Price Database

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The Price Database Fine Art and Design is an illustrated online database of all major Fine Art and Design public auction results. A Price Database Fine Art and Design subscription allows users to conveniently and consistently search auction results dating back to 1985. There are five types of subscriptions that can be purchased for the Price Database Fine Art and Design:

1. Illustrated monthly subscriptions (Individual Rollover, Professional Rollover) are monthly recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. The user is granted access to a limited number of illustrated searches. If the subscriber uses more than the limited number of searches provided in their subscription, they are charged an overage fee per search after the search limit is reached.

2. Illustrated annual subscriptions (Expert, Appraiser, Specialist) are annual subscriptions through which searches are bought in a package; these searches must be used within the 365-day subscription period from the date of purchase. The subscriptions renew automatically until canceled by the user.

3. Illustrated day pass subscriptions (One-Day Pass) are daily subscriptions, through which searches are bought in a package that must be used within the 24-hour subscription period. This subscription expires after 24 hours and does not automatically renew.

4. IP-restriction subscriptions are subscriptions for large institutions in which the client’s IP address is used instead of a password. These subscriptions are not available for purchase through the website.

5. Custom annual subscriptions are annual subscriptions available for people who need over 1,000 searches per year. These subscriptions are not available for purchase through the website.

The Price Database Decorative Art is an illustrated database of Antiques and Decorative Art, including, without limitation, furniture, porcelain, silver, glass, carpets, from the Gothic period to the 20th century. There are three types of subscriptions that can be purchased for the Price Database Decorative Art:

1. Illustrated monthly subscriptions (Monthly) are monthly recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. The user is granted access to an unlimited number of illustrated searches.

2. Illustrated annual subscriptions (Annual) are annual subscriptions through which the user is given an unlimited number of illustrated searches. The subscriptions renew automatically until canceled by the user.

3. IP-restriction subscriptions are subscriptions for large institutions in which the client's IP address is used instead of a password. These subscriptions are not available for purchase through the website.

The Market Alerts subscriptions allow tracking upcoming lots for sale at auction houses, works available at galleries, and art events. We email you as soon as the artists you selected have a work coming up on the market. There are three types of Market Alerts subscriptions:

1. Market Alert 30 monthly subscriptions are recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. This subscription allows you to track upcoming art events, and artworks for sale by up to 30 artists.

2. Market Alert 50 monthly subscriptions are recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. This subscription allows you to track upcoming art events and artworks for sale by up to 50 artists.

3. Market Alert annual subscriptions are annual subscriptions that renew automatically until canceled by the user. These subscriptions are not available for purchase through the website.

For each of the above subscriptions, you can subscribe to an additional Auction Results Alerts feature to receive the sold price of lots by the artists you follow.

Prorated billing for the Auction Results Alerts feature: If you enable this feature on a different day of the month than when your main Market Alerts subscription renews, you will only be charged a prorated amount for this feature until your main Market Alerts subscription renews. On this renewal date, and on all the following ones, your credit card will be charged for the subscription and the feature on the same date, until canceled by the user.

artnet Analytics Reports are intended to provide market trends about artworks that have sold at auction, in a customized, intuitive format. All reports are based on artnet Indices methodology to allow users to visualize market trends for a specific artist or group of artists over time. Four different types of reports are available:

1. Artist Index Reports describe the performance over time of the complete works by the artist of your choice.

2. Multiple Artists Reports describe the performance over time of the complete works by two or more artists of your choice (each artist can be combined in one single index or compared to each other).

3. Comparable Sets Reports describe the performance over time of two or more sets of artworks by the artist of your choice (each set of artwork can be combined in one single index or compared to each other).

4. Analytics Prepared Reports are created by artnet analysts to provide custom analysis on recent and noteworthy topics and trends.

For each report type, the user can customize the graphs in the final report in an advanced wizard. All reports are based on artnet Price Database data and artnet Indices. For more details on the methodology used to create these reports, please refer to the “artnet Indices” section below.

artnet Analytics Reports do not include an appraisal, opinion or legal, tax, accounting, investment, or other expert advice. Users of artnet Analytics Reports are advised to consult with art and financial experts about the interpretation and usefulness of information contained therein.

Images included in the artnet Price Database are intended for identification purposes only. We do not own the right to these images, and do not recommend their use for appraisal purposes. We cannot confirm that these images are high-resolution, or that they represent the exact work in question.

There are two types of payment methods for artnet Analytics Reports: one-time payments for single reports to be paid per report at the end of the customization process, and one-time payments to purchase a specified number of reports ahead of time (Analytics Report Packages).

artnet reserves all rights to the artnet Analytics Reports and the information contained within these reports.

Similarly to financial indices, such as the S&P 500, artnet has consolidated auction sales data into sets, which are used in calculating artnet Indices. These indices are based on an exclusive in-house methodology, which is detailed in the artnet Indices white paper. Auction sales results are aggregated in order to examine price performance.

Public auction sales data are extracted from the artnet Price Database, which covers auction results from all leading auction houses worldwide. Lots covered follow strict low estimate minimums and other requirements, which are available upon request.

While we try to ensure that artnet Indices are correctly calculated based on reported data, we rely on the information made available to us by all auction houses covered by the artnet Price Database; and we cannot be held responsible for any mistakes, inaccuracies, or omissions in the data provided to us or for the integrity of each auction house itself. artnet disclaims any responsibility to investigate the authenticity or condition of the artworks aggregated in the indices. We do not warrant or represent that the artnet Indices, or the sales data used in calculating them, are complete, accurate, up-to-date, verified, or include all available auction market data. You acknowledge that the artnet Indices and the other Products are not provided as the basis of any professional advice, or for use in any investment or transaction decision. See “Disclaimer of Warranty” and “Limitation of Liability” below.

All information, including, but not limited to, auction houses covered, auction lots listed, and sold prices, are subject to change without notice. If prices change after they are reported to us, or if a sale is later withdrawn, it is the auction house’s responsibility to communicate this to us. If we are informed of a price change or a withdrawn sale, we will use our reasonable efforts to update that lot. If we are not informed of such changes, the data will remain in the artnet Indices as initially reported by the auction house. If a mistake or discrepancy in the data is reported to artnet, we will attempt to contact the auction house and, subject to confirmation by the auction house, use reasonable efforts to change the data in our system. Notwithstanding the foregoing, artnet does not make any warranties or representations with respect to the accuracy or timeliness of the artnet Indices, and will not be liable for any failure to update or verify the indices or any data used in their calculation.

Although most auction houses report transaction prices that include a buyer's premium, some auction houses only report hammer prices. Based on analysis of historical auction catalogs, artnet applies a formula to all records with hammer prices only to estimate the effect of a buyer's premium. All prices in the artnet Indices are therefore either reported as, or equated to, hammer price plus buyer's premium. Prices are recorded in the artnet Price Database in the same currency in which they are reported to us; when necessary, this price will be converted to US dollars using an appropriate conversion rate.

artnet Indices are the exclusive property of artnet and may be used for noncommercial personal use only. artnet Indices may not be used to create any financial product or service which seeks to match the performance or value of any artnet Index.

artnet Market Reports depict an artist's performance at auction over time based on the data from the artnet Price Database and with basic graphs. From total sales to percentage of lots bought-in, each report may help you decide whether to buy or sell works by a given artist.

The subscription for Market Reports is a per report subscription for a specified number of reports. The reports must be used within the 365-day subscription period from the date of purchase.

The Gallery Network is an interactive platform that effectively promotes art galleries on the web. Membership to artnet Galleries gives any gallery a presence on the global art market through the artnet Site. Collectors who are actively searching to buy artworks are seamlessly brought to each gallery’s offerings on artnet. The Gallery Network network engages more buyers than the largest art fair.

There are three levels of membership: Silver, Gold, and Platinum. Each level provides the member gallery with a site on artnet with varying numbers of images and flexibility. Memberships can be applied for online, or by contacting a member of the artnet sales team. All subscriptions automatically renew, and can be paid monthly, quarterly, semi-annually, or annually.

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2. Monthly recurring payments for Products renewing on a 30-day basis

3. One-time payments for products which do not renew, such as a report package

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If you have purchased an annual subscription online, such as the Price Database Fine Art and Design Expert, Appraiser, or Specialist subscriptions and/or the Price Database Decorative Art annual subscription, your credit card indicated in the registration process (or on your My Account page if the subscription is an addition to a previously purchased product) will be fully charged upon sign up. You agree that you will pay the full price for the whole year upfront. All annual subscriptions renew automatically until canceled by the user. If the renewal charge fails, the subscription will expire.

If you have purchased a custom annual subscription, such as the Price Database Fine Art and Design annual subscription, the Price Database Decorative Art Institutional subscription, or the Market Alert annual subscription, you agree to pay in the installments as agreed to upon purchase. All annual subscriptions renew automatically. If the renewal charge fails, as a courtesy, we will keep the subscription active for 30 days and attempt to obtain new billing information. During that 30-day period, we will attempt to charge the card on file daily until the information is updated or the subscription is canceled by the user via phone or email.

If you have purchased a subscription with a monthly recurring payment, such as the Price Database Fine Art and Design Individual Rollover or Professional Rollover subscriptions, the Price Database Decorative Art illustrated Monthly subscription, the Market Alerts monthly subscriptions, or the Market Alerts feature “Auction Results Alerts,” your credit card indicated in the registration process (or on your My Account page if the subscription is an addition to a previously purchased product) will be initially charged upon sign-up. All monthly subscriptions renew automatically until canceled by the user. Additionally, any over-the-limit searches, if applicable, will be charged at the time of the subscription renewal. You are responsible for keeping your credit card information correct and up to date.

As long as you have paid all fees when due, and kept your account payments up to date, we will carry over any unused searches under the Individual Rollover and Professional Rollover subscription to a maximum of two months' accumulation ("Accumulated Searches").

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Prorated billing is valid for the Market Alerts feature “Auction Results Alerts,” and for all product upgrades. If you enable the feature or upgrade to a different subscription on a different day of the month than when your main subscription renews, you will only be charged a prorated amount for this feature until your main subscription renews. On this renewal date, and on all the following ones, your credit card will be charged for the full amount.

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If you purchase a group of reports (a “Report Package”), you agree to pay for a specified number of artnet Analytics Reports in advance, which you can use to create reports in the future. Report Packages of 10, 25, and 100 reports are available. All of artnet Analytics Reports, except prepared reports, can be purchased with Report Package credits; each report costs one Report Package credit. Report Packages are linked to the artnet username you use when you purchased the package; and you will need to sign in under that username in order to use your Report Package credits. Note that if you have purchased a Report Package that has not been fully used yet, you must use the Report Package to purchase a report, and you will not be able to purchase a single report under the same username with a credit card until the Report Package has been completely used. Credits are available for 365 days from the time of purchase, and unused credits will not be redeemed, refunded, or transferred to another user.

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If you have a disagreement regarding a credit card charge, you may contact the artnet customer support team in writing within 90 days of the date of the initial credit card charge. You agree that artnet is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted artnet customer support in writing with respect to any disputed charge within such period.

You may terminate any Price Database or Market Alerts subscription under this Agreement by clicking on the "Cancel" icon located on the My Account page of the artnet Site. You may terminate your Gallery Network membership by submitting a written notice to your representative (by either clicking the link “Contact My Rep” on your My Account page, or by sending an email directly to your representative). The effective date of such termination will be the end of the current billing period indicated on the My Account page. In the event you initiate a reactivation of any subscription for any auto-renewing Product under this Agreement after a request for termination, the termination shall be null effective as of the date of such reactivation, and this Agreement will continue to be in effect. In the event of the termination of your subscription for any Product, you shall be responsible for payment of all charges through the rest of the subscription term for this Product and payment for any additional searches over the prescribed search limit for your subscription for such Product or other overages. You will also forfeit rights to any Accumulated Searches, if any. You shall not be entitled to any refund as a result of the termination of your subscription to any Product under this Agreement.

We may terminate your right to use and/or access any Product (including, but not limited to, any subscription which you may have for any Product) at any time in our sole discretion, with or without prior notice. We may also suspend your use of the Products by disabling your username and/or password for any reason, including, but not limited to, cases in which we believe you have violated the terms of this Agreement or you are using the information provided through the Products in a manner inconsistent with the spirit of this Agreement or the general Terms and Conditions of our website (see above). If we terminate your right to use and/or access any Product (including but not limited to any subscription which you may have for any Product), without cause, we agree to refund to you the pro-rata portion of any payments made by you to us for such terminated Products. Any determination of the amount to be returned to you in the event of any such termination shall be made by artnet in its reasonable discretion, and shall be conclusive and binding. In the event of any termination by us, you will remain responsible for payment for any additional searches over the prescribed search limit for your subscription, and for other overages as a result of your usage of any Product prior to termination. You will also forfeit any right to any Accumulated Searches, if any.

In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:

1. Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of artnet.

2. You may print single copies of individual results pages and other items from searches on the Price Database Fine Art and Design and the artnet Price Database Decorative Art, but not more than one percent (1%) of the aggregate databases, respectively.

3. You may not duplicate or distribute artnet Analytics Reports, including the information contained within a report, without the prior written consent of artnet.

4. It shall be the gallery member’s sole and exclusive responsibility to secure any necessary permission and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third parties. The member represents and warrants that it has the right to publish the materials supplied to artnet and to grant artnet the rights licensed herein, and that such materials do not infringe on any third party’s rights and are not otherwise unlawful. The member grants artnet an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, distribute, or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by the member to artnet (collectively, the “materials”) for all purposes, in any format or media now known or hereinafter invented.

5. We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username, password, or IP address to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, or IP restriction, you must immediately contact the artnet customer support team. You agree to cooperate with us to stop further abuse should it occur.

6. We reserve the right to issue replacement usernames and/or passwords at any time.

7. You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of artnet.

8. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.

9. Usage Restrictions

You agree that you will not:

(a) Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose

(b) Make any Product, or any element of it, available to other persons

(c) Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network

(d) Remove or obscure any copyright notice(s) from materials including hard-copy print-outs

(e) Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service

(f) Alter, amend, modify, translate, or change any Product, or any element of it

(g) Undertake any activity which may have a damaging effect on our or any of our third-party licensors' ability to achieve revenue through selling and marketing the Products

(h) Otherwise use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it

(i) Permit any third party to obtain remote access to any Product, or any element of it, through your computer network

(j) Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and back-up tapes

(k) Disclose the username or password assigned by us to any person, firm, or company

artnet, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.

We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the artnet customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.

We shall not be liable for any claim or loss arising from:

(a) Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product

(b) Any failure by you to take steps recommended by us to resolve a fault in any Product

(c) Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us

(d) Your inability to use any Product due to website downtime

To the fullest extent permitted by applicable law, artnet does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.

artnet encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results. Returns shown in artnet Indices and Analytics Reports may not represent the results of actual sales transactions.

To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.

Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.

You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.

Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New York, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of New York or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of New York (in the case of state court) or in the Southern District of New York (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.