Terms and Conditions
Effective August 8th, 2020
Agreement between User and THE MAGAZINE OF CONTEMPORARY ART
THE MAGAZINE OF CONTEMPORARY ART is an online publication covering visual arts from around the world. It is designed to assume an international platform where artists can be connected directly with art professionals, art galleries, and private collectors, bringing their art to a worldwide viewership of over three billion internet users. By showcasing your artwork in a friendly environment that encourages and inspires artistic growth, we strive to help you find your artistic voice. Our mission is to create a safe and successful communal space for all kinds of artists to come together and express their creative sides. We believe in unlocking the creative side within everyone, and offer buyers a wide range of artworks comprising of diverse media, styles, and talents to choose from.
THE MAGAZINE OF CONTEMPORARY ART (http://www.themagazineofcontemporaryart.com) is an E-Commerce Website which functions as a venue where artworks are showcased with intention to sell by outside people and organizations. THE MAGAZINE OF CONTEMPORARY ART does not buy or sell art. Instead, We exist as a conduit to connect prospective buyers with sellers.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE MAGAZINE OF CONTEMPORARY ART MAKES NO REPRESENTATIONS, INCLUDING THAT THE WEBSITE, ANY CONTENT OR MATERIAL, SERVICE, FEATURE, OR ITS USE WILL BE FREE OF ERRORS, TYPOGRAPHICAL OR OTHERWISE, OR WILL BE UNINTERRUPTED, OR THAT DEFECTS ARISING OUT OF SUCH ERRORS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE DESIRED RESULTS, OR THAT DOWNLOADED MATERIALS WILL BE FREE FROM VIRUSES OR MALWARES THAT COULD POTENTIALLY INTERFERE WITH YOUR SYSTEMS. THE MAGAZINE OF CONTEMPORARY ART DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, RELATED TO, AND ARISING OUT OF, THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENTS, SERVICES, OR PRODUCTS INCLUDED THEREIN, THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND SUITABILITY TOWARDS ANY PARTICULAR GOAL OR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE MAGAZINE OF CONTEMPORARY ART DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMMISSIONS, AND CONDUCTS OF THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR BROWSING AND USE OF THE WEBSITE. THE MAGAZINE OF CONTEMPORARY ART, AND ITS PRODUCTS AND SERVICES, ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAGAZINE OF CONTEMPORARY ART AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, 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, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MAGAZINE OF CONTEMPORARY ART OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE MAGAZINE OF CONTEMPORARY ART AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME, INCLUDING PERIODIC CHANGES, ADDITIONS, AND ALTERATIONS, TO THE INFORMATION HEREIN. THROUGH YOUR USE OF THIS WEBSITE AND SERVICES, YOU EXPRESSLY AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ITS SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST THE MAGAZINE OF CONTEMPORARY ART IN CASE OF DISCONTENT WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF THE WEBSITE’S USE, MATERIALS, AND SERVICES IS TO DISCONTINUE USE OF THE WEBSITE OR ITS DERIVATIVES.
RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, content, style, design, layout, images, audios, videos, graphics, user interfaces, photographs, illustrations, digital downloads, data compilations, artworks, logos, buttons, icons, and all underlying software and computer codes, as well as the compilation thereof, are the property of THE MAGAZINE OF CONTEMPORARY ART or its suppliers, parents, affiliates, subsidiaries, or third party licensors, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You may not copy, reproduce, publish, upload, encode, modify, translate, perform, display, modify, exploit, transmit (including mirroring), reverse engineer, participate or distribute any section or subsection of this Website, or create any works that are derived from this Website in any way, shape, or form, without the express prior written consent of THE MAGAZINE OF CONTEMPORARY ART. Similarly, all content and intellectual property represented on this Website, such as name, title, logo, favicon, trademark, service mark, tradename, trade dress, page header, script, patent, article, blog, design, domain, and copyright (“Material” or “Materials”), owned or licensed by THE MAGAZINE OF CONTEMPORARY ART, its parents, affiliates, subsidiaries, may not be used on other computers, servers, or websites, for publication, distribution, performance, display, sale, rental, lease, donation, or storage in any other systems, including mobile technology, tablets, laptops, and desktops, without express prior written consent of their rightful owner. THE MAGAZINE OF CONTEMPORARY ART’s content is not for resale. Your use of the Website does not entitle or grant you any licenses, express or implied, to its intellectual property or its licensors, except as expressly authorized by these Terms. You may not undertake any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of such content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. Your use of the Website does not grant You any special right to any content and intellectual property on the Website, and their unauthorized use may result in civil or criminal penalties.
By submitting your artworks and related information, You grant THE MAGAZINE OF CONTEMPORARY ART royalty-free, copyright-free, unrestricted, irrevocable, non-exclusive, transferable, assignable, international license to use, copy, reproduce, modify, adapt, publish, translate, recreate, distribute, perform, display, derivatize such material, as a whole or in part, and to incorporate into other works in any form, media, or technology now known or developed in the future. THE MAGAZINE OF CONTEMPORARY ART is not responsible for materials You submit to Us, and may delete, destroy, or erase any such materials submitted by You.
Proprietary rights of certain artworks and products, material or otherwise, may be held by individuals or entities other than THE MAGAZINE OF CONTEMPORARY ART, including reproduction of artworks licensed to it, or to its members by third parties, such as an art collector or estate holding rights to such artworks. You may not post or provide false, misleading, or derogatory information, or use this Website if You are under the age of 18, or where prohibited by law, or if prohibited from using it by Us. You agree to not encourage, promote, or assist third parties to engage in acts that violate the policies stated above, including distributing spam, junk, spyware, malware, virus, robot (bot), spider, automatic device, program, algorithm, methodology, or any other technology or software that will impede the normal operation of this Website. You may not solicit or collect personal data relating to this Website and its users, including email addresses, social media, or other contact details. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You acknowledge that you have read, understand, and will comply with all policies stated in this agreement.
If You use THE MAGAZINE OF CONTEMPORARY ART Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that THE MAGAZINE OF CONTEMPORARY ART is not responsible for third party access to Your account that results from theft or misappropriation of Your account. THE MAGAZINE OF CONTEMPORARY ART and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.
THE MAGAZINE OF CONTEMPORARY ART’s Website offers a venue for advertising artworks of and from artists, galleries, dealers, and private collectors. We are not involved in initiating, executing, or finalizing any sales that result from such advertisements, and Our service is limited to allowing visitors and interested buyers to browse or offer for sale artworks created by individuals other than Us. In the process, the Website simply acts as an intermediary, facilitating direct communication lines between art sellers and art buyers. We reserve the absolute right to deny or decline to advertise or offer for sale artworks from any artists at any time in order to meet Website standards. In Our sole discretion, We also reserve the right to modify or update Our services without advance notice to Our Website visitors.
The quality, nature, authenticity, safety, truth, accuracy, title, description, price, material existence, or any other condition of the sellers and their artworks are not controlled by THE MAGAZINE OF CONTEMPORARY ART. We are not responsible to monitor, supervise, or guarantee any activity relating to the buying and selling of artworks, or to any transactions arising from the artworks being offered on our Website. We do not represent the artists, or their artworks offered for sale. The submitters of any such artworks warrant and represent that they 1) are the artists and authors of the artworks, or 2) have express written permission to submit and display the works from the owners of the copyright. You agree and acknowledge that THE MAGAZINE OF CONTEMPORARY ART will be held liable by You or others for copyright violation arising out of any such misrepresentation.
By using our Website, You acknowledge and agree that any use, purchase, distribution, promotion, advertising, or sale of artworks adhere to all regulations and laws that govern them. You further acknowledge and agree that We provide only a medium of communications between art sellers and art buyers, and any resulting transactions remain outside the scope and control of our Website. We do not review, evaluate, price, assess, or verify any of the conditions or price advertised by the seller on Our Website. Likewise, You acknowledge and agree that You do not hold Us responsible for any type of offers, negotiations, and transactions. All local laws, acts, statutes, ordinances, rules, and regulations pertaining to the sale of such artworks remain in effect. You acknowledge and agree that You will comply with all such applicable laws, and at all times defend, indemnify, and hold THE MAGAZINE OF CONTEMPORARY ART and others related to Us, including but not limited to our stakeholders, members, partners, directors, employees, agents, officers, advisors, subsidiaries, affiliates, and successors harmless from, and against, any and all causes of actions, lawsuits, claims, demands, judgments, orders, liabilities, losses, damages, awards, penalties, fines, costs, and expenses. These may include, but are not limited to, reasonable legal or attorney’s fees directly or indirectly associated with Your use of Our Website for the viewing, offering, negotiating, purchasing, selling, and distributing of any product, and any contravention or alleged contravention of any law by You. We do not guarantee that artworks advertised on Our Website are appropriate to be displayed in all countries, regions, or territories. Accessing the Website is solely by the discretion and initiative of the visitor, and We do not assume responsibility for non-compliance with any applicable local or regional laws.
In no event will THE MAGAZINE OF CONTEMPORARY ART be liable to You for any damages arising directly or indirectly from the use of the Website, whether consequential, exemplary, incidental, punitive, or lost profits, even when THE MAGAZINE OF CONTEMPORARY ART has been advised beforehand of possibilities of such direct or indirect damages. In the event of disputes arising directly or indirectly from Your use of Our services and Website, You hereby release THE MAGAZINE OF CONTEMPORARY ART, including our stakeholders, members, partners, directors, employees, agents, advisors, officers, subsidiaries, affiliates, successors from any and all causes of actions, lawsuits, claims, demands, judgments, orders, liabilities, losses, damages, awards, penalties, fines, costs, and expenses, whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, or in any manner related to, such disputes. If, notwithstanding the provisions outlined in this agreement, THE MAGAZINE OF CONTEMPORARY ART is found to be liable for any damage or loss arising out of, or connected with, your use of the Website, Our liability, under no circumstances, will exceed USD 50.
On Our Website, artists, art galleries, dealers, and private collectors may list, interact, and inquire about, artworks that may be altered, changed, replaced, modified, recreated or removed at any time. The listings of artworks on Our Website is made by direct submissions from registered and unregistered members of THE MAGAZINE OF CONTEMPORARY ART. We cannot guarantee or control the conditions specified in those submissions, or that buyers and sellers will comply with all applicable laws. If You are a seller or prospective seller on our Website, You are solely responsible for maintaining the security, privacy, and confidentiality of Your login information, including passwords, account information, website and browsing history, network, software, and database.
Use of Images
By submitting Your images to THE MAGAZINE OF CONTEMPORARY ART, You agree and acknowledge that You expressly permit Us to use them on Our Website and its advertising, promotion, and sales, including those on social media platforms, or those that have been purchased and sold in the past on Our Website.
Cancellation / Refund Policy
THE MAGAZINE OF CONTEMPORARY ART advertises artworks which We normally make available within a short period of time after submission. We work on behalf of artists and contributors by displaying artworks as purchased advertisements and subscriptions. As such, We cannot refund you the fees paid towards any art submission, and You acknowledge and agree that all submissions and payments made are final. If there is a technical issue arising from Our running of the Website, the seller of the artworks may be entitled to a refund within 24 hours from the time of submission. Please contact Us at email@example.com for all refund inquiries.
Links to Third Party Websites / Third Party Services
THE MAGAZINE OF CONTEMPORARY ART may contain links and hyperlinks to other Websites ("Linked Websites"). The Linked Websites are not under Our control, and We are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. THE MAGAZINE OF CONTEMPORARY ART is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Our Website or any association with its operators. Under no circumstance will We be held liable or responsible for any loss or damage from the content, material, resource, or service, directly or indirectly associated with these links, including those that might list or link THE MAGAZINE OF CONTEMPORARY ART within their URL’s but are controlled and operated by independent artists and their representatives. We urge You to carefully read and understand these sites’ legal notice and terms and conditions of use. By using these links, You agree and acknowledge that You are solely responsible for any risk involved therein. While using any of Our product, service, or functionality originating from the http://www.themagazineofcontemporaryart.com domain, You hereby acknowledge and consent that THE MAGAZINE OF CONTEMPORARY ART may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
THE MAGAZINE OF CONTEMPORARY ART strives to ensure that Our Website and the services We offer function flawlessly and without interruption or hindrance in a safe and secure manner. We, at our sole and absolute discretion, reserve the right to limit, suspend, terminate, prohibit, or block specific user accounts access to Our Website, and may arrange, modify, or remove hosted content, listings, advertisements, and images, from users We believe may have exhibited unlawful conduct, abuse, misuse, or interference with the functioning of Our Website. We further reserve the right to pursue any and all forms of legal remedies and actions if or when We suspect such activities have taken place. Unconfirmed accounts, accounts with minimal activity, or accounts with which We have not been able to establish communication after reasonable attempts at doing so, may also be canceled or terminated at Our sole discretion.
THE MAGAZINE OF CONTEMPORARY ART reserves the right, in its sole discretion, to terminate Your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of, or relating to, the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and THE MAGAZINE OF CONTEMPORARY ART as a result of this agreement or Your use of the Website. The performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THE MAGAZINE OF CONTEMPORARY ART's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website or information provided to, or gathered by, Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the spirit and intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and THE MAGAZINE OF CONTEMPORARY ART with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Us with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Visiting http://www.themagazineofcontemporaryart.com or sending emails to THE MAGAZINE OF CONTEMPORARY ART constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
You agree and acknowledge not to post or transmit any materials that may be deemed as unlawful, libelous, threatening, obscene, scandalous, defamatory, inflammatory, pornographic, profane, harassing, or encourage conduct by You or others that may be considered criminal, or lead to civil liability, or potentially violate the law. THE MAGAZINE OF CONTEMPORARY ART will fully cooperate, including but not limited to, disclosing any communication You may have had with Our Website or with others, to identify You or to help to identify You to any law enforcement officials, per any applicable local and international law, or as a result of a court order or governmental request.
Communications You transmit to the Website by any electronic or other means, including questions, comments, remarks, testimonials, suggestions, recommendations, and the likes, may be treated by Us as public, non-confidential, and non-proprietary. THE MAGAZINE OF CONTEMPORARY ART will be free to use any ideas, concepts, procedures, and methodologies, know-hows, or techniques You communicate in any manner necessary for development, marketing, and publication purposes. You agree and acknowledge by the use of Our Website that such communications may not remain confidential and may be used by Us without compensation to You or any other related and involved parties.
No compensation will be paid with respect to the use of Your Submission, as provided herein. THE MAGAZINE OF CONTEMPORARY ART is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input Your Submissions.
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; 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 particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
THE MAGAZINE OF CONTEMPORARY ART has no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
THE MAGAZINE OF CONTEMPORARY ART reserves the right at all times to disclose any information as necessary 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, at our sole discretion.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. THE MAGAZINE OF CONTEMPORARY ART does not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaim any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not Our authorized spokespersons, and their views do not necessarily reflect those of Our Website.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload such materials.
THE MAGAZINE OF CONTEMPORARY ART does not claim ownership of the materials You provide on http://www.themagazineofcontemporaryart.com (including feedback and suggestions) or post, upload, input or submit to any THE MAGAZINE OF CONTEMPORARY ART Website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting THE MAGAZINE OF CONTEMPORARY ART, Our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Your name in connection with Your Submission.
You agree to indemnify, defend and hold harmless THE MAGAZINE OF CONTEMPORARY ART, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Website or services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. THE MAGAZINE OF CONTEMPORARY ART reserves the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and THE MAGAZINE OF CONTEMPORARY ART agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The Service is controlled, operated, and administered by THE MAGAZINE OF CONTEMPORARY ART from our offices within the USA. If You access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the THE MAGAZINE OF CONTEMPORARY ART Content accessed through http://www.themagazineofcontemporaryart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED
This Website will be governed and construed, and Your use of the Website will be deemed acceptance of and consent to, the laws of the State of California, and to the extent applicable, to the laws of the United States of America, without regard to principles of conflict of laws. This Website may be viewed internationally even though availability of all products and services may not be available in all countries, regions, and territories. THE MAGAZINE OF CONTEMPORARY ART is under no obligation to make any product or service available in those locations, and any implied or expressed offer made on this Website is automatically void where prohibited. You agree and acknowledge that any information You provide may be transferred to and retained by THE MAGAZINE OF CONTEMPORARY ART in the United States, which may be outside of Your own country, region, or territory. THE MAGAZINE OF CONTEMPORARY ART will make all reasonable efforts to safeguard confidentiality of personal information collected but will not be liable for deliberate or accidental disclosure of such personal information due to technological errors or unauthorized acts of third-party actors.
Changes to Terms
THE MAGAZINE OF CONTEMPORARY ART reserves the right, in its sole discretion, to change the Terms under which the Website s offered. The most current version of the Terms will supersede all previous versions. THE MAGAZINE OF CONTEMPORARY ART encourages You to periodically review the Terms to stay informed of our updates.
THE MAGAZINE OF CONTEMPORARY ART welcomes your questions or comments regarding the Terms:
Los Angeles, California, USA
Email Address: firstname.lastname@example.org