ARTDEX

Terms of use

Welcome to ARTDEX, a place for artists, collectors, curators and all to organize, discover and connect with the art world.

Please read this agreement (the “Terms of Use”) before using the site or any Services (as defined below) or signing up through the creation of an account.

This page outlines the terms of use of our website located at www.artdex.com, our mobile app and any other applications we make available, including, without limitation, products, computer programs, applications, widgets, services, platforms (third-party or otherwise), integrations and web sites hosted (the “Services”). This also includes any information provided by these means, including, without limitation, images, illustrations, data, photographs, graphics, logos, audio, video, music, text, user comments, messages, data, articles and any other content accessed through the ARTDEX platform.These Terms of Use, along with our Privacy Policy (which is incorporated herein by reference), is a legal contract between you and Art Collectors International LLC  (“ACI”) regarding your use of the Services. For the purposes of this Agreement, “ARTDEX,” “us,” “our” and “we” refer to ACI and its affiliates. “You,” “User” or “Customer” refers to you or the entity on whose behalf you are agreeing to these Terms of Use. Through your use of the site or any of the Services, whether through the creation of an account or otherwise, you agree to these Terms of Service and the Privacy Policy, each as may be amended by ACI.To use the site or the Services, you agree that: (1) you must be 18 years of age  or older (or that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and other information you share through the Services) on your behalf) and (2) you are not already restricted by ARTDEX from using the site or the Services.

  1. Information About ARTDEX
  2. Access of Services
  3. Intellectual Property Rights
  4. Usage Policies
  5. User Accounts
  6. Suspension and Termination
  7. Limitations of Liability
  8. Site and Service Change
  9. Links from ARTDEX website
  10. Disclaimer of Warranties
  11. Exclusion of Liability
  12. Revision of Terms
  13. Information About ARTDEX
     
1. Information about ARTDEX

ACI is incorporated and registered in the State of Delaware. Our registered office is located in 2711 Centerville Road, Suite 400, Wilmington, DE 19808.

2. Access of Services

Welcome to ARTDEX, a place for artists, collectors, curators and all to organize, discover and connect with the art world.

Please read this agreement (the “Terms of Use”) before using the site or any Services (as defined below) or signing up through the creation of an account.

This page outlines the terms of use of our website located at www.artdex.com, our mobile app and any other applications we make available, including, without limitation, products, computer programs, applications, widgets, services, platforms (third-party or otherwise), integrations and web sites hosted (the “Services”). This also includes any information provided by these means, including, without limitation, images, illustrations, data, photographs, graphics, logos, audio, video, music, text, user comments, messages, data, articles and any other content accessed through the ARTDEX platform.These Terms of Use, along with our Privacy Policy (which is incorporated herein by reference), is a legal contract between you and Art Collectors International LLC  (“ACI”) regarding your use of the Services. For the purposes of this Agreement, “ARTDEX,” “us,” “our” and “we” refer to ACI and its affiliates. “You,” “User” or “Customer” refers to you or the entity on whose behalf you are agreeing to these Terms of Use. Through your use of the site or any of the Services, whether through the creation of an account or otherwise, you agree to these Terms of Service and the Privacy Policy, each as may be amended by ACI.To use the site or the Services, you agree that: (1) you must be 18 years of age  or older (or that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and other information you share through the Services) on your behalf) and (2) you are not already restricted by ARTDEX from using the site or the Services.

3. Intellectual Property Rights

ARTDEX displays, shares and makes photos, images, and any other materials uploaded by users available on the ARTDEX platform. This is to allow users, registered and unregistered, to interact and discover User Content across and within our Services. As a user of ARTDEX, you represent and warrant us that the intellectual property rights of all material you make available on ARTDEX, including but not limited to copyrights, are owned by you, the User, who has uploaded the material. You hereby grant us a worldwide, non-exclusive, royalty-free right and license to reproduce, publicly display and distribute and exploit any material you upload to any of the Services. This includes any material associated with your User Profile and User Content such as photographs, images, likenesses, names, artwork, logos/trademarks/watermarks, audio, video, recordings, comments, and text. Excluding your contributions, we are the owner of all intellectual property rights on our Site and our Services and any materials we publish on it (unless otherwise specified). Those works are protected by copyright laws globally. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or use any content on our site in any way except for your own personal and non-commercial use (with exception to sales permitted through the Site or our Services or other similar commercial purposes explicitly permitted by ARTDEX on the Site or the Services).  

We reserve all right, title and interest in and to our Services, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, development and design, including front and backend systems, visual design, Internet website and accompanying databases. Excluding material posted by our Users, all content on our Services, including but not limited to the ARTDEX logo, and all designs, text, graphics, pictures, selection, “look and feel”, information, data, sound files, software, collectively Site Materials are owned by ARTDEX. These Terms of Use do not transfer any ownership rights in any of the foregoing to you or any third party.

Additionally, to the extent permissible under the laws of your state, jurisdiction or country, you hereby waive any right of droit moral or any similar right with respect to the User Content and agree not to institute, support or maintain any action or lawsuit on the ground that the exercise of any of the rights conveyed by you under these Terms of Use constitutes an infringement of any right of droit moral or any similar right is in any way a defamation or mutilation of the User Content, or any part thereof, or of the reputation of any artist, or contains unauthorized variations, alterations, modifications, changes or translations.We take intellectual property rights seriously.  We make it our top priority to remove infringing, defamatory, offensive and/or abusive content upon request. We reserve the right, at our sole discretion, to disable and/or terminate accounts of users who repeatedly infringe or charged of with infringing intellectual property rights or others. Please notify us of content that infringes your intellectual property or the intellectual property rights of a third party or content that violates our policies.  We will respond to notices of alleged copyright infringement that are properly provided to us. If you believe that a work posted on our Site infringes your copyright, contact support@artdex.com, and include the following information in your claim: identify the copyrighted work that you claim has been infringed, or, should multiple works be included, you may provide a representative list of the copyrighted works that you claim have been infringed.

4. Usage Policies

You hereby agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. We may remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violative of a third party’s intellectual property or other legal rights.

You may not use the Service for any illegal and unauthorized purposes. You may not use the Service that damages its content or interfere its operation in any way. You may not access or attempt to access any of the Services by any means other than through the public interface that is provided by ARTDEX. You may not access any of the Services through any automated means including but not limited to the use of scripts or bots. Any unauthorized use of any ARTDEX content or the Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with ARTDEX to prevent any unauthorized infringing of the Services or ARTDEX content.We reserve the right to terminate any User’s access to any or all of the Service for repeated violations of this Section and will provide electronic notice to Customer. You agree to use any third-party communication services (“Communications Services”) only in compliance with these Terms of Service. You agree when using our Service, you will not:

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, or unlawful material or information.
  • Abuse, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services and other’s computers.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
  • Conduct or forward pyramid schemes or chain letters.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any of the Communication Services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
     

5. User Accounts

Comprehensive access of our Site and Services is granted under a complete user registration. You must create and login to an ARTDEX account of your own. Use of another’s account is not permitted. You agree to provide truthful, accurate and complete information when creating your account. You are responsible for the activity that is performed under your account. By connecting your ARTDEX account with a third party service, you give us permission to access and use your information collected from that service as permitted. You are solely responsible for maintaining the security of your account information as well as passwords of any third-party services that you may have chosen to link to your account.You agree to promptly notify ARTDEX of any breach of security of unauthorized use of your account. You may be liable for losses of ARTDEX or others due to an unauthorized use or any other violation of these Terms of Use. ARTDEX reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

We have no obligation to monitor disputes between you and other users. You interactions with other Users are your responsibility. We will not be liable for any User’s action or inaction.  You acknowledge that we have no obligation to review or screen any content, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. Please review our Privacy Policy page for information regarding security, confidentiality, and what we do with the information you provide us.

6. Suspension and Termination

Failure to comply with section 3 (Intellectual Property Rights) and/or section 4 (User Policies) of these Terms of Use constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions: (i) immediate, temporary or permanent withdrawal of your right to use our Site or our Service; (ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our Site or our Service; (iii) issuing of a warning to you; (iv) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Limitations of Liability

The Service provides content uploaded, transmitted or otherwise shared by our users. Because we have no control over such content, you acknowledge and agree that ARTDEX  is not responsible for and does not assume responsibility or accept liability for any third-party websites, services, files, content, advertising, products or other materials on or made available by third parties through its platform. You further acknowledge and agree that we shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such artwork, video, content, galleries and collections or services available on or through any such site or resource.

8. Site and Service Change

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

9. Links from ARTDEX website

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We may provide links to commercial services as part of our Site and Service; these links are also provided for information only and all transactions taking place on third party services will be according to the terms and conditions of that third party provider.  Third-party sites and products are not under ARTDEX’’s control, and we are not responsible for the contents of any third-party site or product, including without limitation any link contained in a third-party site, or any changes or updates to a third-party site or product.

10. Disclaimer of Warranties

You expressly understand and agree that:
a) your use of the Service is at your discretion and risk. We disclaim any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from accessing information or material on the Internet using our Service. The Service is provided on an "as is" and "as available" basis. ACI and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) ACI. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the Service will meet your requirements; the Service will be uninterrupted, timely, secure or error-free; the result that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; or that any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from m the download of any such material
d) We hereby disclaim all warranties, express or implied, with respect to the Services, including, without limitation, any warranty of merchantability or fitness for a particular use. No advice or information, whether oral or written, obtained by you from ACI, the Site or through or from the Service shall create any warranty not expressly stated in these Terms of Service.

11. Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ACI HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), ACI (AND THOSE THAT ACI WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

12. Revision of Terms

We reserve the right to revise these Terms of Service at any time, including by posting a new version on this website. You shall be responsible for reviewing and becoming familiar with any such modifications.

ARTDEX offers easy-to-use features for both actual art pieces and virtual collections; for artists, art collectors of any level (private or collective), students & educators, and all art professionals. You can efficiently archive, manage and share collections. ARTDEX provides an easy and convenient platform where its dual functions allows you to utilize it as a business and/or personal tool. Collect and share the art you love, or simply learn about trending artists and artworks today.