Terms and Conditions

Titasong.com Terms of Use Agreement

July 16 2000

Titasong.com (“Titasong.com” or “We” or “Us” or “Titasong”) is comprised of a website (“Website” or “Site”) providing an online art resource that allows users to access and share information related to art as well as services offered from the Site. The services offered by Titasong.com include the content accessible by means of the Site, including related newsletters, publications, offerings, and any other features or content offered from time to time by Titasong.com in connection with the Titasong Website (collectively, the “Titasong Services” or “Services”, and which may include “Premium Services” as defined herein)

By visiting the Site or using Titasong Services, you accept the Terms herein, in the Privacy Policy and in the Refund Policy, which are incorporated into these Terms by reference. If you are not agreeable to these Terms do not use the Site or register for any Titasong Services. Titasong.com reserves the right to modify or amend these Terms from time to time without notice. We will post the changes to update you and your continued use of the Site or Services will be implicit acceptance of those Terms.

This Terms of Use Agreement (“Agreement”) contains the legally binding terms for your use of the Titasong Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Member” (which means that you have accessed and registered to use Titasong.com) or not. The term “User” refers to any user, including Members. You are only authorized to use the Titasong Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should exit the Titasong Website immediately and discontinue use of the Services without further access to the Site. If you wish to become a Member, communicate with other Members, or make use of any Titasong Services, you must read this Agreement and indicate your acceptance.

This Agreement includes Titasong.com‘s policy for acceptable use of the Titasong Services and terms that apply to text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) posted on the Titasong Website, your rights, obligations and restrictions regarding your use of the Titasong Services, including the Refund Policy, any and all applicable copyright rules and regulations, and Titasong.com‘s Privacy Policy. In order to participate in certain Titasong Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Titasong Services in which you choose to participate, any additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@Titasong.com, Subject: Terms of Use Agreement.

Titasong.com may modify this Agreement from time to time and such modification shall be effective upon posting by Titasong.com to the Titasong Website. You agree to be bound to any changes to this Agreement when you use the Titasong Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are up to date regarding changes.

Please be careful with the information that you post on the site or provide to other Users. Titasong.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Titasong Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. Use of and Membership in the Titasong Services is void where prohibited. By using the Titasong Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of legal age or older or otherwise have the ability to form a binding contract; (d) you are not a resident of the British Virgin Islands (“BVI”); and (e) your use of the Titasong Services does not violate any applicable law or regulation or any obligation you may have to a third party.

Term. This Agreement shall remain in full force and effect while you use the Titasong Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the website. Titasong.com may suspend or terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections ‎5-‎17.

Fees. Not all sections of the Site or Services are free of charge. Should you decide to purchase a service or services from Titasong.com you will be asked to pay your fees in full and in advance, at rate as may be amended from time to time by Titasong as a condition for obtaining and retaining your membership and/or services privileges, or alternatively provide Us with a valid registration coupon or other duly authorized privilege. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. Prices on the Website are shown in US Dollars unless otherwise indicated. Titasong will not be responsible for any currency exchange difference, including when providing a refund.

Password and Account Access. If you sign up to become a Member you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Titasong.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password or details of the payment method associated with the account to anyone. We may terminate your account or place your account on hold in order to protect you, Us or our partners from identity theft or other fraudulent activity. The Service and any content accessed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. As a Member, under any subscription plan, whether for free or for a fee, you may not access your account on more than two devices concurrently, unless you are registered with a Premium Membership plan which specifically includes additional devices for an additional fee.

Premium Services.

Fees, Payments: By subscribing for any of the following services: Premium Membership, Personal Alerts, Essentials, VIP Membership, Artists’ Channel, My Collection or Art Appraisal (“Premium Services”), you agree to pay the fees indicated, in exchange for the services offered. Applicable fees will be invoiced starting from the day your applicable Premium Service is rendered and in advance of using any of the services. Titasong reserves the right to change the payment terms and fees upon fifteen (15) days written notice. Notice can include posting such notice on the Titasong.com website. Premium Services can be cancelled by you with thirty (30) days written notice to Titasong and such cancellation will be subject to Titasong’s Refund Policy which can be found here.

Monthly Plan: Monthly Premium subscribers shall be entitled to the benefits of the Premium Membership yearly plan prorated by twelve (12) for the total number of months subscribed in the Monthly Premium Membership plan, as on the month a specific service is consumed Premium Services/Third Party services: Some of the Service offerings, besides the Premium Membership, may be offered through third party providers, and Titasong explicitly disclaims and limits liability for the Premium Services offered by Third Parties, as stated in Paragraphs ‎11 and ‎12 of these Terms of Use.

Titasong does not endorse and is not responsible for the opinions of any Third Party offering services under the any of the Services offered and/or the Premium Services. Further, you understand and agree that Titasong does not recommend, endorse, authenticate, or warrant any product, offer, service, opinion, suggestion, recommendation, proposal, or the like offered by any such third party.

My Collection: My Collection is a collection management system which allows you to better manage, keep track, maintain, and analyze your art collection and have access to other Third Party services by uploading your collection information and data and keeping it in one orderly accessible place. The use of My Collection will be governed by this general Terms and Conditions Agreement. The minimum subscription period is twelve (12) months and the annual fee for the My Collection service is non-refundable. Any requested cancellation shall become effective following the current annual billing period.

Non-Commercial Use by Members.The Titasong Site and Services are for the personal use of Members only and may not be used in connection with any commercial endeavors. You may print up to one (1) copy of the Content posted on the Titasong Website only for your personal use and not for distribution of any sort, including printing and/or copying, or any other commercial use whatsoever. Illegal and/or unauthorized use of the Titasong Services, including collecting usernames and/or email addresses of Users, crawling for Content either manually or automatically by electronic or other means for the purpose of sending unsolicited email, or for any other reason, or unauthorized framing of or linking to the Titasong Website or use of its content is prohibited. Posting of commercial advertisements, links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Titasong Services. Without derogating from any other right granted to Titasong.com in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Titasong Services, with no refund for fees paid in connection with Premium Services.

Proprietary Rights in Content on Titasong.com; Trademarks.

The Site contains content (“Titasong.com Content”). Titasong.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Titasong.com owns and retains all rights in the Titasong.com Content and the Titasong Services. In addition, the Titasong Services may also contain Content of The H.W. Wilson Company (“Wilson Content”), which is protected by copyright, trademark, patent, trade secret and other laws, and The H.W. Wilson Company owns and retains all rights in such Content. Subject to the limitations set forth in Section ‎5 above, Titasong.com hereby grants you a limited, revocable, nonsublicenseable license to display and print the Titasong.com Content and the Wilson Content (in both cases, excluding any software code) solely for your personal use in connection with viewing the Titasong Website and using the Titasong Services.

The Site may also contain Content of Users and other Titasong.com affiliates, partners, and licensed content providers, including galleries, museums, auction houses and other art-related entities. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Titasong Services. Content that is offered by those other than Titasong.com, is not necessarily owned and/or licensed by the Site.

“Titasong”, “Titasong.com” and other Titasong trademarks, service marks, logos, product and service names are trademarks of Titasong Holding Inc. (collectively, “Marks”). Without the prior written permission of Titasong Holding Inc. you agree not to display or use the Marks in any manner.

By posting any content on the Site, you agree to grant Us a non-exclusive, irrevocable, unlimited, world-wide, royalty free license to display, publish, use, reproduce, reformat, compile, archive, keep track, analyses, manage, hold information, distribute, and transmit such content in the site and in any other form of media, whether now known or hereinafter devised.

The following is a partial list of the kind of activity that is illegal or prohibited on the Titasong Website and through your use of the Titasong Services. Titasong.com reserves the right to investigate and take appropriate legal action against anyone who, in Titasong.com‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

any automated use of the system.

interfering with, disrupting, or creating an undue burden on the Titasong Services or the networks or services connected to the Titasong Services;

attempting to or impersonating another User or person or in any way altering your identity;

using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;

selling or otherwise transferring your membership;

using any information obtained from the Titasong Services in order to harass, abuse, or harm another person;

using the Titasong Services in a manner inconsistent with any and all applicable laws and regulations.

Posting Content that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

Copyright Policy.No User may post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Titasong Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Titasong Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Titasong.com‘s Copyright Agent for notice of claims of copyright infringement can be reached at: privacy@titasong.com

Member Disputes.You are solely responsible for your interactions with other Titasong.com Users. Titasong.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy. Use of the Titasong Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.

Disclaimers. Titasong.com is not responsible for any incorrect or inaccurate Content posted on the Titasong Website or in connection with the Titasong Services or Premium Services, or for reliance on such Content, whether caused by Users of the Titasong Services or by any of the equipment or programming associated with or utilized in the Titasong Services or any Third Parties or caused in a different manner. Content posted on the Titasong Website is subject to change from time to time at Titasong’s sole discretion. Content created and/or posted by Users, or Titasong partners, including museums, auction houses and galleries, on the Titasong Website may contain links to other websites or Content posted by third parties. Titasong.com is not responsible for the Content or Services, accuracy or opinions expressed on such websites or by such Third Parties, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Titasong.com. Inclusion of any linked website on the Titasong Services does not imply approval or endorsement of the linked website by Titasong.com. Accessing these third-party sites is at your own risk. Titasong.com takes no responsibility for third party advertisements which are posted on this Titasong Website or through the Titasong Services, nor does it take any responsibility for the goods or services provided by its advertisers, whether or not Titasong.com facilitated the initial contact between you and the service provider. Titasong.com is not responsible for the conduct, whether online or offline, of any User of the Titasong Services. Titasong.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or the Site, including without limitation any down-time. Titasong.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Titasong Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Titasong Services. Under no circumstances shall Titasong.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Titasong Services, from omissions or inaccuracies in the Titasong Services, from any reliance on the information contained in the Services, from any Content posted on or through the Titasong Services, or from the conduct of any Users of the Titasong Services, whether online or offline. The Titasong Services are provided “AS-IS” and as available and Titasong.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Titasong.com cannot guarantee and does not promise any specific results from use of the Titasong Services or Premium Services. Titasong encourages you to consult with professional advisors, art experts and investment professionals before making any buying or selling, or other investment decisions. The past performance may not be indicative of future results

Limitation on Liability.IN NO EVENT SHALL TITASONG.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR RELYING ON ANY INFORMATION CONTAINED IN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MAKING OF ANY SALE OR PURCHASE OR OTHER INVESTMENT DECISION, OR THE PROVISION OF ANY ADVICE IN编辑分享

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