Search
Login

Platinum Art Lending, Finance (non resource), Loan and Art Capital

You are here: Home » terms & conditions
E-mail Print PDF

TERMS AND CONDITIONS

WWW.PLATINUMART.COM INTERNET SITE TERMS OF USE

PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS SITE.

 

USER AGREEMENT

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by PlatinumArt LLC., and its affiliates including, but not limited to, PlatinumArt LLC. (collectively: "PlatinumArt LLC" or "We"). By using the Site, you agree to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement and the revision date at the top of this page periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any changes made to this Agreement constitutes your agreement to be bound by any such changes. PlatinumArt may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

RESTRICTIONS ON THE USE OF SITE CONTENT

The text, data, articles, photos, images, logos, music, sound and other information (collectively, "Content") on this site is owned by PlatinumArt or its Content providers and is protected by U.S. and International intellectual property and copyright laws and treaties. You acknowledge that the Content is and shall remain the property of PlatinumArt or is Content providers. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without PlatinumArt's prior specific written approval.

TRADEMARKS

PlatinumArt LLC (including the PlatinumArt logo), PlatinumArt.com, and all related logos (collectively the "The PlatinumArt Trademarks") are trademarks or service marks of PlatinumArt. Other company product, service names, images and logos used and displayed on this Site may be trademarks or service marks owned by PlatinumArt or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the PlatinumArt trademarks displayed on this Site. We prohibit use of any of the PlatinumArt Trademarks for any purpose, including as part of a link to or from any site.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the "Digital Millennium Copyright Act") to PlatinumArt's designated agent. Notification should include:

  • 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 you claim is infringing is located on the Site;
  • 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 duly authorized to act on the copyright owner's behalf.

Any links from the Site to any website

Any links from the Site to any website that is not owned, operated, controlled or maintained by PlatinumArt (a “Third Party” and “Third Party Site”, respectively) are provided strictly and solely for convenience. Should you choose to click on a link for a Third Party Site, you will leave the Site and enter an external website owned, controlled, maintained and/or operated by a third-party that is solely responsible for its own contractual obligations and financial conditions, and which is not affiliated with PlatinumArt. PlatinumArt (i) does not endorse or recommend the Third Party or any of its services (ii) does not endorse nor guarantee the offerings, products, information or recommendations provided by any Third Party Site; (iii) does not control nor is responsible for the content, products and/or services provided by any Third Party Site; (iv) is not liable or responsible for any and all failure of the products, content or services advertised on or provided through any Third Party Site. The privacy policies and terms and conditions of Third Party Sites are different and separate from those appearing on the Site, and a Third Party Site may not be as secure as the Site.

PlatinumArt's agent for notification of claimed copyright infringement is: Alex Kaplun, Esq.
Golenbock Eisman Assor Bell & Peskoe LLP. 437 Madison Ave., 40th Floor. New York, NY 10022

DISCLAIMER OF WARRANTIES

THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, PLATINUMART LLC AND ALL OF ITS AFFILIATED ENTITIES (JOINTLY “PLATINUMART”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, AND/OR FITNESS FOR ANY OTHER PARTICULAR PURPOSE. PLATINUMART MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, AND/OR MAY BECOME INACCURATE DUE TO EVENTS WHICH MAY HAVE TAKEN PLACE FOLLOWING THE TIME THE WEBSITE AND WEB PAGE CONTENT WAS PREPARED AND/OR PUBLISHED. PLATINUMART HAS NO OBLIGATION TO MAINTAIN THE CURRENCY AND/OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. FURTHER, PLATINUMART WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR MISINFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECTS IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. PLATINUMART WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO THE USE OF THIS WEBSITE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL PLATINUMART BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE, OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED, REGARDLESS OF WHETHER PLATINUMART HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION. PLATINUMART IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT PLATINUMART PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

NO BINDING OFFER

This website and the content thereof does not constitute a binding offer or soliciation to buy or sell any product, service or information. The information contained wiithn this website is not and shall not be deemed to be part of any prospectus or offering memorandum. No user of this website should rely on information contained within this website in making an investment decision, a credit decision, or calculating the timing or amount of a nypayments. It is the sole responsibility of the user to check the accuracy of assumptions or other information contained within this website.

MONITORING OF THE SITE

PlatinumArt has no obligation to monitor the Site; however, you acknowledge and agree that PlatinumArt has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, graphics, or other submissions communicated to PlatinumArt through this Site (collectively, "Submissions") will be deemed and remain the property of PlatinumArt. PlatinumArt is entitled to use any Submission for any purpose, Pursuant to PlatinumArt’s Privacy Policy, without restriction or compensation to the individual who has provided the Submission. PlatinumArt’s Privacy Policy is available through this Site.

INDEMNIFICATION

You agree to indemnify and hold harmless PlatinumArt from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the PlatinumArt in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to, or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims without compensation. PlatinumArt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of PlatinumArt. You further agree to indemnify PlatinumArt and hold it harmless from any and all claims arising from a third party's use of information or materials of any kind that you posted in a public area of this Site.

LINKS TO THIRD PARTY SITES

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED, OWNED, AND OPERATED BY THIRD PARTIES (THE "THIRD PARTY SITES"). PLATINUMART CANNOT CONTROL AND HAS NO RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION PROVIDED ON THE THIRD PARTY SITES. YOU ACKNOWLEDGE THAT USE OF ANY THIRD PARTY SITES IS GOVERNED BY THE TERMS OF USE FOR THOSE WEBSITES AND NOT BY THIS AGREEMENT. LINKS TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY PLATINUMART OF SUCH SITES OR THE CONTENT, PRODUCTS, ADVERTISING, OR OTHER MATERIALS PRESENTED ON SUCH SITES, BUT ARE THERE FOR YOUR CONVENIENCE AND YOU AGREE TO ACCESS THEM AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES. PLATINUMART SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED ON SUCH SITES OR OTHERWISE.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

PlatinumArt's practices and policies with respect to the collection and use of personally identifiable information is governed according to PlatinumArt's Privacy Policy, which is available through this Site.

USER CONDUCT


You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

PlatinumArt makes no representation that the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

This Agreement is effective until terminated by PlatinumArt, which may be done at any time. PlatinumArt may suspend or terminate your access and use of the Site at any time, with or without cause, in PlatinumArt's absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, Applicable Law and Dispute Resolution, and any other provision that by its terms survives termination of your use or access to the Site.

GENERAL PROVISIONS

Failure by PlatinumArt to enforce any provision(s) of this Agreement shall not constitute a waiver thereof. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by PlatinumArt, shall be exclusively brought in the federal, state, or local courts located in the State of New York, County of New York and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.

CONTACT US

If you have questions regarding the Agreement or the practices of PlatinumArt, please contact us at Alex Kaplun, Esq., Golenbock Eisman Assor Bell & Peskoe LLP. 437 Madison Ave., 40th Floor. New York, NY 10022