ACCEPTANCE OF TERMS

These terms and conditions of use apply to and govern your use of the Julia Hargreaves web site (the “Site”). By using this service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use this site. The right to use Julia Hargreaves services is personal and not transferable to any other person or entity.

Unless explicitly stated otherwise, any new features or service offerings that augment the current Service (as defined below) shall be subject to these Terms of Service.

Julia Hargreaves reserves the right to change, modify, add or remove portions of these terms at any time, without notice to you. Usage of the site after changes are posted means you have accepted all such terms as posted.

As a Subscriber, unless otherwise agreed upon, the Subscriber account is limited solely to you and does not include usage by additional people or entities. You will be allowed almost unlimited access unless the activity level reaches our most active list, as determined in our sole discretion. In such case we reserve the further right in our sole discretion to issue replacement passwords at any time, and if appropriate, offer the service at a price to you to reflect this higher level of service usage. We also reserve the right to terminate your account with or without notice if we determine an abuse regarding the spirit of this agreement. We will notify you before we make any pricing change, in which case you may subscribe on those different pricing terms. If you do not accept such different pricing terms, you or Julia Hargreaves may elect to discontinue your subscription at any time.

Further, Julia Hargreaves reserves the right to cancel an account if in our sole determination there is unusual usage, not limited to automatic searches, storage or piracy of our data.

LICENSE TO USE THE SITE

Julia Hargreaves grants you a non-exclusive, non-transferable, limited right to access, use and display of the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

OWNERSHIP; RESTRICTIONS; TRADEMARKS

Julia Hargreaves owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including, without limitation the Julia Hargreaves Artist database, text, images, artist biographies, price valuation reports, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. Julia Hargreaves is the owner of the copyright in the entire Site. Julia Hargreaves owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. Julia Hargreaves does not grant permission to users of the site to reproduce images of original works of art.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Julia Hargreaves. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

Julia Hargreaves and Artist Bluebook are trademarks and service marks of Julia Hargreaves ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.

USE OF INFORMATION

As a user of the Site, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize Julia Hargreaves Site and its affiliates to use such information in connection with any online or offline offering or any electronic mail offering directed to you. Julia Hargreaves is committed to protecting your privacy. Any information that Julia Hargreaves Site collects about you will be used to enhance your utilization of the Site. By using our web site, you consent to the collection and use of this information by Julia Hargreaves Site and its affiliates.

By uploading material to any forum or by submitting any comments, recommendations or data (“information”) to us, you automatically grant (or represent and warrant to us that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights in the information have been waived.

NO WARRANTIES; LIMITATION OF LIABILITY

THIS SITE AND ITS CONTENT ARE BEING PROVIDED TO YOU ON AN “AS IS” BASIS AND JULIA HARGREAVES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENT. JULIA HARGREAVES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, JULIA HARGREAVES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, INCLUDING, BUT NOT LIMITED TO, SUCH INFORMATION CONTAINED IN ARTIST BIOGRAPHIES, AUCTION RECORDS, SAMPLES OF ARTISTS’ SIGNATURES, ARTWORKS FOR SALE, AND INFORMATION AND VALUE ESTIMATES CONTAINED IN ARTIST PRICE VALUATION REPORTS.

Except as specifically stated on this Site, neither Julia Hargreaves, nor any of its directors, shareholders, officers, employees, agents, third-party content providers, sponsors, licensors, or other representatives, shall be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability and under no circumstances shall Julia Hargreaves or any party involved in creating, producing or distributing the Site, be liable for any compensatory, direct, indirect, incidental, special, or consequential damages, that might result from the use of or inability to use the Site, including, but not limited to, reliance by a user on any information obtained from Julia Hargreaves or that result from loss of data, income or profit, loss of or damage to property, claims of third parties, mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Julia Hargreaves’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. If and to the extent any state does not permit the exclusion or limitation of liability for consequential or incidental damages, Julia Hargreaves’s liability, in such state, shall be limited to the fullest extent permitted by such applicable law.

UNDER NO CIRCUMSTANCES SHALL JULIA HARGREAVES OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR ANY LOSS OR DAMAGE CAUSED BY A USER BEING EXPOSED TO INFORMATION CONTAINED ON THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.

PRIVACY POLICY

Data about the activity of visitors to the Site (such as what pages are accessed) and information visitors volunteer (such as survey information or Site registration information) is automatically provided to Julia Hargreaves when you sign on to the Site. It is used by us for internal review in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifying data about visitors is known to Julia Hargreaves only when it is voluntarily submitted or posted to us. Julia Hargreaves may use personally identifying data provided by visitors to customize the visitor’s experience, to notify users about updates to and activities on the Site, to contact users for information verification purposes and/or to tell you about carefully screened products which we feel may be of interest to you.

In addition, we may use E-mail addresses and other personally identifying information to contact visitors who communicate with Julia Hargreaves. For example, we may direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as responding to an inquiry.

If at any point you wish to obtain a copy of previously submitted personally identifiable information, to correct such information or no longer wish to receive communications from Julia Hargreaves, please forward such request to us at [email protected], or check off an opt-out box provided for that purpose wherever you see one in the Site.

GENERAL PROVISIONS

The above stated rules represent the entire understanding between each user of the Site and Julia Hargreaves regarding each user’s relationship with Julia Hargreaves and supersedes, merges, and voids any prior agreements, terms of use, statements or representations with respect to use of the Site. The above stated rules and disclaimers are subject to change, by Julia Hargreaves in its sole and absolute discretion.  Refunds for non-use are limited to the latest 30-day billing period.

This site is created and controlled by Julia Hargreaves in the Province of British Columbia, Canada. The laws of the Canada and the Province of British Columbia will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws.