Welcome to the My Art Broker website.
Whilst we probably dislike this legal stuff just as much as you do, it is important to establish a few terms and conditions under which you visit and use the Website, we also need to grant you a license to download our intellectual property, but we will try to make it as plain, simple, and painless as we can.
In these Website Terms of Use –
‘Website’ (when used with a capitalised initial letter) refers to https://www.myartbroker.com
‘we’, ‘us’, or ‘our’ refers to My Art Broker (London) Ltd , who is a company incorporated in England with a company registration number of 09238186 and a registered office at 64 Churchill Road, Langley, Berkshire, SL7RB3 .
‘you’ or ‘your’ refers to you, the visitor to the Website.
1. These Terms of Use contains the terms and conditions that govern the use of the Website, which is owned and managed by MyArtBroker (London) Ltd.
2. If you do not accept or disagree with any part of these Terms of Use, or if it would be illegal under the laws of the country from where you gain access, then you must not use this Website.
3. If you use the Website then you will be deemed to have given your agreement to these Terms of Use, however, if you would like to register with the website to have access to restricted content and functions then you will need to expressly agree during the registration process.
4. We may revise or amend these Terms of Use from time to time, which may be to update the content, increase the Website’s functionality, keep up with advances in technology or remain compatible with popular browsers and devices or reflect changes to applicable regulations. Any revision or amendment will apply to the use of the Website from the date of publication, and you should check this page regularly to ensure that you are familiar with, and accept the current version.
5. All visitors to the Website can contribute towards ensuring everyone’s experience and use of this Website is safe, pleasant, and hassle-free. We encourage you to report any miss-use of the Website; or a breach of these Terms of Use; or any difficulties you are experiencing in accessing or navigating around the Website.
6. In the interest of keeping our visitors safe and for detecting misuse we may use any method available, including technical and legal to prevent or remedy a breach of these Terms of Use and the license. Unauthorised use of this Website may give rise to a claim for damages or be a criminal offence.
7. The Website includes the ability for you to contact us to make an enquiry or request a valuation. To use this facility, you will be required to submit some personal information to enable us to reply to you. The personal information will be collected, processed, and stored in accordance with our Privacy Notice and all applicable data
protection regulations.
8. Viewing the Website does not create any obligation upon you or us to enter into a contract for the supply of any services or artwork promoted within the Website. Any services or artworks provided by us are subject to a separate contract for services or sale.
9. We take great care to show the content as accurately as possible, however:
a) colours, shapes, layout, design, images etc can be distorted during the
downloading, reproduction, or reconstruction of the Website by the device you use;
b) manufacturer or user settings of the device used to view the Website can affect how the Website is displayed, we cannot guarantee the colour, shade, shape, size, or any other visual aspect is an exact match with the image on the Website;
c) the content, prices, offers, specifications, availability, design, layout, scheme, or theme are subject to change without notice and provided without warranty that they are accurate or error free and may be stated incorrectly.
Intellectual Property License
10. All intellectual property in the Website content, design, images, graphics, text, layout, software, and source code is owned by or licensed to us and protected under UK law and worldwide treaties. Any Trademarks within this Website which are not our property, or licensed to us are recognised, acknowledged, and respected. Use of some images may be under section 30 Copyright Designs and Patents Act (UK) 1988
(fair use for critique or review), or general license granted by an image library or open source.
11. Intellectual property includes, but is not limited to statutory rights and privileges, patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets), in any part of the
world.
12. We grant you a non-exclusive, limited, conditional, royalty free, non-transferable license to download, view and print pages from the Website for your personal use.
13. In return for granting the license you agree not to, without our express written consent:
a) republish, redistribute, reproduce, duplicate, copy, translate, transmit,
broadcast, sell, rent or sub-license or otherwise use material from this Website, including use or publication on another website;
b) frame or embed any part of the Website on other websites, Apps, or any other distributable media;
c) download or store any code, data or databases from the website other than to view the publicly available, Client side of the website;
d) use any material from the Website for a commercial purpose;
e) attempt to edit, modify, amend, disassemble, or decompile any material on the Website;
f) conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting;
g) access the Website in any way that causes, or may cause, damage to the Website or its hosting servers; impairs or interferes with of the availability or accessibility of the Website; is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
h) disrupt the normal flow of data in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
i) upload, transmit or link to software viruses or any other malicious computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer, device, software or hardware or telecommunications equipment.
Registration and registered users
14. The Website allows you to create an account if you wish, this will enable you to make orders in the future without needing to input all the required information and will maintain a record of your orders. To create an account, you will need to register with a username and password.
15. Registered users are solely responsible to the safety and security of the username and password, and accept sole responsibility for any unauthorised access as a result of any loss, disclosure, or failure to keep the access information secret. It is recommended that passwords are changed on a regular basis and report to the Company any activity which you know or suspect of being as a result of unauthorised access.
16. Registered users must not use their account to do anything that is not permitted within the website terms of use, license to use the Company’s intellectual property, terms and conditions of services;
a. impersonate any person or entity;
b. make any false statements or misrepresentations (including during the registration process);
c. infringe upon any patent, trademark, trade secret, copyright, right of privacy or other proprietary rights of any party;
d. acquire or attempt to acquire any details of any other registered user;
e. intentionally or unintentionally violate any applicable laws or regulations;
f. harass, bully or cause distress to another user of the Website or any employee of the Company;
g. access or attempt to access another user’s account.
17. We may recover any costs, expenses or losses incurred as a result of any misuse or abuse of the Website or networks including but not limited to costs incurred for cleaning the Website or removing content, administration, representations or attendance with authorities, legal fees and use of third party representation.
18. Our liability to you in relation to your use of the Website or under or in connection with these Terms of Use, whether under law, regulation, code, rule, contract, tort (including negligence), warranty, equity or otherwise, will be limited to the extent that:
a. access to the Website is provided free-of-charge and we will not be liable for any loss or damage of any nature, irrespective of the basis behind a claim for your use of the Website (except where the law does not permit exclusion of liability) and if you are dissatisfied with any aspect of the Website then your sole and exclusive remedy is the discontinuation of your use of the Website;
b. we will make all reasonable endeavours to maintain continuous access to the Website, however availability may be interrupted as a result of routine, periodic or necessary, maintenance and repairs; updates and upgrades to the underlying software and equipment used to make the Website accessible via the internet; maintaining security; and keeping up with technological advances;
c. we have no control over the content on a third party website that is accessed via a link on this Website and will not be liable for such content on an external website;
d. technology and equipment can function incorrectly or fail to function at all, the operation and availability of the Website may be interrupted or
interfered with beyond our reasonable control, and we cannot be liable for any loss or damage, whether financial, opportunity or corruption of any data resulting from your inability to access the Website;
e. the transmission of data through the internet is inherently insecure, we will use every reasonable endeavour to ensure the integrity and security of the data and equipment but shall be under no liability for non-receipt or misrouting of data or that the data you receive has not been interfered with. You are encouraged to provide your own additional security software but the compatibility, effectiveness and updating of that software is your sole responsibility;
f. we do not know the software or apps that are installed on the device you use to access the Website therefore we are not able to guarantee that the Website is compatible with any third party scripts, code, software, or apps that you upload or install on your device.
19. Nothing in these Terms of Use (or elsewhere on our Website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
20. If any provision of these Terms of Use and license is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Wherever possible the invalid or unenforceable provision shall be replaced by one with a similar effect or meaning.
21. No forbearance or delay in enforcing a legal or contractual right shall prejudice, restrict, interfere, or otherwise diversely affect the right to enforce those rights at a later time or for a subsequent breach.
22. These Terms of Use are constructed and governed in accordance with English law and only available in the English language. the courts of England have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to the contract created herein.