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Terms and Conditions | Thirdman

Terms and Conditions

We maintain Thirdman.auction (the "Site") in order to provide buyers of fine art, decorative art, memorabilia and collectibles a platform to purchase property.

The following terms and conditions ("Terms and Conditions") govern your use of the Site. The Site is owned and operated by Thirdman.auction and its subsidiaries ("Thirdman.auction

"or "we" or "us" or "our"). Payment processing for purchases on the Site is done by Thirdman.auction. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY ACCESSING, USING, BROWSING, BUYING ON THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

1.Proprietary Rights in the Site. Thirdman.auction does not claim ownership of content (including, for example, audio, images, photographs, illustrations, text, video, etc.):

a)all rights, title and interest in and to the Site, b) all audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc., created or made available by Thirdman.auction on the Site, c) software, code, data and materials on the Site, d) the look and feel, design and organization of the Site, and e) the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant to you any ownership of any content, software, code, data, or materials you may access on the Site.

2.Limited License to Use the Site. We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to buy property, or perform other transactions on the Site. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.

3.Prohibited Uses. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of Thirdman.auction or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Switzerland, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Thirdman.auction will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site are strictly prohibited. Thirdman.auction will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

4.Copyright. The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ( collectively "Materials"), are protected by copyright under the laws of Switzerland as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us. We authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use, or in the case of galleries, to display to your clients solely for purposes of facilitating a transaction with us. The use of any software that is made available for downloading from the Site ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of Thirdman.auction s or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other Site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited. With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials. Some of the Materials 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. If you would like information about obtaining Thirdman.auction s permission to use the Material on your site, please email [email protected] Thirdman.auction

5.User Information. You may be asked to provide certain personalized information to us ("User Information") during your use of the Site. Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

6.Material Offensive to Minors and Sensitive People. WARNING: The content of the Site are not intended for minors. Such content is generally uncensored and may include nudity or other graphic or literary content that some people may consider offensive. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Site are inappropriate for your child, and to control the child's use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Site.

7.Use of Robots and Spiders. We reserve the right to employ robot exclusion headers and similar mechanisms within the Site, and you agree that you and all persons and facilities under your control will honor such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the Site or the Material set forth in these Terms and Conditions, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of our users, buyers or sellers, or to recreate in original or modified form any substantial portion of the Site. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site or any transactions being conducted on or in connection with the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.

8.Termination. Thirdman.auction may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site's services at any time, in our sole discretion, and without liability to any user. Thirdman.auction may restrict, suspend or terminate your use of or access to the Site if we believe you are in breach of or are attempting to breach our Terms and Conditions or applicable law, or for any other reason without notice or liability.

9.Copyright Infringement on the Site. Thirdman.auction respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Thirdman.auction 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; and, 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.

For Notice of claims of copyright infringement contact:

By mail: Thirdman sarl - 33, rue de la Synagogue 1204 Geneva Switzerland

Email: [email protected] thirdman.auction

10.Privacy. Thirdman.auction is committed to maintaining your privacy. Thirdman.auction does, however, gather certain information that you provide to the Site. For information regarding Thirdman.auction 's policies for using user information please read our Privacy Policy.

11.Registration, passwords, signatures. In consideration of your use of the Site, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on the Site (“Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify us of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

12.Indemnification. You agree to defend, indemnify on demand and keep Thirdman.auction indemnified, and hold Thirdman.auction and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Thirdman.auction reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Thirdman.auction defense of such claim.

13.Disclaimer of Liability. The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular item on the Site, we make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. Any use of the Site and the Material is at your own risk. Advice received via the Site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Site and may be made at any time. Some Material on the Site is provided by third parties and we shall not be held responsible for any such Material provided by third parties.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Thirdman.auction, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THIRDMAN.AUCTION, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.

14.Disclaimer of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PROVISION OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL THIRDMAN.AUCTION, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE SITE. IN NO EVENT SHALL THIRDMAN.AUCTION, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THIRDMAN.AUCTION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15.Local Standards. We do not represent that Materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16.Changes to Terms and Conditions. Thirdman.auction reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

17.General. Thirdman.auction makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of Switzerland. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside of Switzerland, you are responsible for compliance with the laws of your jurisdiction. The Site are based in Geneva, Switzerland. All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of Geneva, Switzerland applicable to contracts entered into and performed within Geneva without respect to its conflict of laws principles. By using the Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Site shall be the state courts for or within Geneva, Switzerland and the Court of Geneva Switzerland. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Thirdman.auction to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver of any term of this Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of Thirdman.auction. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of these Terms and Conditions 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 and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Thirdman.auction and its affiliates, successors, assigns and licensees. There are no third party beneficiaries to this Terms and Conditions.

18.Inquiries. You may direct questions about these Terms and Conditions, or other issues, to: Thirdman sarl 33, rue de la Synagogue, 1204 Geneva Switzerland

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