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Terms of Use for LiveArt Market, Inc. — BUYER REGISTRATION AGREEMENT

LAST UPDATED 2025-05-25 Welcome to LiveArt, the leading AI-powered platform revolutionizing the art market through innovative technology solutions. LiveArt Market, Inc., a Delaware corporation, operates our marketplace for traditional fine art within the LiveArt ecosystem. Our platform connects art sellers and buyers through a secure, data-driven environment enhanced by AI analytics, anonymous virtual deal rooms, escrow services, and specialized shipping and storage solutions. As part of the broader LiveArt ecosystem, which is transforming the $10-trillion art and luxury market into a transparent and accessible asset class, we provide traditional art collectors with the tools and security needed to transact confidently in today's digital marketplace.

1. Acknowledgment and Acceptance of the Terms of Use

1.1 Service Provider

These Terms of Use govern your use of various services provided by LiveArt Market, Inc., a Delaware corporation, which operates: The online marketplace in which prospective sellers can offer to sell works of fine art (each, a "Work") to prospective buyers and various related services (collectively, the "Services"). Please note that the LiveArt website located at www.liveart.io, related browser extensions and applications, and certain Microsites ("Site") are owned and operated by LiveArt SA, a Swiss company, in accordance with Swiss legislation. LiveArt Market, Inc. operates its marketplace for Works of fine art within this framework. When we refer to "LiveArt", "us" or "we" in these Terms of Use, we are referring to LiveArt Market, Inc. with respect to the Services we provide. When we refer to "Services" in these Terms of Use, we are referring exclusively to the marketplace for Works of fine art and related services provided by LiveArt Market, Inc.

1.2 Acceptance of Terms

By accessing the Site and/or the Services and/or completing the registration process for an account, you agree to be bound by these Terms of Use and the LiveArt privacy policy and you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Sites or the Services; and (c) your use of the Site and the Services is in compliance with all applicable laws and regulations. We reserve the right to revise these Terms of Use from time to time without notice. We will alert you to any revisions by updating the "Last Updated:" date located above. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use periodically and to be aware of any changes. Your continued use of any Site after changes to our Terms of Use shall constitute your agreement to be bound by the modified Terms of Use.

2. The Services

LiveArt Market, Inc. provides the following services (collectively, the "Services"), which are governed by US regulations:
  • Hosting and maintaining the marketplace for prospective buyers and sellers of Works of fine art;
  • Providing support for the sale of Works, including storing your Work, creating an anonymous virtual deal room for you and the buyer to negotiate the sale with the help of one of our concierges, escrowing the payment, third-party shipping services (including condition checking);
  • Providing a standard Sale + Purchase Agreement (aka "SPA") for the parties to use, as well as concierge services to help facilitate a transaction of Works.
LiveArt Market, Inc. is a facilitator and not a "middleman" in any sale of Works through the Site—we help a seller pass title to an artwork to a buyer in accordance with the terms of the SPA or as otherwise agreed between the buyer and the seller, but do not pass title ourselves. We are creating an efficient marketplace that allows parties to transact securely, lawfully and efficiently. Our job is to facilitate a sale between parties, and we are not acting as any party's agent, advisor, fiduciary, attorney or representative. LiveArt Market, Inc. makes no representations or warranties with respect to the value, condition, authenticity, title or other information concerning any Work, and disclaims any and all warranties, whether express or implied.

3. Registration and Sale Information

3.1 Registration for Services Provided by Live Art Market, Inc. (US)

To access the marketplace for Works provided by Live Art Market, Inc., you will need to register for an account. The specific registration requirements for buying or selling Works are detailed in Section 4 below. When registering, you will be asked to provide Registration Data as defined in Section 3.2.

3.2 General Registration Terms

At the time of registration, you will be asked to provide us with information about yourself including electronic mail address, phone number or other contact information ("Registration Data"). By registering, you agree to the terms set forth herein, that all information provided in the Registration Data is true and accurate, and that you will maintain and update this information as required in order to keep it accurate. The information that you provide us may affect what you can see on the Site, and whether you can transact through our platform. When registering, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. You agree to use a strong password and to keep it confidential. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing of your account. You agree to notify us immediately if your account has been compromised.

3.3 User Content

As part of the Services, users may upload images, photos, video, data, text, price history, medium, dimensions, title, date, provenance, exhibition history, literature and other content and information about their Work, including information in connection with the prospective sale of a Work ("Sale Information"), in order to avail themselves of the full range of Services, as applicable and/or requested by LiveArt (collectively, "User Content"). By uploading the User Content, for content related to Works offered on the marketplace operated by Live Art Market, Inc., you grant Live Art Market, Inc. an irrevocable, perpetual, royalty-free worldwide license to use your User Content as specified in Section 3.4.

3.4 License for User Content

The license you grant to LiveArt Market, Inc. for your User Content allows LiveArt Market, Inc. to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate into User Content, in connection with the Site or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. In addition, you license and authorize LiveArt Market, Inc. (i) to publish the Sale Information on the Site in order for you to offer your Work for sale on our platforms; and (ii) to enable us to improve our Services to use anonymized information to improve the free informational services that it provides, which may provide you with an estimate of the value of your Work, which we will use in providing the Services (e.g., by providing the estimate to potential buyers), and you agree that we may do so unless you opt-out of the AI Services during the registration process. We will not pay you for your User Content or to exercise any rights related to your User Content set forth in the preceding sentence. We may remove your Sale Information at any time without your consent or notice to you if we deem it necessary in our sole discretion. For all User Content, you represent and warrant that you have the necessary licenses, rights, consents and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize us to access and use your Sale Information as necessary to exercise the licenses granted by you under these Terms of Use. You acknowledge that communications with us and the Services are not confidential, and your communications may be read or intercepted by others. You agree that by uploading User Content or communicating with us or the Site or using the Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and us, or any of our affiliates other than pursuant to these Terms of Use. We shall not be responsible for the payment of any money to any party in connection with our use of User Content or communications submitted by you for the Services or to the Site.

4. Buyer Registration Specific Terms; Purchasing a Work

4.1 Buying Works through LiveArt Market, Inc.

You must register as a "Buyer" on our Site in order to buy Works and in doing so, you authorize us or our agent to carry out "Know-Your-Client" reviews, "Anti-Money-Laundering" reviews and a credit check (collectively, "KYC Checks") as further set forth below. You acknowledge and agree that we retain sole discretion as to whether you may register as a Buyer on our Site. When you register for yourself to buy a Work or as an agent or representative ("Agent") of someone else (whether one or more individuals or entities) who wishes to buy a Work (singly or collectively, the "Principal"), in order for us to ensure that we can provide you our Services facilitating the sale and purchase of Works on our Site and to carry out our KYC Checks, we will ask you to provide the following information ("KYC Information"):
  • If you or your Principal are an individual: proof of your identity or, if you are an Agent, your Principal's identity, as applicable, by sharing a copy of a valid government-issued identification and recent proof of your or your Principal's current address, as applicable.
  • If you or your Principal are a business entity, a copy of a valid government-issued identification of your entity or, if you are an Agent, your Principal's entity (for example, your certificate of incorporation), as applicable, and proof of the ultimate beneficial individual owner of the applicable entity.
We, or one of our agents, will conduct a KYC Verification using the KYC Information you submit to us. The processing of your KYC Information will be subject to Onfido's Privacy Statement, which is located here [link]. Upon review of your KYC Information, we may request as part of your registration additional information, including appropriate financial references. Representations and Warranties. If you are registering yourself as a Buyer, in addition to any representations and warranties contained herein, by applying to register and registering as a Buyer, you represent and warrant that:
  • The KYC Information is true and accurate;
  • You are not subject to economic or financial sanctions under the law of any country, including U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury; the United Nations Security Council; the European Union or Her Majesty s Treasury or any other economic or financial sanctions or any equivalent measure;
  • You have not been convicted of a terrorist, money-laundering or other financial crime and have no reason to believe that you have been charged with, or are being investigated, in connection with any such crime; and
  • You are not a prominent employee, agent, or representative of any governmental or quasi-governmental agency and have not been identified as a politically exposed person.
Agent Specific Terms:
  • In order to register as an Agent, you must inform us in writing that you are acting as the exclusive Agent of the Principal with respect to the Work, and have disclosed to us the identity of the Principal at the time of sale.
  • Representations and Warranties. If you are acting as Agent, in addition to any representations and warranties herein, you represent and warrant on your behalf and on behalf of your Principal:
  • The Principal has authorized you to seek to purchase a Work for sale on our Site and authorized you to (a) make the representations and warranties under these Terms of Use and (b) enter into any SPA to which you agree on the terms and conditions in that SPA;
  • The arrangements between you and your Principal do not involve tax fraud or tax evasion;
  • You have disclosed, and will continue to disclose, all material information relating to the Principal;
  • You have conducted customer due diligence on the Principal and confirm that the Principal:
  • — is not subject to economic or financial sanctions under the law of any country, including U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury; the United Nations Security Council; the European Union or Her Majesty s Treasury or any other economic or financial sanctions or any equivalent measure;
  • — has not been convicted of a terrorist, money-laundering or other financial crime and you have no reason to believe that the Principal of the work has been charged with, or is being investigated, in connection with any such crime;
  • — and is not a prominent employee, agent, or representative of any governmental or quasi-governmental agency and has not been identified as a politically exposed person.
  • You will retain for five years the documentation reflecting your due diligence and will provide LiveArt or its agents with copies of such documents if reasonably requested by us in writing.
Additional Buyer terms. You expressly agree:
  • To keep information about the sale of the Work, including the identity of the seller of the Work ("Seller"), strictly confidential;
  • Not to, and not make any effort to, communicate with a Seller except through us;
  • Not to make any effort to learn the identity of a Seller unless, upon advice of legal counsel, you have a reasonable good faith belief that there is a lawful basis to seek the identity of such Seller (e.g., if you believe in good faith that the sale was in any way unlawful or that there is a lawful claim for breach of the SPA);
  • If the Seller, upon advice of legal counsel, has a reasonable good faith belief that Seller has a lawful basis to seek Buyer's identity (e.g., if a Seller believes in good faith that the sale was in any way unlawful or that there is any lawful claim for breach of the Sale Agreement), you hereby authorize us to disclose your identity to Seller as necessary;
  • That we are providing a marketplace and platform for you to purchase a Work from a Seller on terms that you and a Seller agree to in an SPA and that LiveArt makes no representation and warranty to you of any kind, including but not limited to, about a Seller, the value of the Work, any services arranged for you or Seller by LiveArt, or any implied warranties, all of which are specifically disclaimed.

4.2 Purchase Terms

Once you have registered with us, you will be able to purchase Works on the Site directly from a Seller, to whom we will virtually and anonymously introduce you. Our concierge ("Concierge") or another member of our team will facilitate the introduction and the negotiations. Once you and the Seller have entered into an SPA by virtually signing our standard form SPA, or a modified standard form SPA as modified by you and the Seller via anonymous chat, with or without the help of our Concierge, the Work will be shipped to a fine art warehouse (the "Warehouse") and you will deposit the agreed purchase price and any other fees in our account to be escrowed. Once all conditions of the SPA and these Terms are satisfied, title will be passed to you in the Warehouse so that the purchased Work can be delivered to you (arranged by you under our online shipping process) or stored at the Warehouse under an account you set up.

5. Privacy

The personal data we gather about you on the Site, including, but not limited to, the Registration Data, is subject to our Privacy Policy. When registering, you will agree to receive marketing communications by electronic mail from us unless you let us know that you wish to opt-out of receiving those communications. You may opt out of receiving direct marketing communications in accordance with our Privacy Policy. For other notices, we may communicate with you by electronic mail or direct mail using information you provide to us. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. Please note that while LiveArt Market, Inc. is responsible for the Services described in these Terms, certain website infrastructure (including hosting, analytics, and registration functionality) is owned and operated by LiveArt SA, a Swiss company. Where personal data is processed by LiveArt SA, such processing is governed by the Swiss Federal Act on Data Protection (rev. FADP, 2023). Where personal data is processed by LiveArt Market, Inc., such processing is governed by applicable U.S. privacy laws. By using the Site or Services, you acknowledge and agree that your data may be processed in, and subject to the laws of, more than one jurisdiction.

6. Fees

There are no fees for accessing the Site but there are fees for buying and selling a Work, including as set forth in the SPA and any other applicable contract of sale. You are solely responsible for providing, at your own expense, all equipment necessary to access and use the Services, including a computer and modem, and your own Internet access (including payment of service fees associated with such access). We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third-party should we exercise such right. Modifications may include the implementation of fee-based services or changes to the existing pricing structure. Any new features that augment or enhance existing Services on the Site shall also be subject to these Terms of Use.

7. User Conduct on Site

By using the Site and/or the Services and/or posting Sale Information, you agree not to: use the Site or the Services for unlawful purposes, in violation of any applicable local, state, national or international law, or to promote any unlawful activities (including, without limit, engaging in any intellectual property infringement); impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to us or any third party under false pretenses; upload or post any Sale Information that infringes, misappropriates, or encourages infringement or misappropriation of the intellectual property, confidentiality or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false; post, reproduce, publicly display or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals; remove or modify any copyright, trademark or other intellectual property notices that appear in the Services or on any images or other content made available on the Site; upload invalid data, viruses, worms or other software agents to the Services; reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services; distribute or post spam or other unsolicited messages, chain letters, pyramid schemes or similar communications through the Services; interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services; conduct automated queries through the Site (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions or any other automated activity) with the purpose of obtaining data or other information from the Services; take any action that imposes an unreasonable or disproportionately large load on LiveArt's infrastructure; access or use any of the Services to develop competitive products or services; or attempt to, or permit or encourage any third party to, do any of the above. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

8. Third-Party Websites and Information

The Site may link you to other websites on the Internet or otherwise include references to information, databases, websites, documents, software, materials, and/or services provided by other parties, including our affiliates. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied. If you decide to access linked third-party websites, you do so at your own risk.

9. Materials on the Website

The Site is owned and operated by LiveArt SA, a Swiss company, while the marketplace for Works of fine art is operated by LiveArt Market, Inc. within this framework. User interfaces, website design and layout, information, trademarks, services marks, data, code, software, graphics, algorithm and other elements of the Services (the "LiveArt Materials") are protected by intellectual property and other laws and are the property of LiveArt SA, LiveArt Market, Inc., and their third-party licensors as applicable. The LiveArt Materials may contain inaccuracies or typographical errors. You agree not to sell, resell, reproduce, duplicate, copy, or use for any purposes any portion of the Site, or use of or access to the Site and/or the Services. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. LiveArt does not assert copyright ownership in the Works depicted on the Site. Any use of the artwork or the images is subject to the copyright owner's permission and the requirements of applicable law. We make no warranty or representation that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. The Site is not intended for minors and the Site may contain art that includes nudity or other graphic or literary content that some people may consider offensive.

10. Claims of Copyright Infringement

LiveArt respects the intellectual property of others, and we ask you to do the same. If you believe that your copyright has been infringed, you should notify our Designated Agent (as identified below) immediately. To be effective, the notification must include: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work claimed to have been infringed; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address; Identification of the material that is allegedly infringing and a description of where the allegedly infringing material is located on the Site; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent or the law; and A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is the copyright owner or authorized to act on behalf of the copyright. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), ("DMCA"), you can send your notification to our Designated Agent: Designated Agent for Copyright Infringement notifications: Attention: Data Protection Officer Live Art Market, Inc. 700 Rockland Road Rockland, DE 19732 [email protected]

11. DISCLAIMERS, INCLUDING A DISCLAIMER OF WARRANTIES

WE PROVIDE THESE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT LEGALLY PERMITTED, AND AS SET FORTH IN THE SPA, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE DISCLAIMERS ARE GOVERNED BY US LAW. WE MAKE NO WARRANTY THAT OUR SERVICES AND MATERIALS WILL (A) MEET YOUR REQUIREMENTS, (B) BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE, (C) THAT THE RESULTS OBTAINED FROM OUR SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THAT THE INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND POSSIBLE USEFULNESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE. SOME JURISDICTIONS, STATES, PROVINCES, ETC. DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

For services provided by LiveArt Market, Inc., the following limitations of liability are governed by US law: IN NO EVENT SHALL LIVEART MARKET, INC. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OR CORRUPTION OF DATA, ANY DIRECT OR INDIRECT LOSS OF SAVINGS, REVENUE OR PROFITS OR ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES PROVIDED BY LIVEART MARKET, INC. FURTHER, LIVEART MARKET, INC. SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES LINKED THROUGH THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify and hold us and our affiliates harmless from all liabilities, claims and expenses, including legal expenses such as attorney's fees, that arise from your use or misuse of the Site and/or the Services, including, but not limited to, Sale Information that infringes the rights of a third-party or is uploaded without the consent of the owner or the use of any documents or information from the Site for purposes other than education and research. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You expressly waive any right to participate in class actions or collective lawsuits. Any claims must be brought on an individual basis and cannot be consolidated with others. If a court or arbitrator determines that this class action waiver is unenforceable, then any such claim must be brought in court, and the arbitration provisions of these terms will not apply.

14. Participation in Promotions

From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site and/or the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, including, at our sole discretion, your Sale Information and bar any further access to the Site. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1-16 of these Terms of Use shall survive any termination.

16. Governing Law

All content and services related to the marketplace for Works provided by LiveArt Market, Inc. are based in the United States of America and are provided for access and use in accordance with the laws of the United States. These Terms of Use, as they relate to services provided by LiveArt Market, Inc., shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of law rules and principles. You agree that any disputes, claims or controversies arising out of or relating to this Agreement between yourself and LiveArt Market, Inc. shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration in New York County, New York pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any award may be entered in any court having jurisdiction, both parties waive any objection which they may have now or hereafter to the laying of venue in Delaware or the exclusive jurisdiction of JAMS over the Parties. All content on the Site and the Services are provided for access and use only by persons located in jurisdictions where such access and use is legal. You acknowledge that you may not be able to access all or some of the content and Services outside of certain jurisdictions and that access may not be legal by certain persons or in certain countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any service or information available through the Site is void where prohibited. The prevailing party as determined by the relevant arbitrator or court will be entitled to recover the costs of the dispute, including reasonable attorneys' fees and other costs, plus interest at the rate authorized by the applicable law. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

17. Notices/Contact Information

All notices to a party shall be in writing and shall be made either via electronic mail or commercial overnight carrier mail. For notices to LiveArt Market, Inc., send to: Attention: Data Protection Officer Live Art Market, Inc. 700 Rockland Road Rockland, DE 19732 [email protected] Notices to you may be sent either to the electronic mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

18. Miscellaneous

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
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