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Terms of Use

Last Update: February 2024

The following terms of use, together with any documents and additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our websites offered on or through https://www.authentic-art.co/ and https://iamart.app (the “AuthenticArt Website”); (b) any text, pictures, media, data, or other information, materials, or content (collectively, the “Content”) contained on or provided through the AuthenticArt Website; and (c) all other Content, products or services provided by us to you (collectively, the “AuthenticArt Services”).
 

These Terms of Use form an agreement between Authentic Art Inc. (“AuthenticArt”, “us”, “we”, “our”) and you. The term “you”, “your”, or “User” refers to the person or entity browsing, installing, or otherwise using the AuthenticArt Services (“use” or “using” in these Terms of Use will mean any of the foregoing).
 

BY USING THE AUTHENTICART SERVICES, OR BY CLICKING TO ACCEPT THESE TERMS OF USE, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE AUTHENTICART SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME BY SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE SERVICES.
 

IF YOU ARE USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU”, “YOUR”, AND “USER” APPLY TO SUCH PERSON OR ENTITY.

1. Changes to these Terms of Use and the AuthenticArt Services

a. Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any provision of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the AuthenticArt Website, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of these Terms of Use to the AuthenticArt Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the AuthenticArt Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the AuthenticArt Services. Otherwise, your continued use of the AuthenticArt Services after any changes to these Terms of Use indicates your acceptance of such changes.
 

b. We reserve the right to modify the AuthenticArt Services at any time, without notice. We may, at our discretion, suspend your use of the AuthenticArt Services: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns.


c. You may need to update third-party software from time to time in order to use the AuthenticArt Services.

2. Account, Password & Security

a. The full use and benefit of using the AuthenticArt Website will require you to open an account and complete the registration process by providing certain information and registering a password.
 

b. For the management of the collection, users may be asked to provide additional information, such as clarification of personal details (for example the different addresses where you may hold collection items), particularly to enable us to provide required information for insurance and financial management purposes.
c. Each person or organization may only register once and have one account. Your full use of the AuthenticArt Website may only become valid once we have approved your registration and we reserve the right to lawfully refuse registration, which is exercised using our sole discretion.
 

d. You are solely responsible for maintaining the confidentiality of the password and for all use and activities under your account. We do not assume liability or responsibility for your identification as a result of your use of our Service. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your credentials and/or password.
 

e. You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission
 

f. You also specifically confirm that you will:

  • Notify us immediately of any unauthorized use, including any unauthorized use of your registration/account with the AuthenticArt Website or any other known or suspected breach of security; and

  • Use your own reasonable efforts to immediately stop any such misuse.

3. Rights we grant you

a. AuthenticArt grants you a personal, non-exclusive, non-assignable and non-transferable license to access and use the AuthenticArt Services for your personal and non-commercial use only.
 

b. You may not use the AuthenticArt Services for any other purpose or in any way that breaches these Terms of Use or any other agreement applicable to the AuthenticArt Services.
 

c. Additionally, you will not:

  • Archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the AuthenticArt Services;

  • Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the AuthenticArt Services;

  • Use any robot, spider, scraper, or other automated means to access the AuthenticArt Services;

  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the AuthenticArt Services;

  • Insert any code or product or manipulate the content of the AuthenticArt Services in any way;

  • Use any data mining, data gathering, or extraction method;

  • Upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the AuthenticArt Services, including any software viruses or any other computer code, files or programs;

  • Use the AuthenticArt Services in any way that violates, plagiarises, misappropriates, or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy, or publicity;

  • Use the AuthenticArt Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order, or is otherwise illegal or unlawful in AuthenticArt’s reasonable opinion;

  • Use the AuthenticArt Services to impersonate or attempt to impersonate AuthenticArt, an AuthenticArt employee, another user or any other person or entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;

  • Use the AuthenticArt Services for harassing, unethical or disruptive purposes or use the AuthenticArt Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, or in a manner to incite hatred on grounds of race, gender, religion, sexual orientation, or in any other manner objectionable in AuthenticArt’s reasonable discretion;

  • Post sensitive information via the AuthenticArt Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses;

  • Create or submit unwanted emails, comments, or other forms of commercial or harassing communications (aka. “spam”) to other users of the AuthenticArt Services; and

  • Exploit the AuthenticArt Services for any commercial purpose, including without limitation, the sale of access to the AuthenticArt Services or the sale of advertising, sponsorships or promotions placed on or within the AuthenticArt Services.

4. Your Content

a. Some of our AuthenticArt Services may enable users to submit, post, publish, share or otherwise provide content (“User Generated Content”). Each user is solely responsible for all content that they provide on or through the AuthenticArt Services.
 

b. By submitting, posting, publishing or otherwise providing any User Generated Content on or through the AuthenticArt Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Generated Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving the AuthenticArt Services, and developing new AuthenticArt Services. You represent and warrant that: (i) you own or otherwise control all of the rights to your User Generated Content; and (ii) the use of your User Generated Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
 

c. We do not endorse or make any representations or warranties of any kind with respect to any User Generated Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with the AuthenticArt Services (whether online, offline, orally, in writing or otherwise) by any user and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Generated Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

5. Intermediary Services

a. As a User you may have access to products and services of third-party suppliers which are not part of AuthenticArt. Unless stated otherwise, these products and services will be provided to you under the third-party supplier’s terms and conditions. If applicable, we will share the terms of the third-party supplier and you must ensure you review them before agreeing to use the third-party’s product or service. AuthenticArt acts as an intermediary and is not responsible for any liability for your use of third-party supplier products or services.

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b. Appraisal Service:

i. AuthenticArt’ Appraisal Service offers collectors a seamless, fast, and easily accessible service to request an appraisal for your art and collectibles directly from the AuthenticArt Website, more specifically from the user’s account on iamArt. This service allows collectors to easily track and update the value of their collection, based on appraisal performed by a professional and recognized appraiser. 

 

ii. AuthenticArt acts as the intermediary between the collector requesting an appraisal and a global pool of recognized appraisers. When matching the mandate with potential appraisers, AuthenticArt always favors appraisers that follow the strictest regulations, are certified by a recognized appraisal body following the Uniform Standards of Professional Appraisal Practice (USPAP), and have the relevant expertise in the item the user seeks to appraise. Appraisals can be obtained for items of any medium (e.g. painting, sculpture, etc.). However, appraisals can only be performed for items of a limited edition or unique. 

 

iii. AuthenticArt cannot guarantee that it will be able to match the request for appraisal with an appraiser, or that it will get an appraiser to accept the mandate. 

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iv. Regardless of the outcome, the Appraisal Service has a minimum cost of $35 US Dollars , which will be charged to the User upon request. Failure to pay the minimum fee may result in the suspension or cancellation of the User’s account.

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v. Upon initiating a request for Appraisal Service, the User will have to pay the requested deposit before AuthenticArt starts its intermediary coordination work. 

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vi. AuthenticArt is not responsible for the outcome or quality of the appraisal report resulting from the Appraisal Request, as it is only an intermediary, and any information contained in the appraisal report is at the sole discretion of the selected appraiser.

6. Intellectual Property

a. You acknowledge that except for any User Generated Content, any and all other software (including source code), logos, icons, the website’s “look and feel”, text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by AuthenticArt and/or its licensors and are protected by the Canadian and international copyright, trade secret or other intellectual property laws and treaties.
 

b. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the AuthenticArt Services or the content on the AuthenticArt Services except as set forth in these Terms. Additionally, you may not use the AuthenticArt Services, any tools provided by the AuthenticArt Services, or any content on the AuthenticArt Services for any commercial purposes without our consent.
 

c. The AuthenticArt and iamArt names and logos and all related names, product and service names, designs and slogans are trademarks of AuthenticArt, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the AuthenticArt Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by AuthenticArt. You may not use, copy, or imitate any such branding, logos, designs, without the express prior permission of AuthenticArt.

7. Feedback

You agree that nothing in these Terms of Use will restrict our right to use, disclose, publish or otherwise exploit any suggestion or idea provided by you (such suggestions or ideas, “Feedback”), without compensation to you and without any obligation to you. You will not have any claim, including claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

8. Privacy Policy

Use of the AuthenticArt Services are also governed by our Privacy Policy (https://www.authentic-art.co/privacy), which are incorporated into these Terms of Use by this reference. 

9. Availability of Services

a. AuthenticArt has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on AuthenticArt Website and provides that information on an “as is”, “as available” basis. AuthenticArt does not give or make any warranty or representation of any kind about the information contained on the AuthenticArt Website, whether express or implied.
 

b. Use of the AuthenticArt Services, the AuthenticArt Website, and the materials available through the AuthenticArt Services is at your sole risk. AuthenticArt cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from AuthenticArt is free of viruses or other harmful components.
 

c. You accept that AuthenticArt will not be provided uninterrupted or error-free, that defects may not be corrected or that AuthenticArt, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses, or any similar malicious software.
 

d. AuthenticArt is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.

10. Third Parties

The AuthenticArt Services may provide or publish links or access to third-party content, websites, or services. Likewise, we may allow you to use the AuthenticArt Services from third-party systems. AuthenticArt does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. AuthenticArt does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under AuthenticArt’s control, and if you choose to access any such content, websites, or services, or to use the AuthenticArt Services from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services, or systems and agree to accept and comply with any such terms of use.

11. Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE AUTHENTICART SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE AUTHENTICART SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE SERVICES.

12. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH AUTHENTICART, THE “AUTHENTICART PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OR DAMAGE TO ARTWORK, COLLECTION ITEMS OR OTHER PROPERTY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THE INABILITY TO MAKE USE OF THE SERVICES, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE AUTHENTICART SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE AUTHENTICART WEBSITE AND/OR THE SERVICES.
 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
 

Without limiting the foregoing, under no circumstances will any of the AuthenticArt Parties be held liable for any delay or failure in performance in any way resulting from acts of nature, forces, or causes beyond our or their reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

13. Indemnity

You will defend, indemnify and hold harmless the AuthenticArt Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) your User Data and User Submissions; (b) use of the AuthenticArt Services by you or anyone on your behalf (except to the extent prohibited by law); (c) any taxes related to the purchase or sale of collection items that you failed to remit, any other amounts due or owing under any tax laws, or any dispute concerning the tax status of AuthenticArt; or (d) your breach of any provision of these Terms of Use. AuthenticArt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

14. Term and Termination; Survival

a. These Terms of Use will commence on the day you first use the AuthenticArt Services and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the AuthenticArt Services. You may terminate these Terms of Use at any time and with immediate effect by deleting your account, ceasing use of the AuthenticArt Services and canceling your AuthenticArt Website account and any local Content made available to you through the AuthenticArt Services. For greater certainty, if you continue to use the AuthenticArt Services after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use. Please note that if your account is canceled, AuthenticArt does not have an obligation to delete or return to you any of your User Content.
 

b. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration, will survive expiration or termination of these Terms of Use for any reason: 4 (Your Content), 5 (Intellectual Property), 6 (Feedback), 7 (Privacy Policy), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13(b) (Survival), 14 (Third-Party Intellectual Property), and 16 (General Provisions).

15. Third-Party Intellectual Property Rights and Copyright Claims

a. AuthenticArt respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, contact us at legal@authentic-art.co. If a copyright holder notifies AuthenticArt that any content infringes a copyright, AuthenticArt may in its sole discretion remove such content from the AuthenticArt Services or take other steps that AuthenticArt deems appropriate, without prior notification to the user or other party who supplied or posted that content. If such user or other party believes that the content is not infringing, he or she may in certain circumstances submit a counter-notification to AuthenticArt with a request to restore the removed content, which AuthenticArt will evaluate within the context of the request, with the final decision at AuthenticArt’s sole discretion.
 

b. We reserve the right to remove or disable access to any AuthenticArt content or any other materials posted to or otherwise displayed through the AuthenticArt Services, including any AuthenticArt content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any AuthenticArt content or materials.

16. DMCA

For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (as amended from time to time, the “DMCA”) if you believe in good faith that any content on the AuthenticArt Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on the AuthenticArt Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the AuthenticArt Services ; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at https://www.copyright.gov/dmca/. Notices and counter-notices should be sent to legal@authentic-art.co. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the AuthenticArt Services of repeat infringers.

17. General Provisions

a. Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law) and such laws apply to your use of the AuthenticArt Services, notwithstanding your domicile, residency or physical location. You will only use the AuthenticArt Services in jurisdictions where the AuthenticArt Services may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Montreal, Quebec, Canada in all disputes arising out of or relating to the use of the AuthenticArt Services. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
 

b. Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the AuthenticArt Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 

c. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
 

d. Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
 

e. Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
 

f. Dispute Resolution. If you believe that AuthenticArt has not adhered to these Terms of Use, please contact AuthenticArt using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. The AuthenticArt Parties have no duty to resolve and will not act as the agent of user or third-party providers in connection with resolving any disputes. However, we may, but are not obligated to, provide intermediary services between users and third-party providers in connection with customer service or dispute resolution matters.
 

g. English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

18. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at legal@authentic-art.co.

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