General Website Terms of Use

 

  1. Terms of use

These general website terms of use (together with any documents referred to in them) set out the terms on which you may make use of this website (Site), whether as a guest or a registered user. Please read these general terms of use carefully before you start to use the Site. By using the Site, you confirm that you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, you have no right to use the Site and you should leave immediately.

Separate terms govern our provision of opinions to owners/collectors.   

  1. Information about us

This Site is operated by RAISONNÉ LTD, a UK company (registration number 11013130) with registered office at 16 Stewart Close, Abbots Langley, Watford, Hertfordshire, WD5 0LU (us, we, our).   

  1. Accessing and using the Site

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Site or the content displayed there without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or the entire Site, whether to guests or to users who have registered with us.

You are granted a personal, non-transferable, non-sub licensable, non-exclusive license to access and use the Site only for your own non-commercial personal use, conditional upon your compliance with these terms of use.

You are responsible for making all arrangements necessary for you to have access to the Site.  You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them. 

  1. Intellectual property rights

The materials and content on the Site are owned by us or by third parties. Those materials are protected by intellectual property laws and treaties around the world and all such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal, non-commercial use and reference and you may draw the attention of others to material posted on the Site. 

You may not modify any materials you print off or download from the Site, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors or copyright owners) as the authors of material on the Site must always be acknowledged and you must not remove any watermark, copyright warning or other device or mark contained on the said materials.

You must not use the materials on the Site (or any part of them) for commercial purposes without obtaining a licence to do so from us or our licensors or contributors.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Reliance on information posted

Commentary and other materials posted on the Site, including all opinions, are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or opinions by any visitor to the Site, or by anyone who may be informed of any of its contents.

  1. Our Site changes regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we make no representation in respect of the currency of such material.

  1. Our liability

The materials and opinions displayed on the Site are provided without any guarantees, conditions or warranties as to their accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude, (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it or any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of sales, loss of opportunity, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; always provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

  1. Information about you and your visits to the Site

We process information about you in accordance with our Privacy Policy.  By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

  1. Uploading material to the Site

Whenever you make use of a feature that allows you to upload material to the Site (including any blog associated with our Site), write reviews or otherwise make contact with or influence other users of the Site, you must comply with the prohibited uses and content restrictions set out below.  You warrant that any such contribution shall comply with those standards, and you indemnify us for any breach of that warranty.  We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the standards set out in these terms of use.

Any material you upload to the Site will be considered non-confidential and non-proprietary, and (unless otherwise agreed) we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

  1. Prohibited uses

You may use the Site only for lawful purposes. 

You may not use the Site:

You also agree not to reproduce, duplicate, copy or re-sell any part of the Site or any materials on the Site and not to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site, or any equipment or network or software owned or used by any third party.

  1. Content standards

These content standards apply to any and all material which you contribute to the Site, including any contributions relating to any blog operated by us (‘Contributions’). You must comply with the spirit, as well as the letter, of the following standards, which apply to the whole or any part of any contribution.

Contributions must:

Contributions must not:

  1. Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

  1. Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site. You may you create a link to any part of the Site provided that the website from which you are linking must comply in all respects with the standards set out in these terms of use. We reserve the right to refuse or withdraw linking permission at our discretion at any time.

If you wish to make any use of material on the Site other than that set out above, please address your request to admin@eb-j.org.

  1. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

  1. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

  1. Your concerns

If you have any concerns about material which appears on the Site, please contact us by email at admin@eb-j.org.

 

Conditions for Opinions

  1. About us

This website (Site) is operated by EB-J.org Limited, a UK company (registration number [ ● ]) with registered office at 16 Stewart Close, Abbots Langley, Watford, Hertfordshire, WD5 0LU (us, we, our).  This Site and the materials, content and views made available via the Site comprises a Catalogue Raisonné of the artworks of Sir Edward Burne-Jones (Catalogue).

These terms and conditions (Terms) apply to any and all opinions (Opinion(s)) provided by us to you, the person requesting the Opinion (you, your).  All other opinions, content and views, and use of our Site generally, are governed by our general website terms of use [INSERT LINK], which are hereby incorporated into these Terms by reference.

These Terms are legally binding upon you, so please read them carefully. By requesting or commissioning an Opinion, you confirm that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you should leave immediately.

  1. Opinions

You understand and accept that the formation of an Opinion in relation to a work of art (Artwork), whether in relation to authenticity or otherwise, is a subjective process for which no guarantees or promises can be given. The Opinion is purely a viewpoint, nothing more. It is given in the context of evidence which may be limited or incomplete and, in most cases, is based on photographic evidence. The Opinion is arrived at after the application of expertise and experience and the assessment of the available evidence but it is only a viewpoint, in respect of which we cannot and do not give any warranties, guarantees or promises whatsoever, whether with respect to accuracy or otherwise. This is a fundamental condition for our provision of any and all opinions, which you hereby agree and accept.

The content of the Opinion is at our entire discretion. The Opinion may, for example, conclude that the Artwork is or is not by Burne-Jones, it may be inconclusive as to authorship or it may be qualified or conditioned in certain ways, depending upon the circumstances and the evidence provided to us. We reserve the right to refuse to provide an opinion as well as the right to change, qualify or otherwise revise an Opinion if circumstances change or new or further information comes to light which, in our view, justifies a change. If we do revise an Opinion, it will override and replace the relevant previous opinion.

The Opinion is for your exclusive use and benefit and we have no responsibility to any third party in that regard. The Opinion is for information only and for no other purpose. Specifically, we bear no responsibility with respect to any decision you may make or steps you may take or omit to take on the basis of the Opinion.  

All Opinions are provided by us, EB-J.org Limited, and not by our employees, officers, agents, suppliers, consultants or contractors (Personnel). You agree and accept that our Personnel have no responsibility or duty, contractual, tortious or otherwise, towards you.

Unless otherwise agreed in writing, we have the right to publish all Opinions we provide, including but not limited to publication on our Site and in connection with any activities concerned with the Catalogue. We also reserve the right to provide the Opinion to anyone who, in our view and at our discretion, has a scholarly or economic interest in the matter concerned.

  1. Your Obligations

You agree to promptly provide us with such information and materials as we may reasonably require, including but not limited to all relevant background and historical information, photographs, documents, images and proof of purchase or ownership, (together, Information) and ensure that the Information is true, accurate and complete in all respects.  You acknowledge that our ability to provide an Opinion depends on you satisfactorily complying with your obligations hereunder and that should you delay or fail to perform any such obligations then we will not be liable in any way for any delay, loss or damage, cost increase or other consequence arising from such delay or failure.

All Information you provide will be retained by us and you hereby grant us a non-transferable, non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to retain and use the Information for all purposes in connection with the Catalogue.   

You are fully responsible for all costs and expenses you incur in connection with the provision of Information, including but not limited to all transportation, storage and insurance costs.

We agree to hold your Information in confidence, save that you agree we may publish the Information, including provenance information, in connection with the Catalogue. 

You represent and warrant that you (and anyone acting on your behalf, such as an agent or other representative) have the right to provide us with the Artwork and/or the Information and that our receipt and use of the same will not breach any laws, regulations or codes and will not infringe any third party rights.

Where visual inspection of the Artwork is carried out at our premises or at any agreed third party premises you are responsible for all shipping, packing and other related costs and expenses, including insurance of the Artwork for its full value against any loss or damage whilst in transit or in our possession or the possession of any third party. You agree and accept that we have no responsibility for any such costs, expenses or insurance and you hereby agree to indemnify and hold us harmless against any claim or liability arising out of any loss or damage to the Artwork, whether during transit, inspection or otherwise.  If we are required to inspect and view the Artwork at third party premises, you will be responsible for any reasonable costs and expenses we incur in connection with the said inspection. 

  1. Waiver & Indemnity

You hereby waive any and all claims and rights of action against us and our Personnel in connection with (i) our inspection of the Artwork, (ii) the Opinion, including all research, preparation, drafting and content connected therewith, and any amendments to the same, (iii) any use, disclosure, reproduction or dissemination of the Information or the Opinion, and (iv) any publication of the Artwork in the Catalogue.

You hereby agree to defend, indemnify and hold us and our Personnel harmless from and against any and all claims, causes of action, liabilities, losses and damages, and all costs and expenses related thereto, including reasonable attorneys’ fees, made by any third party, including (without limitation) any prior or subsequent owner(s) of the Artwork, based upon, arising out of or connected with (i) our inspection of the Artwork, (ii) the Opinion, including all research, preparation, drafting and content connected therewith, and any amendments to the same, (iii) any use, disclosure, reproduction or dissemination of the Information or the Opinion, and (iv) any publication of the Artwork in the Catalogue. 

  1. Limitations and Exclusions

This section 5 sets out our entire financial liability (including any liability for the acts or omissions of our Personnel) to you (i) arising under or in connection with any services we provide, including the provision of Opinions, (ii) in respect of any use made by you of those services or any Opinion, and (iii) in respect of any representation, statement or tortious act or omission (including negligence).

Unless otherwise provided in these Terms:

(a)     you assume sole responsibility for results obtained from the use of the Opinion and for conclusions drawn from it. We have no liability for any damage caused by errors or omissions in any Information or instructions provided by you or any actions taken by us at your direction; and

(b)     all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded including (without limitation) any implied term(s) as to satisfactory quality or fitness for purpose.

Nothing in these Terms excludes our liability (a)        for death or personal injury caused by our negligence, (b) for fraud or fraudulent misrepresentation; or (c) for any other liability which may not be excluded or limited under applicable law.

Subject to the aforementioned, (a) we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for (i) any loss of profits, loss of business, loss of sales, loss of opportunity, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, in each case whether direct or indirect, or (ii) any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and (b) our total aggregate liability, whether arising in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the lower of £200 or 150% of the fees paid or payable by you during the 12 months immediately preceding the date on which the claim arose.

Any and all exclusions, restriction and limitations in these terms are intended to be separate and severable. If any such terms shall be held to be void but would be valid if part of their wording were amended, such terms shall apply with such minimum amendment as may be necessary to make them valid or effective.

  1. Jurisdiction and applicable law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, the matters set out in these terms and you specifically waive and relinquish all and any rights it to bring a claim in any other jurisdiction or forum. Should it be required, we retain and reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.