ℙ𝕆𝕃𝕀ℂ𝕐 & ℙℝ𝕆ℂ𝕌𝔻𝕌ℝ𝔼𝕊

𝔻𝔼𝕊ℂℝ𝕀ℙ𝕋𝕀𝕆ℕ 𝕆𝔽 𝕊𝔼ℝ𝕍𝕀ℂ𝔼𝕊:

In the Site, 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 provides users with access to sales of luxury resale items and art online and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

𝕃𝕀ℂ𝔼ℕ𝕊𝔼 𝔸ℕ𝔻 𝕊𝕀𝕋𝔼 𝔸ℂℂ𝔼𝕊𝕊:

𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 sole discretion) an unreasonable or disproportionately large load on 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥l to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥.

𝔻𝕀𝕊ℂ𝕃𝔸𝕀𝕄𝔼ℝ 𝕆𝔽 𝕎𝔸ℝℝ𝔸ℕ𝕋𝕐:

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

𝕃𝕀𝕄𝕀𝕋𝔸𝕋𝕀𝕆ℕ 𝕆𝔽 𝕃𝕀𝔸𝔹𝕀𝕃𝕀𝕋𝕐:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

𝔼𝕃𝔼ℂ𝕋ℝ𝕆ℕ𝕀ℂ ℂ𝕆𝕄𝕄𝕌ℕ𝕀ℂ𝔸𝕋𝕀𝕆ℕ:

When you use the Site, Service or send emails to 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥, you are communicating with 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 electronically. You consent to receive communications electronically from 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 and its Site Affiliates (as defined in the Privacy Policy). 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 l will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

𝕄𝕆𝔻𝕀𝔽𝕀ℂ𝔸𝕋𝕀𝕆ℕ 𝔸ℕ𝔻 ℕ𝕆𝕋𝕀𝔽𝕀ℂ𝔸𝕋𝕀𝕆ℕ 𝕆𝔽 ℂℍ𝔸ℕ𝔾𝔼𝕊:

𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy Policy at any time. If 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥.com to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.

After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

𝕋ℝ𝔸𝔻𝔼𝕄𝔸ℝ𝕂𝕊:

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

𝔾𝔼ℕ𝔼ℝ𝔸𝕃:

If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 may offer special promotional offers which may or may not apply to your 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 will be governed by the laws of the State of California without regard to its conflict of law provisions. You and 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 agree to submit to the personal jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and 𝔻𝕖𝕤𝕚𝕘𝕟𝕖𝕣 𝕏 𝔻𝕚𝕤𝕔𝕣𝕖𝕖𝕥 with respect to the Site or Service.