ArtTactic Terms & Conditions
Please read this carefully. These are the terms and conditions on which you may use the ArtTactic.com website and the online content/services available on it ("ArtTactic Content"). These terms apply to your use of ArtTactic.com and all ArtTactic Content irrespective of how the ArtTactic Content is delivered to you. By accessing ArtTactic.com you are agreeing to the terms and conditions below. If you use ArtTactic.com in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read the paragraph in Section 2 regarding At Work Use.
These terms and conditions were last updated on 1. April 2012 and replace all previous terms and conditions for ArtTactic.com.
ARTTACTIC may change or withdraw any part of ArtTactic.com at any time (with or without notice to you) and may also change the terms and conditions. If you do not agree to the changes you should cease using ArtTactic.com and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 8.
References in these terms and conditions to "ARTTACTIC" (or "we", "us" or "our") refer to the applicable ARTTACTIC Ltd, see the Corporate Information section below for more details.
1. Access and Use
ArtTactic.com is split into two sections. Areas that are: (1) accessible to all; (2) accessible to paying subscribers.
Permitted Use: All ARTTACTIC Content belongs to ARTTACTIC or its licensors. ARTTACTIC or its licensors own all intellectual property rights (including copyright and database rights) in the ARTTACTIC Content and any selection or arrangement of the ARTTACTIC Content. You may for your personal, non-commercial use:
- Retrieve and display ARTTACTIC Content on any compatible device;
- print a single copy of individual articles on paper (but not photocopy them);
- email headlines appearing on ArtTactic.com (but not full text articles);
- store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network); and Use spidering technology to search and link to ArtTactic.com, provided that you do not infringe the Restrictions on Use below.
Restrictions on Use: You may not use ArtTactic.com or the ARTTACTIC Content for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the ARTTACTIC Content. Without limitation, you may not do any of the following without prior written permission from ARTTACTIC (and neither may you allow a third party to do any of the same):
Remove the copyright or trade mark notice from any copies of ARTTACTIC Content made under these terms and conditions; or create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the ARTTACTIC Content (by spidering or otherwise); or frame, harvest or scrape the ARTTACTIC Content or otherwise access the ARTTACTIC Content for similar purposes.
Linking: If you would like to link to ArtTactic.com, please read and comply with the following guidelines and all applicable laws. A site or service that links to ArtTactic.com:
- may display an ARTTACTIC logo but must not otherwise use any ARTTACTIC trade marks without permission from ARTTACTIC;
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to the homepage of ArtTactic.com
- must not in any way imply that ARTTACTIC is endorsing it or its products or services;
- must not misrepresent its relationship with ARTTACTIC or present false information about ARTTACTIC;
- must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
- must not be a site or service that contains content that could be construed as distasteful or offensive.
ARTTACTIC expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF ARTTACTIC.COM.
On registration, you must provide ARTTACTIC with accurate, complete registration information and it is your responsibility to notify us about any changes to that information. This is particularly important if you subscribe to receive any Paid For Services. ARTTACTIC is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will be given a user name and password ("ID"). ARTTACTIC does not permit any other person sharing your ID or access through a single ID being made available to multiple users on a network. ARTTACTIC may cancel or suspend your access to ArtTactic.com if you do this without further obligation to you.
If you provide ARTTACTIC with an email address that will result in any messages ARTTACTIC may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that ARTTACTIC may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.
3. Technical Requirements and Site Security
ArtTactic.com is best viewed with the latest versions of Internet Explorer, Mozilla Firefox, Google Chrome or Opera. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
4. Warranties & Limitation of Liability
The ARTTACTIC Content is only for your general information and use and is not intended to address your particular requirements. In particular, the ARTTACTIC Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by ARTTACTIC and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) ArtTactic.com are at your sole risk and responsibility. Any information that you receive via ArtTactic.com whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. ARTTACTIC is not responsible for any use of the ARTTACTIC Content by you outside its scope as stated in these terms and conditions.
What we can guarantee: ARTTACTIC SHALL DEVELOP AND OPERATE ARTTACTIC.COM WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, ARTTACTIC DOES NOT GIVE ANY WARRANTIES IN RESPECT OF ARTTACTIC.COM. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARTTACTIC HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT ARTTACTIC.COM IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ARTTACTIC WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF ARTTACTIC.COM (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING ARTTACTIC.COM OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT ARTTACTIC WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF ARTTACTIC.COM.
ARTTACTIC SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN ARTTACTIC.COM OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF OR INABILITY TO USE ARTTACTIC.COM IS AS FOLLOWS:
IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF ARTTACTIC.COM. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO ARTTACTIC PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN ARTTACTIC.COM, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF ARTTACTIC.COM. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL ARTTACTIC.COM SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES.
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL ARTTACTIC.COM SUBSCRIPTION FEE.
The above disclaimers and restrictions on liability apply equally to your use of ArtTactic.com and all ARTTACTIC Content.
Without limiting the above, ARTTACTIC is not liable for matters beyond its reasonable control. ARTTACTIC does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.Notwithstanding anything else contained in the provisions of this Section 5, ARTTACTIC's liability will not be limited in the case of death or personal injury directly caused by ARTTACTIC's negligence.
5. Third Party Sites and Services
ArtTactic.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on ArtTactic.com complies with international and national law. ARTTACTIC will not be responsible for any error or inaccuracy in advertising or sponsorship material.
6. Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of ARTTACTIC and to the extent possible in the applicable jurisdiction, ARTTACTIC shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
8. Paid For Services
ARTTACTIC operates the following "PAID FOR" services: ArtTactic.com Research Subscription Service. By subscribing to or purchasing any of these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms in this Section 8. ARTTACTIC reserves the right to vary the Paid For Services and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.
You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you receive any Paid For Services through any corporate or business arrangement made with us, any payment terms below will not apply to you.
You must provide us with complete, accurate and up-to-date payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to ARTTACTIC you warrant that you are entitled to purchase the Paid For Services using those payment details. If we do not receive payment authorisation or if payment is not valid, cannot otherwise be processed or if any authorisation is subsequently cancelled or any check of your card fails, we may immediately terminate or suspend your access to any Paid For Services.
ARTTACTIC will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time.
ARTTACTIC reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.
ARTTACTIC will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence.
(b) Subscription Services
Scope: You may purchase a subscription or an individual report from ArtTactic.com and/or the ARTTACTIC.
9. Corporate Information
ArtTactic.com subscriptions are operated by ArtTactic whose corporate details are as follows: company number is Registered in England & Wales No. 4215594 Registered office:58 Tormount Road London SE18 1QB
10. Changes to Terms and Conditions
These terms and conditions were published on 05 April 2012 and replace with immediate effect the terms and conditions previously published.