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PARTIES:
(1) Metropress Limited (company number 1010311) trading as the Antiques Trade Gazette
whose principal place of business is at 115 Shaftesbury Avenue, London WC2H 8AD,
UK ("ATG"), and
(2) you, the user of the Services ("the User").
1. DEFINITIONS "Agreement" means the provisions of this agreement.
["DMGT Group" means the DMGT group of companies from time to time, of
which Metropress Ltd is a member.]
"Intellectual Property Rights" means patents, trademarks, design rights,
database rights, copyright, and all other intellectual property rights anywhere
in the world, whether registered or not.
"Licensor" means any licensor of ATG including without limitation any
third parties placing Content (as defined below) on the Website.
"Service" means the provision of Content (which includes without limitation,
news, data, catalogues, and other services) provided on the Website to the User
by ATG.
"Website" means this Antiques Trade Gazette website.
2. LEGALLY BINDING TERMS AND CONDITIONS
2.1 Please read these terms and conditions very carefully before using this Website.
This is a legally binding agreement between you as the User and ATG establishing
the terms and conditions under which you may have access to, and use of, this Website,
including all information, advice and downloaded materials contained or referred
to in it or accessed from it ("the Content"). BY ACCESSING AND USING THIS
WEBSITE AND THE CONTENT AND/OR REGISTERING WITH ATG YOU ARE DEEMED TO HAVE ACCEPTED
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM YOU ARE NOT ENTITTLED TO
ACCESS AND USE THE SERVICE.
2.2 The Content of this Website may be restricted by law in certain countries. It
is the responsibility of the User to determine what those restrictions are and to
observe them.
3. BASIS OF USE
3.1 Upon acceptance of these terms and conditions the User has a non-exclusive licence
to use the Service and download Content for its own personal non-commercial use
in order to view the Website only. This licence shall include any other any material
downloaded from this Website unless other conditions apply to the use of that material.
ATG has the right to revoke this licence at any time or to remove Content from the
scope of the licence without further notice.
3.2 The User agrees not to use the Service in any way to either directly or indirectly
prejudice ATG's interests or those of its Licensors or the [DMGT Group] and/or the
provision and exploitation of the Service in any way.
3.3 ATG shall make the Service available to Users in such forms as it reasonably
deems appropriate from time to time.
3.4 ATG shall make the Service available to the User via such electronic or other
means as it reasonably determines from time to time.
3.5 The User shall provide at its own cost suitable access to the internet or equivalent
through which the Service is intended to be delivered and the User shall assume
sole responsibility for the configuration and maintenance of that access and the
licensing and/or provision of any software required.
3.6 All products and services contained on or referred to in this Website (including
Content that can be downloaded) are subject to availability and ATG has the right
to withdraw any product or service at any time without notice.
3.7 Where the Content includes information relating to any product or service ATG
has the right to change any such information at any time without notice.
3.8 ATG WILL USE ITS REASONABLE ENDEAVOURS TO TRY AND ENSURE THAT ALL INFORMATION
DISPLAYED ON THIS WEBSITE IS ACCURATE AND UP TO DATE BUT ERRORS RELATING TO INFORMATION
ARE SUBJECT TO THE EXCLUSIONS ON LIABILITY SET OUT IN THIS AGREEMENT AND THE USER
SHOULD NOT RELY ON THE INFORMATION AS BEING ACCURATE OR UP TO DATE BUT SHOULD INDEPENDENTLY
VERIFY ALL INFORMATION. IN ANY EVENT ATG TAKES NO RESPONSIBILITY FOR CONTENT FROM
LICENSORS ON THE WEBSITE.
3.9 ATG's Privacy Statement from time to time shall
form part of this Agreement.
4. ITEMS ADVERTISED FOR SALE ON THE WEBSITE
4.1 ATG MAY FROM TO TIME PROVIDE A RESOURCE WHERE CATALOGUES AND OTHER SALE DETAILS
FROM DEALERS, AUCTION HOUSES AND OTHER SELLERS ("SELLERS") CAN CONVENIENTLY
BE VIEWED. ATG'S ROLE IS LIMITED TO THE PROVISION OF THE SERVICE FOR THE PUBLICATION
OF INFORMATION ON ITEMS ("ITEMS") OFFERED FOR SALE PROVIDED BY THE SELLERS.
4.2 ITEMS ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE SELLER. IT IS THE
USER'S RESPONSIBILITY TO OBTAIN AND TO READ THE SELLER'S TERMS AND CONDITIONS CAREFULLY
BEFORE MAKING A BID OR OFFER TO PURCHASE ANY ITEM.
4.3 ATG IS NOT A PARTY TO ANY TRANSACTION BETWEEN THE USER AND THE SELLER FOR THE
SALE OF ITEMS NOR IS ATG ACTING AS AGENT FOR OR OTHERWISE ON BEHALF OF ANY SELLER.
ACCORDINGLY, THE USER ACCEPTS THAT IT WILL HAVE NO CLAIM OR CAUSE OF ACTION AGAINST
ATG IN RESPECT OF THE SALE (OR NON-SALE) OF ANY ITEM.
4.4 FOR THE AVOIDANCE OF DOUBT, ATG IS NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION
ABOUT ITEMS ON THE SITE. ATG DOES NOT EVALUATE ITEMS AND DOES NOT ACT AS A SPECIALIST
OR EXPERT ON ANY RELATED SUBJECT MATTER. ATG MAKES NO WARRANTIES OR REPRESENTATION
OF ANY KIND OR NATURE WITH RESPECT TO ITEMS (INCLUDING BUT NOT LIMITED TO REPRESENTATIONS
OR WARRANTIES AS TO THE ACCURACY OF DESCRIPTION, GENUINENESS, QUALITY, AUTHORSHIP,
ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, SAFETY OR AVAILABILITY
FOR SALE). IF THE USER HAS ANY QUESTIONS, THEN THEY SHOULD CONTACT THE SELLER DIRECTLY.
IN PARTICULAR, IT IS THE USER'S RESPONSIBILITY TO UNDERSTAND THE SELLER'S PAYMENT
AND SHIPPING TERMS.
4.5 WHILST ATG MAY ENDEAVOUR TO FACILITATE ELECTRONIC OR OTHER COMMUNICATIONS BETWEEN
USERS AND SELLERS, IT ACCEPTS NO RESPONSIBILITY IN RESPECT OF THE AVAILABILITY OR
PERFORMANCE OF ANY SUCH SERVICES.
5. TITLE AND INTELLECTUAL PROPERTY RIGHTS
5.1 ATG or its Licensors are the owners of all Intellectual Property Rights in relation
to this Website and its Content and, except to the extent expressly permitted by
the licence granted under this Agreement, the User may not copy, extract, utilise,
download, distribute, re-sell, use or publish (including by any means of electronic
dissemination or extraction) the Content in any way without the prior written consent
of ATG.
6. LICENSOR'S WARRANTY
6.1 ATG does not provide any warranties in respect of the accuracy, operation or
usefulness of the Service nor does it warrant that its operation will be uninterrupted
or error free.
6.2 ATG warrants that it shall endeavour to perform its obligations under this Agreement
with reasonable care and skill.
7. MODIFICATIONS AND RESERVATIONS
7.1 ATG reserves the right to make improvements, substitutions, modifications or
enhancements to any part of the Service or this Agreement at any time.
8. EXCLUSIONS AND LIMITS OF LIABILITY
8.1 EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT (A) ATG MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) NOR (B) ARE ANY CONDITIONS
INCLUDED IN RELATION TO THIS WEB SITE OR ITS CONTENT. ATG EXCLUDES (TO THE FULLEST
EXTENT PERMITTED BY LAW) ALL SUCH WARRANTIES, REPRESENTATIONS AND CONDITIONS.
8.2 THE CONTENT CONTAINED ON THIS WEB SITE IS PROVIDED FOR GENERAL INFORMATION ONLY.
ANY ADVICE OR INFORMATION RECEIVED THROUGH THIS WEB SITE OR ITS CONTENT SHOULD NOT
BE RELIED UPON AS BEING CORRECT OR ACCURATE AS IT THE USER'S OBLIGATION TO VERIFY
INDEPENDENTLY SUCH MATTERS FROM PRIMARY SOURCES OF INFORMATION AND/OR BY TAKING
PROFESSIONAL ADVICE.
8.3 THE USER IS NOT ENTITLED TO RELY ON THE CONTENT OR ANY ASSOCIATED SERVICE OF
THIS WEB SITE.
8.4 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM ATG'S OWN NEGLIGENCE
OR FOR ATG'S FRAUD, ATG EXCLUDES ALL LIABILITY ("LIABILITY") IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY COSTS,
LOSSES, CLAIMS, DAMAGES, EXPENSES OR PROCEEDINGS INCURRED OR SUFFERED BY THE USER
ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE AND ITS CONTENT
INCLUDING WITHOUT LIMITATION ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED
TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEB
SITE, ITS CONTENT OR ASSOCIATED SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION,
ADVICE, AND ALL CONTENT AND SOFTWARE DOWNLOADED FROM THIS WEB SITE), OR DUE TO ANY
UNAVAILABILITY OF PART OR ALL OF THE WEB SITE OR ANY CONTENT OR ASSOCIATED SERVICES.
8.5 FOR THE AVOIDANCE OF DOUBT, ALL LIABILITY OF ATG FOR SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, ECONOMIC LOSS AND WASTED MANAGEMENT
TIME IS ALSO EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
8.6 ATG ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR THE USE MADE OF THE SERVICES
BY THE USER OR THOSE UNDER ITS CONTROL AND, IN PARTICULAR BUT WITHOUT LIMITATION,
THE CONTENT OF ANY INFORMATION.
[8.7 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE ALSO FOR
THE BENEFIT OF EACH MEMBER OF THE DMGT GROUP, IN ADDITION TO ATG.]
9. LINKS TO OTHER INTERNET WEBSITES
9.1 ATG aims to provide a high quality of service to its Users through this Website
and for information and convenience ATG may from time to time provide links to other
Internet websites. The inclusion of such hyperlinks, however, does not imply any
endorsement, representation or warranty regarding those web sites or the contents
of those web sites.
9.2 THE USER MAY NOT LINK DIRECTLY OR INDIRECTLY, OR FACILITATE THE LINKING OF,
THE WEBSITE TO ANY OTHER WEBSITE WITHOUT ATG'S PRIOR WRITTEN CONSENT.
10. INDEMNITY
10.1 THE USER SHALL TO THE FULLEST EXTENT PERMITTED BY LAW FULLY INDEMNIFY ATG [AND
EACH OTHER MEMBER OF THE DMGT GROUP] FROM AND AGAINST:
10.1.1 ALL LIABILITIES, DEMANDS, LOSSES, COSTS, DAMAGES AND ACTUAL EXPENSES (INCLUDING
REASONABLE LEGAL FEES) SUFFERED OR INCURRED BY OR AWARDED AGAINST ATG [OR ANY OTHER
MEMBER OF THE DMGT GROUP] IN CONSEQUENCE OF OR ARISING OUT OF ANY ACTIONS OF THE
USER THAT ARE INCONSISTENT WITH, OR ARE IN BREACH OF, THIS AGREEMENT, ANY RELEVANT
NATIONAL OR INTERNATIONAL LAWS OR REGULATIONS OR ARISING OUT OF THE USER'S NEGLIGENT,
FRAUDULENT OR ILLEGAL USE OF THE SERVICE.
11. TERMINATION
11.1 This Agreement and the User's licence to use the Website and any or all of
the Content may be terminated by ATG at any time without cause or notice.
11.2 Any termination of this Agreement will be without prejudice to any other rights
or remedies of ATG [or any other member of the DMGT Group] under this Agreement
or at law and will not affect its accrued rights prior to the date of termination.
Clauses 4, 5, 6.1, 8, 10, 11 and 12 shall survive the termination of this Agreement.
12. ANCILLIARY PROVISIONS
12.1 SEVERABILITY: If any of the provisions or part of a provision of this Agreement
is judged to be illegal or unenforceable, the continuation in full force and effect
of the remainder of the provisions or provision will not be prejudiced unless the
substantive purpose of this Agreement is then frustrated, in which case either party
may terminate this Agreement forthwith on written notice.
12.2 WAIVER: No forbearance or delay by either party in enforcing its respective
rights will prejudice or restrict the rights of that party, and no waiver of any
such rights or of any breach of any contractual terms will be deemed to be a waiver
of any other right or of any later breach.
12.3 ASSIGNMENT/SUBLICENSING: The User may not assign or sublicense this Agreement
or any benefits or interests arising under this Agreement without the prior written
consent of ATG.
12.4 GOVERNING LAW AND JURISDICTION: This Agreement (and accordingly all visits
to this Website) shall be governed by English law and the parties submit to the
exclusive jurisdiction of the English Courts. This is without prejudice to ATG's
right to commence proceedings anywhere in the world relating to the protection of
its Intellectual Property Rights or those of its Licensors.
© Copyright [Metropress] Limited 2000 ALL RIGHTS RESERVED
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