PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. The following ‘Terms & Conditions Agreement’ (“Agreement”) governs use of the rareitems.com website (the “Site”). Your use of the Site constitutes agreement to its terms and conditions as well.
Please read the rules contained in this Agreement carefully. All users of this Site agree that their access to and use of this Site is subject to the terms and conditions set forth in this Agreement and all applicable laws, and that any such access or use is undertaken at the user’s own risk. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SITE.
RareItems.com reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often. Your use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time. The Site is maintained for your convenient access to information about RareItems.com, its services, insights, inventory and information relating thereto. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.
All content, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, tradenames, service marks or otherwise protected property of RareItems.com, or licensed to RareItems.com by various third parties, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with and keep intact any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us. You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, rearrange, redistribute, alter, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or RareItems.com. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “third-party sites”). RareItems.com does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by RareItems.com or imply that RareItems.com sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.
RareItems.com specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by us or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site.
COPYRIGHT/INTELLECTUAL PROPERTY POLICY
- Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
-an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
-identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
-a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
-your address, telephone number, and email address;
-a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
-information, if possible, sufficient to permit RareItems.com to notify the owner/administrator of the allegedly infringing webpage or other content;
-a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You can email us with your notice, it can be sent to:
If you are seeking permission to use RareItems.com’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact us at email@example.com.
You need not register in order to use our Site; however, you may be asked to register or provide information in order to access certain Content on or features of the Site. If you elect to provide this information and/or register with the Site, you signify your agreement that all information provided is complete, accurate and up-to-date and, if applicable, that you will keep your username and password confidential and notify us immediately and in no event later than 24 hours of any unauthorized use of your account, or other breach of security. Once you have registered, you are responsible for maintaining the confidentiality and security of your information and updating it as necessary. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. You are solely responsible for any and all use of such information. Without limiting the foregoing, we reserve the right to terminate your access to the Site without prior notice, if your information contains any untruthful or inaccurate information.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. RAREITEMS.COM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES RAREITEMS.COM WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT, ANY INFORMATION ON THE SITE AND ALL E-MAILS SENT BY RAREITEMS.COM, ITS AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS ARE PROVIDED TO YOU “AS IS” and “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, RareItems.com’s liability is limited to the greatest extent permitted by law.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, RAREITEMS.COM CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER RAREITEMS.COM, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RAREITEMS.COM OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL RAREITEMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF RAREITEMS.COM, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. RAREITEMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.
You specifically acknowledge and agree that RareItems.com and its officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while RareItems.com intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
You agree to defend, indemnify, and hold harmless RareItems.com, its subsidiaries, affiliates, and its and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement.
RESTRICTIONS ON USE OF MATERIAL
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by RareItems.com, our clients and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RAREITEMS.COM, ITS AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE.
The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York.
For more information on Customer Service Policies e-mail us at firstname.lastname@example.org
TERMS OF SALE
Sales conducted by RareItems.com are e-commerce sales. The point of sale for all items online is New York, New York, U.S.A.
RareItems.com employs one of the antiquities trade's most vigorous and stringent procedures for establishing our objects' provenance—the chain of origin and ownership—to ensure that they come from reputable channels on the open market and are in accord with the applicable legislation, as well as with the governing body of international law. We use only the most up-to-date analyses to establish the authenticity of our works of art. Should you find that an item purchased from RareItems.com is not genuine, you can return it at any time with proof of test results, expert reports, etc. All items are guaranteed genuine to the best of our knowledge and belief.
New York law requires that certain items delivered in New York be charged sales tax on the total order, plus all postage and handling fees. Accordingly, you will be charged sales tax at the then current sales tax rate.
Orders may be paid by US$ check, credit card or wire transfer. US$ checks must be written on a US bank and may be sent to the US office. We accept all major credit cards through PayPal. Credit card payment may be arranged by online payment, phone, fax or mail.
Please provide a specific shipping address and advise us of any special shipping instructions. Unless other specific shipping instructions are indicated, pieces are sent by professional Fine Art shipping services or USPS Priority Mail with Signature Confirmation. Commercially reasonable effort is made to ship within 24 hours of receipt of payment. Please allow a reasonable time for delivery.
RareItems.com is committed to making its website accessible to all people, including individuals with disabilities. We are in the process of making sure our website, www.rareitems.com, complies with best practices and standards as defined by Section 508 of the U.S. Rehabilitation Act and Level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user-friendly for all people. If you would like additional assistance or have accessibility concerns, please contact us at email@example.com.
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All rights reserved.