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The following general terms and conditions shall apply for any and all use of the website www.art-report.com of the company Artlogistics GmbH & Co. KG as well as for all agreements that are concluded via this website with the company Artlogistics GmbH & Co. KG (hereinafter referred to as “artlogistics”). Special provisions for individual services and sections of the website or for individual agreements shall have priority over the general terms and conditions.

§ 1 Content and Use of the Website

(1) On its website, artlogistics offers rankings, evaluations, analyses, news and current information on all topics that relate to the international art market (hereinafter referred to as “Content”). Subject to these terms and conditions, the Content is available to the public for personal, non-commercial use.

(2) In order to use the website, in particular for downloading reports, users must complete a one-time registration in their own name and provide their address, age and email address. Multiple registrations are not permitted.

(3) Users must be 18 years of age in order to take advantage of offers requiring payment.

(4) artlogistics reserves the right to exclude users from free of charge as well as non-gratuitous use of its website without giving any reasons. artlogistics also reserves the right to change Contents at any time, to remove them from the website or to cancel the service.

§ 2 Conclusion of Agreement and Right of Withdrawal  

(1) By initiating the download of a report the user concludes an agreement with artlogistics.

(2) Each download of a report by the user constitutes an individual agreement.

(3) artlogistics is providing its service in the form of distance selling. Therefore the user shall have the following right of withdrawal:

- Beginning of prior information about right of withdrawal -

Right of Withdrawal

You may withdraw from your contractual statement in writing (e.g. letter, fax, e-mail) within two weeks without stating any reasons. At the earliest this deadline commences upon receipt of this information in writing. The withdrawal deadline shall be deemed as sufficiently met with the dispatch of the withdrawal notice. Please address the withdrawal to: Fa. Artlogistics GmbH & Co. KG, represented by the Managing Directors Manfred Schumacher and Karl Watzl, Klenzestraße 4, 80469 Munich, Germany,  Telephone: 089 - 23 88 84 79, Fax: 089 - 20 24 48 22, e-mail: mail@art-report.com

Consequences of Withdrawal

In the event of an effective withdrawal, performances received by both parties are to be accorded back to the respective parties and any benefits received (e.g. interest) are to be surrendered.

Special Instructions

Your right to withdrawal shall expire early if artlogistics started to provide a service with your explicit consent prior to the end of the withdrawal deadline or you initiated the provision of such service yourself (e.g. by downloading etc.).

‑ End of prior information about right of withdrawal ‑

§ 3 Rights to the Website and its Contents

(1) artlogistics and its licensors reserve all copyrights and any and all other intellectual property rights to the entire website Content, its layout and the software used therein. The user undertakes to observe all third-party copyrights and other intellectual property rights. In particular, the user shall only download or prepare reports and copies for his/her own personal, non-commercial use.

(2) Any distribution of the website Contents, regardless in which form, is prohibited. Exceptions shall be subject to the explicit written consent of artlogistics.

(3) Any changes to the website or its Contents, in particular the removal of copyright notices or brand names, are prohibited.

(4) artlogistics prohibits the installation of hyperlinks to the website www.art-report.com if it creates a direct connection to internet sites with content that is morally repugnant, glorifies violence or is racist and/or criminally relevant.

§ 4 Warranties

(1) artlogistics shall endeavour to provide the user with comprehensive information on the art market. However, artlogistics shall not guarantee the accuracy, completeness and actuality of the Contents posted. Even less so may artlogistics guarantee that the evaluation and calculation methods applied produce accurate results.

(2) artlogistics does not offer any purchase or sale recommendations for works of art. The user shall be solely responsible for any purchase of artwork. In particular, artlogistics assumes no responsibility for the actual latent value or appreciation of art works. artlogistics does not offer any investment advice or recommendation and does not act as a broker.

(3) Moreover, artlogistics does not warrant an uninterrupted or minimum accessibility of its website.

(4) To the extent that artlogistics sets links to external websites, their respective operators shall assume liability for these sites. artlogistics has no influence over the contents of external websites. artlogistics verified the external contents at the time the link was set. There were no discernable legal violations at this time. artlogistics does not view such external contents as own contents and shall also not monitor them on a regular basis.

(5) Advertisers shall be responsible for the contents of advertisements as well as the contents of advertised websites. artlogistics does not view such contents as own contents.

§ 5 Limitation of Liability

(1) artlogistics shall only be liable to the user for all damages arising out of or related to this agreement pursuant to the provisions stipulated in this paragraph, regardless of whether said losses are caused by contractual violations, tortuous acts or any other legal reason.

(2) artlogistics is liable in accordance with statutory laws in the event of intent as well as in case of an injury to life, body and health. In all other cases the below Subsections 3 and 4 shall apply.

(3) In case of gross negligence the liability of artlogistics towards the user is restricted to typical, foreseeable damages. This restriction does not apply, if and to the extent the damage was caused by a statutory representative of artlogistics or a managerial employee of artlogistics.

(4) In case of slight negligence artlogistics shall only be liable towards the user in case of an infringement of an essential contractual duty. In such case the liability is restricted to typical, foreseeable damages. Without prejudice to Subsection 2 above, the liability of artlogistics is excluded in all other cases of slight negligence.

§ 6 Data Protection

(1) artlogistics declares that it shall comply with all data protection regulations.

(2) artlogistics will store, process and use personal information of users to the extent that and so long as it is required to fulfil the purpose of the agreement, unless the user explicitly consented to a more comprehensive use thereof.

(3) The user may demand that artlogistics delete his/her personal information from the system at any time. artlogistics shall notify said user of the completed deletion.

(4) Information regarding access (date, time, page visited) can be stored following a visit to the artlogistics website. This information is made anonymous and shall be used solely for artlogistics' own statistical purposes. No information will be passed on to third parties.

(5) This website uses Google Analytics, a web analysis service of Google Inc. („Google“). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie on your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information in order to evaluate your use of the website, to compile reports on the website activities for the website operator and to provide additional services in connection with the website and Internet usage. Google will also transfer this information to third parties insofar as this is legally stipulated or to the extent that third parties process this information on Google’s behalf. Under no circumstances will Google associate your IP address to other information from Google. You can prevent the installation of cookies with a corresponding setting of your browser software; however, we must point out that in this case you may also not be able to have full access to all the functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

§ 7 Final Provisions

(1) This Agreement is subject to German law with the exception of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

(2) If the user is a business undertaking the courts of Munich shall have sole jurisdiction over all legal disputes arising out of or in connection with this Agreement. artlogistics, however, shall remain entitled to commence court proceedings at the seat or general place of jurisdiction of the user.

(3) Should one or more of these provisions of the general terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected therefrom.

4) artlogistics reserves the right to modify the general terms and conditions at any time, which will be effective for the future.

Status: April 2010