TERMS AND CONDITIONS

Effective Date: 30 June 2018

1. BACKGROUND

1.1 ArtNow.nz Limited is an online service provider and a limited liability company incorporated under the laws of New Zealand. Its company number is 6392698 and its address for service is the registered office recorded at the Companies Office at any given time. All normal communications should be by email to hello@ArtNow.nz; by phone 021 688 509; or via its website www.ArtNow.nz.

1.2 ArtNow.nz is the owner and operator of a website platform: https://ArtNow.nz (“ArtNow”, or the “Site”) that lists the profiles of invited client galleries across NZ and advertises the exhibitions and events that the client galleries are currently or imminently hosting. ArtNow will provide a single website for those interested in contemporary visual art to visit to ascertain what art exhibitions and events are happening at the current time throughout NZ.

1.3 Your use of the Site is governed by these Terms and Conditions (the “Terms”) and by accessing and browsing this Site, you agree to be bound to the Terms.

1.4 ArtNow reserves the right to amend these Terms, either in whole or in part, at any time and without notice. The date of the latest Amendment will be shown at the end of the Terms and Amendments will be effective immediately from the time of posting the amended Terms on the Site. It is the user’s responsibility to ensure that they are familiar with the latest Terms and continued use of the Site or the Services (as defined in 2.4 below) will indicate that the user has accepted the Terms as amended.

2. SUBSCRIBERS

2.1 A “Subscriber” is a person that subscribes through the ‘Join our Mailing List’ form contained on the Site.

2.2 You must be at least 18 years old to apply to be a Subscriber. Any subscription by a person aged under 18 is invalid.

2.3 ArtNow provides Subscribers with the following services:

• 2.3.1 provision of ArtNow’s regular e-newsletter,
• 2.3.2 occasional information about ArtNow products and services collectively, the “Services”.

2.4 When joining as a Subscriber, you must provide all the account information requested by ArtNow (collectively, the “Account Data”). By submitting Account Data, you warrant that you have provided complete, current and correct Account Data and will keep the Account Data complete, current and correct.

2.5 Each user or Subscriber acknowledges and agrees that:

• 2.5.1 it will not involve ArtNow in any disputes it has with third parties contacted via the Site or the Services;
• 2.5.2 ArtNow may send it, from time to time, emails relating to its registration and other activities conducted on the Site, and may contact it promoting and marketing ArtNow products and services.

2.6 ArtNow will close a Subscriber’s account on request in writing from the Subscriber or by the Subscriber applying to un-subscribe through the link at the bottom of any email from ArtNow.

2.7 Without limiting any other rights and remedies available to it, ArtNow reserves the absolute right to suspend or terminate the account of a Subscriber at any time or refuse to provide the Services to a Subscriber with or without first issuing notice, including, without limitation, if ArtNow believes that it is necessary to comply with the rights of a third party and/or where ArtNow has reason to believe that a Subscriber has violated any of its obligations contained in clause 4.2 below

3. INTELLECTUAL PROPERTY

3.1 “Intellectual Property Rights” means copyright, patents, design rights and related rights, database rights, trademarks and service marks, business names and domain names, and the right to sue for passing off or unfair competition, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection in any part of the world.

3.2 As a user of the Site or a Subscriber to the Site you acknowledge and agree that all Intellectual Property Rights in ArtNow, the ArtNow Site and any work or thing developed or created by ArtNow or appearing on this Site are exclusively owned by ArtNow (or its licensors or suppliers).

3.3 ArtNow will promptly investigate and remove from the ArtNow website materials which infringe the Intellectual Property Rights of third parties provided that ArtNow have been properly notified that the uploaded materials infringe a third party’s Intellectual Property Rights. Such notice must include :(i) a description of the material you believe to be infringing on the ArtNow website in a manner that will sufficiently allow us to locate such material; and (ii) a notarised affidavit that the said material is protected by Intellectual Property Rights applicable in this jurisdiction and that the use of the material is not authorised by the Intellectual Property Rights owner or its agents. ArtNow may reinstate removed content if it receives a counter-notification to restore removed content and the original complainant does not justifiably refute the counter notification. ArtNow is entitled to provide the take-down notice and the counter- notification to restore removed content to each of the submitters so that they can address mistakes or misidentification of material between themselves.

4. RESTRICTIONS ON THE USE OF THE CONTENT

4.1 As a user of ArtNow and subject to these Terms, you may access and view Content on the Site and within the Services for your own personal, non-commercial use.

4.2 As a user of ArtNow you may not:

• 4.2.1 reproduce, copy, distribute, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information or content (in whole or in part) found on the Site;
• 4.2.2 use or exploit any portion of the Site or the content on the Site (in whole or in part) for any commercial purpose;
• 4.2.3 prepare or develop derivative works based upon any portion of the Site or its content;
• 4.2.4 gather, store or use information about ArtNow, Clients of ArtNow, users of ArtNow, Subscribers of ArtNow or third parties featured on the Site for any purpose inconsistent with the Terms, including for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications or any unlawful, threatening, libellous, defamatory, pornographic, or offensive material, or any other material that might give rise to any civil or criminal liability
• 4.2.5 use the Site or its content in any manner that would infringe, dilute, misappropriate, or otherwise violate any personal rights or the Intellectual Property Rights of ArtNow, its licensors, suppliers or any other person;
• 4.2.6 remove or alter any notices or other markings, such as design right notices, patent notices, trade marks or service marks or copyright notices, affixed on any content or within the Site;
• 4.2.7 engage in any conduct that:
  • 4.2.7.1 restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the Site, regardless of intent, purpose or knowledge;
  • 4.2.7.2 uses manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
  • 4.2.7.3 uses the Site to transmit or distribute material that may be harmful to or interfere with the Site or any third party's networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment);

4.3 You acknowledge and agree that the Site will contain a wide range of art and related subject matter and may contain nudity or other images or written material containing nudity or material that is offensive and inappropriate for children and minors. If you allow a child or anyone other than you to use your computer, mobile or any other device when accessing the Site or the Services, it is solely your responsibility to prevent them from accessing any content that may be offensive or inappropriate to them.

5. LIMITATION OF LIABILITY

5.1 ArtNow gives no express or implied warranties or representations in relation to the accuracy or completeness of information provided by or created by third parties presented on the Site or communicated to a Subscriber as part of the Services. You acknowledge and agree that your access to the Site and use of the Services is at your own risk and that the Site and Services are provided to you on an “as is” and “as available” basis.

5.2 ArtNow has no liability whatsoever in respect of any advertisements or other promotions of third parties that appear on the Site or as part of the Services. Responsibility for the content of advertisements appearing on the Site rests solely with the third parties placing those advertisements. Advertisements appearing on the Site do not constitute ArtNow’s recommendation or endorsement of the advertised goods or service.

5.3 The Site contains links to other sites on the Internet that are owned and operated by third parties (the “Third Party Sites”). These links are provided solely for your convenience, and do not constitute an endorsement or warranty by ArtNow of the content or accuracy of such Third Party Sites or of the business practices of such other entities or individuals. You acknowledge and agree that ArtNow is not responsible for the content located on or through, any Third Party Site. If you visit any Third Party Sites you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

5.4 To the fullest extent permitted by law:

• 5.4.1 all conditions, warranties or other terms concerning the Site and/or the Services which might otherwise be implied into the Terms (whether by statute or otherwise) are hereby expressly excluded; and
• 5.4.2 ArtNow will not be liable in respect of claims in connection with the Site or the Services in contract, tort (including negligence) or otherwise for any direct, indirect or consequential loss or for any loss of revenue, profits, goodwill, business or anticipated business, anticipated savings or for any business interruption, loss of data or other indirect or consequential loss or damage whether or not that loss was, or ought to have been, contemplated.

5.5 If you are dissatisfied with any portion of the Site, the Services or the Terms, your sole and exclusive remedy is to discontinue using this Site and/or the Services.

6. PRIVACY POLICY

6.1 You can view ArtNow’s privacy policy here.

7. MISCELLANEOUS

7.1 Nothing in the Terms or through your use of the Site or ArtNow’s Services is to be construed as creating a partnership or joint venture, employment or franchise relationship between the user or Subscriber and ArtNow, nor to constitute any party the agent of the other.

7.2 If any part of the Terms is held by any court of law to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of the Terms, which will remain in full force and effect.

7.3 No waiver by Artnow will operate as a waiver of any right or remedy of Artnow in respect of any breach of the Terms.

7.4 If you are located in a jurisdiction other than New Zealand, you are responsible for ensuring that your use of the Site and Services complies with the laws of that jurisdiction.

7.5 The Terms are governed by and will be construed in accordance with the laws of New Zealand and you unconditionally and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in respect of all matters arising out of your use of the Site, the Services and/or the Terms