1. Use of the Website
Use of this website www.thiseraart.com or any part of this website (“Website”) owned by This Era Art is subject to your acceptance of these terms and conditions (“Terms” or “Terms and Conditions”) which govern the use of this Website without modification. You hereby agree and confirm that you shall click on the links to and familiarise yourself with these Terms and Conditions and other terms, conditions and guidelines found throughout this Website and abide by them.
YOUR USE OF THE WEB SITE SIGNIFIES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERMS, DO NOT USE THE WEBSITE.
For the purposes of these Terms (referred to as “the Agreement”), “User” shall mean any person who uses this Website. This Website is deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your computer or similar system or in the internet browser thereof. TEA's own records of the use of the Website and transactions concluded therein, maintained through computer systems or otherwise, shall be deemed accepted as conclusive and binding proof of such use.
The use of this Website by Users may be terminated at any time by TEA without any notice to the User if the User violates any part of the Terms or for any reason whatsoever.
The content on the Website extends to a wide range of art and antiquities, is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive.
3. Competence to Contract
It also can provide access to purchasing works of art via paypal and such like. If you are not legally competent to contract, please leave the site NOW.
4. Registration with www.thiseraart.com
To join This Era Art's mailing list, avail some of the services, participate in gallery auctions and have regular image-updates of new works of art emailed to you from TEA, a User is required to register with the Website in accordance with the procedure in the website.
TEA is committed to protecting the User’s privacy and shall take all efforts to protect any personal data provided to the Website by reasonable security safeguards against such risks as loss or unauthorised use, destruction, modification or disclosure of data. However, in case of any lapse, TEA shall not be held responsible for any effect or consequences thereof.
TEA undertakes not to disclose, except as otherwise provided, the personal information provided by the User to any person, unless such action is necessary to:
- Conform to legal requirements or comply with legal process;
- Protect and defend TEA’s or its affiliates' rights, interests or property;
- Enforce the terms and conditions of the sale of works of art or provision of services or the Agreement;
- Share with a third party, including sellers/owners of works of art and affiliates that are interested in serving the User;
- Allow the User to use specific account information;
- Send the User information about TEA and / or works of art or services;
- contact the User when required;
- Send information relating to promotions, up coming auctions, art exhibitions and other matters.
6. Posting Communications
TEA may provide certain areas of the Website (such as TEA's Blog, message boards or other facilities) designated as open to public access or to Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that Users post to a Public Area is considered to be non-confidential.
By posting communications (including any graphic or multimedia content) to any Public Area, User automatically grants TEA a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
TEA does not screen communications in the Public Areas in advance and is not responsible for screening or monitoring material posted by Users. User shall be responsible for his own communications and is responsible for the consequences of his posting.
If TEA receives any notice or information that any communication allegedly does not conform to any term of this Agreement, TEA may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. TEA has no liability or responsibility to Users for performance or non-performance of such activities.
TEA reserves the right, in its sole discretion, to expel Users and prevent their further access to the Website for violating the Agreement or the law. TEA also reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in TEA’s sole discretion.
TNS DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED ON THE WEBSITE OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. USER HEREBY ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT USER’S OWN RISK.
7. Restrictions on Posting Communications
User must not do any of the following things while accessing or using the Website: -
- post or transmit any material unless User is 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 Website;
- post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity;
- post sexually-explicit language or images;
- post advertisements or solicitations of business;
- post or transmit any chain letters or pyramid schemes;
- impersonate another person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Website;
- post or transmit any information containing a virus or other harmful component.
8. Intellectual Property Rights
Please note that all parts of the Website including its contents and all intellectual property rights therein, including, without limitation, all copyright, trademarks and logos, are owned by TEA and / or its suppliers/affiliates and is protected by intellectual property rights law including copyright laws, international treaty provisions, and these Terms. User acknowledges that the Website is highly proprietary in nature and that unauthorised copying, transfer or use may cause TEA irreparable injury that cannot be adequately compensated for by means of monetary damages. Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sub-licensing, creation of derivative works from, transferring or redistribution of the Website or any of its contents is expressly prohibited by law, and may result in severe civil and criminal penalties. TEA shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to TEA to protect its interests therein. Neither the availability of, nor anything contained within the Website shall be construed as conferring any license to any of TEA’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.
9. Restrictions on Use
The User agrees to use the Website strictly for the purpose of viewing and purchasing of the arts, antiquities and others promoted in it. The User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the TEA servers or systems, or any servers or systems used by TEA. The User agrees not to use this Website for any illegal purpose or in any manner inconsistent with the Agreement. The User agrees not to use, transfer, distribute or dispose of any information or images contained in the Website for any reason whatsoever.
Further, the User shall not, except as permitted by the Agreement:
- Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any part of the Website in violation of the Agreement or the laws of any country.
- Create a database in electronic or structured manual form by systematically downloading and storing the entire Website or part thereof except such information as relates or concerns the User.
- Cache or permit caching by any person.
- Send unsolicited email or other correspondence to any other User
- Do any act that violates TEA’s (or any third party’s) intellectual property rights in the Website.
- Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any other User.
- Use the Website to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
- Run mail list or any form of auto-responder, or spam on the Website or any processes that are run or are activated while the User is not logged on or engage in any virus attack or denial of service attack or engage in any activity designed and/or intended to interfere with the working of Website for any duration of time.
10. Disclaimer of Warranties
THE WEBSITE, ALL SERVICES PROVIDED THEREIN AND ALL WORKS OF ART SOLD THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY AND COMPLETENESS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, AND ANY WARRANTIES RELATING TO VIRUSES AND NON-INFRINGEMENT IN THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. TNS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED THAT THE USE OF THE WEBSITE WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH, OR FROM, THE WEBSITE OR IN ANY OTHER MANNER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TNS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TNS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF THE INFORMATION/MATERIAL ON THE WEBSITE.
11. Limitation of liability
USER AGREES THAT TNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY PERSONAL INJURY, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, BUSINESS INTERRUPTION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) TO USER OR ANY THIRD PARTY RESULTING FROM THE USE/DELIVERY/PERFORMANCE OR THE INABILITY TO USE/DELIVER/PERFORM THE SERVICES PROVIDED BY THE WEBSITE OR DUE TO THE PURCHASE OF ANY WORK OF ART OR RESULTING FROM UNAUTHORISED ACCESS TO, OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OTHER THAN AS SPECIFICALLY ALLOWED BY TNS.
USER FURTHER AGREES THAT TNS SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ERROR, INTERRUPTION, SUSPENSION OR TERMINATION OF, OR IN, THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR PLANNED.
User agrees to defend, indemnify, and hold harmless TEA, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from use of the Website and any material (including software) on the Website, User’s breach of the Agreement, or User’s violation of law or of the rights of any third party.
13. Links to third party sites
TEA has the absolute discretion to amend or supplement any of these Terms or the Website at any time, which amendment or supplement shall automatically become binding on the User when the amendment or supplement is made on the Website.
Any waiver by a party of a breach of any condition/s in the Agreement by the other party shall not be construed as a waiver of any subsequent breach of any condition/s in the Agreement.
If any term, condition, clause or provision of the Agreement becomes invalid or be so judged, the remaining terms, conditions, clauses and provisions shall be deemed severable and shall remain in full force.