See also: Authenticity, Privacy Policy
These terms and conditions of use shall govern your use of the site www.arnoldkleingallery.com, and all other URLs forming part thereof (hereinafter referred to as "the Sites"). The Site is owned and managed by Arnold Klein Gallery, a company (hereinafter referred to as "us or we" in the first person and "Arnold Klein Gallery" wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may be deemed to exist between us and you, the users of the Site.
Arnold Klein Gallery reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges, if any, associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions. Prices are subject to change without notice.
You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites.
The Sites may contain links to other web Sites ("Linked Sites"). The Linked Sites are not under the control of Arnold Klein Gallery and Arnold Klein Gallery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Arnold Klein Gallery is not responsible for web casting or any other form of transmission received from any Linked Site. Arnold Klein Gallery is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Arnold Klein Gallery of the site or any association with its operators.
As a condition of your use of the Sites, you warrant to Arnold Klein Gallery that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner, which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
Arnold Klein Gallery does not claim ownership of the materials you provide to Arnold Klein Gallery (including registration data, feedback and suggestions) or post, upload, input or submit to any of the Sites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Arnold Klein Gallery and its affiliated companies permission to use your Submission in connection with the operation of their 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. Arnold Klein Gallery agrees that it shall not use or sell user identifiable data contained in the Submissions. However, Arnold Klein Gallery has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that Arnold Klein Gallery deems fit.
Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Arnold Klein Gallery and/or its suppliers. Arnold Klein Gallery hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose. Without limiting the forgoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The information, software, products, and services included in or available through the sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Arnold Klein Gallery and/or its respective suppliers may make improvements and/or changes in the sites at any time. Advice received via the sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Arnold Klein Gallery and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the sites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Arnold Klein Gallery and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Arnold Klein Gallery and/or 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 sites, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the sites, or otherwise arising out of the use of the sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Arnold Klein Gallery or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the sites.
Arnold Klein Gallery reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice.
These Terms and Conditions of Use are governed by the laws of United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arnold Klein Gallery as a result of this agreement or use of the Sites. 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 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 Arnold Klein Gallery with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Arnold Klein Gallery with respect to the Sites. 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.
All contents of the Sites are copyright protected in favour of Arnold Klein Gallery and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of Arnold Klein Gallery or its associated companies. Any rights not expressly granted herein are reserved.
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all application fees.