Subscription Agreement
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ARTFACT SUBSCRIPTION AGREEMENT READ CAREFULLY. THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND ARTFACT, LLC. ("ARTFACT," "WE," "US," OR "OUR"). BY CLICKING THE "PROCESS TRANSACTION" BUTTON YOU ARE INDICATING THAT YOU HAVE READ THIS SUBSCRIPTION AGREEMENT (THE "SUBSCRIPTION AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR SUBSCRIPTION TO THE ARTFACT SUBSCRIPTION SERVICE(S) THAT YOU HAVE SELECTED (THE "SUBSCRIPTION SERVICE(S)"). IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU SHOULD STOP THE SUBSCRIPTION REGISTRATION PROCESS. This Agreement is in addition to, and not in lieu of, the Artfact Terms of Use Agreement to which you agree when you initially use the Site (as defined in the Terms of Use Agreement). By clicking the " Process Transaction " button, you not only agree to the terms set forth herein, but you reaffirm your consent to the Terms of Use Agreement. The Terms of Use Agreement is hereby incorporated by reference hereto and made a part of this Subscription Agreement. For purposes of this Agreement, “Activation Date” means, for each specific Subscription Service (as defined below) to which you have elected to subscribe, the date on which Artfact first activates such Subscription Service. 1. ENROLLMENT IN THE SUBSCRIPTION SERVICES You may purchase a subscription to one or more of the following
services (each, a "Subscription Service"): "Artfact Basic": a subscription-based information
service for single user (“Artfact Basic Subscribers”) that provides instant,
unlimited access to a database of recent past (defined as occurring during the
latest twelve months) traditional antiques and art auction sale results, allows
them to email others selected traditional antiques and art auction database
records, and contact selected traditional antiques and art auctioneers to
request more information about upcoming antiques and art auction items. "Artfact Premium": a subscription-based information
service for single user (“Artfact Premium Subscribers”) that provides instant,
unlimited access to a database of the last five years traditional antiques and
art auction sale results, allows them to email others selected traditional
antiques and art auction database records, and contact selected traditional
antiques and art auctioneers to request more information about upcoming
antiques and art auction items. "Artfact Professional": a subscription-based
information service for a single user
(“Artfact Professional Subscribers”; and when used in combination with
Artfact Basic Subscribers or Atfact Premium Subscribers, “Subscribers”) that
provides instant, unlimited access to a database of past traditional antiques
and art auction sale results, allows them to email others selected traditional
antiques and art auction database records, and contact selected traditional
antiques and art auctioneers to request more information about upcoming antiques
and art auction. By subscribing to any Subscription Service, you hereby represent
to us that you are authorized to use the credit card you submit for
payment. If you are a parent or
guardian paying on behalf of a minor or other person, then you hereby agree to
the terms of this Agreement and agree to take responsibility for the actions of
such person, any charges associated with that person's use of any of the
Subscription Services, and that person's compliance with this Agreement. 2. TERM, FEES AND PAYMENTS (a) Initial Subscription Payment By subscribing to one of the Subscription Services, you agree
that you will pay the applicable fee for the Subscription Service to which you
have elected to subscribe. Your subscription fee will automatically be charged
to the credit card you designated as the credit card to be billed for your
account. (b) Automatic Subscription Renewal One month Basic and Premium subscriptions will renew
automatically unless you indicate that you prefer yours to expire automatically
on the "Subscribe to Artfact" page during the subscription
process. All other Subscription
Services will expire unless you indicate that you prefer yours to renew
automatically on the "Subscribe to Artfact" page during the
subscription process. If you elect to
automatically renew, your Subscription Service will continue with the same
duration as the Subscription Service being renewed (e.g. one month, six months,
one year, etc...). At the time of renewal, your credit card will be charged our
then-current fee for your renewed Subscription Service, provided that if the
fee for your renewal Subscription Service increases, we will notify you at your
designated email address at least fourteen (14) days prior to renewal so that
you have an opportunity to elect not to renew. (c) Your Billing Date Your credit card will be charged for the renewal of the
Subscription Service to which you have elected to subscribe on your billing
date ("Billing Date"). The Billing Date for your renewed Subscription
Service shall be on the applicable anniversary of your Activation Date (e.g.
six month anniversary, one year anniversary, etc...) If, however, your Activation Date is on the 29th, 30th or 31st
day of a month, and your Billing Date does not exist because there are fewer
than thirty-one (31) days in the month payment is due, your Billing Date for
that particular renewal will be on the last day of the month in which your
Billing Date would otherwise be. (d) Subscription Upgrade If you would like to upgrade to a higher level Subscription
Service (from Artfact Basic to Artfact Premium or Professional, or from Artfact
Premium to Professional), you may upgrade the Subscription Service to which you
have elected to subscribe at any time by clicking on the My Artfact button
on the primary navigation bar of Artfact.com and selecting the appropriate link
on the Account Information foe User page.
If you upgrade the Subscription Service to which you elected to
subscribe during the term of such Subscription Service, and you elect to apply
the value of your existing lower level subscription, then your credit card will
be charged for the difference between the full amount of your new Subscription
Service which shall be activated on the date of the change and the pro-rata
refund for the remainder of the term of the original Subscription Service.
Any time on the lower value
subscription that resulted from a promotion or coupon may not be applied to a
higher value subscription and is always used last (at the end of the
subscription period). For example, if
you purchase a 12 month Basic service subscription using a coupon that provides
one month for free, then there will be no remaining value to apply towards an
upgrade to Premium level subscription after 11 months. (e) No Refunds Except as otherwise expressly set forth above, all fees and
charges, including charges for automatically renewed Subscription Services, are
nonrefundable. However, you may terminate the Subscription Service to which you
have elected to subscribe at any time by clicking on the My Artfact link on
the primary navigation bar of the home page of Artfact.com and selecting the
appropriate link under My Artfact. (f) Methods of Payment and Credit Card Terms All payments must be made by VISA, MasterCard, American Express
or Discover Card. We do not accept cash, checks or any other payment form. Your
card issuer agreement governs your use of your designated card in connection
with the Subscription Service to which you have elected to subscribe, and you
must refer to that agreement and not this Subscription Agreement to determine
your rights and liabilities as a cardholder. YOU, AND NOT ARTFACT, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY,
WHICH WERE NOT AUTHORIZED BY YOU. You agree to pay all fees and charges
incurred in connection with the Subscription Service to which you have elected
to subscribe and its password (including any applicable taxes) at the rates in
effect when the charges were incurred. If Artfact does not receive payment from
your credit card issuer or its agent, you agree to pay all amounts due upon
demand by Artfact. (g) Unauthorized Charges Unless you notify Artfact in writing of any discrepancies or
unauthorized charges within sixty (60) days after they first appear on your
credit card statement, they will be deemed accepted by you for all purposes,
including resolution of inquiries made by your card issuer. You release Artfact
from all liabilities and claims of loss resulting from any error or discrepancy
that is not reported to Artfact in writing within sixty (60) days of its first
appearance on an invoice or credit card statement. (h) Late Payments Your account may be deactivated without notice to you if payment
is past due, regardless of the dollar amount. You agree to pay any outstanding
balance in full within thirty (30) days of cancellation or termination of your
subscription to the applicable Subscription Service(s). (i) Taxes You are responsible for paying any governmental taxes imposed on your use of the Subscription Service(s), including, but not limited to, sales, use or value-added taxes. If however, you are a United Kingdom citizen using your subscription for non-commercial (personal) use, VAT will be charged and collected at a rate of 17.5% in addition to the Subscription fee. (j) Modifications to Fees or Billing Terms ARTFACT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS
SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL
FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY ARTFACT,
EFFECTIVE UPON FOURTEEN (14) DAYS NOTICE TO YOU AT YOUR DESIGNATED EMAIL
ADDRESS. If any such change is unacceptable to you, you may terminate the
Subscription Service to which you have elected to subscribe by clicking on the
My Artfact link on the primary navigation bar of the home page of
Artfact.com and selecting the appropriate link. YOUR CONTINUED USE OF THE
SUBSCRIPTION SERVICE(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR
BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 3. TERMINATION (a) Termination By You You may terminate your subscription to any of the Subscription
Service(s) to which you have subscribed at any time by clicking on the My
Artfact link on Artfact.com and selecting the appropriate link. Once you have
terminated the Subscription Service to which you have elected to subscribe, we
will stop billing your credit card until and unless you re-subscribe to a
Subscription Service. All fees paid and charges made prior to termination as
provided herein are nonrefundable, including any advance charge or payment for
the subscription term during which you terminate the Subscription Service to
which you have subscribed. Termination of such Subscription Service shall not
relieve you of any obligations to pay accrued charges. (b) Termination By Us You agree that Artfact, in its sole discretion, with or without
prior notice, may freeze or terminate your user name, password or use of any
Subscription Service(s) (or any part thereof) for any reason, including,
without limitation, if Artfact believes that you have violated or acted
inconsistently with the letter or spirit of this Subscription Agreement or the
Terms of Use Agreement. Artfact may also in its sole discretion and at any time
modify or discontinue providing any Subscription Service, or any part thereof,
with or without notice. Further, you agree that Artfact shall not be liable to
you or any third-party for any interference with or termination of your access
to any Subscription Service.
Notwithstanding the foregoing, if Artfact suspends or terminates your
use of any Subscription Service(s) to which you have subscribed without cause
it will (a) extend the term of such Subscription Service(s) by the amount of
time such Subscription Service(s) was suspended or (b) refund a pro-rata amount
based on the remainder of the term of such Subscription Service(s), as
applicable. 4. CUSTOMER SERVICE You understand and agree that Artfact is solely responsible for
all customer service, help, billing and account issues related to the
Subscription Service to which you elected to subscribe. Neither your ISP, nor
any third party website through which you may have accessed any Subscription
Service, nor any of the auction houses that provide data to Artfact is
responsible for customer service, help, billing and account issues related to
your subscription. You agree not to direct any questions, requests for
assistance, or inquiries about any Subscription Service to your ISP, to any
third party website through which you may have accessed any Subscription
Service, or to any of the auction houses that provide data to Artfact. 5. YOUR ACCOUNT INFORMATION (a) True and Complete You agree to provide true, accurate, current and complete
information about yourself and your billing information as prompted by the
process of subscribing to a Subscription Service (such information being the
"Account Information"). (b) Updating Your Account Information You may update any of your Account Information, designate a
different credit card to be billed, or change the applicable expiration date on
your currently designated credit card, by clicking on the My Artfact button
on the primary navigation bar of the home page of Artfact.com and selecting the
Edit Card link. (c) Our Use of Account Information We shall treat all of your Account Information in accordance
with our Privacy Policy. (d) Stolen Account Information Your Responsibility You are solely and entirely responsible for maintaining the
confidentiality of your password, and for any and all activities that occur
under your account. If you believe someone has accessed any Subscription
Service using your user name and password without your authorization, it is
your responsibility to immediately notify us at Support@Artfact.com and set up
a new username and password by clicking on the My Artfact button on the
primary navigation bar of the home page of Artfact.com and selecting the Edit
Registration Info link. Artfact will
not be liable for any loss or damage arising from unauthorized use of your
username and password. 6. TECHNOLOGY
LIMITATIONS We recommend that you use Artfact with Microsoft Windows
Operating Systems and Internet Explorer Version 5.5 or later. Internet connection speed will determine
how rapidly pages with photographs load to your browser. Artfact will make reasonable efforts to keep your account and
the Subscription Service(s) operational.
However, certain technical difficulties or maintenance may, from time to
time, result in temporary interruptions. We will make reasonable efforts to
notify you at least twenty four (24) hours in advance of any downtime that we
anticipate in advance will exceed one hour. This Subscription Agreement [version 1.50] was last revised and
posted on the Site February 1, 2008 to have effect from and after February 1, 2008. |
