Terms of Use
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TERMS OF USE
These terms of use (“Terms”) set out the terms on which you may use our website at whitecube.com ("Website”), whether as a visitor or as a registered user. By using the Website, you indicate that you accept these Terms and that you agree to abide by them. If you use the Website as an employee or representative of another legal entity, by using the Website, you indicate that you accept these Terms on behalf of yourself and such legal entity. If you do not agree to these Terms, please refrain from using the Website.
We also refer you to our:
Online Terms of Sale for the purchase of any goods from our Website Shop.
Where an artwork is described on the Website as “available”, this means the artwork is currently for sale from White Cube. Please note however that there may be a waiting list of interested buyers and the artwork will continue to be shown as “available” during negotiations until a sale has been concluded. We therefore welcome enquiries from users interested in acquiring any artwork shown as available but do not guarantee the artwork will be available for sale.
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ABOUT US
White Cube consists of White Cube Limited and several other companies located inside and outside the EEA. The principal operating companies are:
White Cube Limited, a company registered in Jersey at 2nd Floor Gaspé House, 66-72 Esplanade, St Helier, Jersey, JE1 1GH, Channel Islands, under registration no. 123395, whose principal place of business is 144-152 Bermondsey Street, London, SE1 3TQ;
White Cube Art Limited, registered in England and Wales with company number 08971144 at 144-152 Bermondsey Street, London SE1 3TQ;
White Cube Hong Kong Limited, registered in Hong Kong at 50 Connaught Road, Central, Hong Kong under registration no. 1629287;
White Cube Inc., registered in the State of Delaware at 251 Little Falls Drive, Wilmington, DE 19808, USA, under registration no. 5870240;
White Cube Paris SARL, registered in Paris at 10 Avenue Matignon, Paris 75008, Paris, France, under registration no. 823 397 690.
These Terms are issued on behalf of the White Cube group.
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ACCESS TO THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website.
You may access and view the content on the Website on your computer or another device. Unless otherwise specifically indicated in these Terms, use of the Website and the services offered on or through the Website are only for your personal, non-commercial use. The following are not permitted:
- Unauthorised text/data mining of Website content and metadata;
- Substantial public dissemination, display or hosting of Website content via any third-party platforms, including without limitation, the substantial or repeated extraction and/or storage of Website content in any retrieval system, or inclusion in any other computer program or work; and
- Reproduction of Website content for commercial purposes or any rental, leasing or lending of content obtained or derived from the Website;
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 or are in breach of any other contract with White Cube, we may immediately and without notice terminate your use of the Website, or any part of the Website, including disabling any online account you have registered with us.
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INTELLECTUAL PROPERTY
The content of the Website, including all text, images, videos and sound recordings and underlying software, as well as the design and arrangement of the Website is protected by copyright and other intellectual property rights. White Cube and its licensors are the owners of all such intellectual property rights. The names, titles, trademarks, service marks and logos that appear on the Website, including without limitation WHITE CUBE, are registered and unregistered marks 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 or part of the Website, in whole or in part, without first obtaining the written authorisation of White Cube and, where necessary, its licensors.
If you believe that any content or postings on this Website violate your intellectual property or other rights, please send to legal@whitecube.com an email detailing: (a) your name and the name of your company, if applicable, (b) your contact information, including a phone number, email address and mailing address, (c) the nature and substance of your complaint, including the content that infringes your rights; and (d) proof that you are the rights holder or authorised representative of the rights holder.
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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. It is strictly forbidden to frame content from the Website (ie presenting content from this Website in another website).
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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.
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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.
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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.
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WHITE CUBE’S LIABILITY
Nothing in this clause 9 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.
We provide the Website on an “as is” basis. To the fullest extent permitted by law, we hereby exclude:
- all conditions, warranties and other terms which might be implied by law or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose;
- 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.
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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, contact us, or write to us at White Cube, 144-152 Bermondsey Street, London SE1 3YQ. We will endeavour to respond as quickly as possible.
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GENERAL
Any use of the term “including” in these Terms shall be construed as meaning “including but not limited to”.
This Website is not intended for children under the age of 13.
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 in May 2023.