TERMS & CONDITIONS
>PRIVACY POLICY
Last Updated November 2013
Israeli Art Market, and their website, IsraeliArtMarket.com, bring all information and services contained within this site to you, the user, conditional upon your acceptance of the following terms and conditions and policies (“terms”). Use of this site constitutes your agreement with these terms, conditions, and policies. If you are not in agreement with these terms, please do not use the IsraeliArtMarket.com website, and please refrain from accessing IsraeliArtMarket.com.
Israeli Art Market, reserves the right to change, modify or remove portions of these terms at our sole discretion, and any such changes will be immediately effective upon posting to this website. IsraeliArtMarket.com reserves the right to change, modify or discontinue, temporarily or permanently, any or all parts of IsraeliArtMarket.com and IsraeliArtMarket.com shall not be liable to any user or other third party for any such modification or discontinuation of this site.
By using IsraeliArtMarket.com, you warrant that you will not use this site or any content from this site for any purpose that is unlawful or prohibited by these Terms. Any violation of these terms will automatically terminate your permission to use the IsraeliArtMarket.com site.
The terms constitute the entire agreement between each user and IsraeliArtMarket.com . and govern each user’s use of the IsraeliArtMarket.com site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and IsraeliArtMarket.com. shall be governed by the laws of Israel without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Tel Aviv, Israel. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
VIOLATIONS
Please report any violations of the Terms (except for claims of intellectual property infringement) to IsraeliArtMarket.com.
USER ACCOUNTS
When asked, each IsraeliArtMarket.com user will provide true, accurate, current and complete information on our registration form, and as necessary, will promptly maintain and update this data to ensure accuracy. If, after investigation, IsraeliArtMarket.com. has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and we may prohibit or restrict any and all current or future use of the IsraeliArtMarket.com website by that user.
Each user will receive passwords and account designations upon completing our registration processes and is wholly responsible for maintaining the confidentiality of those and is liable for all activities occurring thereunder. IsraeliArtMarket.com cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this, including any loss or damage arising from any user’s failure to notify IsraeliArtMarket.com. of any unauthorized use of his or her password or account or any other breach of security; and ensure that he or she exits from his or her account at the end of each session.
CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. Therefore, the user, not IsraeliArtMarket.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits on IsraeliArtMarket.com. No user shall transmit Content or otherwise conduct or participate in any activities on IsraeliArtMarket.com that, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the transmission of obscenity, or the permissible uses of intellectual property.
IsraeliArtMarket.com reserve the right to refuse or delete any Content it deems necessary, as well as to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. IsraeliArtMarket.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by IsraeliArtMarket.com to protect the rights, property, or personal safety of IsraeliArtMarket.com’s users and the public. IsraeliArtMarket.com does not control the Content posted to IsraeliArtMarket.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will IsraeliArtMarket.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the IsraeliArtMarket.com website.
By using IsraeliArtMarket.com each user may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
RIGHTS & OTHER TERMS
Use, reproduction, modification, and other intellectual property rights to data stored on the IsraeliArtMarket.com site will be subject to licensing arrangements that may be approved by IsraeliArtMarket.com. as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments, reviews, blogs, images or other Content deemed public, the submitting user retains ownership of such; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by IsraeliArtMarket.com In each such case (excluding artworks, which may be displayed worldwide), the submitting user grants IsraeliArtMarket.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
IsraeliArtMarket.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, but has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by IsraeliArtMarket.com reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. IsraeliArtMarket.com reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as deemed necessary by IsraeliArtMarket.com
TERMINATION
IsraeliArtMarket.com reserves the right to terminate a user’s account for any reason. IsraeliArtMarket.com is especially likely to terminate for reasons that include, but are not limited to, the following: (a) violation of these Terms; (b) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (c) use of IsraeliArtMarket.com in a manner inconsistent with the Purpose; (d) a user’s request for such termination; or (e) as required by law, regulation, court or governing agency order.
Termination of any user’s access to any or all of the IsraeliArtMarket.com site may be effected without notice and, on such termination, IsraeliArtMarket.com may immediately deactivate or delete user’s account and/or bar any further access to such files. IsraeliArtMarket.com shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. IsraeliArtMarket.com reserves the right to delete, or not delete, a user’s account at our sole discretion, as well as to delete, or not delete, content at our sole discretion.
LINKS TO OTHER SITES
IsraeliArtMarket.com or a third party may provide links to other websites. IsraeliArtMarket.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. IsraeliArtMarket.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Any user’s access and use of linked websites, including information, material, products and services therein, is solely at their own risk.
IsraeliArtMarket.com’s Privacy Policy is applicable only on IsraeliArtMarket.com and if a user chooses to link to another website, the user should read that website’s privacy statement before disclosing any personal information.
INDEMNITY, DISCLAIMER, LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless IsraeliArtMarket.com and their respective officers, employees and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of IsraeliArtMarket.com; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Each user’s use of the IsraeliArtMarket.com site is at his or her sole risk. The IsraeliArtMarket.com site is provided on an “as is” and “as available” basis and IsraeliArtMarket.com, assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. IsraeliArtMarket.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. IsraeliArtMarket.com makes no warranty that IsraeliArtMarket.com or any service thereon will meet your requirements, or that any user access will be uninterrupted, timely, secure or error-free, or that the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and finally that any errors in the software will be corrected. IsraeliArtMarket.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from any user’s use or inability to use any service on IsraeliArtMarket.com; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the IsraeliArtMarket.com site; or any other matter relating to the IsraeliArtMarket.com site. In no event shall IsraeliArtMarket.com’s total cumulative liability to any user or other party under these terms of service or otherwise exceed $1,000.00. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between IsraeliArtMarket.com. and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, IsraeliArtMarket.com does not and cannot control the actions of its site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous uninterrupted or secure access to the IsraeliArtMarket.com. Operation of IsraeliArtMarket.com may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by IsraeliArtMarket.com.
TRADEMARK
IsraeliArtMarket.com, the Israeli Art Market logo, and the show logo, our service marks, and product and service names are trademarks or registered trademarks in Israel and Internationally. All other names and designs may be trademarks of their respective owners.
COPYRIGHTS
With regard to copyrights, IsraeliArtMarket.com respects the intellectual property rights of others, and requires that the people who use IsraeliArtMarket.com do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by at the contact information provided on the site and provide us with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit IsraeliArtMarket.com to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If IsraeliArtMarket.com receives such a claim, we reserve the right to refuse or delete Content as described above, or to terminate a user’s account as indicated above.
Upon receiving a claim of infringement,IsraeliArtMarket.com will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA,IsraeliArtMarket.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. IsraeliArtMarket.com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, IsraeliArtMarket.com will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, IsraeliArtMarket.com will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless we first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the IsraeliArtMarket.com system or network.
You may provide us with a counter notification by providing us with the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Every user or visitor to IsraeliArtMarket.com must abide by the existing Copy Right Act as amended, ignorance of the law is never an excuse in this matter. Any type of violation of law, which includes copying the artwork by any person, including the works of another user of IsraeliArtMarket.com, by any means or methods available, will break the provisions of Copy Right laws, both National and International.
The provisions of Copy Right law will be invoked in any of the following cases:-
(a) Copying any art work of another person and displaying it on IsraeliArtMarket.com.
(b) Copying, by electronic or by any other method, the art work of a user or any other person without his or her prior consent.
c) Print, sell or display art works without the consent of the artist from his profile on IsraeliArtMarket.com or from any other connected or linked sites.
(d) Misrepresentation of the individual details and facts of a user and displaying forged works by means of computer software, or by any other techniques, altering, modifying or changing another person’s artwork and displaying such works on IsraeliArtMarket.com.
IsraeliArtMarket.com DISCLAIMERS
IsraeliArtMarket.com reiterate that any user, who violates the Copy Right law, is solely liable for the costs and consequences of any legal proceedings and IsraeliArtMarket.com holds no responsibility, in such situations.
IsraeliArtMarket.com disclaims any responsibility for copyrights of work directly purchased by a purchaser from a user of the IsraeliArtMarket.com, because IsraeliArtMarket.com is an open site and any one can enter and exit without the knowledge of IsraeliArtMarket.com.
IsraeliArtMarket.com disclaims any responsibility for infringement of the copyright of the work of a user of the site if anyone, by any method, copies a work which was displayed at IsraeliArtMarket.com.
Whenever there will be any clash between the Copy Right law of another Country or Nation with the Copy Right law of Israel., the latter or existing International law, if any, will prevail.
PRIVACY POLICY
IsraeliArtMarket.com, is committed to protecting the privacy of its users. We intend to provide as much control as possible over personal information, including registration data, as part of the normal operation of the IsraeliArtMarket.com. This Privacy Policy describes the information we collect about our users and how that information may be used,
IsraeliArtMarket.com will track the domains from which people visit the site in order to gain egate data that may be analyzed for trends and statistics. Subject to the provisions of this Privacy Policy, IsraeliArtMarket.com may use accumulated aggregate data for several purposes including, but not limited to, marketing analysis, evaluation of IsraeliArtMarket.com services, and business planning.
IsraeliArtMarket.com may conduct surveys or other studies of its user base and usage for marketing and planning purposes. Participation in such surveys is at the user’s option. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and IsraeliArtMarket.com. will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where IsraeliArtMarket.com advises users of the possibility of such disclosure at the time they take the survey, we reserve the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed. Circumstances under which IsraeliArtMarket.com would publicly disclose aggregate information include, but are not limited to, sharing survey results with the site population, providing data to our advertisers on user preferences and/or demographics, business planning, and publicizing overall usage data in press communications.
USE OF COOKIES
IsraeliArtMarket.com uses “cookies” to provide users with tailored information. A “cookie” is an element of data that a web site, when visited by a user, sends to that user’s browser which, in turn, may store that element on the user’s hard drive or memory. IsraeliArtMarket.com uses cookies to better serve our users. Any cookies sent by IsraeliArtMarket.com will be marked so that they will be accessible only by the IsraeliArtMarket.com site subject to this Privacy Policy. However, at the user’s option and at the user’s sole expense and responsibility, any user may block or delete IsraeliArtMarket.com cookies from the user’s hard drive or memory. However, by disabling cookies, certain site features and functionality may no longer work properly, or at all.
NOTIFICATIONS
In order to implement or enforce the Terms, IsraeliArtMarket.com may use user-provided email addresses to contact users on an individual basis. At no time, unless such disclosure is required by law, a governmental agency, or specifically authorized by the user, will IsraeliArtMarket.com , disclose individual user personal information to unrelated third parties that is not publicly available.
EMAILS
Users may “opt-in” to receive event announcements, site notifications, or other information via email. Users may remove themselves from such services at their discretion. Any email sent to an “opt-in” list will include directions for how a user may remove himself or herself from the list, or a URL where the user may find such directions.
LINKS
IsraeliArtMarket.com contains links to other websites and the privacy policies of these sites may differ from IsraeliArtMarket.com’s Privacy Policy. IsraeliArtMarket.com. is not responsible for the privacy policies and practices of any linked website. We encourage you to read the privacy statement of any web site you may visit.
EMAIL DISPLAY
IsraeliArtMarket.com allows users to email information from our site to other parties. In such cases, a user’s valid email address and real name will be included with such messages. In order to prevent abuse, users may not opt-out of such a display, but may choose to refrain from using IsraeliArtMarket.com to transmit an email message.
ACCOUNT DISPLAY
In some cases, a user’s personal information may be publicly available through such user’s profile display. In such cases, users have the option to opt out of publicly displaying their personal information, including email addresses. Users may also enlist this technique when posing comments on IsraeliArtMarket.com. In cases where site profiles allow users to display optional information publicly, such entry and display is at the user’s discretion and may be changed at any time by the user.
ACCESS
IsraeliArtMarket.com allows users to view their data on their personal profile page. When technically feasible, users are permitted to update their personal information directly through IsraeliArtMarket.com. In the event this updating service is not technically feasible, IsraeliArtMarket.com will make reasonable efforts to assist users in updating their personal information.
SECURITY
To secure site integrity, IsraeliArtMarket.com employs measures, including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures. Internal access to users’ private and nonpublic personal information is restricted to site administrators and individuals on a need-to-know basis.
ENFORCEMENT
In the event that IsraeliArtMarket.com becomes aware that site security is compromised or nonpublic user information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, IsraeliArtMarket.com shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Privacy Policy. Suppose IsraeliArtMarket.com becomes aware that a user’s personal information provided to us has been disclosed in a manner not in accordance with this Privacy Policy. In that case, IsraeliArtMarket.com shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that IsraeliArtMarket.com knows this information.
NO GUARANTEES
While this Privacy Policy expresses IsraeliArtMarket.com’s standards for maintenance of private data, it is not in a position to guarantee that the standards will always be met. There may be factors beyond IsraeliArtMarket.com’s control (e.g., “script kiddies”, “crackers and other malcontents”) that may result in disclosure of data. As a consequence, IsraeliArtMarket.com disclaims any warranties or representations relating to maintenance or nondisclosure of private information.
COOKIES AND THIRD PARTY ADVERTISING
Third party web advertising partners may be employed by IsraeliArtMarket.com to serve up ads appearing on IsraeliArtMarket.com In the event a third party is used, they may place or recognize a unique cookie on a user’s browser. Information about users’ visits to IsraeliArtMarket.com such as the number of times users have viewed an ad, are used to serve ads to visitors. As with other cookies and consistent with IsraeliArtMarket.com’s policy on cookies stated above, the user may block or delete such cookies from the user’s drive or memory.
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