PRIVACY POLICY AND TERMS & CONDITIONS

The Privacy Policy and Terms & Conditions (hereinafter referred to as “PP&TC”) are agreed to jointly. By using the www.theartbuyer.com (hereinafter referred to as “Site”) and/or participating in membership and other associated services provided by The Art Buyer (hereinafter referred to as “TAB”), you agree to be bound by the “PP&TC”. If you do not wish to be bound by the “PP&TC”, please do not provide your personal information to “TAB” and/or the “Site” and discontinue use of the “Site” immediately. You have the option to opt-out of participation with “TAB” and/or the “Site” at any time, and, as well, “TAB” and/or the “Site” may terminate your participation at any time. In either case, notification of the other party is required, and a refund, to be determined by “TAB”, of any unused portion of prepaid monies, paid by you for future services, will be made. Any work-in-progress portion will not be refunded. As well, your information will be removed from the “Site” and any other “TAB” services in which you have been participating. Any prepaid service will not exceed a one-year period. You agree that “TAB” and/or the “Site” may, in their sole discretion terminate or suspend your participation at any time for breach of the “PP&TC” and/or any suspected fraudulent, abusive or illegal activity. As a result of any such suspicions, “TAB” may also refer the matter to the appropriate authorities. You must be a minimum of 18 years of age to use the “Site” and/or other “TAB” services.

Modifications to the “PP&TC” may be necessary at any time and as such it is recommended that you review them from time-to-time and understand that you are bound by the current “PP&TC”. “TAB” and/or the “Site” will not be responsible to inform you of such changes directly. You may not modify the “PP&TC” without prior written consent from “TAB”.

All intellectual property and in particular, logos, trademarks, images, demos (hereinafter referred to as “properties”), and the rights to them are held by their respective copyright holders and use of these properties in any way, and in particular, copying and digitally manipulating such properties is strictly prohibited without the owner’s prior written permission for any purpose other than through intended use of the services provided on the “Site” and by “TAB”. Abuse of copyright infringement shall be governed by, construed and enforced in accordance with law and the applicable authorities. “TAB” is not responsible for protecting, governing and reporting any such abuse, other than providing this “PP&TC” on the “Site”, but as a courtesy, will take reasonable efforts to protect your properties. You retain all rights of your properties that you upload to “TAB”. You grant “TAB” usage rights of such properties for the purpose of marketing/promoting “TAB”, the “Site” and yourself. You may not link or embed images from the “Site” to any other website without prior written permission from “TAB”.

“TAB” collects your personal data through the membership registration process. This personal data will not be disclosed or sold to any third party without your prior written consent. “TAB” employees and contracted third parties may have access to a part or all of your information and material files as is necessary to carry out their duties in connection with the maintenance of the “Site” and other “TAB” services. Such “TAB” employees and contractors are bound by this “PP&TC” and general professional confidentiality. Your information which you have specified to be included on posted pages of the “Site” and other “TAB” services is published and therefore available to any individual who visits the “Site” and/or receives other promotional “TAB” material. “TAB” will use general information, which does not identify you or your business name specifically, to determine relevant statistics such as traffic and “Site” usage, etc for internal purposes and provide to related third parties such as potential advertisers, members and distribution recipients.

You agree not to upload or otherwise transmit through the “Site” and any other “TAB” services, any unlawful, harassing, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature, as well as any form of harmful code that may alter or interrupt any user’s equipment and/or software. “TAB” retains the right to delete content that it deems, in its sole discretion, to be objectionable or illegal. You hereby consent to such removal and waive any claim against “TAB” arising out of such file removal. Please note that it is not the responsibility of “TAB” to police content, although “TAB” will take reasonable efforts to monitor content on a regular basis. You agree not to hold “TAB” liable for any damage to and/or any deletion of or any failure to store your files, data or registration data. You further acknowledge that “TAB” has a fixed limit on the amount of disk space that you may use, which limits are specified during the registration process and from time-to-time technical processing such as compression of files may be necessary.

You acknowledge and agree that “TAB” may be required to grant access to your information and materials to a third party in response to a court order or in response to a request from law enforcement or other government authority. You hereby consent to such legal proceeding and waive any claim against “TAB” arising out of such court order.

“TAB” reserves the sole right to either modify or discontinue the “Site” and/or other “TAB” services, including any features therein at any time with or without notice to you, however, “TAB” will not retroactively make such changes which have been previously paid for by you without notice and respective adjustment of monies previously paid.

You agree to indemnify and hold “TAB”, its affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the “Site” and/or other “TAB” service, which cause direct or indirect damage or harm to a third party.

“TAB” shall not be liable to you or any third party for any claims and/or damages whatsoever in law or in equity arising out of any termination or suspension of your use of the “Site” and/or other “TAB” services.

The “Site” and/or other “TAB” digital services are provided on an “as is” and “as available” basis, and your use of and browsing of same is at your own risk. “TAB” does not warrant or guarantee that any materials you upload, download or otherwise obtain from the “Site” and/or other “TAB” services are free of viruses or other destructive code and therefore any such action on your part is done at your own discretion and risk. “TAB” makes no warranty regarding any goods or services purchased or obtained through the “Site” and/or other “TAB” services. “TAB” assumes no liability or responsibility for any errors or omissions in the content on the “Site” and/or other “TAB” services.

If you decide to access any such third party website, you do so entirely at your own risk.

“TAB” is not responsible for the content of any off-site pages or any other websites which you access from the “Site” and/or other “TAB” services. Linking to any off-site pages or other websites by yourself is at your own risk and you waive any and all claims against “TAB” regarding the inclusion of links to outside websites or your use of those websites.

“TAB” makes no warranty that the “Site” and/or other “TAB” services will meet your specific requirements, contains reliable information or that access to the “Site” will be uninterrupted, timely, secure, or error free.

You acknowledge that your sole recourse is to the applicable advertiser if you feel that your rights have been infringed by such advertiser. If you are a user, you agree to indemnify, defend and hold each of the advertisers harmless from and against any and all claims incurred by an indemnified advertiser in connection with any breach by you of the “PP&TC” or any unauthorized use of an indemnified advertiser’s work by you.

If you breach any provision of the “PP&TC” contained herein, you may no longer use the “Site” and other “TAB” services.

“TAB” is not liable to you for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the “Site” and/or other “TAB” services, including any damage that results from unauthorized access to or alteration of your transmissions or data, damages for loss of profits, even if “TAB” has been advised of the possibility of such damages, for an amount greater than the amount you paid to “TAB” in the six months immediately preceding the cause of action.

The “PP&TC” shall be governed by the provincial laws of Ontario and federal laws of Canada in which we operate and you agree to submit to the respective courts. You agree that any cause of action arising out of or related to your use of the “Site” and/or other “TAB” service must commence within one (1) year after the cause of action arose.

These “PP&TC” are binding upon and shall endure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without “TAB’s” prior written consent. “TAB” shall be permitted to assign or transfer the “PP&TC” and its rights and/or obligations hereunder, including but not limited to the provision of services for which you subscribed on the “Site” or a future Website substituted therefore, in connection with a sale, transfer, assignment or license of all or substantially all the assets of “TAB” or a change in control of “TAB”.