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The following are the terms and conditions (the "Terms") under which you (a "User") may use and access the auction platform for non-fungible tokens (“NFTs”) made available by us’, Christie’s Inc. (the “Company”, and such platform, the “Website”). Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
In the event you intend or seek to participate in an NFT auction on the Website as a seller, bidder or buyer of NFTs, you may be subject to additional terms and conditions in addition to these Terms. In the event of any conflict between such additional terms and these Terms, such additional terms shall govern.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE. ANY UNAUTHORIZED USE BY YOU OF THE WEBSITE WILL AUTOMATICALLY TERMINATE YOUR RIGHTS HEREUNDER TO USE THE WEBSITE WITHOUT PREJUDICE TO ANY OTHER REMEDY WE MAY HAVE UNDER APPLICABLE LAW.
WARNING: The content of the Website is not intended for minors. Such content extends to a wide range of art, is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Website is inappropriate for your child, and to control the child's use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Website.
The Website, and all content available on the Website, such as text, graphics, button icons, images, audio, video, data, coding, scripts, computer programs, and any combinations or compilations thereof, and other material ("Material" or "Materials"), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. The use of any software that is made available for downloading from the Web Site ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Website shall be construed as conferring any license under any of the Company'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.
Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, license, exploit, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or 2 commercial purpose. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Website without the express prior written permission of the Company is strictly prohibited. Some of the Material may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the Website are owned by the Company or third parties and are protected by United States and international trademark laws. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party. We hereby expressly reserve all rights not expressly granted in and to the Website and Marks. If you would like information about obtaining the Company’s permission to use the Material or Marks on your web site, please email email@example.com.
You will not in any event use any robot, spider, scripts, service, software or any other automatic or manual device, tool, or process (a) for the purpose of compiling information regarding the identification, address or other attributes of any of our Users, bidders or sellers, or (b) to recreate in original or modified form any substantial portion of the Website or (c) to data mine or scrape any of the content on the Website, or (d) otherwise access or collect any of the Materials, data, or information from the Website using automated means. You further agree not to (a) use services, software or any manual or automatic device, tool, or process to circumvent any restriction, condition, or technological measure that controls access to the Website in any way, including overriding any security feature or bypassing or circumventing any access or use controls of the Website, or (b) cache or archive any Materials or (c) do anything that would impose an unreasonable or disproportionately large load on the Website, or (d) do anything that may disable, damage or change the appearance of the Website or interfere or attempt to interfere with the proper functioning of the Website or any transactions being conducted on or in connection with the Website.
If you violate any provision of the Agreement, your permission to use the Material and the Website automatically terminates and you must immediately destroy any copies you have made of the Material.
The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:
Notices of claims of copyright infringement should be directed to:
20 Rockefeller Plaza
New York, NY 10020
Attn: Global Copyright Manager, Legal
The Company may provide certain areas of the Website (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be nonconfidential.
By posting communications (including any graphic or multimedia content) to any Public Area, you automatically grant the Company 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 sublicensees. (Provisions conferring similar rights on the Company may apply under separate terms or agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable agreements or terms provided by the Company in order to ascertain your rights.)
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Website or using the Material: (1) post or transmit any material unless you are 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; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Website or the Material; or (9) post or transmit any information containing a virus or other harmful component.
If notified by a User of communications that allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the Website for violating this Agreement or the law. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE 4 THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself through any registration form that you may fill out on the Website or in any other form you may provide to us (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Company's Website. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify the Company of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
The auction or commerce portions of the Website are available only to clients of the Company that have agreed to additional terms and conditions provided by us. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
The Website may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. Any use of the Website and the Material is at your own risk. Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are 5 periodically made to the Website and may be made at any time. Some Material on the Website is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies or differences between the descriptions of property provided on the Website, on the one hand, and any addenda or description on the actual auction page related to such property, on the other, the latter will in all events be considered to be authoritative and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEBSITE OR ITS SERVER ARE FYOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.REE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
You acknowledge and agree that there are risks associated with receiving, purchasing, holding, and using NFTs. By receiving, purchasing, holding and using an NFT, you expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason; mistyped addresses or improperly constructed instructions when transmitting or receiving NFTs or any cryptocurrency; errors in the smart contract that mints NFTs; errors in the NFTs; errors in the Website; inability to access or transfer a NFT; inability to use, access, copy, or display the NFT digital media; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications f ailures; unfavorable regulatory determinations or actions (including with respect to NFTs or cryptocurrencies); taxation of NFTs or cryptocurrencies; unanticipated risks; volatility risks in the value of NFTs and cryptocurrencies; cybersecurity attacks; weaknesses in our security; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; and the use of phishing, sybil attacks, 51% attacks, bruteforcing, changes to the blockchain (i.e., "forks"), or other means of attack that affect, in any way, NFTs.
You acknowledge that, by using the Website, you have sufficient knowledge, sophistication, experience, and understanding of the functionality, usage, storage, transmission mechanisms and 6 other material characteristics of blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand this Agreement, to appreciate the risks and implications of purchasing a NFT, and to make your own evaluation of the merits and risks of any transaction conducted via the Website or any digital asset associated with such transaction.
We are not responsible if the artwork linked to in your NFT (“Content”) becomes inaccessible to you for any reason, or for any modifications or changes to your Content including any deletion, removal, or inaccessibility on the Website or otherwise. You acknowledge and agree that the Content can be copied and distributed and that we cannot guarantee that additional copies of the Content associated with your NFT will not be created by others. You also acknowledge and agree that we or any third party on our behalf could make additional copies of, and distribute, the Content and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such Content.
You also acknowledge and agree that:
(i) Malicious actors may hack or exploit systems and steal NFTs or other digital assets, or attempt to impersonate owners of NFTs, counterfeit NFTs, sell replicas of original NFTs, or misuse Content associated with NFTs;
(ii) The regulatory regime governing blockchain technologies, cryptocurrencies, tokens, and NFTs is uncertain and continually evolving, and new regulations or policies may negatively impact the potential utility or value of your NFTs, or your ability to transfer or sell your NFT;
(iii) The market for NFTs is new and volatile, and the price of a NFT as it relates to fiat currency may greatly decrease over a short period of time, impacting the liquidity and the price of a NFT. NFTs compete with other digital assets, and this competition may negatively impact the potential utility or value of your NFT. A lack of use or public interest in NFTs could also negatively impact the potential utility or value of your NFT. Each NFT has no inherent or intrinsic value. We cannot guarantee that any purchases of NFTs will retain their original value, as their value is inherently subjective and factors occurring outside of the Services may materially impact the value and desirability of any particular NFT;
(iv) We do not provide any application or other service to receive, access, view, or display your Content, and do not guarantee you will be able to do so. It is your responsibility to procure a digital wallet or other means to allow for you to access or view your Content, and to store the requisite private key(s) or other credentials necessary to access your digital wallet or other technologies. You acknowledge that the risk of acquiring a NFT; holding and using the NFT; and transferring your NFT to others rests entirely with you. If your private key(s) or other access credentials are lost, you may lose access to your NFT. We are not responsible for any such losses, including, but not limited to, losses arising from secondary marketplaces;
(v) Your purchase or ownership of a NFT complies with applicable laws and regulation in your jurisdiction;
(vi) The Website does not store, send, or receive NFTs. Your NFTs exist only by virtue of the ownership record maintained on the applicable blockchain. Any transfer of NFTs occurs through such blockchain, and not on the Website. Upgrades to the applicable blockchain, a hard fork in such blockchain, or a change in how transactions are confirmed on such blockchain may have unintended, adverse effects on your NFT;
(vii) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet;
(viii) You agree that NFTs are not and shall not be fractionalized, or capable of use as a coupon, investment, security or other financial instrument or knowingly marketed in any other manner that would cause transactions to be governed by any applicable securities laws, including but not limited to the Securities Act of 1933, and are not convertible virtual currencies;
(ix) Under no circumstances will the operation of all or any portion of the Website be deemed to create a relationship that includes the provision or tendering of investment advice; and
(x) The NFT issuermay go out of business, declare bankruptcy or cease operations, thereby decreasing the use or value of NFTs.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEBSITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without 8 limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material, your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
The following applies with respect to Material of a technical nature that you may obtain from the Website: The United States controls the export of such items. You agree to comply with such restrictions and not to export or re-export the Material to countries or persons prohibited under the export control laws. By downloading the Material, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of Material.
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. The Website is based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Website, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Website shall be the state courts for or within New York County in the State of New York, and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
This Agreement constitutesthe complete understanding and agreement of you and us with respect to the Website and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to the Website, subject to any additional terms and conditions you may be subject to as a seller, bidder or buyer on the Website. No right or term of this Agreement will be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing and signed by you and us. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. We will have the unrestricted 9 right to assign this Agreement and to assign, subcontract, license and sublicense any or all of its rights and obligations hereunder. This Agreement is personal to you and shall not be assigned or transferred by you. Any other attempt by you to assign, sub license, or transfer your rights and any licenses granted hereunder under this Agreement shall be null and void.
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