the Site, we cannot guarantee such access. We accept no responsibility or liability for any interruption or delay in accessing the Site or any contents made available on the Site. | |
| 12. | Governing Law |
| These Terms are governed by the laws of Finland, without regard to any conflicts of law rules. BY ACCEPTING THE TERMS, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE COURTS OF FINLAND FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THE TERMS. AT OUR SOLE DISCRETION, WE MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING IN THE COURTS IN THE COUNTRY WHERE YOU RESIDE. | |
| 13. | Contacting Us |
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If you have any questions about these Terms, please contact us via: Email: info@paintingdb.com
Write to:
PaintingDb®
Käsityöläiskatu 4 A FI-20100 TURKU FINLAND | |