Print Effective Date: March 25, 2009
The following terms and conditions (the "Terms") govern the use of the Website of Ravenel Art Group (the "Company") at ravenelart.com (the "Website"). BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not accept or agree to be bound by any of these Terms, you may not access or use the website. The Company may change, modify or revise the Terms at any time by updating the text of this page, without notice to you. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Website, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Website, and you agree to be bound by such rules.
WARNING: The Website contains uncensored images and literature on a wide range of art, and may include nudity that some people may consider offensive. This content is not intended for minors.
Propriety Rights
The contents of the Website, such as text, graphics, images, photographs, illustrations, logos, button icons, audio, other visuals, video, copy, data, software, coding, scripts, computer programs and other material (the "Material"), are protected by copyright under the laws of Taiwan as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company.
Limited Use and Prohibited Use
Unauthorized use of the Material may violate copyright, trademark, and other laws. Any commercial use, distribution or publishing of material from the website is strictly prohibited unless you have the express written permission of the Company. The Company authorizes you to view and download a single copy of the Material solely for your personal, internal use. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.
Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- a description of the copyrighted work that you claim has been infringed
- a description of where the Material that you claim is infringing is located on the site
- your address, telephone number, and e-mail address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
The Company's Copyright Agent for Notice of claims of copyright infringement on its site is David Kearney who can be reached as follows:
David Kearney
Ravenel Art Group
15F-2, No. 76, Sec. 2, Dunhua S. Rd.,
Da-an District, Taipei 10683, Taiwan
+886 2 2708 9868
Email: david_kearney@ravenelart.com
Trademarks
The trademarks, logos and service marks (the "Marks") displayed on the Website are owned by the Company or third parties. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party.
If you violate any provision of these Terms, your permission to use the Material and the Website automatically terminate and you must immediately destroy any copies you have made of the Material.
Privacy Policy
The Company maintains a strict privacy policy concerning users of the Website. The Company does, however, gather certain information that you provide to the Website. The Company polices regarding user information is contained in our Privacy Policy to which you are directed to study.
Submitted Materials
By posting any communications or materials to the Website, you grant the Company irrevocable and perpetual non-exclusive use of all such material in any way whatsoever deemed by the Company without the need to pay royalties.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Web Site or using the Material:
- post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site
- post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity
- post sexually-explicit language or images
- post advertisements or solicitations of business
- post or transmit any chain letters or pyramid schemes
- impersonate another person or entity
- intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Materia
- post or transmit any information containing a virus or other harmful component.
The Company reserves the right to monitor and review all material posted by you on the Website, and may delete or destroy any material submitted to the Website at any time without the necessity of providing any reason by the Company
Prohibited Engagement
When using the Website you agree that you will not in any way engage in: any illegal behavior, impersonation, inserting any third party material or advertising, attempting to access any restricted databases or computer systems, harvesting information, disrupting, impairing or damaging the Website in any way.
Links to the Website
You agree that if you include a link from any other web site to this Website, such link will opened in a new browser window: and link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an "in-line" linking method to cause the image hosted by the Company to be displayed on another web site. The Company reserves the right to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you.
Third Party Web Site Links
You may be able to link from the Website to third party web sites and third party web sites may link to the Website ("Linked Sites"). Examples of Linked Sites include artnet.com, Ravenel Art International Realty, Ravenel Art Institute of Art, and Ravenel Art Diamonds. You acknowledge and agree that the Company has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of the company.
Links to Linked Sites do not constitute an endorsement or sponsorship by the Company of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will the Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Orders for Products and Services of the Website
The Company may make certain products available for purchase through the Website, including, for example, the Company’s auction catalogue. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Ravenel Art. You agree to pay all applicable taxes. If payment is not received by the Company from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by the Company. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Disclaimer of Warranties
THE COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE, ITS CONTENTS, MATERIALS OR FUNCTIONS. THE COMPANY DISCLAIMS ANY WARRANTY REGARDING ACCUARACY AND TIMELINESS OF ANY INFORMATION CONTAINED ON THE WEBSITE. THE COMPANY TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE, HOWEVER THE COMPANY WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. YOU USE THE WEBSITE AND THE MATERIAL AT YOUR OWN RISK. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
Limitation of Libility
IN NO EVENT SHALL RAVENEL ART, OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO RAVENEL ART FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE (NOT INCLUDING AUCTION ITEM PURCHASES).
Indemnity
You agree to defend, indemnify and hold harmless the Company, its directors, employees and agents from any and all claims, liabilities, costs, losses, indirect losses, and expenses, including reasonable attorneys' fees, without limitation, arising in any way from your use of the Website, materials or the services thereon, your breach of the Terms, and/or your violation of the law, including infringement of any intellectual property or other right of any person or entity.
Local Legal Standards
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of Taiwan. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of Taiwan, you are responsible for compliance with the laws of your jurisdiction. Persons who choose to access the Website do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Legal Jurisdiction
The Terms and the relationship between you and the Company will be governed by the laws of Taiwan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms will be commenced and be heard in the appropriate court in Taipei, Taiwan. You agree to submit to the personal and exclusive jurisdiction of the courts located in Taipei. The Company’s failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms by Ravenel Art must be made in writing and signed by an authorized representative of Ravenel Art specifically referencing these Terms and the provision to be waived. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Further Inquiries
You may direct questions about these Terms and Conditions, or other issues, to:
Ravenel Art Group
15F-2, No. 76, Sec. 2, Dunhua S. Rd.,
Da-an District, Taipei 10683, Taiwan