Frieze Viewing Room - User Terms
FRIEZE ONLINE VIEWING ROOMS - TERMS OF USE
ACCESS TO AND USE OF OUR SERVICE IS PROVIDED BY FRIEZE AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
1. Acceptance
The website viewingroom.frieze.com and the mobile application Frieze Viewing Room (the “Service”) operated by us, Frieze Publishing, Limited, with its registered address at 1 Surrey Street, London, WC2R 2ND, United Kingdom; Frieze Events, Limited, with its registered address at 1 Surrey Street, London, WC2R 2ND, United Kingdom; Frieze Public Programmes, Limited, with its registered address at 1 Surrey Street, London, WC2R 2ND, United Kingdom; Frieze Events, Inc., with its registered address at 247 Centre Street, 5th Floor, New York, NY 10013, United States; Frieze Art, Inc., with its registered address at 247 Centre Street, 5th Floor, New York, NY 10013, United States; and Frieze Publishing GmbH, with its registered address at Zehdenicker Str. 28, 10119, Berlin (collectively "Frieze", "we", "us", "our").
By using the Service, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”) and the Privacy Policy (the “Privacy Policy”) incorporated herein by reference.
Where permitted by local law, Frieze reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By using the Service, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. Frieze recommends that users review the most up-to-date version of the Terms of Use periodically.
We do not guarantee that the Service, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or using your device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
The materials provided on the Service are protected by applicable law, including, but not limited to, English copyright laws and international treaties.
2. The Service
All artworks which galleries upload to the Service are offered by them for viewing and/or for sale. Frieze is not involved in any communication, sales transaction or sales process between you and the gallery; all communications happen exclusively and only between you and the gallery. In the event of sale, the transaction is exclusively between you and the gallery. Frieze is not acting on behalf of you or the gallery.
By using the Service, you are requested to submit true and accurate information which may be shared with the galleries. Frieze does not verify the data submitted by you and will not be accountable for its accuracy.
The galleries are responsible for the upload of the artworks and content to the Service. You accept by viewing the Service that content may cover all kinds of subject matter that is generally uncensored and may include nudity or other visual or written content that some might consider offensive or inappropriate. Frieze does not obligate itself to review the content uploaded by the galleries.
You accept that Frieze does not verify if the galleries are duly authorised by the owner of the artwork to sell it and to sell it to the terms approved by the owner, and that therefore Frieze does not guarantee the galleries' ability to sell the artworks displayed or that the galleries will actually complete a transaction. Frieze takes no responsibility and assumes no liability for any content provided by the galleries and regarding the merchantability or accuracy and truth of description, size, medium, condition or provenance of the artworks. Neither Frieze nor any member of the Vetting Committee shall be liable to any person or entity, including any buyer, for any price difference, overcharge, cost, expense, loss or damage arising from, related to or resulting from any perceived or actual divergence, difference or distinction, whether intentional or accidental, between the image of the artwork contained in the Service and the physical artwork in question.
3. Personal Information
The personal information you submit to Frieze and that Frieze collects from you is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete.
If you provide information that is not accurate, current or complete, or if Frieze has reason to believe that information you provided is not accurate, current or complete, Frieze has the right to prohibit you from any and all future use of the Service.
4. Service features
Sales inquiries and live chat
The Service includes features that enable you to directly get in contact with the gallery regarding artworks shown in the gallery viewing rooms via an inquiry form and/or a live chat function. After such first inquiry or communication showing a sales interest by you through the Service any and all further communication is directly happening between you and the gallery outside the Service.
By making an inquiry to the gallery, you submit automatically via unencrypted email the following information to it: first name, last name, and registered e-mail and, optionally, a personalised message of your own. By communicating with a gallery via the live chat function you submit automatically the following information to it: your first name, last name, registered e-mail and invite level. You may disclose to the gallery at your sole discretion additional information (such as job title, previous Frieze invitations etc.). If you make a sales inquiry or communication via the live chat, the gallery shall have the option to respond, in its sole discretion. Frieze shall not be held liable for any delay or failure of the gallery’s response.
Liking and Guest book
The Service includes features that enable you to like artworks shown in a gallery’s viewing rooms and to sign a gallery’s guest book. By liking an artwork, you submit automatically the following information to the gallery which uploaded that artwork to the Service: your first name and last name. By signing a gallery’s guest book you submit automatically the following information to it: your first name, last name and registered email.
General
All artworks displayed by the galleries may include a price tag, price range tag, or no price at all; currency may vary. Prices are always indicated as net amounts only and you understand that taxes and additional fees may apply in the event of sale. Frieze does not guarantee that any artwork presented in the Service is available for sale or is tagged with an accurate price. If you have any concerns about the price, please contact the gallery.
The gallery will update the availability status of each artwork regularly. If an artwork has been sold, the gallery will mark the artwork as "sold" or will remove it from the Service. However, Frieze is not accountable if a gallery fails to do so.
You understand that galleries use the Service to sell artwork and therefore may upload to the Service their own general terms and conditions which shall apply in the event of a sale. You understand and agree that any general terms and conditions of the galleries do not constitute any representation, warranty, or assumption of liability of any kind by Frieze.
5. Use Restrictions
The Service and the content on the Service, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Frieze licensors, and other materials (the “Contents”) is protected by intellectual property rights under both English and foreign laws. Ownership of the Contents - in other words, ownership of all intellectual property rights in such Contents - remains with Frieze, the galleries, or our licensors and/or partners. All rights not expressly granted herein are reserved to Frieze, the galleries and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Except as otherwise stated herein, you may not, without Frieze’s and gallery’s written permission, “mirror” any Contents contained in the Service or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit or exploit for any commercial purpose, any portion of the Service or the Contents other than as expressly authorised by Frieze in writing. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the Service (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Service for anything else. These Terms of Use also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these Terms of Use.
You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Service or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2020, Frieze. All rights reserved”.
Any special rules for the use of other items provided on the Service may be included elsewhere within the Service and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.
You may not use the Service in any manner that could damage, disable, overburden or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorised access to the Service through hacking, password mining or any other means.
You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorised to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.
Frieze reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.
If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or Service ("Derivatives"), all right, title and interest (including existing and future intellectual property rights) in such Derivatives ("Derivative Rights") vest in Frieze immediately upon creation. You hereby assign to Frieze with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by Frieze or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
6. No Reliance on Information
The material and Contents on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.
Although Frieze make reasonable efforts to update the information on the Service, Frieze make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Service is accurate, complete or up-to-date.
7. Liability of Frieze and Its Licensors and Partners
The use of the Service and/or the Contents is at your own risk. The Contents of the Service could include technical inaccuracies or typographical errors.
Frieze may update the Service and/or may change the Contents at any time. However, please note that any of the Content on the Service may be out of date at any given time, and Frieze are under no obligation to update it. Frieze do not guarantee that the Service, or any of the Contents on it, will be free from errors or omissions.
Subject to applicable law, Frieze will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Service or use of or reliance on any Contents displayed on the Service.
Frieze will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any Contents on it, or on any website linked to it.
Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law Frieze have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Service.
To the extent permitted by applicable law, Frieze excludes all conditions, warranties, representation or other terms which may apply to the Service or any Contents on them, whether express or implied.
Nothing in these Terms of Use excludes or limits Frieze’s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
8. Indemnity
You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by Frieze as a result of: (a) your use of the Service and/or Contents other than as permitted under these Terms of Use; and/or (b) your breach of these Terms of Use.
You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.
9. General
Frieze makes no claims that the Contents and/or Service are appropriate or may be downloaded and/or used outside of the United Kingdom or the United States of America. Access to and use of the Service and/or Contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the Service and/or Contents from outside the United Kingdom or the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Frieze and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Viruses, Trade Marks, Applicable Laws, Waiver and Severability and Complete Agreement.
10. Applicable Laws
Subject to the provisions of applicable law, these Terms of Use are governed in accordance with English law. Disputes arising herefrom (and any non-contractual disputes or claims) shall be exclusively subject to the jurisdiction of the English courts. You and Frieze hereby expressly consent and submit to the exclusive jurisdiction of England and Wales for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. Waiver and Severability
If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Notice and Take Down Procedures
If you believe the Contents (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting Frieze (address identified below) and providing the following information:
o identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work;
o identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
o your name, address, telephone number, and (if available) email address.
o a statement that you have a good faith belief that the complained-of use of the work is not authorised by the intellectual property rights owner, its agent, or the law;
o a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorised representative of the intellectual property rights owner;
o a signature or the electronic equivalent from the intellectual property rights owner or authorised representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Service is as follows:
Frieze Publishing, Limited
1 Surrey Street, London, WC2R 2ND, United Kingdom
Email: copyrightagent@img.com
In an effort to protect the rights of intellectual property rights owners, Frieze maintains a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
13. Copyright and Trade Marks
Unauthorised use of any Frieze trademark, service mark or logo is prohibited, and may be a violation of English copyright laws and federal and state trademark law.
14. Viruses
We do not guarantee the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access and use the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. Frieze will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
15. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Frieze on the Service, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Frieze with respect to the use of the Service and Contents.
16. Contact Us
To contact us, please email info@frieze.com