User Agreement
The following describes the terms on which Israeli Art Market offers you access to our services.
Introduction
Welcome to Israeli Art Market. By using the services on the Israeli Art Market website, you are agreeing to the following terms, including those available by hyperlink, with Israeli Art Market . Before you may become a member of Israeli Art Market , you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Israeli Art Market Privacy Policy.
By accepting this User Agreement, you also agree that separate user agreements and privacy policies may govern your use of some Israeli Art Market -branded websites or websites we operate. The Agreement that applies on our domain is always the Agreement that appears in our website’s footer.
Using Israeli Art Market
While using Israeli Art Market, you will not:
- Post content or items in an inappropriate category or areas on our sites and services.
- Violate any laws, third party rights, or our policies.
- Use our Site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site.
- Fail to deliver payment for items purchased by you.
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or cannot authenticate the buyer’s identity.
- Manipulate the price of any item or interfere with other user’s listings.
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Israeli Art Market.
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal Information).
- Transfer your Israeli Art Market account and User ID to another party without our consent.
- Distribute or post spam, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm Israeli Art Market or Israeli Art Market users’ interests or property.
- Copy, modify or distribute content from the Sites and Israeli Art Market’s copyrights and trademarks.
- Harvest or otherwise collect Information about users, including email addresses, without their consent.
Abusing Israeli Art Market
Israeli Art Market and our community of users work together to keep the Site, and its services working properly and our online marketplace safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
CONTENT
Israeli Art Market does not own the content (including but not limited to images, item descriptions, and artist descriptions) you provide to the Site. However, when you give us content, you grant us a license so that we do not violate any rights you may have in the content. You grant Israeli Art Market a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. Additionally, you grant Israeli Art Market the right to use your content for the purpose of marketing, merchandising, and advertising in media including, but not limited to, the Israeli Art Market Site and partner sites.
Liability
You will not hold Israeli Art Market responsible for other users’ content, actions or inactions, or items they list. The Site is a venue to allow anyone to offer, sell, and buy art, at any time, from anywhere. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Israeli Art Market does not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions under which legal ownership of an item is transferred upon physical delivery of the item, to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action, giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Israeli Art Market and the appropriate third party, as applicable.
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the sites; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Patents
One or more patents owned by The Israeli Art Market (Art Market – Global Media Company) apply to The Site and to the features and services accessible via the Site. Portions of this Site operate under license of one or more patents.
Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the Israeli Art Market’s property or its content suppliers and protected by Israeli and international copyright laws. The compilation of all content on this Site is the exclusive property of Israeli Art Market and protected by Israeli and international copyright laws. All software used on this Site is the property of Israeli Art Market or its software suppliers and protected by Israeli and international copyright laws.
Privacy
We do not sell or rent your personal Information to third parties for their marketing purposes without your explicit consent. We use your Information only as described in the Israeli Art Market Privacy Policy. We view the protection of users’ privacy as a fundamental community principle. We store and process your Information on computers located in the US that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal Information, see our Israeli Art Market Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Israeli Art Market’s national registered agent (in the case of Israeli Art Market) or to the email address you provide to Israeli Art Market during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Israeli Art Market, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Israeli Art Market agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you first to contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes
- This Agreement shall be governed in all respects by the Israeli State laws as they apply to agreements entered into and to be performed ISRAEL entirely, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Israeli Art Market must be resolved by a court located in ISRAEL, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
General
Israeli Art Market is located at Givatayim, Israel. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Israeli Art Market.com site. This Agreement may not be otherwise amended except in writing signed by you and us. This Agreement sets forth the entire understanding and Agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
