This User Agreement is effective upon acceptance of new users and from 01.01.2020 for existing users.
This User Agreement, all polices and all terms and conditions posted on our site, set out the terms and conditions on which Uniq Luxury ApS (hereinafter: “Uniq Luxury”), offers you access and use of our services on the Uniq Luxury Platform. When using our services you agree to comply to the terms and conditions set forth in this User Agreement. These terms will apply to any future upgrade or change made to the Uniq Luxury Platform.
ABOUT THE PLATFORM
The Uniq Luxury platform is a digital platform created by Uniq Luxury, which connects art lovers worldwide. Users create a member account, allowing them to connect to for example art collectors, galleries and artists, thus creating a global art community. Furthermore, the platform enables Users to browse through 3D exhibitions, share collections, trade art etc. Uniq Luxury provides services and products related to the platform. These services includes writing articles, setting up shows, creating 3D models of galleries etc.
USING THE PLATFORM
When using the Uniq Luxury Platform you may write reviews, comments, submit suggestions and ask questions etc., for as long as those are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious toward the receiver user, Uniq Luxury or any third parties. You may not forward any form of “spam”, including but not limited to: chain letters and mass mailings. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Uniq Luxury is not responsible for any content posted or forwarded on the Uniq Luxury Platform by any user. If Uniq Luxury finds that a user is abusing the Uniq Luxury Platform and/or the services provided by us in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate that user’s account and access to our services, as well as delay or remove any content provided by that user. Views and opinions expressed by users on the Uniq Luxury Platform are those of the users and do not reflect the official policy or position of Uniq Luxury. Uniq Luxury may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, Uniq Luxury reserves the right to refuse, modify, or terminate all or part of our services to anyone for any reason at our discretion. When buying products on the Uniq Luxury Platform, the contract for the sale are directly be-tween the Seller (Galleries/consulting) and the Purchaser. While Uniq Luxury may provide pricing, shipping, listing, and other guidance as part of our services, such guidance is solely informational and indicative, and you may decide to follow it or not. While Uniq Luxury helps facilitate transactions that are carried out on the Uniq Luxury Platform, Uniq Luxury is neither the Purchaser nor the Seller of the Seller’s items. Uniq Luxury provides a venue for Sellers and Purchasers to complete transactions related to artwork. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the Seller and the Purchaser. Uniq Luxury is not a party to such Agreement nor assumes Uniq Luxury any responsibility or liability arising out of or in connection with it. The Seller is responsible for the sale of the products and for dealing with any claims from the Purchaser or any other issue arising out of or in connection with the Agreement between the Parties. Uniq Luxury is not be considered a representative of neither the Seller nor the Purchaser. Uniq Luxury may not be held liable for any loss or any damage inflicted on either party due to the Agreement. Uniq Luxury reserves the right to assign the identity of either Party to the other in case of a conflict. Uniq Luxury can facilitate (through third party payment processors) the payment of the relevant artwork for and on behalf of the Seller (Uniq Luxury never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to our bank account or a deposit account through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Seller will in each case constitute a payment of or part of the purchase price by you of the relevant artwork. The purchase price is reserved on your chosen payment method when you place your order. Uniq Luxury withdraw the amount when the ordered artwork(s) are shipped from the Seller.
INTELLECTUAL PROPERTY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos (collectively, “Content”), on the Uniq Luxury Platform is owned, controlled or licensed by or to Uniq Luxury, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this User Agreement, no part of the Uniq Luxury Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Uniq Luxury’s express prior written consent. Codes, pictures, text, manuals, links, content, graphic, designs, logos, pricing, financial information, user information, gallery information, partner information, articles, terms, internal communication shared by you on the Uniq Luxury Platform, can be copied, processed, published and forwarded by the Uniq Luxury, without any limitation, and without any incurring obligations of confidentiality, attribution or compensation to the you. You agree, that you are solely responsible for ensuring, that you own and control all content that is made available in any way by you on the Uniq Luxury Platform. You agree to defend, indemnify and hold harmless the Uniq Luxury from any losses due to infringement of a patent, copyright, trademark or any other intellectual property right or trade secret misappropriation growing out of your access to and use of the Uniq Luxury Platform.
PERSONAL DATA SECURITY
THIRD PARTY LINKS, SITES AND SERVICES
You may find links to third-party websites and events or activities, which are not owned or controlled by Uniq Luxury on the Uniq Luxury Platform. If you access any third party website, service or content from a third party through the Uniq Luxury Platform, you do so at your own risk, and you agree that Uniq Luxury will not be liable for any loss arising from this. The links are offered to you as a convenience, and the inclusion of the link does not imply any association with or endorsement by Uniq Luxury, of the site or the operation of the site.
You agree to indemnify and hold Uniq Luxury (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Uniq Luxury’s services or your breach of any law or the rights of a third party.
PURCHASING ARTWORKS WITH CREDIT CARDS
The Uniq Luxury Platform allows you to either choose “Buy Now” or “Make Offer”. “Buy Now” lets you purchase the artwork at the listed price. If you instead prefer to make an offer to the gallery, choose “Make Offer”. You will then be given the chance to make an offer for the artwork. In both options we will authorize an amount corresponding to the offered price on your payment or credit card (rendering this balance as unavailable) when you make an offer and subsequently clear the transaction If the gallery accepts your offer.”
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Uniq Luxury tries to keep the services provided safe, secure, and functioning properly, but cannot guarantee the continuous operation of or access to the services. You agree that by making use of the Uniq Luxury services, you do so at your own risk, and that the service is being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, Uniq Luxury exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, Uniq Luxury is not liable, and you agree not to hold Uniq Luxury responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: The content provided by users on the Uniq Luxury Platform; our use of or inability to use Uniq Luxury services; Delays or disruptions in the Uniq Luxury services; Viruses or other malicious software obtained by accessing or linking to the services; Damage to your hardware device from the use of the service; A suspension or other action taken with respect to your account by Uniq Luxury; our need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or the Uniq Luxury policies.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Uniq Luxury (including any claim or dispute between you and a third-party agent of Uniq Luxury) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to our services, the actions of Uniq Luxury or its agents, or any products or services sold or purchased through the services, shall be governed by the laws of Denmark. The District court of Copenhagen will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these User Terms. Any costs and litigation fees, including attorney fees, are be held by the Parties as decided by the court.
CHANGES TO THESE TERMS
We reserve the right to change these terms at any time. Once any updated terms has entered into force, you will be bound by those terms if you continue to use our service. You will be notified at least 30 days before the changes enters into force.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. We always appreciate feedback from our users. Any feedback submitted by you may be used without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.Access and use of the Uniq Luxury Platform is prohibited for anyone under the age of 13.