Terms and Conditions for using the Art Market Research Tools
Revision: April 2013
afp consulting GmbH (hereinafter AFP) is active in the field of art market research and provides art investing services. It was founded in 2010 and is registered in the Swiss Commercial Register under company number CH-020.4.042.983-8. The company’s headquarter domicile is Zurich.
By accessing the website www.artmarketanalyses.com (hereinafter website) via any web address or URL link whatsoever, and / or by buying subscriptions or individual services, the user (hereinafter customer) expresses his agreement to the entire content of these terms and conditions in the form of a user agreement (hereinafter contract).
1. Site Content, Property and Use
AFP reserves all copyright and other intellectual property rights on all pages of the website including layout, software and content thereof. Customers are only allowed to use the content for their own personal purposes.
The transfer of content from the website to third parties (even partially) is not permitted without the prior consent of AFP.
Any use of content for commercial purposes is prohibited, unless AFP has given its prior written agreement in individual cases. The customer agrees that he will not use the content or components thereof to create a derivative work, product, or derivative service.
AFP reserves the right to terminate or restrict the website (like e.g. to limit the number and frequency of queries and consultations effected on its site) as a whole or any part thereof at any time. This includes free services and offers, and especially the sections subject to subscription.
The customer can make no demands or claims for damages due to termination or restriction. The provisions for termination shall apply (section 7).
2. Absence of Guarantee and Limitation of Responsibility
AFP grants no guarantee that the content meets the expectations of customers, or that customers may achieve a specific, pursued objective through the use of the content.
AFP grants no guarantee of the website being available to customers at certain times. In particular, we assume no liability in the event of malfunctions, interruptions or any possible failure of the website.
The content published on the website also includes information provided by third parties. We and our data suppliers do not guarantee the accuracy, completeness, or up-to-datedness of the content, thus any warranty is excluded.
No representations or warranties either expressly stated or implied concerning the accuracy, merchantability, fitness for a particular purpose are given. Nor is a warranty of any other nature made or given with respect to the content or any other views presented by AFP or third parties.
On the website, AFP presents information for the valuation of works of art and the financial performance of artists, art categories and the like. However, by providing these performance data, charts, forecasts, art market indexes, etc., we do not give investment advice or make recommendations for art investments and we do not practice any form of art investment brokerage; neither do we invite the user to purchase or sell works of art. Performance data are based on past art market transactions and do not guarantee similar results in the future. Customers are encouraged to make their own art investment decisions, independent of the art market information on this website.
The website includes links to other websites. We do not adopt the content of third party websites as our own. AFP grants no guarantee that the content provided on third party websites is true, correct, lawful or legally defensible. AFP grants no guarantee that third party websites are free from viruses.
3. Disclaimer of Warranty and Limitation of Liability
AFP accepts no explicit or implicit guarantee for the content of this website, or for omissions therein, or for individual art market analyses, art valuations, etc. (hereinafter reports). We strive to keep mistakes to a minimum; however we disclaim all liability for errors and / or incomplete information that may be included on the website or in the reports.
The customer hereby explicitly waves the right for any claim or legal action with respect to contract violation or to other motives with reference to liability for damages due to incorrect information from the website and all reports provided by AFP. Any and all associated liability on the part of AFP is excluded.
Furthermore, AFP is not liable for any claims due to:
- Any type of interruption that restricts access to the website or renders such access impossible.
- Non-fulfilment of the contract due to events beyond its control, such as war, strikes, floods, governmental restrictions, power failure or damage to or destruction of network equipment.
On opening his account, the customer decides to purchase either a subscription or reports. The period of validity of a subscription depends on the type of subscription. All payments are made exclusively by credit card. The customer is responsible for ensuring that his credit card information is accurate and up to date.
AFP reserves the right to suspend or terminate subscriptions without prior notice if the credit card company refuses to make payments. Notwithstanding this condition, the costs arising from rejection of payment will be charged to the customer.
5. User declaration and Use of the Website
The customer declares and warrants that he is at least 18 years old and meets the legal requirements for entering into this contract and purchasing the offer.
The offer consists of the information on the Website, the user rights thereto, and the respective standard and individual reports. The contractual relationship begins when we activate the access data selected by the customer.
The use of the user account is personal. Therefore, the customer may neither assign or transfer, nor sublicense his user rights to anyone. AFP reserves the right to refuse the use of the account to customers - especially on violation of these terms and conditions. Unless otherwise agreed, use of the offer is limited solely to the customer and is not transferable or extendable to third parties. The customer may not assign, sublicense, transfer, modify, or otherwise dispose of his rights without the prior written agreement of AFP.
With regard to registration, the customer undertakes to provide complete and accurate information about his identity, address, telephone number and credit card information.
AFP accepts no responsibility for misuse of the customer’s username and password.
AFP endeavours to regularly update and expand the database and resulting offer. However, the customer has no right to demand such extensions. Existing customers derive additional benefit from this activity; however this does not justify retroactive claims. This applies especially to reports that are disseminated on the website. AFP explicitly reserves the right to make individual reports available to all customers.
The customer agrees to indemnify, defend and hold harmless AFP and its content providers from all third party claims arising in connection with contract violation by the customer or third party with regard to the use of the offer provided by AFP. If such violation by the customer or third party gives rise to a claim, the party concerned shall bear all associated legal costs, including attorney and court costs.
7. Termination and Cancellation
If the customer has purchased an offer with a one-time payment, such as e.g. an annual subscription, he agrees to pay the fee for the selected subscribed service in advance. The credit card specified by the customer during the registration process will automatically be charged for this service. Subscriptions automatically lapse on expiry of the purchased number of months.
AFP does not refund any one-time payments (e.g. annual or half-year subscriptions) or payments executed for reports. This applies in particular to terminations and restrictions as described in section 1 of these provisions, and to all early terminations by the customer.
8. Other Regulations and Legal Jurisdictions
Swiss law applies exclusively to these terms and conditions and to the relationship between the customers and AFP. The place of jurisdiction is Zurich.
If one or more of the provisions of these terms and conditions is or shall become invalid, this shall not affect the validity of the remaining provisions.
We reserve the right to change these terms and conditions at any time with effect for the future. If the customer continues to use the services of AFP after notification of such changes, this shall be interpreted as his acceptance of the said terms and conditions. If the customer does not agree to the changes, he must inform AFP within 30 days of notification of the changes.