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The Curator's Eye Terms and Conditions of Use

Acknowledgement & Acceptance of Terms of Service

The content and services offered by The Curator’s Eye, LLC ("Curator") at curatorseye.com and affiliated sites (the "Site"), and any communications service, including the capability to contribute links and other information (each such submission, a "Contribution"), or other interactive service that may be available to You on or through this Site, are provided to You under the terms and conditions of Curator's Terms of Service ("TOS" or the "Agreement"), and any operating rules or policies that may be published by Curator at the URL: curatorseye.com and affiliated sites. The TOS and all such operating rules or policies comprise the entire agreement between You and Curator and supersede all prior agreements between You and Curator regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR BY ATTEMPTING TO USE OR BY USING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.

Curator may change this TOS from time to time and at any time, and without individual notice to You. All such changes to the TOS will appear on curatorseye.com. By using this Site after we post any changes, You agree to those changes. If at any time You choose not to accept these Terms and Conditions, please do not use this Site. Notice of any changes or amendments to the TOS will be posted by Curator on the TOS page. It is Your responsibility to check the TOS on a regular basis and stay up-to-date on any changes or amendments.

The Curator’s Eye Is a Venue

Curator is a venue which allows users who comply with Curator's polices to identify, sell, and buy goods listed on the Site (the “Services”). Curator is not involved directly in the transaction between seller and buyer and Curator does not transfer legal title of ownership of items from seller to buyer. As a result, Curator has no control over, or liability for, the quality, safety, or legality of any aspect of the items listed, the accuracy or truth of the listings, the ability of vendors to sell items or the ability of customers to pay for items. Curator is not responsible for addressing or assisting in any complaints concerning/between Users or Vendors. Curator encourages direct communication between potential transaction partners via the contact information provided on the Site for each Vendor/Item.

By using any of Curator's Services or the Site, You consent that Curator is a venue and, as such, is not responsible or liable for any items, content, information, images, profiles, websites, and/or links posted by vendors or outside parties on Curator. Curator has not and will not verify or guarantee any vendor posting items on the Site and has no liability for the actions of any Vendor. You use the Curator Services at Your own risk.

Eligibility

Curator Services are intended for private collectors of arts and antiquities, art or antiques dealers or resellers or appraisers, as well as those educators, curators, or other professionals associated with museums or cultural institutions. This Site is designed for those who are accustomed to buying arts and antiquities on the basis of photographs, images, and their own private research into the Item being purchased. By accessing the Site, you affirm that you meet these eligibility requirements.

You must be eighteen (18) years old or older to register as a member of the Site or to use any of its Services. Use of the Services is void where prohibited. By using this Site, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

The Site is not intended for use by children under eighteen (18) years of age, and Curator does not knowingly collect personal information from children under eighteen (18) years of age. You agree to abide by such restrictions, and not circumvent, attempt to circumvent, or to help anyone circumvent (or attempt to circumvent) these restrictions.

Registration

Registration is required to use certain aspects and functionality of the site or to use other functions that require the Service to recognize a user. If you decide to register or sign up for certain services, you will need to give us certain Personally Identifiable Information, such as, but not limited to, a valid e-mail address and zip-code. You will also have the option to provide other Personally Identifiable Information such as your address and phone number. This information will be used to personalize and improve your experience with our Service. This information will not be disclosed to any third-party, other than vendors when required, without your explicit consent. You agree that all information provided by you to Curator is true, accurate, valid, current and complete. For more information on our use of Personally Identifiable Information, please see our Privacy Policy.

Privacy Policy

Information about Users is subject to our Privacy Policy. For more information, see our full Privacy Policy.

Modification to Service(s)

Curator reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Curator shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Curator reserves the right to cancel this agreement and our Service on an individual basis. Curator further reserves the right, in its sole discretion, to refuse Service or access to the Site to any User, or to delete accounts created by vendors or Users, for any reason whatsoever.

Interruption of Service(s)

Curator makes reasonable efforts to keep the Site in running order, but technical difficulties, routine maintenance and other events outside of our control may occur. Your use of the Service provided is at your own risk and the Service is provided “as is” and offered on an “as available” basis. Curator makes no guarantees for the operation of the Site. Curator is not responsible for any malfunctions, problems, issues, delays, downtime or bandwidth problems of any sort or kind that may or may not be encountered due to using our Service. You acknowledge that Curator may establish limits concerning use of the site and that Curator has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on/through the Site. You acknowledge and agree that we shall not be liable to You or any third party for any consequences of any modifications, termination or interruption of the Site or the services available through it.

User Conduct

Each Site and the Services provided to You are solely for entertainment and organizational purposes. You acknowledge and agree:

To provide true, accurate, current and complete information about yourself as prompted by any registration form and correspondence between users and vendors. If any information provided by You is untrue, inaccurate, not current or incomplete, Curator reserves the right to terminate Your right to use the Site and refuse any and all current or future use of the Services.

Not to use the Site or Services to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group for any reason, including, but not limited to the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Site, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of curatorseye.com is also prohibited. Inappropriate use may result in your being removed from the Site without notice and may result in termination of your privileges for participation in the Site. Appropriate legal action may also be taken for any unauthorized use of the Site or the Services.

Not to interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to ‘meta-search’ the Site or download data from the Site for competitive or commercial purposes. Curator reserves the right to block automated programs that do not comply with these restrictions.

Intellectual Property

The Site and all aspects thereof, including all copyrights, trademarks, photographs, content and other intellectual property rights on this Site are owned by Curator or its licensors. You acknowledge that the site and any underlying technology used in connection with the Site contain Curator’s intellectual property and proprietary information. You may not reverse engineer, translate, distribute, modify, amend or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Site except as necessary to view the content on the site for personal, non-commercial use. You may only use the content and the services in accordance with this Agreement. We do not claim ownership over your content, however, by posting content on the Site, You grant a license to us to use your content so that we are not violating any right You might have in that content. This license is a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to your content, which includes the right to store or re-format Your content in any way. This does not include personal information, which is only used in accordance with our Privacy Policy.

DMCA Infringement Claims

At Curator, we value your rights. If You believe your intellectual property or personal property rights have been violated by anything on the Site, including its content, photographs, or the items listed, please email the following information to CuratorsEye@gmail.com:

1. An electronic or physical signature by the copyright (or other intellectual property or property) owner or a person authorized to act on their behalf;

2. A description of the copyrighted (or other intellectual property) work that is claimed to be infringed (or is infringing), including any applicable registration numbers or a description of the property that is allegedly violating the property rights of an individual or organization;

3. A description detailed enough to properly identify the material on the Site (exact page links preferred);

4. Your address, telephone number, email address and any additional information that would facilitate us in contacting You;

5. A statement by You stating that You have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, property owner, its agent, or the law;

6. A statement by You, under penalty of perjury, that the information provided to use is accurate and that You are the copyright (or other intellectual property) owner, property owner, or are authorized to act on behalf of such owner.

Because Curator allows content from third parties and possibly from third party websites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if You believe your copyright or other property right has been infringed by a vendor or other User, that You contact that User, vendor, third party or third party site directly and request that the allegedly infringing material be taken down.

Linked / Third Party Sites

You may be able to link to third parties' Sites ("Linked Sites") from the Curator Site. Linked Sites are not, however, reviewed, controlled, or examined by Curator in any way and Curator is not responsible for, or liable for, the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Curator's endorsement of or association with the Linked Sites. It is Your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Curator be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Curator reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.

Dealings With Vendors

Your correspondence or business dealings with vendors/dealers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such vendor/dealer. You agree that Curator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such vendors/dealers on the Site.

Curator does not/cannot verify, endorse or vouch for the information, articles, or content that is available through the Site. Curators is not responsible for the accuracy, reliability, effectiveness, or correct use of content information or source information provided by vendors or third parties.

Curator is not responsible for the descriptions or information provided by Vendors concerning each Item. Curator recommends that You have an expert review all Items on your behalf prior to purchase, particularly if You are in doubt about any Item description or information. Curator is not required to or responsible for providing you with an expert. You must contract those services separately and at Your own risk.

Curator does not independently perform any searches on this or any other register, or otherwise verify the title and ownership of any Item listed on the Site. Curator recommends that You check each item against the Art Loss Register prior to purchase. The Art Loss Register maintains a computerized database of objects reported as stolen or lost. The Art Loss Register is provided by an unaffiliated third party, over which Curator has no relationship or control and Curator makes no representations concerning the reliability of information provided through the Art Loss Register.

Any applicable taxes related to any Item purchase(s) is the sole responsibility of You and the Vendor. Curator does not collect, remit, or provide guidance as to the amount or type of taxes that may be due. Failure of a Vendor to collect taxes does not relieve Your obligation to pay the associated Taxes. You are responsible for remitting and reporting any purchases through this Site to the appropriate taxing authority.

Similarly any permits, applicable sanctions, or other import/export regulations or prohibitions shall be the sole responsibility of You and the Vendor.

Limitation of Liability

IN NO EVENT WILL CURATOR, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CURATOR OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, MISINFORMATION OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE; OR (iii) FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES AS A RESULT OF ANY TRANSACTION OR DEALINGS BETWEEN ANY VENDOR/DEALER AND ANY USER. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE CURATOR FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS CURATOR, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES RESULTING FROM USE OF THE SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CURATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

No Warranty

CURATOR, CURATOR'S SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS PROVIDE CURATOR'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES, THE SITE, OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE. CURATOR, CURATOR'S OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CURATOR SHALL CREATE ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IN SUCH STATES OR JURISDICTIONS, CURATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disputes / Applicable Laws / Jurisdiction / Indemnification

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Suffolk County in the Commonwealth of Massachusetts.

You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which You reside.

Notwithstanding local rules or laws regarding your use of the Site, You agree that the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, shall govern these TOS. You expressly agree that exclusive jurisdiction for any claim or dispute with Curator or relating in any way to your use of the Site shall be in the federal or state courts located in Suffolk County, Massachusetts, and You further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Curator or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.

We operate the Site from our offices in Boston, Massachusetts. We do not represent that materials on the site are appropriate or available for use outside of Boston, Massachusetts. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Upon a request by Curator, You agree to defend, indemnify and hold Curator, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contributions, content, or other materials by You or Users authorized by You or any violation of these Terms and Conditions by You (including, but not limited to, any claim that Your Contribution infringes the rights of any third party). Curator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Curator in asserting any available defense.

Miscellaneous

Any inquiries concerning the terms and conditions in these TOS should be directed to us by emailing CuratorsEye@gmail.com. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in this Agreement shall be deemed to create any rights for any third party beneficiary. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Curator may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying You or receiving your consent. If You have any questions about this policy or our site in general, please contact us at CuratorsEye@gmail.com.

privacy policy

This Privacy Policy may be updated from time to time for any reason. It is the responsibility of all Users and of the Site to revisit this page to check for changes. Please read this Privacy Policy carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to this Privacy Policy, then you may not access the Site or use any services.

By using Curator’s Services You are consenting to processing of Your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States (U.S.). If You reside outside the U.S. Your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting the Site and providing information to us, You consent to such transfer to, and processing in, the U.S.

If You have any questions or comments about this Privacy Policy or our use of Your personally identifiable information, please contact us at CuratorsEye@gmail.com.

1. Registration is required in order to use the Site or gain access to the entire Site, if You decide to register, You must complete the Curator registration process. If You choose to register, You must submit a valid e-mail address and select a password during the registration process. You will need to give Curator certain Personally Identifiable Information, such as your name, a valid e-mail address and zip code, mailing or billing address, and phone number. This Personally Identifiable Information will be used by Curator to personalize and improve Your experience with the Service. This information will not be disclosed to any third-party, other than vendors when necessary, except as provided in our Privacy Policy. You agree that all information provided by you to Curator is true, accurate, valid, current and complete.

2. You can review and change Your Personally Identifiable Information or password at any time by going to the "Your Account" page after logging in.

3. Professional and publicly available information of Users of the Service may be utilized by Curator for general promotional uses (e.g. a directory of patrons using the Service).

4. This Site uses Google Analytics, a web analytics service provided by Google, Inc. (”Google”). Google Analytics uses “cookies”, which are text files placed on Your computer, to help the Site analyze how Users use the site. The information generated by the cookie about Your use of the Site (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating Your use of the Site, compiling reports on web site activity for web site operators and providing other services relating to web site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate Your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if You do this you may not be able to use the full functionality of this Site. By using this Site, You consent to the processing of data about you by Google in the manner and for the purposes set out above.

5. In addition, Curator may use Your contact information to market to You, and provide You with information about, Curator’s products and services, including but not limited to services on the Site. If You decide at any time that You no longer wish to receive such information or communications from Curator, please follow the unsubscribe instructions provided in any of the communications.

6. Curator engages certain trusted third parties to perform functions and provide services to Curator, including, without limitation, hosting and maintenance, customer relations, database storage and management, and direct marketing campaigns. We will share Your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of Your data.

7. Curator may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of Your information differs materially from that set forth in this Privacy Policy.

8. Security. Curator believes in the privacy of its Site Users. Curator safeguards the confidentiality of Your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of Your unencrypted electronically stored personal data to You via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

9. Curator and messages posted through Curator may contain links or references to other Sites. Curator is not responsible for the privacy policies of any third party site or for how they treat information about their users. These third party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those Sites through use of Curator. We encourage you to read the privacy policies or statements and terms of service for each of the other Sites you visit.

10. Our Policy Towards Children The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided Curator with personally identifiable information without their consent, he or she should contact Curator at Curatorseye@gmail.com. Curator will take actions to promptly remove such data. Curator does not knowingly collect personally identifiable information from children under 18. If Curator becomes aware that a child under 18 has provided personal identifiable Information on the Site, Curator will delete such information.

11. Personal information about our Users is shared with the Vendors participating on the Site. The personal information that is shared with Vendors includes all of your individual account information and your activity on the Site. This personal information is not shared with any other outside or third-party. Certain information is used in the aggregate to provide analytics to Curator. This information is not tied to You personally but may contain demographic information about our Users in part or as a whole. This aggregate and non-personally identifiable information may be used by Curator and shared with or sold to third-parties.">Terms of Service

Thank you for your interest in The Curator’s Eye, LLC. These Terms of Service set forth the conditions and terms under which users may access and use our Service. To take advantage of our Service, you must read and accept all of the conditions and terms set forth herein and in The Curator’s Eye Privacy Policy. Any inconsistency between these Terms of Service and the Privacy Policy is unintentional and the Terms of Service shall control. If you do not agree to be bound by the conditions and terms herein, you may not use or access The Curator’s Eye’s Service offered by this Site.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE AS THEY WILL GOVERN ALL OF YOUR ("YOU", "USER", "YOUR" OR "USERS," COLLECTIVELY) RIGHTS AND OBLIGATIONS WITH REGARD TO CURATORSEYE.COM AND THE SERVICES OFFERED ON THE SITE.

Acknowledgement & Acceptance of Terms of Service

The content and services offered by The Curator’s Eye, LLC ("Curator") at curatorseye.com and affiliated sites (the "Site"), and any communications service, including the capability to contribute links and other information (each such submission, a "Contribution"), or other interactive service that may be available to You on or through this Site, are provided to You under the terms and conditions of Curator's Terms of Service ("TOS" or the "Agreement"), and any operating rules or policies that may be published by Curator at the URL: curatorseye.com and affiliated sites. The TOS and all such operating rules or policies comprise the entire agreement between You and Curator and supersede all prior agreements between You and Curator regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR BY ATTEMPTING TO USE OR BY USING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.

Curator may change this TOS from time to time and at any time, and without individual notice to You. All such changes to the TOS will appear on curatorseye.com. By using this Site after we post any changes, You agree to those changes. If at any time You choose not to accept these Terms and Conditions, please do not use this Site. Notice of any changes or amendments to the TOS will be posted by Curator on the TOS page. It is Your responsibility to check the TOS on a regular basis and stay up-to-date on any changes or amendments.

The Curator’s Eye Is a Venue

Curator is a venue which allows users who comply with Curator's polices to identify, sell, and buy goods listed on the Site (the “Services”). Curator is not involved directly in the transaction between seller and buyer and Curator does not transfer legal title of ownership of items from seller to buyer. As a result, Curator has no control over, or liability for, the quality, safety, or legality of any aspect of the items listed, the accuracy or truth of the listings, the ability of vendors to sell items or the ability of customers to pay for items. Curator is not responsible for addressing or assisting in any complaints concerning/between Users or Vendors. Curator encourages direct communication between potential transaction partners via the contact information provided on the Site for each Vendor/Item.

By using any of Curator's Services or the Site, You consent that Curator is a venue and, as such, is not responsible or liable for any items, content, information, images, profiles, websites, and/or links posted by vendors or outside parties on Curator. Curator has not and will not verify or guarantee any vendor posting items on the Site and has no liability for the actions of any Vendor. You use the Curator Services at Your own risk.

Eligibility

Curator Services are intended for private collectors of arts and antiquities, art or antiques dealers or resellers or appraisers, as well as those educators, curators, or other professionals associated with museums or cultural institutions. This Site is designed for those who are accustomed to buying arts and antiquities on the basis of photographs, images, and their own private research into the Item being purchased. By accessing the Site, you affirm that you meet these eligibility requirements.

You must be eighteen (18) years old or older to register as a member of the Site or to use any of its Services. Use of the Services is void where prohibited. By using this Site, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

The Site is not intended for use by children under eighteen (18) years of age, and Curator does not knowingly collect personal information from children under eighteen (18) years of age. You agree to abide by such restrictions, and not circumvent, attempt to circumvent, or to help anyone circumvent (or attempt to circumvent) these restrictions.

Registration

Registration is required to use certain aspects and functionality of the site or to use other functions that require the Service to recognize a user. If you decide to register or sign up for certain services, you will need to give us certain Personally Identifiable Information, such as, but not limited to, a valid e-mail address and zip-code. You will also have the option to provide other Personally Identifiable Information such as your address and phone number. This information will be used to personalize and improve your experience with our Service. This information will not be disclosed to any third-party, other than vendors when required, without your explicit consent. You agree that all information provided by you to Curator is true, accurate, valid, current and complete. For more information on our use of Personally Identifiable Information, please see our Privacy Policy.

Privacy Policy

Information about Users is subject to our Privacy Policy. For more information, see our full Privacy Policy.

Modification to Service(s)

Curator reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Curator shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Curator reserves the right to cancel this agreement and our Service on an individual basis. Curator further reserves the right, in its sole discretion, to refuse Service or access to the Site to any User, or to delete accounts created by vendors or Users, for any reason whatsoever.

Interruption of Service(s)

Curator makes reasonable efforts to keep the Site in running order, but technical difficulties, routine maintenance and other events outside of our control may occur. Your use of the Service provided is at your own risk and the Service is provided “as is” and offered on an “as available” basis. Curator makes no guarantees for the operation of the Site. Curator is not responsible for any malfunctions, problems, issues, delays, downtime or bandwidth problems of any sort or kind that may or may not be encountered due to using our Service. You acknowledge that Curator may establish limits concerning use of the site and that Curator has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on/through the Site. You acknowledge and agree that we shall not be liable to You or any third party for any consequences of any modifications, termination or interruption of the Site or the services available through it.

User Conduct

Each Site and the Services provided to You are solely for entertainment and organizational purposes. You acknowledge and agree:

To provide true, accurate, current and complete information about yourself as prompted by any registration form and correspondence between users and vendors. If any information provided by You is untrue, inaccurate, not current or incomplete, Curator reserves the right to terminate Your right to use the Site and refuse any and all current or future use of the Services.

Not to use the Site or Services to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group for any reason, including, but not limited to the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Site, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of curatorseye.com is also prohibited. Inappropriate use may result in your being removed from the Site without notice and may result in termination of your privileges for participation in the Site. Appropriate legal action may also be taken for any unauthorized use of the Site or the Services.

Not to interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to ‘meta-search’ the Site or download data from the Site for competitive or commercial purposes. Curator reserves the right to block automated programs that do not comply with these restrictions.

Intellectual Property

The Site and all aspects thereof, including all copyrights, trademarks, photographs, content and other intellectual property rights on this Site are owned by Curator or its licensors. You acknowledge that the site and any underlying technology used in connection with the Site contain Curator’s intellectual property and proprietary information. You may not reverse engineer, translate, distribute, modify, amend or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Site except as necessary to view the content on the site for personal, non-commercial use. You may only use the content and the services in accordance with this Agreement. We do not claim ownership over your content, however, by posting content on the Site, You grant a license to us to use your content so that we are not violating any right You might have in that content. This license is a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to your content, which includes the right to store or re-format Your content in any way. This does not include personal information, which is only used in accordance with our Privacy Policy.

DMCA Infringement Claims

At Curator, we value your rights. If You believe your intellectual property or personal property rights have been violated by anything on the Site, including its content, photographs, or the items listed, please email the following information to CuratorsEye@gmail.com:

1. An electronic or physical signature by the copyright (or other intellectual property or property) owner or a person authorized to act on their behalf;

2. A description of the copyrighted (or other intellectual property) work that is claimed to be infringed (or is infringing), including any applicable registration numbers or a description of the property that is allegedly violating the property rights of an individual or organization;

3. A description detailed enough to properly identify the material on the Site (exact page links preferred);

4. Your address, telephone number, email address and any additional information that would facilitate us in contacting You;

5. A statement by You stating that You have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, property owner, its agent, or the law;

6. A statement by You, under penalty of perjury, that the information provided to use is accurate and that You are the copyright (or other intellectual property) owner, property owner, or are authorized to act on behalf of such owner.

Because Curator allows content from third parties and possibly from third party websites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if You believe your copyright or other property right has been infringed by a vendor or other User, that You contact that User, vendor, third party or third party site directly and request that the allegedly infringing material be taken down.

Linked / Third Party Sites

You may be able to link to third parties' Sites ("Linked Sites") from the Curator Site. Linked Sites are not, however, reviewed, controlled, or examined by Curator in any way and Curator is not responsible for, or liable for, the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Curator's endorsement of or association with the Linked Sites. It is Your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Curator be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Curator reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.

Dealings With Vendors

Your correspondence or business dealings with vendors/dealers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such vendor/dealer. You agree that Curator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such vendors/dealers on the Site.

Curator does not/cannot verify, endorse or vouch for the information, articles, or content that is available through the Site. Curators is not responsible for the accuracy, reliability, effectiveness, or correct use of content information or source information provided by vendors or third parties.

Curator is not responsible for the descriptions or information provided by Vendors concerning each Item. Curator recommends that You have an expert review all Items on your behalf prior to purchase, particularly if You are in doubt about any Item description or information. Curator is not required to or responsible for providing you with an expert. You must contract those services separately and at Your own risk.

Curator does not independently perform any searches on this or any other register, or otherwise verify the title and ownership of any Item listed on the Site. Curator recommends that You check each item against the Art Loss Register prior to purchase. The Art Loss Register maintains a computerized database of objects reported as stolen or lost. The Art Loss Register is provided by an unaffiliated third party, over which Curator has no relationship or control and Curator makes no representations concerning the reliability of information provided through the Art Loss Register.

Any applicable taxes related to any Item purchase(s) is the sole responsibility of You and the Vendor. Curator does not collect, remit, or provide guidance as to the amount or type of taxes that may be due. Failure of a Vendor to collect taxes does not relieve Your obligation to pay the associated Taxes. You are responsible for remitting and reporting any purchases through this Site to the appropriate taxing authority.

Similarly any permits, applicable sanctions, or other import/export regulations or prohibitions shall be the sole responsibility of You and the Vendor.

Limitation of Liability

IN NO EVENT WILL CURATOR, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CURATOR OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, MISINFORMATION OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE; OR (iii) FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES AS A RESULT OF ANY TRANSACTION OR DEALINGS BETWEEN ANY VENDOR/DEALER AND ANY USER. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE CURATOR FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS CURATOR, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES RESULTING FROM USE OF THE SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CURATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

No Warranty

CURATOR, CURATOR'S SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS PROVIDE CURATOR'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES, THE SITE, OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE. CURATOR, CURATOR'S OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CURATOR SHALL CREATE ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IN SUCH STATES OR JURISDICTIONS, CURATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disputes / Applicable Laws / Jurisdiction / Indemnification

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Suffolk County in the Commonwealth of Massachusetts.

You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which You reside.

Notwithstanding local rules or laws regarding your use of the Site, You agree that the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, shall govern these TOS. You expressly agree that exclusive jurisdiction for any claim or dispute with Curator or relating in any way to your use of the Site shall be in the federal or state courts located in Suffolk County, Massachusetts, and You further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Curator or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.

We operate the Site from our offices in Boston, Massachusetts. We do not represent that materials on the site are appropriate or available for use outside of Boston, Massachusetts. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Upon a request by Curator, You agree to defend, indemnify and hold Curator, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contributions, content, or other materials by You or Users authorized by You or any violation of these Terms and Conditions by You (including, but not limited to, any claim that Your Contribution infringes the rights of any third party). Curator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Curator in asserting any available defense.

Miscellaneous

Any inquiries concerning the terms and conditions in these TOS should be directed to us by emailing CuratorsEye@gmail.com. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in this Agreement shall be deemed to create any rights for any third party beneficiary. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Curator may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying You or receiving your consent. If You have any questions about this policy or our site in general, please contact us at CuratorsEye@gmail.com.

privacy policy

This Privacy Policy may be updated from time to time for any reason. It is the responsibility of all Users and of the Site to revisit this page to check for changes. Please read this Privacy Policy carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to this Privacy Policy, then you may not access the Site or use any services.

By using Curator’s Services You are consenting to processing of Your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States (U.S.). If You reside outside the U.S. Your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting the Site and providing information to us, You consent to such transfer to, and processing in, the U.S.

If You have any questions or comments about this Privacy Policy or our use of Your personally identifiable information, please contact us at CuratorsEye@gmail.com.

1. Registration is required in order to use the Site or gain access to the entire Site, if You decide to register, You must complete the Curator registration process. If You choose to register, You must submit a valid e-mail address and select a password during the registration process. You will need to give Curator certain Personally Identifiable Information, such as your name, a valid e-mail address and zip code, mailing or billing address, and phone number. This Personally Identifiable Information will be used by Curator to personalize and improve Your experience with the Service. This information will not be disclosed to any third-party, other than vendors when necessary, except as provided in our Privacy Policy. You agree that all information provided by you to Curator is true, accurate, valid, current and complete.

2. You can review and change Your Personally Identifiable Information or password at any time by going to the "Your Account" page after logging in.

3. Professional and publicly available information of Users of the Service may be utilized by Curator for general promotional uses (e.g. a directory of patrons using the Service).

4. This Site uses Google Analytics, a web analytics service provided by Google, Inc. (”Google”). Google Analytics uses “cookies”, which are text files placed on Your computer, to help the Site analyze how Users use the site. The information generated by the cookie about Your use of the Site (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating Your use of the Site, compiling reports on web site activity for web site operators and providing other services relating to web site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate Your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if You do this you may not be able to use the full functionality of this Site. By using this Site, You consent to the processing of data about you by Google in the manner and for the purposes set out above.

5. In addition, Curator may use Your contact information to market to You, and provide You with information about, Curator’s products and services, including but not limited to services on the Site. If You decide at any time that You no longer wish to receive such information or communications from Curator, please follow the unsubscribe instructions provided in any of the communications.

6. Curator engages certain trusted third parties to perform functions and provide services to Curator, including, without limitation, hosting and maintenance, customer relations, database storage and management, and direct marketing campaigns. We will share Your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of Your data.

7. Curator may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of Your information differs materially from that set forth in this Privacy Policy.

8. Security. Curator believes in the privacy of its Site Users. Curator safeguards the confidentiality of Your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of Your unencrypted electronically stored personal data to You via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

9. Curator and messages posted through Curator may contain links or references to other Sites. Curator is not responsible for the privacy policies of any third party site or for how they treat information about their users. These third party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those Sites through use of Curator. We encourage you to read the privacy policies or statements and terms of service for each of the other Sites you visit.

10. Our Policy Towards Children The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided Curator with personally identifiable information without their consent, he or she should contact Curator at Curatorseye@gmail.com. Curator will take actions to promptly remove such data. Curator does not knowingly collect personally identifiable information from children under 18. If Curator becomes aware that a child under 18 has provided personal identifiable Information on the Site, Curator will delete such information.

11. Personal information about our Users is shared with the Vendors participating on the Site. The personal information that is shared with Vendors includes all of your individual account information and your activity on the Site. This personal information is not shared with any other outside or third-party. Certain information is used in the aggregate to provide analytics to Curator. This information is not tied to You personally but may contain demographic information about our Users in part or as a whole. This aggregate and non-personally identifiable information may be used by Curator and shared with or sold to third-parties.