Terms of Use and your acceptance of them. Read before continuing. 

Terms of Use and your acceptance of them. Read before continuing.

ARTephant is pleased to provide you with the software applications, information, content, forms, ools, widgets, products and services on this web site (the "Site") for informational purposes only. Your access to the Site is subject to the terms of use, privacy policy and disclaimers appearing on the Site ("Terms of Use") and/or (Privacy Policy”) and all applicable laws. By signing up, signing in, accessing, browsing and/or using the ARTephant webSite at www.artephantdotcom, you accept, without limitation or qualification, the Terms of Use and Privacy Policy on the Site. The Terms of Use and/or Privacy Policy also include some important disclosures and information related to certain products and services. Your use of the site is subject to these Terms of Use and/or Privacy Policy (“Terms of USE – Privacy Policy”). There may be affiliates and/or others that provide or are sourced for information, content, tools, widgets, products and services on and through the Site. These Terms and/or policies are a binding agreement between you and the Site and any/all of its affiliates and/or third parties represented or sourced on the site that may provide to and or the site derived from such information, content and services.

Your use of the ARTephant site is governed by the version of the Terms and policies in effect on the date the site is accessed by you. ARTephant may modify these Terms and policies at any time and without prior notice. You should review the most current version of these Terms and policies by visiting the Site and clicking on the “Terms of Use – Privacy Policy” hyperlink located at the bottom of the homepage and elsewhere throughout the Site. These Terms and policies are in addition to any other agreements between you and ARTephant, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the ARTephant Site.

Minimum Age: You must be 18 years of age or older to use the Site. It is not intended for those under the age of 18. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by the Terms of Use.

Terms of Use Cover All Users: By using the Site, you agree to be bound by the Terms of Use – Privacy Policy, whether you are a "visitor" (which means that you simply browse the Site) or you are a "registered user" (which means that you have registered with ARTephant).

Each time you use the Site, the current version of the Terms of Use - Privacy Policy will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use – Privacy Policy (via a hyperlink at the bottom of the homepage) and review any changes since the last version. Please review carefully all of the Site\'s Terms of Use – Privacy Policy before agreeing to them and accessing the Site by clicking on each of the hyperlinks appearing below and reviewing all of the linked Terms of use – Privacy Policies:

Use of the ARTephant Site

The ARTephant Site is intended only for your personal, non-commercial use, unless you and ARTephant have agreed otherwise in writing.

 ARTephant Site affiliated and non-affiliated services and companies

ARTephant seeks to present objective news, information, data, account services, interactive/passive software solutions, and informal, general guidance on art related topics drawn from a diverse collection of sources including affiliated and non-affiliated informational services, sources and/or companies and the like. The Sites information and/or guidance, content, tools, widgets, products and services may contain or imply forward looking statements or sentiments, as with any projection or forecast, forward-looking statements or sentiments are inherently susceptible to uncertainty and changes in circumstances. ARTephant’s actual results or the results of others may vary materially from those expressed or implied by the Sites forward-looking statements or sentiments. Also, due to such uncertainty and changes in the art market, historical past performance of art does not guarantee that similar performance will be obtained in the future – whether that performance be negative, positive or otherwise. Selected, and published content from any source contained on this Site is not intended in any way to provide art investment, tax, legal, insurance, estate planning, inheritance or investment advice and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any art investment related purchases, sales or services by ARTephant or any affiliated and non-affiliated informational services and/or companies or any third party. Certain tools published by ARTephant on this Site may provide or formulate general, informal information and guidance based upon your personalized input, any such information and/or guidance, content, tools, widgets, products and services on the Site is for informational purposes only and is not intended to provide art investment, tax, legal, estate planning, inheritance, insurance or investment advice and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any investment related services by ARTephant or any affiliated and non-affiliated informational services and/or companies or any third party.

Information for foreign visitors

The ARTephant Sites is intended to be made available only to individuals in the United States, and the information on the ARTephant Site is only for such persons. Nothing on the ARTephant Site shall be considered a solicitation to buy or an offer to sell based on the information on the Site – or for any other reason, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction

Broker-dealer\'s potential conflicts

As a potential broker- art dealer, ARTephant or its affiliates and/or companies may act as a principal for its own account or as agent for its customers or others in connection with a sale to you or purchase by you of a work of art and/or product or service that is often the subject of content prepared by ARTephant. If ARTephant or any of its affiliates and/or companies receives a mark-up or commission or acts as agent for another person in connection with any such transaction, ARTephant may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect art transactions, and/or seek product or services at or by another broker-art dealer at any time you so choose at your sole discretion.

Limitations on art investment guidance and general, informal information

The ARTephant Site is not intended to provide art advice, legal, tax, investment, estate planning, inheritance or insurance advice or any other related advice. Nothing on the ARTephant Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any investment related services by ARTephant or any affiliated and non-affiliated informational services and/or companies or any third party. Certain software applications, tools, widgets and the like published by ARTephant on this Site may provide general, informal information and guidance based upon your personalized input, any such information and/or guidance, content, tools, products and services on the web site is for informational purposes only and is not intended to provide art investment, tax, legal, estate planning, inheritance, insurance or investment advice and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any investment related services by ARTephant or any affiliated and non-affiliated informational services and/or companies or any third party. You are solely responsible for determining whether any art investment, art investment strategy, art security, art transaction or any other art venture is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your own personal legal, tax, art investment advisor or investment professional regarding your specific situation due to the highly speculative nature of the art market in general before considering any investment in art. This site is not intended to be a platform for formulating investment strategies in art. Participating, Investing, speculating, forecasting returns and formulating investment strategies in the art market based on software applications, information, content, forms, tools, widgets, products and services on this Site is prohibited - such actions can lead to a serious negative impact on your personal investment objectives, financial circumstances and can often create, contribute and/or promote significant financial loses to you or others. It is recommended that you seek professional investment advice before making any investment decisions related to art. The site and the site elements are provided on an as-is and as available basis.

Disclaims 

ARTephant expressly disclaims all representations and warranties of any kind with respect to the site, the site elements, software applications, information, content, forms, tools, widgets, products and services available on or through this site, whether, express or implied, including, but not limited to, any and all warranties (1) of merchantability or fitness for a particular purpose; (2) of non-infringement and title; (3) that any use of the site will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions; (4) that the site will be secure, or free of viruses, worms or other harmful components; (5) that the site and/or the site elements will satisfy your requirements or expectations; and (6) that information, data or materials presented or displayed on this site are correct, accurate or reliable.

FEES

ARTephant currently does not charge its users to access and use certain software applications, information, content, forms, tools, widgets, products and services on this web site, however, Artephant may, at any point and at its sole discretion, decide to begin charging fees for use of various software applications, information, content, forms, tools, widgets, products and services on this web site by issuing a thirty day previously written notice prior to implementing any fees and/or charges. You a free to opt out of using subscriber, fee based or charged access at any time, fees are non-refundable. ARTephant does however offer certain software applications, information, content, forms, tools, widgets, products and services on this web site or otherwise for a fee on a case-by-case basis to various users and/or clients.

Copyright policy, linking policy and trademarks

The ARTephant Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the ARTephant Site, including any text, graphics, video, audio, software code, user interface design or logos. Further, this site may be protected by various Patent Laws and/or Patent Pending applications governing various intellectual property rights that may be in effect in furtherance and/or support of any applicable copyright laws. Unless you and ARTephant have agreed otherwise, links from another web site to the ARTephant Site must resolve to the top-level homepage of the ARTephant domain (e.g., www.artephantdotcom). In order to avoid confusion if you do link from another web site to the ARTephant Site top-level homepage, your web site, and the link itself, may not suggest that ARTephant endorses, sponsors or is affiliated with any non-ARTephant web site, entity, service or product, and may not make use of any ARTephant trademarks or service marks (or any text, graphics, video, audio, software code, user interface design or logos…) other than those contained within the text of the link. All trademarks and service marks on the ARTephant Site belong to ARTephant or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners. All art work on the ARTephant Site is copyright the artist and/or assignee.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ARTephant with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on the ARTephant Site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

LICENSE

ARTephant hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use ARTephant’s software solutions commonly referred to as the ARTephant ART INDEX software as generally made available through the ARTephant Site located at www.ARTephantdotcom, or provided by other means through previously made arrangements with ARTephant for a length of time solely determined by ARTephant. ARTephant may, from time to time, update or modify the software code, application, release new versions of the software application or create new modules related thereto, each of which may, at ARTephants sole discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the software solution application and related code, versions and modules.

Third party content and research and Disclaims

The ARTephant Site includes general news and information, commentary, interactive tools, quotes, research reports, data and other forward looking content concerning the art markets, art investments, art portfolios, art returns and/or losses, and many other art based subjects. Some of this content is supplied by companies that are not affiliated with any ARtephant Entity ("Third Party Content"). Some Third Party Content may be provided by art based companies whose products are available for purchase by ARTephant customers on the ARTephant Site or other related platforms. On the ARTephant Site, the source of all Third Party Content may not be clearly and prominently identified. Third Party Content is sometimes available through framed

areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) whether credited or not.

Artephant has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they imply to give art investment advice, or advocate the purchase or sale of any artwork or any other investment.

While ARTephant makes every attempt to provide accurate and timely information to serve the needs of users, neither ARTephant nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and ARTephant and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk.

THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ARTephant AND/OR THE THIRD PARTY CONTENT PROVIDERS ON THE SITE AND/OR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In order to comply with applicable laws and regulations, ARTephant may at times exclude content and/or offerings made available to ARTephant customers, or otherwise via the Site. Certain other content filtering may take place from time to time based on objective criteria.

Timeliness of content

All content on the ARTephant Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited uses 

Because all servers have limited capacity and are used by many people, do not use the ARTephant Site in any manner that could damage or overburden any ARTephant server, or any network connected to any ARTephant server. Do not use the ARTephant Site in any manner that would interfere with any other party\'s use of the ARTephant

Means of access

The ARTephant Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1366 by 768 pixels or greater. Although you may use other means to access the ARtephant Site, be aware that the ARTephant Site may not appear accurately through other access methods, and you use them only at your own risk. You must supply all computers, ISP access, devices, connections, cellular, phone, hardware, software and equipment necessary to provide your own connection to the Site, ARTephant does not provide any equipment, software or connectivity infrastructure related to accessing to the site remotely or otherwise.

You should not access the ARTephant Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by ARTephant.

Certain parts of the ARTephant Site is protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the ARTephant Site, or to any other protected materials or information, through any means not intentionally made available by ARTephant for your specific use.

Password security and notification

If you have a password for access to non-public areas of the ARTephant Site, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. ARTephant shall not be under any duty to inquire as to the authority or propriety of any instructions given to ARTephant by you or via your password and shall be entitled to act upon any such instructions and ARTephant will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing if any - your transaction history online and promptly reviewing any correspondence, ART AleRTs, account statements, or any other information and confirmations posted and/or received from ARTephant. Notify ARTephant immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with ARtephant in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

DISCLAIMER OF WARRANTIES

ARTephant DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE the ARTephant SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ARTephant SITE ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND ARTephant DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

ARTephant DOES NOT WARRANT THAT THE ARTephant SITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ARTephant ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE ARTephant SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ARTephant SITE WILL MEET YOUR EXPECTATIONS.