We also refer you to our Online Terms of Sale for the purchase of any goods from our Website Shop.
2. ABOUT US
The Website is operated by White Cube Art LLP (“White Cube”, “we”, “us”), a limited liability partnership registered in British Columbia, Canada, with registration number LL00367, and whose principal place of business is at 144-152 Bermondsey Street, London SE1 3YQ.
3. ACCESS TO THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website.
You must treat any password you have for use of the Website as confidential, and you must not disclose it to any third party. You are responsible for any use of the Website (other than by our Website administrators) using your login details, including your email address and password.
We cannot guarantee that the Website will operate continuously or without interruption or be error free.
We may suspend access to the Website, or withdraw the Website, at any time for any reason at our discretion, including for any maintenance or upgrading of the Website. From time to time, we may also restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you breach, or we reasonably suspect that you are in breach of, any of these Terms, we may immediately and without notice terminate your use of the Website, or any part of the Website.
4. INTELLECTUAL PROPERTY
The content of the Website, including all text, images, videos and sound recordings and underlying software, is protected by copyright and other intellectual property rights. White Cube and its licensors are the owners of all such intellectual property rights and WHITE CUBE is a registered trade mark of White Cube. Except as expressly set out in these Terms, you shall have no rights in respect of any such intellectual property rights.
You may download information from the Website for your own personal non commercial use only. You may not otherwise copy, adapt, modify, distribute, create derivative works of or use for any commercial purpose any content on the Website, in whole or in part, without first obtaining the written authorisation of White Cube and, where necessary, its licensors.
5. LINKING TO THE WEBSITE
You may link to the Website home page from any website owned by you, provided that you do so in a way that is fair and lawful and the link does not damage White Cube’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on White Cube’s part where none exists, and the Website must not be framed on any other website.
6. LINKS FROM THE WEBSITE
The Website may, from time to time, contain links to other sites and resources provided by third parties. These links are provided for your information only. You acknowledge that White Cube has no control over the availability or contents of those sites or resources, does not endorse them, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
7. UNLAWFUL USE OF THE WEBSITE
You may not make any unlawful or unauthorised use of the Website, including by introducing any virus or other malware or causing any denial of service attack; or attempting to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
We may monitor your use of the Website and may collect and process other information about you when using the Website in accordance with our Privacy Notice. By using the Website, you consent to such processing.
9. CHANGES TO THE WEBSITE AND TO THESE TERMS
We may, at any time, make changes to the content of the Website. Whilst we take reasonable care in compiling and presenting the content of the Website, we give no representation or warranty that the content is at any time complete, accurate or up to date, and we are under no obligation to update any content.
We may also change these Terms at any time. You are expected to refer to these Terms from time to time and to take notice of any changes we have made. By continuing to use the Website after any such changes have been made, you agree to such changes. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
10. WHITE CUBE’S LIABILITY
Nothing in this clause 10 or otherwise in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, we hereby exclude:
• all conditions, warranties and other terms which might be implied by law or otherwise;
• any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use of or inability to use the Website, including loss of income, loss of business, loss of profit, loss or corruption of data, information or software, or wasted time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In particular, we will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment and content embodied on it as a result of your use of the Website.
11. WHITE CUBE’S CONTACT DETAILS
If you have any queries about these Terms or any other aspect of our Website you can phone us on + 44(0) 20 7930 5373, email us at email@example.com, or write to us at White Cube, 144-152 Bermondsey Street, London SE1 3YQ. We will endeavour to respond as quickly as possible.
Any use of the term “including” in these Terms shall be construed as meaning “including but not limited to”.
No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
If any court or competent authority finds that any of these Terms is invalid, illegal or unenforceable, that term shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other terms shall not be affected.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law, and the English courts will have non-exclusive jurisdiction in respect of any such dispute or claim.
These Terms were last updated on 23/10/12.