MEDIUM RARE ART

OFFERING ARTWORK AT REVOLUTIONARY PRICES WHILE PROVIDING A PLATFORM AND NETWORK FOR YOUNG ARTISTS TO GROW AND FLOURISH

 

Terms & Conditions

MEDIUM RARE TERMS OF SERVICE

Last Updated: April 2, 2019

These Terms of Service ("Terms") are an agreement between you ("you" or "your") and Medium Rare Art LLC ("Medium Rare" or "we" or "our" or "us") that governs your access to and use of our website, products, and services (collectively, "Services"). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms; we are available for your questions.

 

 

DEFINITIONS

In these Terms:

  • "User" means any person or entity that accesses or uses our Services in any way, whether or not they register for an account with Medium Rare, including you. A User may have a general account; an Artist account; and/or a Buyer account.

  • "Content" means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including that posted on our site, app, and/or social media, or sent through email, including Content licensed from a third party.

  • “User Content” refers to Content submitted by Users and available through our Services.

  • "on our Services" means on the Medium Rare website and/or (as applicable) on any Medium Rare mobile application.

  • "including" means "including but not limited to" unless we specifically indicate otherwise.

 

1. ESSENTIAL TERMS

 

1.1 You may use our Services only if you are legally able to form a binding contract with us. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.

 

1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to the entity that you are binding.

 

1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.

 

1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at www.mediumrareart.com/terms-privacy. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.

 

1.5 You will need to register for an Medium Rare account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

 

1.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.

 

1.7 The permission we give you to register for an account with Medium Rare and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Medium Rare account, or any access to or use of our Services, to any third party.

 

1.8 We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.

 

1.9 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws

 

1.10 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email address that you provide through your account. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for a Medium Rare account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the "unsubscribe" button on the email, or contact us at info@mediumrareart.com to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.

 

1.11 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.

 

2. OUR SERVICES

2.1 Our Services include an online art consignment marketplace where Artists may list and/or sell; and Users may browse and/or buy artwork.

2.2 Minors are not allowed to use our Services as Artists or Users. Any person that uses our Services as an Artist or a User to buy or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.

2.3 Artists must complete an additional registration process. These Terms apply to Artists, but these Terms alone do not give you permission to use our Services as an Artist.

2.4 We may facilitate communication or payment between buyers, prospective buyers, bidders, and sellers in connection with some property.

2.5 We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, bidder or seller, unless we directly state otherwise in writing. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, bidder or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).

2.6 We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users' listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.

2.7 No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.

2.8 We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.

2.9 We may receive commission on all sales, subject to agreements between us and Artists.

2.10 The knowledge of Medium Rare in relation to each work of art is partially dependent on information provided to us by the Artist, and Medium Rare is not able to and does not carry out exhaustive due diligence on each work of art. We shall exercise reasonable care when making express statements in descriptions or condition reports as is consistent with our role as vendor in this sale and in light of (i) the information provided to us by the Artist, (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made. 

2.11 As a courtesy to buyers, Medium Rare may prepare and provide condition reports on each work of art. Prospective buyers should note that descriptions of property are not warranties and that each work of art is sold "as is."

2.12 All representations or statements made by Medium Rare as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any artwork, is a statement of opinion only. All photographic representations and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of tone or color or necessarily to reveal any imperfections in the artwork. Many works are of an age or nature that precludes their being in pristine condition and some make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from defects nor does any reference to particular defects imply the absence of others.

 

 

3. IP RIGHTS

3.1 All Content is owned by Medium Rare or by others who have licensed their Content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under U.S. and international copyright laws.

3.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Medium Rare or third parties in the U.S. and/or other countries.

3.3 As between you and Medium Rare, Medium Rare owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.

3.4 These Terms do not grant you any ownership over any Content and/or User Content, or any intellectual property rights in any Content and/or User Content, although you remain the owner of any intellectual property rights that you may have in content that you submit to Medium Rare to be posted as Content and/or User Content.

3.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Medium Rare or any third party, whether by implication or otherwise.

3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.

3.7 We welcome feedback, comments and suggestions about our Services; however, you acknowledge and agree that we will have the right to use any and all such feedback, comments and suggestions at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you; and that we will have no obligation to act on, use or respond to any Feedback in any way.

3.8 Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our Services ("Open Access Images"). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licenses). We will provide adequate identification of such Open Access Images.

3.9 We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights). When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.

3.10 To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.

3.11 You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.

3.12 We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of claimed copyright infringement that are properly provided to our designated copyright agent ("Copyright Agent"), whose contact information is listed below.

 

3.13 We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.

 

3.14 If you believe that Content on our Services has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing all of the following information ("DMCA Notice"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Services;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

  • a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.15 If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing, or that the use of such Content is authorized by the copyright owner, the copyright owner's agent, or the law, you may provide our Copyright Agent with a written counter-notice containing all of the following information ("Counter-Notice"):

  • your physical or electronic signature;

  • identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on our Services before it was removed or access to it was disabled;

  • a statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and

  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Medium Rare may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.

3.16 Our Copyright Agent designated to receive DMCA Notices and Counter-Notices may be contacted as follows:

  • By postal mail: Medium Rare, Attn: Counsel, 255 Bowery Apt. 4, New York, New York 10002, U.S.

  • By email: info@mediumrareart.com

 

3.17 You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it is not addressed to our Copyright Agent or it does not provide substantially all of the information specified above. To help us receive your DMCA Notice or Counter-Notice in a timely manner, please send it by email if possible.

3.18 If you provide us with a DMCA Notice, you agree that we may send a copy of it (including your name and contact information) to the provider of the disputed Content.

3.19 Please note that the procedure described above in this section is intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but does not constitute legal advice. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. If you are not sure whether you are (or are authorized to act on behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the DMCA and any other applicable laws. While we cannot offer you legal advice, more information about the DMCA is available at the U.S. Copyright Office website.

 

3.20 We reserve all rights not expressly granted to you in these Terms.

 

 

4. SITE CONTENT

4.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.

4.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your Medium Rare User experience, in accordance with the normal functionality and restrictions of our Services.

4.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.

4.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.

4.5 If you are a teacher, you may display Content on our Services to your students at a non-commercial lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually. However, please note that as per section 1.1, your students are not allowed to use our Services if they are under the age of thirteen (13).

4.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.

4.7 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.

 

5. CONTENT AND COMMUNICATIONS SUBMITTED BY USER

5.1 Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.

5.2 We do not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.

5.3 You acknowledge that we have no specific obligation regarding the review and/or screening of Content, and that by using our Services, you may be exposed to Content that is inaccurate, misleading, offensive or otherwise objectionable.

5.5 We reserve the right, but have no obligation, to access, preserve and disclose any information in our possession or connected with Content if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Medium Rare, you, or others.

5.6 We reserve the right to remove or refuse to display any Content on our Services, in whole or part, if we believe that such Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.

5.7 You acknowledge that you are in the best position to know if any User Content that you submit may be used in connection with our Services. You are solely responsible for ensuring that said User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.

5.8 By submitting, posting, publishing or otherwise providing any User Content or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display such Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to said Content; and (ii) the use of said Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.

5.9 Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to the information that you submit as User Content, such as rights under applicable laws or other licenses.

5.10 We will not be liable or responsible for any the information that you submit as User Content, or for any use of said Content by us in accordance with these Terms.

 

 

6. RESTRICTIONS

6.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

  • submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;

  • create a false or misleading Medium Rare account or User profile with inaccurate or untrue information;

  • use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;

  • use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;

  • collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;

  • access our Services by any means other than the interface and instructions that we provide;

  • access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;

  • breach, disable or circumvent any security or authentication measures on or in connection with our Services;

  • interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;

  • decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;

  • adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;

  • use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);

  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;

  • mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;

  • use any meta-tags or other hidden text or metadata containing any Medium Rare trademark, service mark, product name, or URL without our express prior written permission;

  • use any Medium Rare trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;

  • use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Medium Rare trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or

  • remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

6.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

 

7. MOBILE APPLICATIONS

7.1 As part of our Services, we may offer you the use of Medium Rare mobile applications, including applications that may be accessed through the iTunes App Store and/or Google Play Store ("Sourced Apps") and applications that may be accessed by other means.

7.2 Your use of our mobile applications is subject to these Terms and any applicable Service Terms that we may post on our Services or otherwise make available to you in connection with our mobile applications.

7.3 We may update any of our mobile applications without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.

7.4 The following terms and conditions in this section apply to Sourced Apps:

  • You agree to use Sourced Apps only on an iPhone/iPad OS product and/or Android product that you own or control, and as permitted by the App Store Terms of Service and/or Google Play Store Terms of Service, as applicable.

  • You acknowledge that these Terms are an agreement between you and us, and not with Apple and/or Google; and Medium Rare, not Apple and/or Google, is solely responsible for Sourced Apps and the content of Sourced Apps.

  • You acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to any Sourced App.

  • If any Sourced App fails to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for such Sourced App to you. To the fullest extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to any Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of any Sourced App to conform to any warranty will be our sole responsibility. However, please note that we expressly disclaim all warranties to the fullest extent permitted by applicable law (as provided in Section 10 of these Terms).

  • You and we acknowledge that Apple and/or Google is not responsible for addressing any claims by you or any third party relating to any Sourced App or your possession and use of any Sourced App, including: (i) product liability claims; (ii) any claim that any Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • You and we acknowledge that, in the event of any claim by any third party that any Sourced App or your possession and use of any Sourced App infringes that party's intellectual property rights, as between Medium Rare and Apple and/or Google, Medium Rare, not Apple and/or Google, will be solely responsible for the investigation, defense, settlement and discharge of such claim to the extent required by these Terms.

  • By downloading or using any Sourced App, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

  • You and we acknowledge that Apple and/or Google, and Apple's and/or Google’s subsidiaries, are third-party beneficiaries of these Terms as relates to Sourced Apps and that, upon your acceptance of these Terms, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms as relates to Sourced Apps.

 

 

8. OUTSIDE LINKS

8.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

8.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

9.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

9.4 You acknowledge and agree that the Medium Rare Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

9.5 Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.

 

9.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

10. DISCLAIMER

10.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH MEDIUM RARE AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "MEDIUM RARE PARTIES") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE MEDIUM RARE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Medium Rare Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.

10.3 No advice or information (whether oral or written) obtained from the Medium Rare Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

 

11. GENERAL RELEASE AND LIMITATION OF LIABILITY

11.1 We may provide rules for using our Services, but the Medium Rare Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.

11.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPLICITLY STATED IN SPECIFIC AGREEMENTS SIGNED BETWEEN YOU AND MEDIUM RARE, YOU RELEASE THE MEDIUM RARE PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.

11.3 UNDER NO CIRCUMSTANCES WILL ANY OF THE MEDIUM RARE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.

11.4 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN THIS SECTION 11 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE MEDIUM RARE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN THIS SECTION 11 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE MEDIUM RARE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

12. INDEMNIFICATION

12.1 You agree to indemnify, defend, and hold harmless Medium Rare and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Content and/or User Content that you submit; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

12.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

 

13. DISPUTE RESOLUTION

13.1 No dispute between yourself and Medium Rare may proceed to litigation or arbitration before sixty (60) days of good faith negotiation and/or non-binding mediation have been attempted, per best efforts of both parties.

13.2 You agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by a state or federal court located in New York County, New York, U.S., whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in New York County, New York, U.S., for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.

13.3 These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of the State of New York, and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.

13.4 You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.

13.5 The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us.

13.6 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.

 

14. INTERNATIONAL ACCESS

14.1 Our Services are based in the United States and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.

14.2 If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. If you are located in the EU, please refer to our Privacy Policy regarding the transfer of data from the EU to the United States.

 

14.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.

 

14.4 a) Neither you, nor the entity you represent, if applicable, is a resident (if an individual) or located in or organized under the laws of (if an entity) Cuba, Iran, North Korea, the Crimea region of Ukraine, or Syria.

b) Neither you, nor the entity you represent, if applicable, is, or are owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury, or any governmental or public entity or official of Cuba, Iran, North Korea, or Syria.

c) Neither you, nor the entity you represent, if applicable, will transfer or facilitate the transfer of any item purchased or otherwise obtained via Medium Rare, to any person who is, or who is owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury; or to any governmental or public entity or official of Cuba, Iran, North Korea, or Syria.

 

15. SERVICE CHANGES

15.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

15.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

 

16. TERMS OF SERVICE CHANGES

16.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

16.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

16.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

16.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

16.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

16.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

16.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

 

17. TERMINATION

17.1 You may stop using our Services at any time, subject to any other agreements between you and us.

17.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.

17.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (IP Rights), 5 (Content and Communications Submitted by User), 2 (Our Services), 8 (Outside Links), 10 (Disclaimer), 11. (General Release and Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 14 (International Access), 15 (Service Changes), 16 (Terms of Service Changes), this 17 (Termination), and 18 (Miscellaneous).

 

18. MISCELLANEOUS

18.1 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

18.2 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an Medium Rare\ representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

18.3 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

18.4 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

18.5 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

18.6 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

19. QUESTIONS?

 

19.1 If you have questions about these Terms or our Services, please email us at: info@mediumrareart.com

 

19.2 Medium Rare is located at: 255 Bowery Apt. 4, New York, New York 10002, U.S.

 

20. EFFECTIVE DATE

These Terms are effective April 2, 2019.



 

Privacy Policy

PRIVACY POLICY

EFFECTIVE DATE: April 2, 2019

 

Medium Rare Art LLC ("Medium Rare", "us", or "we") is committed to respecting and protecting the privacy of our Users. This Privacy Policy, which is part of our overall Terms of Service, covers personal information collected about our Users, which includes visitors to our web site (<mediumrareart.com>, or "the Site"), Users of our Services (as defined in our Terms of Service), Buyers (subject to the Buyer Agreement), and Artists (subject to the Artist Agreement).

 

This Privacy Policy describes:

1. The information identifying you that we collect;

2. How we use this information;

3. The legal basis upon which we process it;

4. With whom it is shared; and

5. How it is stored.

 

This policy also describes other important topics relating to your personal information and privacy. Please review this Privacy Policy to better understand our practices as they apply to your personal information. By using our Services and/or accessing our Site, you confirm that you have read and understood the entirety of this Privacy Policy.

 

Our Terms of Service (including Buyer Agreement and Artist Agreement respectively, as applicable) apply to our Services and our Site. If you do not agree to them, then you should not continue to use our Services or our Site.

CHANGES TO OUR PRIVACY POLICY

From time to time, we may modify this Privacy Policy in our sole discretion. If we make any updates or changes to this Privacy Policy, all modifications will be posted to this Site, and will be effective immediately upon our posting and, where appropriate, notified to you by post or email. By continuing to use our services and/or our Site after updates are posted and effective you are confirming that you have read and understood the latest version of the Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect personal information of all Users of Medium Rare, which includes:

1. Your name;

2. Phone number;

3. Postal address;

4. Email address.

 

We collect personal information of all visitors to our Site (see below), which includes;

1. Internet Protocol (IP) address;

2. Browser type;

3. Your Internet Service Provider (ISP);

4. Website referring/exit pages;

5. Platform type;

6. Date/time stamp;

7. Other information related to your use of the Site.

We may receive some personal information about you from third parties such as public websites and social media platforms.

 

We require you to register as a User, a Buyer, or an Artist in order to use our Services.

 

We collect the following information about Medium Rare’s Services that we provide to you:

1. information about your use of Medium Rare’s Services (including account related information such as payment information, purchase history, consign history);

2. customer services information; and

3. customer relationship management and marketing information.

If you participate in our opinion polls, surveys, contests, or sweepstakes, we may collect additional personal information about you in connection with your response or entry.

 

Additionally, you may choose to make other personal information available to us in connection with the consignment of an item, when you submit User Content to the Site, email us, or invite a friend to join the Site. See the Invitations section below for more information.

Please note that we need certain types of personal information so that we can provide Medium Rare’s Services to you or so that you can be a Buyer or an Artist. If you do not provide us with such personal information, or ask us to delete it, you may no longer be able to access our services or provide goods and services to us.

USE OF PERSONAL INFORMATION WE COLLECT

We, or third party data processors acting on our behalf, collect, use and store the personal information we collect to:

1. allow you to access and use our Site;

2. communicate with you (see Communicating With You section below);

3. register users;

4. process requests and orders (including membership registration);

5. provide technical support;

6. store information about your preferences;

7. recognize you when you return to our Site;

8. enable you to participate in our opinion polls, surveys, contests, or sweepstakes;

9. administer our Site;

10. ensure the security of our services and our Site;

11. comply with any procedures, laws and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and

12. establish, exercise or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.

 

COMMUNICATING WITH YOU

We may contact you (including by email or post) with information about our products, services and offers which either you request, or which we believe you may be interested in (including through newsletters, alerts, and reminders about recurring event sales), unless you have told us that you don’t want to receive these message, or, otherwise, if it is in our legitimate interests, for business development and marketing purposes. From time to time we will send you service-related emails, such as a welcome email when you register for the Site.

If you provide us personal information when you communicate with us (including in person, by phone, or via email) this information may be shared with an Artist or customer relations representative, employee, or expert that is most likely to be able to address your inquiry. This information will be used only for the purpose of responding to your inquiry.

 

INVITATIONS

When you invite a friend to join our Site, we will automatically send your friend an email invitation on your behalf. We will not use your friend’s email address for any other purpose unless they join our Site or request further information or response from us.

 

OPINION POLLS, SURVEYS, CONTESTS, AND SWEEPSTAKES

We may share personal information we collect from your responses to opinion polls or surveys with third parties. If we do so, we will provide you with notice and the opportunity to consent.

 

If you enter a contest or sweepstakes conducted by Medium Rare and/or one of our partners, we may contact you in connection with that particular contest or sweepstakes, including in order to update you regarding your status, administer the promotion, or let you know that a promotion has ended.

 

ONLINE TRACKING

Like most websites, we, our service providers, and our third-party partners may collect certain information about your interaction with our Site. This information may be stored in log files. Information stored in log files may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and other information.

 

We collect this information through the use of cookies and other similar technologies. We use this information to analyze demographic and other trends, administer the Site, track aggregate usage of the Site, and provide you with relevant advertising.

 

Where we use cookies on our Site, you may block these at any time. To do so, you can activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you will not be able to access all or parts of our Site or to use all the functionality provided through our Site.

For detailed information on the cookies we use and the purposes for which we use them, please refer to our Cookies Policy. By continuing to use our Site and/or our services, you are agreeing to our use of cookies as described in our Cookies Policy.

Your privacy choices, the legal basis on which we use your personal information and right to control our use of your personal information, are described below.

 

LEGAL BASIS FOR USE OF YOUR PERSONAL INFORMATION

In order to comply with European data privacy laws we are required and have considered the legal bases for using your personal information as set out in this Privacy Policy, which are as follows:

1. Our use of your personal information is necessary to perform our obligations under any contract with you (for example, to comply with the terms of use of our Site which you accept by browsing our Site and/or to comply with our contract to provide Medium Rare Services); or

2. Our use of your personal information as is necessary to complying with our legal obligations;

3. Where none of the above apply, use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the security of our Site).

 

Our legitimate interests are to:

1. run, grow and develop our business;

2. operate our Site;

3. carry out marketing, market research and business development;

4. provide goods and/or services to our Buyers, make and receive payment between Artists and Buyers, provide customer services and to know the identity of the Buyer that we are providing goods and/or services to; and

5. place, track and ensure fulfillment of orders with our Artists.

 

THIRD PARTIES

We may need to share your personal information with our contractors in the course of operating our business and providing products or services to you. These contractors include vendors and suppliers, including but not limited to payment processors, suppliers of technical and support services, logistic providers, and cloud service providers that provide us with technology, services and/or content for the operation and maintenance of our Site or Services. We will also share your personal information with companies that assist us in our marketing, advertising and promotional activities and analytics and search engine providers that assist us in the improvement and optimization of our Site.

 

Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. We require our contractors to keep the personal information they are provided confidential and to comply with the terms of this Privacy Policy and applicable laws.

We will not rent, sell or share your personal information with third parties without your consent except to provide you with a product or service you request or as described in this Privacy Policy. If you have given your consent for us to use your personal information in a particular way, but later change your mind, you should contact us and we will stop doing so.

 

We may also disclose and use anonymized, aggregated reporting and statistics about users of our website and apps or our goods and services and from interactions with us and our brands on social media for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymized, aggregated reports or statistics will enable our users to be personally identified.

 

TRANSFERS OF PERSONAL INFORMATION

Medium Rare is based in the United States and therefore personal information collected from this Site and provided in connection with Medium Rare’s Services will be transferred to and processed in the United States, and may be transferred and processed to other countries outside of your country of residence. We may also transfer personal information to service providers or other third parties with whom we have contractual agreements. Other countries where your personal information may be processed may have different legal protections for personal information than your country of origin, including different standards for access by law enforcement, courts, or other governmental authorities.

 

Further details on the steps we take to protect your personal information in these cases is available from us on request by contacting us at any time.

 

THIRD PARTY WEBSITES

This Site contains links to other websites provided by third parties. Please be aware that we do not control these third party websites or any of the content contained on those websites. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our site in no way constitutes an endorsement by us of such websites' content, actions or policies.

 

AGGREGATED INFORMATION

We may share aggregated information about you with third parties. Aggregated information is non-personal information about you that is combined with the non-personal information of other users. We may not limit the third parties' use of the aggregated information.

 

DISCLOSURES REQUIRED BY LAW OR FOR BUSINESS PURPOSES

We may disclose personal information pursuant to a request from law enforcement or pursuant to other legal or regulatory process, or as otherwise required by law, or, in our sole discretion, to protect our rights, property or interests, including to enforce this Privacy Policy or our Terms of Service. In the event that we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.

In our sole discretion, we may also disclose information we collect to a third party when we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct, including to enforce or apply our terms and conditions or any other agreement or to respond to any claims, or to protect our rights or the rights of a third party.

 

Information collected from this Site may also be transferred as part of a merger or other combination, or as part of a restructuring, bankruptcy, transfer of assets, or to our successors in interest.

 

RETENTION OF PERSONAL INFORMATION

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

 

In order to enforce the terms of this Privacy Policy, resolve disputes, or provide information to satisfy applicable governmental laws, regulations, investigations or proceedings, we may need to retain your personal information in our files. We will do so in compliance with applicable law.

 

UPDATES TO YOUR INFORMATION

You can contact us at any time to update, change or delete personal information that Medium Rare maintains about you.

 

CHOICE/OPT-OUT

Users who no longer wish to receive our newsletters, alerts, or promotional communications may opt-out of receiving these communications at any time.

 

RIGHTS IF YOU ARE LOCATED IN THE EUROPEAN UNION

If you are accessing our Site and Medium Rare’s Services from the European Union, then you have certain rights in relation to your personal information which are set out below. If you would like further information in relation to these or would like to exercise any of them, please contact us by email using the details below at any time.

 

Per EU law, you have the right to request that we:

1. provide access to any personal information we hold about you;

2. update any of your personal information which is out of date or incorrect;

3. delete any personal information which we are holding about you;

4. restrict the way that we process your personal information;

5. stop processing your personal information for direct-marketing purposes;

6. provide your personal information to a third party provider of services;

7. provide you with a copy of any personal information which we hold about you; or

8. consider any valid objections which you have to our use of your personal information.

We will consider all such requests and provide our response within a reasonable period (and in any event any time period required by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances. If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.

 

ACCOUNT INFO

You may notify us of your choices or preferences by accessing your “Account Info” on the Site, or by contacting us as set forth in the “Contact Us” section below.

 

ACCESS BY CHILDREN OR MINORS

Medium Rare is not directed to children under the age of thirteen (13), and our Terms of Service prohibit minors from using our Site or Service. We do not knowingly collect any information from children under 13.

 

SECURITY

We take precautions to protect information that we collect from our Users. We protect the information entrusted to us by taking all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate physical, technical and administrative safeguards and measures. These protections include restricting access to personal information to employees who need the information to perform a specific job. Medium Rare provides its employees training on its security and privacy practices. Technical safeguards and measures include use of encryption, passwords for access to our systems and use of anti-virus software.

 

However, in the course of provision of your personal data to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, no information security safeguards can be guaranteed to be completely secure, so you should use caution whenever providing personal information online, electronically or otherwise. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.

 

Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

CONTACT US

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at info@mediumrareart.com.

 

COOKIE POLICY

EFFECTIVE DATE: APRIL 2, 2019

Our website uses cookies. This policy explains what cookies are, why we use them, and how you can manage their use.

WHAT ARE COOKIES?

Cookies are small text files which are sent to your browser when you visit our website. When you visit our website again, the cookie allows our website to recognize your browser. When you visit our website, cookies may also be sent to your browser by other websites that are used for advertisements on other sites you may visit.

 

Cookies are useful because they help us make your website experience more enjoyable. They allow us to recognize your device (e.g. your laptop or mobile device) so that we can tailor your experience of our website.

WHY DO WE USE COOKIES?

Cookies do lots of different jobs on this website, such as letting you navigate between pages efficiently, remembering your preferences, remembering your username and password, enabling you to keep goods in your shopping basket, letting us analyze how well our website is performing, and improving your experience. They also help ensure that advertisements you see while you are on other websites are more relevant to you and your interests.

WHAT TYPES OF COOKIES DO WE USE?

We want you to understand the different types of cookies that we use on our website. Some of these cookies are essential to the operation of our website. Others are not essential but help to improve our website by collecting user information or try and improve your experience of our website by remembering your choices.

Generally, our cookies perform up to four different functions:

 

  1. STRICTLY NECESSARY COOKIES: We use several cookies which are essential to the operation of this website. For example, these types of cookies let us identify subscribers and ensure they can access the subscription-only areas of this website, enable our website to remember the goods that you add to your shopping cart, provide the necessary security your visit to our website requires, and help ensure the content of the pages you request load quickly. Without these cookies, services that you have asked for cannot be provided.

  2. PERFORMANCE COOKIES: These cookies collect information about how visitors use our website, for example, which pages our visitors go to most often, and if they get error messages on those pages. These performance cookies don't collect information that identifies you as an individual – all information they collect is aggregated and anonymous. The information gathered is only used to improve how our website works. We use Google Analytics on our website to help us analyze how our website is used. You can find out more about this popular website analytics tool here: http://www.google.com/analytics/index.html. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies Google can tell us which pages our users view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All this information is anonymized. Google takes the privacy and security of your Google Analytics data seriously and you can find out more about how it protects your data here: http://www.google.com/analytics/learn/privacy.html.

  3. FUNCTIONALITY COOKIES: These cookies allow our website to remember choices you make, such as, remembering your username, the region you are in, and changes you make to various other parts of our website which you can customize. The aim of these cookies is to provide you with a more personal experience so that you don't have to reset your preferences each time you visit us.

  4. ADVERTISING COOKIES: These cookies track your browsing habits so that we can show you advertising which we hope is relevant to your interests. We believe it is useful to show you advertisements that are tailored to your interests. These advertising cookies use information about your web browsing activity to group you with other users who have similar interests and show you advertisements based upon those interests. For example, these cookies may remember that on our website you viewed pages relating to particular products. Based on that information, with our permission, third party advertisers can place cookies on your browser to enable them to show you those products while you visit other sites. These types of cookies are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns.

 

EMAIL TRACKING

 

Our emails may contain a web beacon to track who opens an email, when, and whether that user clicks on any of the links in the email. We may use this information to help us analyze which of our users are interested in particular topics. When you delete the email, the web beacon will be deleted.

HOW TO MANAGE COOKIES ON OUR WEBSITE

Cookies do lots of important jobs on our website and help to make your online experience more personal and more enjoyable.

By using our website, you are deemed to consent to the use of cookies as described in this cookie policy.

However, you can disable all our cookies if you choose. If you do so, you may find that significant parts of our website do not work at all, or do not work correctly.

DISABLING OTHER COOKIES

You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete but how you do so varies from browser to browser.

FURTHER INFORMATION

If you have any questions relating to this Cookie Policy, please contact us at: info@mediumrareart.com.