We maintain Artshare.com (the "Site") in order to provide buyers of fine art a platform to purchase property.
The following terms and conditions ("Terms and Conditions") govern your use of the Site. Your use of certain areas or features of the Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature.
The Site is owned and operated Artshare Limited. ("Artshare" or "we" or "us" or "our"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. By accessing, using, browsing or buying on the site, you accept and agree to be bound by these terms and conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights in Site. As between you and Artshare, Artshare owns, solely and exclusively: a) all rights, title and interest in and to the Site, b) all audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc., created or made available by Artshare on the Site, c) software, code, data and materials on the Site, d) the look and feel, design and organization of the Site, and e) the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant to you any ownership of any content, software, code, data, or materials you may access on the Site.
2. Limited License to Use Site. We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.
3. Prohibited Uses. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of Artshare or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
5. Copyright. The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (collectively "Materials"), are protected by copyright laws, and are owned or controlled by us or by third parties that have licensed their Materials to us. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of Artshare’s or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.
Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other Site, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited. If you would like information about obtaining Artshare’s permission to use the Material on your Site, please email email@example.com
7. Termination. Artshare may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site's services at any time, in our sole discretion, and without liability to any user. Artshare may restrict, suspend or terminate your use of or access to the Site if we believe you are in breach of or are attempting to breach our Terms and Conditions or applicable law, or for any other reason without notice or liability.
8. Copyright Infringement on the Site. Artshare respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Artshare at:firstname.lastname@example.org
9. User Postings. Artshare may provide certain areas of the Site designated as open to our users at large ("Open Areas"). Generally, any communication that you post to Open Areas is considered to be non-confidential.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Site or the Material; or (9) post or transmit any information containing a virus or other harmful component.
If notified by a user of communications that allegedly do not conform to any term of these Terms and Conditions, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. Artshare has no liability or responsibility to users for performance or non-performance of such activities. We reserve the right, in our sole discretion, to expel users and prevent their further access to the Site for violating these Terms and Conditions or the law. We also reserve the right at all times to disclose any information as necessary or deemed desirable by us to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
11. Registration, passwords, signatures. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Site (“Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify us of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
12. Links to Other Sites. The Site may contain links to third-party sites that are maintained by others. These links are provided solely for the convenience of the user and are not endorsed by us in any way. We are not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
13. Changes to Terms and Conditions. Artshare reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
14. Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:
Unit 1010, Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Hong Kong
Hong Kong SAR
Anti-Money Laundering Policy ("AML")
Money laundering is the act of converting money or other monetary instruments gained from illegal activity into money or investments that appear to be legitimate, so that any illegal source cannot be traced.
Artshare Ltd neither accepts cash deposits nor disburses cash under any circumstances
Artshare Ltd reserves the right to refuse to process a transfer at any stage, where it believes the transfer to be connected in any way to money laundering or criminal activity. It is forbidden for Artshare Ltd to inform customers that they have been reported for suspicious activity.
Artshare Ltd carefully tracks suspicious and significant transaction activities, and reports such activities ‘providing timely and comprehensive information’ to law enforcement bodies
Artshare Ltd employs and maintains appropriate measures to conduct customer identification. Specifically, management will train employees in matters related to the prevention of money laundering so that employees can implement immediate and appropriate measures for customer identification.
Customers are required to submit updated identification and contact information in a timely manner, as soon as changes occur.
Artshare Ltd employs and maintains measures for handling suspicious transactions.
Artshare Ltd reports suspicious transactions to relevant authorities without delay.
Artshare Ltd trains employees in matters related to the prevention of money laundering, etc., so that employees can take appropriate actions in a timely manner for handling suspicious transactions.
Artshare Ltd requires that all deposits, where the name of the originating customer is present, come from the name of the person matching the name of the customer in our records. Third party payments are not accepted.
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