Terms of Use

Last Update: 15/11/2018

Please read the following terms and conditions carefully before using this Website. (hereinafter, the “Terms of Use”  or the “Terms”).

What’s in these Terms of Use?

These Terms tell you the rules for using our website <www.artemisialtd.com> (the “Website” or the “Site”) and provide you with pertinent information on the areas listed below:

1. Who we are and how to contact us;
2. By using our Site, you accept these terms;
3. There are other terms that may apply to you;
4. We may make changes to these terms
5. We may make changes to the Site;
6. We may suspend or withdraw your access to the Site;
7. Transmissions and communications over the Site;
8. How you may use material found on our Site;
9. Do not rely on information on our Site;
10. We are not responsible for websites we link to;
11. No warranty;
12. When we are responsible for loss or damage suffered by you;
13. We are not responsible for viruses and you must not introduce them;
14. Rules about linking to our Site;
15. Which country’s laws apply to any disputes;
16. Existence of conflicts or inconsistencies
17. Our rights to the intellectual property in the Site.

1. Who we are and how to contact us

<www.artemisialtd.com> (the “Website” or the “Site”) is a site operated by Artemisia Fine Arts & Antiques Limited (“Artemisia”; “we”, “us” or “our”), which connects and links to an online marketplace for exhibiting (showcasing), offering to sell and selling, and purchasing artworks and antiques and other related services (the “Artemisia Marketplace”).

We are registered in Malta under company number C71943 and have our registered office at ‘Ridge View’, Triq is-Sagra Familja, Bidnija, Mosta MST 5012, Malta. Our main trading address is ‘Ridge View’, Triq is-Sagra Familja, Bidnija, Mosta MST 5012, Malta and our VAT number is MT2336-6423.

We are a limited liability company and a specialist vendor of fine arts and antiques.

To contact us, please email at <[email protected]>.

2. By using the Site, you accept these Terms

By using the Site, you confirm that you accept these Terms and that you agree to comply and be legally bound by them, which shall take effect immediately upon your first use of the Site.

We recommend that you take the time to familiarise yourself with the contents of these Terms, and that you print a copy for future reference.

If you do not agree to these Terms, you must not use or access the Website.

3. There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of the Site and the Artemisia Marketplace:

• (i) Our Privacy Policy <insert link> which sets out and describes our practices as to what personal information we collect and process about you, and how we use it.
• (ii) Our IP Address and Cookie Policy <insert link> which set outs and describes our practices as to how we collect and use information generated from your ‘cookies’ and Internet Protocol (IP) Address.

In addition, our Terms of Service <insert link> set out the particular terms and conditions on which we provide the Artemisia Marketplace, and the services available through it, to you.

4. We may make changes to these Terms

We may amend these Terms from time to time by posting notice of the changes online. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time and that you are aware of any changes which have been made by us.

Your continued use of the Site, once notice of the relevant changes has been posted, signifies your acceptance of the amended Terms in full and your agreement to be legally bound by them.

These Terms were most recently updated on [15/11/18].

5. We may make changes to the Site

We may update and change the Site from time to time to reflect our users’ needs and our business priorities, or to adjust to any business developments (or a combination of the above).

We will try to give you reasonable notice of any major changes.

6. We may suspend or withdraw your access to the Site

We do not guarantee that the Site, or that any content found on it, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Site through your internet connection or mobile device are aware of these Terms and other applicable terms and conditions, and that they comply with them.

7. Transmissions and communications over the Site

Please be aware that internet transmissions and data transmissions are never completely private or secure and that any message or information which you send over the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Though we strive to ensure that such transmissions are private and secure, this cannot be guaranteed and we shall not be liable in any manner whatsoever for any third-party access or interception of your transmissions and communications.

8. How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in the Site as well as the materials and/or content found or published on it (including all logos).

The Site, together with such materials and content, are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site, and store these in any medium for your own personal, non-commercial use. Moreover, you may also draw the attention of others (including those within your organisation or firm) to the Site, and the content or materials found or published on it. You must not in any way modify these digital copies or extracts that we allow you to download. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The above constitutes the full extent of your ‘rights’. You may not copy (except as expressly stated otherwise), broadcast, transmit, show, display, perform or communicate to the public any of the materials or content found or published on the Site, or prepare and/or create derivative works of any such materials or content, without our prior explicit written permission. If we do grant such permission, you must comply with and fulfil any and all conditions that we may issue.

Our status (and that of any identified contributors) as the authors of the materials and content found or published on the Site must always be acknowledged.

You must not use any of the materials or content found or published on the Site (or any part thereof) for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site (including any part of the material or content found on it) in breach of these Terms, your right to use the will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on the Site

Although we make reasonable efforts to update the information found on the Site, we make no representations, warranties or guarantees, whether express or implied, that such information (or any part thereof) is accurate, complete or up-to-date.

10. We are not responsible for websites we link to

Where the Site contains links to other sites 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 the information which you may obtain from them.

We have no control over the contents of those sites or resources.

11. No Warranty

You acknowledge and accept that the Site has not been designed or developed to meet your particular, individual needs.

Thus, to the maximum permitted under applicable law, you accept that the Site is being made available to you “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. We hereby disclaim all warranties and conditions with respect to the Site, whether express, implied or statutory, including, but not limited to, warranties relating to their performance, non-infringement, quality and merchantability or their fitness for a particular purpose or their non-infringement of third party rights.

You also acknowledge that we do not warrant:

• against interference with your enjoyment of the Site;
• that the functions contained in, or services provided, through the Site will meet your requirements or expectations, or achieve the intended results;
• that the operation of the Site will be uninterrupted or error-free or free of viruses;
• that the Site will be compatible or work with any third-party software, applications or third-party services; or
• that faults in the Site will be corrected.

You also acknowledge and unconditionally accept the risk that the use of the Site may affect the usability of third party software or applications, and that the entire risk as to its quality and performance lies solely with you.

You use the Site solely at your own risk!

Some jurisdictions do not however allow exclusions of warranties that are prescribed at law, so the above exclusions may not apply to you.

No oral or written information or advice that may be furnished by us, or any of our authorised representatives, shall, under any circumstance, be construed as a departure, deviation, waiver or exclusion of the above disclaimers.

12. Our responsibility for loss or damage suffered by you due to the Site

This is subject to and governed by the relevant provisions of our Terms of Service (<insert link>) (namely, Clause 19), which shall have the same effect as if fully set forth herein.

Please read those provisions carefully!

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

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Site.

You should use your own virus protection software.

You must not misuse the Site 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 the Site, the server on which it is stored or hosted or any server, computer, device or database connected to the Site. You must not attack the Site (or any other site or mobile app connected to them) via a denial-of-service attack or a distributed denial-of service attack.

Furthermore, you may not:

• use any robot, spider, scraper, or other automated means to access the Site for any purpose; and
• harvest or otherwise collect user information which is found on the Site.

We will report any of the above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

In the event of such a breach, your right to access and use the Site will cease immediately!

14. Rules about linking to the Site

You may link to the home page of the Site or otherwise reference it, provided you do so in a way that is fair and legal and does not damage our reputation or take (or attempt to take) advantage of it, whether without due cause or otherwise. You must not, however, establish a link to, or reference, the Site in such a way as to suggest any form of approval or endorsement by Artemisia, or an affiliation or association with Artemisia or even sponsorship by Artemisia, where none actually exists. You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of the materials content on the Site, other than that set out above, please contact us at <[email protected]>.

15. Governing Law and Disputes

This is subject to and governed by the relevant provisions of our Terms of Service (<insert link>) (namely, Clause 22), which shall have the same effect as if fully set forth herein.

Please read those provisions carefully!

16. Existence of conflicts or inconsistencies

There may be some overlap between the provisions of these Terms of Use and those set out in our Terms of Service (<insert link>). In the event of any conflict or inconsistency between the two, the provisions set out in our Terms of Service shall have priority and prevail.

17. Our Intellectual Property

You are not permitted to use our intellectual property rights without our express prior approval, unless they form part of material that you are using as permitted under ‘How you may use material or content on our Site’ (Clause 8).