Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Who we are and how to contact us

www.icra.art is a website operated by ICRA (International Catalogue Raisonné Association) ("We"). We are a not-for-profit unincorporated association and have our principal place of business at c/o Constantine Cannon LLP, 1 Paternoster Square, London, EC4M 7DX.

To contact us, please send an e-mail to Lucie.Skilton@icra.art.

By using our website you accept these terms

By using our website, you confirm that you accept these terms of use and that you agree to comply with them.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you do not agree to these terms, you must not use our website.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our website:

• Our Privacy Policy.

• Our Cookie Policy which sets out information about the cookies on our website.

We may make changes to these terms

We may amend these terms from time to time at our sole discretion. We shall not be required to notify you of any such changes. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our website

We may also update and change our website from time to time at our sole discretion.

We may suspend or withdraw our website

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for any reason, including but not limited to business and operational reasons.

You must keep your account details safe

If you choose or you are provided with log-in credentials such as a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user access or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by sending an e-mail to Lucie.Skilton@icra.art.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are fully reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this website

The content on our website is provided for general information only. It is not intended to constitute legal or other professional or specialist advice on which you should rely. You must obtain legal, professional or specialist advice specific to your individual circumstances before taking, or refraining from, any action based on the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date. In using our website, you acknowledge that you shall not have or be entitled to assert any demands, claims, rights, remedies, actions or any other form of recourse against us, our board members, members, employees, agents, appointees or contractors arising out of or in connection with our website or its content.

We are not responsible for websites we link to

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the content of those websites or resources.

User-generated content is not approved by us

This website may include information and materials prepared, provided or uploaded by other users of the website. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users, please send an e-mail to Lucie.Skilton@icra.art.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our board members, members, employees, agents, appointees or subcontractors.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any of its content.

• We 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 of, or inability to use, our website; or

• use of or reliance on any content displayed on our website.

• In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user:

• We only provide our website for private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our website

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, or you provide us with content to upload to our website, you must comply with our content standards as amended from time to time.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we, our Board members or our members suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our website if, in our sole discretion, your post does not comply with the content standards set out in our Acceptable Use Policy.

Rights you are giving us to use material you upload

When you upload or post content to our website, or you provide us with content to upload to our website, you grant us the following rights to use that content for our own commercial purposes:

• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our website and across different media and to use the content to promote our website; and

• a perpetual, worldwide, non-exclusive, royalty-free licence allowing third parties (for example, other users) to use the content in accordance with the functionality of our website and these Terms of Use.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.

You are solely responsible for configuring your information technology, computer programmes, platform and security to access our website. You must use your own virus protection software and ensure its effectiveness.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any such breach or attempted breach, your right to use our website will cease immediately.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or membership of ICRA on your part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our content standards as amended from time to time.

If you wish to link to or make any use of content on our website other than that set out above, please contact us by sending an e-mail to Lucie.Skilton@icra.art .

Which country's laws apply to any disputes?

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks if applicable

“International Catalogue Raisonné Association” and ICRA are trademarks of ICRA. You are not permitted to use them without our prior written approval, unless they are part of material you are using as permitted under How you may use material on our website.

11.06.2018