Subscription Service Terms

Last Updated on February 17, 2017

These Subscription Service Terms provide the terms of subscription and purchase of single catalogue subscriptions (“Single Catalogue Subscriptions”) and all catalogues subscriptions (“All Catalogues Subscriptions”, and together with the Single Catalogue Subscriptions, the “Subscriptions”) to digital catalogue raisonne products (“Digital Catalogues”) offered by Artifex Press, LLC’s (“Artifex”, “we” or “us”).

By using www.artifexpress.com (the “Website”) and/or Artifex’s products or services, you are also agreeing to our Terms and Conditions and our Privacy Policy.

1. GENERAL TERMS

1.1. Digital Catalogues

Artifex offers a web-based platform (“Platform”) that enables subscribers (“Subscribers”) to access paid digital catalogue raisonne products and services available from Artifex through the www.artifexpress.com website (“Digital Catalogues”), and accessible through Single Catalogue Subscriptions and All Catalogues Subscriptions.

You are not required to purchase anything for limited access to view certain Artifex content on the Website. However, in order to access Artifex’s Digital Catalogues, and/or additional content and services, you will have to purchase a Subscription to our Digital Catalogues.

Single Catalogue Subscriptions are subscriptions to a single Digital Catalogue that are offered to individual subscribers and where only one username and password will be issued for such account and only one individual may use such username and password. Each Subscriber will be solely responsible for keeping accurate records of his/her respective access code and assigned user name and protecting the security of the same.

All Catalogues Subscriptions are subscriptions to all of our Digital Catalogues that are offered to educational institutions, libraries, companies, and/or organizations for use solely by such institution’s, company’s and/or organization’s authorized employees, administrators, faculty, students, library users, directors or agents. An All Catalogues Subscription may also be available to interested individuals. Each Subscriber to an All Catalogues Subscription will provide Artifex with an IP range for its respective authorized users and Artifex will allow access to the Digital Catalogues to that IP range. Each Subscriber to an All Catalogues Subscription is responsible for ensuring that it only provides access to Artifex for users who are authorized employees, administrators, faculty, students, library users, directors or agents of Subscriber.

Artifex reserves the right to modify the content, type and availability of any Digital Catalogue at any time without notice to you.

For Single Catalogue Subscriptions, details about your purchases, including payment methods and billing cycles, visit the “My Account” area of www.artifexpress.com.

1.2. Processing and Payment

Artifex accepts all major credit cards for all Subscriptions. For All Catalogues Subscriptions, Artifex also accepts wire transfers. We reserve the right to reject any order or purchase at any time. Although Artifex will process your purchase as promptly as possible, there may be a delay in the activation of your product while payment details are verified. If your initial payment authorization is later revoked, your subscription, product or access will be terminated. Please contact us if you believe your access was terminated in error.

Unless specified otherwise in the Cancellation and Refund Policy section below, all charges are nonrefundable.

1.3. Pricing

When you purchase a Single Catalogue Subscription, the price for the initial 12-month term of your Subscription, as well as the prices for the auto-renewal terms, will be made clear during the order process. You agree to pay the prices that are stated at the time of your order, as well as any applicable taxes. You will be billed for the initial 12-month term at the time you initially purchase the Subscription, and you will be billed on an auto-renewal basis for each renewal term thereafter at the beginning of each such renewal term.

The prices for All Catalogues Subscriptions will be set forth in the Subscription Order Form that you and Artifex will execute.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

Artifex reserves the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. Any new pricing provided by Artifex will only take effect for the next subsequent renewal term after the expiration of your then-current term.

Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

Additional Costs

Your Subscription may not include access to all areas of the Digital Catalogue(s), and you may have to pay additional fees to fully access those products. These additional charges will be clearly stated.

When you access the Digital Catalogue(s), you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

If you believe someone else has used your account or you are being charged for a product you do not have, please contact us immediately at contact@artifexpress.com.

1.4. Billing

1.4.1. Billing of Single Catalogue Subscriptions

For Single Catalogue Subscriptions, we will charge or debit your payment method for the price of the full 12-month initial term at the beginning of your Subscription. Upon the expiration of the 12-month initial term, your Single Catalogue Subscription will be renewed automatically for successive additional 12-month terms and we will charge or debit your payment method for the price of the full 12-month annual renewal subscription at the beginning of each Subscription renewal term. When we renew your Subscription, we will use the payment method currently associated with your account. You can view your payment method and view information about your billing cycle at any time in the “My Profile” area of www.artifexpress.com

You will be notified in advance of impending renewals. Please see our Cancellation and Refund policy below for information about canceling.

1.4.2. Billing of All Catalogues Subscriptions

For All Catalogues Subscriptions, the stated term of the Subscription and the pricing terms will be reflected in the Subscription Order Form. We will bill you in full in advance for each 12-month period of the term, in the manner set forth in the Subscription Order Form. For further information on your account and billing information, please contact us at contact@artifexpress.com.

1.4.3. Billing of One-Time Purchases

If Artifex offers any one-time purchases of stand-alone products, when you make a one-time purchase of a standalone product, we will charge or debit your payment method at the time of purchase.

1.4.4. Currency

The currency in which you will be billed will be United States dollars, unless otherwise stated during the purchase process.

1.5. Unpaid Charges_

If your debit or credit card expires or your payment method is otherwise invalid, your Subscription or product will not automatically be terminated. However, you will remain responsible for all charges.

You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.

1.6. Promotions

We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription or purchase that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being charged, you must notify us before the promotion ends.

2. CANCELLATION AND REFUND POLICY

2.1. Cancellation and Refunds of Digital Subscriptions

Cancellations and Refunds for Single Catalogue Subscriptions

For Single Catalogue Subscriptions, you can notify us at jwhittaker@artifexpress.com at least fifteen (15) days prior to the date that your Subscription term auto-renews that you would not like your Subscription to renew for the next term and we will cancel your Subscription and not charge you for the renewal term. In addition, you may cancel your Single Catalogue Subscription at any time by contacting us at jwhittaker@artifexpress.com, but you will not be refunded any prepaid fees for your then-current term.

Cancellations and Refunds for All Catalogue Subscriptions

For All Catalogues Subscriptions, you understand that the pricing offered to you is based on your commitment to the entire term set forth in the Subscription Order Form, and as such you will not be able to change or cancel your digital Subscription prior to the end of the stated term set forth in your Subscription Order Form.

Changes to Content or Access

We reserve the right to make changes to our Digital Catalogues at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

Cancellations by Us

We reserve the right to suspend or terminate your Subscription or product for any reason, with or without notice. If we cancel your Subscription due to your breach of these Subscription Service Terms, our Terms and Conditions, Privacy Policy or any other terms relating to the use of our Site or our materials, or due to unpaid fees or charges, you will not be entitled to a refund in these circumstances. If we cancel your Subscription for any other reason, we will refund you a pro rata amount of the fees or charges you have prepaid for the Subscription.

2.2. Cancellation and Refunds of One-Time Purchases

One-time purchases cannot be canceled or refunded.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Changes to Content or Access

We reserve the right to make changes to our Digital Catalogues at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

If any or all of our Digital Catalogues are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

3. Certain Provisions.

3.1 Applicable Law. You agree that you will at all times comply with all applicable laws, rules and regulations (“Applicable Law”).

3.2 Subscriber Information. All information concerning Subscriber, and all information that could, individually or when combined with other information, identify an individual (“Personal Information”) concerning End Users (collectively, "Subscriber Information") shall belong to the Subscriber and shall be considered confidential information of Subscriber subject to the terms and conditions of this Agreement. Subscriber assumes sole responsibility for: (a) providing notice to the extent required under Applicable Law in connection with the collection, use and/or disclosure of Personal Information from End Users and (b) establishing and maintaining reasonable procedures to protect the confidentiality, security, and integrity of the Personal Information.

As a service provider to Subscriber, Artifex will establish and maintain commercially reasonable procedures in accordance with its policies and practices and Applicable Law to protect the confidentiality, security, and integrity of Personal Information and Subscriber Information received by Artifex, if any, in connection with provision of the Subscription to Subscriber. Subscriber acknowledges and agrees that Artifex has the right to use the Personal Information and Subscriber Information collected in connection with provision of the Subscription for (a) purposes of performing its obligations under this Agreement, (b) for any purposes permitted under its Privacy Policy, and/or (c) for research purposes in connection with quality control and the development of revised or new products or services.

4. Ownership. No intellectual property rights of any kind are assigned or transferred to Subscriber under these terms. Subscriber's license with respect to the Subscription and any other materials provided hereunder is only as expressly set forth in these Subscription Service Terms. Subscriber shall have no right to use the Artifex platform (“Platform”), Content, Subscriptions, Digital Catalogues or Website for any purpose other than as set permitted herein. Subscriber shall not challenge, or assist any person or entity in challenging, Artifex’s right, title, and interest in the Platform, Content, Subscriptions, Digital Catalogues and/or the Website, or any element thereof.

5. Certain Restrictions on Use. Subscriber shall not, and shall cause its employees, officers, directors, members, managers, partners, agents, students, faculty, administrators, third party service providers, or other designated persons or End Users (its "Representatives") not to, take any of the following actions: (a) creating or enabling the creation of derivative works, modifications, or adaptations of the Platform; (b) decompiling, reverse engineering or disassembling the Platform, (c) distributing or disclosing the Platform to third parties; (d) removing or modifying any proprietary marking or restrictive legends placed on the Platform; or (e) using any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Platform.

6. Termination or Suspension. Artifex may terminate or suspend Subscriber's right to use the Platform immediately upon any breach or suspected breach by Subscriber of these terms, as well as upon termination or expiration of the Subscription term, and Subscriber shall immediately cease any use of the Platform upon such termination or suspension. The following provisions shall survive any termination or expiration of this Agreement: "Ownership", "Restrictions on Use", "Termination or Suspension", “Confidentiality", "Representations and Warranties; Disclaimer", "Indemnification" and "Miscellaneous".

7. Confidentiality. You acknowledge and agree that, as a result of negotiating, entering into and performing this Agreement, you may have access to certain confidential information ("Confidential Information") of Artifex’s. At all times you will: (i) use the same standard of care to protect the Confidential Information as you use to protect your own confidential information of a similar nature, but not less than a commercially reasonable standard of care, (ii) not use Artifex’s Confidential Information other than as necessary to perform your obligations under this Agreement, (iii) not disclose, distribute, or disseminate the Confidential Information to any third party), and (iv) disclose Artifex’s Confidential Information to your employees on a "need to know basis;" provided that each such employee is bound by confidentiality obligations at least as restrictive as those contained in these terms.

8. Representations and Warranties; Disclaimer. You represent and warrant that you have the right to enter into the Subscriptions and that you will at all times comply with these Subscription Service Terms, the Terms and Conditions and any other relevant terms established by Artifex with respect to the Subscriptions. ARTIFEX DOES NOT WARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE PLATFORM, THE SUBSCRIPTIONS, THE DIGITAL CATALOGUES ANY OTHER MATERIALS OR PLATFORM PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL DEFECTS. ARTIFEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, ARTIFEX MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET THE REQUIREMENTS OF SUBSCRIBER OR END USERS, (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY ARTIFEX, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that Artifex may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

9. Indemnification. You shall indemnify, defend and hold harmless Artifex from and against any and all liabilities, claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, related to or arising out of use of the Platform by you.

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