Live Auction Art is provided by BLUE INDEX Co.,Ltd. (the “Company”).We provide applications for mobile and tablet devices(the “Platform”) in order to provide you with information about auctions and other events and services by third party auction houses (the “Third Party”) in the world.
The following Terms and Conditions (the "Terms") govern your use of the Platform on which they are posted. Your use of certain areas or features of the Platform may be subject to additional or separate Terms, which will be posted or otherwise made available to you in connection with such area or feature. We may change the Terms at any time without notice to you, by posting such changes on the Platform. By accessing, using, browsing, registering, or making reference to the Platform, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use this Platform.
You must be 18 years of age or older to use this Platform. Any person who provides their personal information through the Platform represents to the Company that they are 18 years of age or older. You may access and the view the content on the Platform on your mobile device and tablets and make prints of the content on the Platform for your internal person use only. The content on the Platform may not be accurate at all times. Using the platform is for reference ONLY.
You must not use this Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of(or is linked to)any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the Company’s express written consent. The Company will enforce its intellectual property rights to the fullest extent of the law.
The Company(or Third Party) own all rights title, and interest in and to the Platform all the content including but not limited to images, photographs, illustrations, text, graphics, logos, button icons, other visuals video, copy, software, categoryCode, data and materials thereon, the look and feel, design and organization of the Platform, and the compilation of the content, categoryCode, data and materials on the Platform, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets moral rights (including the rights of authorship and attribution and subsequent modification),sui generis rights and other intellectual property and proprietary rights(whether registered or unregistered in any jurisdiction) therein.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Platform or on content available through the Platform are registered and unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by the Company that appear on the Platform or on or through the Platform’s services, if any, are the property of their respective owners. Nothing contained on the Platform should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Platform without our express written permission or that of the Third Party rights holder Your misuse of the Trademarks displayed on the Platform is strictly prohibited.
In the course of your use of the Platform, you may be asked to provide certain personalized information to the Company (such information referred to hereinafter as "User Information"). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. User information will not be shared with other Company. The Company will use the information you provided to respond to your requests, to provide you with our product and service offerings, to maintain our internal record keeping, to track payments if any, to send you notices about upcoming events that you follow of artist(s), artwork(s), and auction house(s), and to provide offers from other entities of the Company.
In these Terms, “your user content” means material (including without limitation to texts, images, audio materials, video materials and audio-visual materials) that you submit or grant access to this Platform, for whatever purpose. You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media or Company-affiliated services. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any Third Party's legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a Third Party(in each case under any applicable law). You must not submit any user content to the Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. The Company reserves the right to edit or remove any material submitted to this website, or stored on the Company servers or hosted or published upon this Platform. Notwithstanding the Company rights under these terms and conditions in relation to user content, the Company does not undertake to monitor the submission of such content to or the publication of such content on, this Platform.
The Company reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Platform or through the Platform’s services or features by users, and The Company is not responsible for any such information and materials posted by users or Third Parties. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials in whole or in part, that in the Company’s sole discretion are objectionable or in violation of these Terms or applicable law. The Company may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if the Company believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice or liability.
You are not permitted to link directly to any image hosted on the Platform or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site or mobile application. You agree not to download or use images hosted on this Platform on another web site or mobile application, for any purpose, including, without limitation, posting such images on another site or mobile application. The Company reserve all of our rights under the law to insist that any link to the Platform be discontinued, and to revoke your right to link to the Platform from any other web site or mobile application at any time upon written notice to you. The Web Site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Links to Linked Sites do not constitute an endorsement or sponsorship by the Company, nor the Third Party of such web sites or mobile platforms or the information, content, products, services, advertising, categoryCode or other materials presented on or through such web sites or mobile platforms. Any reliance on the contents of a third party web site or mobile platform is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will the Company be held responsible or liable directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on any content goods or services available on any other site. You should direct any concerns to that site or mobile platform's administrator or webmaster.
The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:
1) a description of the copyrighted work that you claim has been infringed
2) a description of where the Material that you claim is infringing is located on the site
3) your address, telephone number, and e-mail address
4) 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.
The Company's Copyright Agent for Notice of claims of copyright infringement on the Platform is
Jake Kim at:
- Jake Kim
- BLUE INDEX Co., Ltd.
- Horim Art Center
- 317, Dosan-Daero
- Seoul, Korea
This Platform is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this Platform or the information and materials provided on this Platform. Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that
1) this Platform will be constantly available, or available at all or
2) the information on this Platform is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
The Company shall not be liable whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Ordinance (Laws of Republic of Korea) or in any other way for lack of conformity with or any inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in respect of it, made by the Company or on its behalf or by or on behalf of the Third Party (whether made in writing, including in the Catalogue, or on our Website, or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the actual auction of Third Party.
The Company shall not be liable to you for any loss of damages, Business, Business profits, revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of the User’s management or staff or, if you are buying the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.
The Company does not warrant that the Platform will operate error-free, continuously or without interruption, or that the Platform or its server are free of computer or mobile viruses or other harmful content. If your use of the Platform or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The Platform and material are provided on an “as is” basis without any warranties of any kind. The Company and its Third Party, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or Third Party rights and the warranty of fitness for particular purpose. The Company and its Third Party make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
If you are dissatisfied with any portion of the Platform, or with any provision of the agreement, your sole and exclusive remedy is to discontinue using the Platform.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors employees and agents from and against any losses, liabilities, damages costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software) your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and if it is one asserted by a third party shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
The Subscription Agreement and Terms of Sale (hereafter, the "Agreement") governs your use of Company’s products and services more fully described below ("Products"), and creates a legally binding agreement between you and Company ("we," "us," "our," or "Live Auction Art"). By checking the box marked “I Accept” at starting page, you accept and agree to be bound by this Agreement.
Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and mobile applications and any applicable changes. Changes to this Agreement may be posted on our website and mobile application without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use the Company products.
Subscription allows users to conveniently and consistently search auction results. Illustrated monthly subscriptions are monthly recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. The user is granted access to an unlimited number of illustrated searches.
“Artworks” on the search results page is an interactive platform that effectively promotes art galleries on the web. Gallery membership gives any gallery a presence on the global art market through the company product and services.
The member gallery may submit or upload images of its artworks varying numbers of images and flexibility. Memberships can be applied for online, or by contacting the Company. All subscriptions automatically renew, and can be paid monthly or annually.
You will select your Plan as part of your registration for the services.
Each subscription period for the plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly) You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.
At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Apple, Google with email notice of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of out new fees, you will be charged at the then-current rate for such Plan, as provided at App Store, Google Play and other platform.
You can purchase subscriptions from the App Store and Google Play.
Payment and refund policies follow the policies of the App Store and Google Play.
Payment methods also follow the policies of the App Store and Google Play.
You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our Products. When the Company is required to collect such taxes from you, the Company may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by the Company with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.
Products are advertised in US dollars on the Company.com, and in U.S. Dollars.
Except if otherwise expressly stated, the Company will not refund any subscriptions. When you request a service from us, you agree that we may begin to provide the service immediately, and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away.
You may terminate any subscription under this Agreement by submitting a written notice to your representative. The effective date of such termination will be the end of the current billing period. In the event you initiate a reactivation of any subscription for any auto-renewing Product under this Agreement after a request for termination, the termination shall be null effective as of the date of such reactivation, and this Agreement will continue to be in effect. In the event of the termination of your subscription for any Product, you shall be responsible for payment of all charges through the rest of the subscription term for this
We may terminate your right to use and/or access any Product (including, but not limited to, any subscription which you may have for any Product) at any time in our sole discretion, with or without prior notice. We may also suspend your use of the Products by disabling your account for any reason, including, but not limited to, cases in which we believe you have violated the terms of this Agreement or you are using the information provided through the Products in a manner inconsistent with the spirit of this Agreement or the general Terms and Conditions. Any determination of the amount to be returned to you in the event of any such termination shall be made by the Company in its reasonable discretion, and shall be conclusive and binding. In the event of any termination by us, you will remain responsible for any balance remaining.
In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:
Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of the Company.
It shall be the gallery member’s sole and exclusive responsibility to secure any necessary permission and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third parties. The member represents and warrants that it has the right to publish the materials supplied to the Company and to grant the Company the rights licensed herein, and that such materials do not infringe on any third party’s rights and are not otherwise unlawful. The member grants the Company an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, distribute, or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by the member to the Company (collectively, the “materials”) for all purposes, in any format or media now known or hereinafter invented.
We reserve the right to issue replacement usernames and/or passwords at any time.
You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.
You agree that you will not:
(a) Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose
(b) Make any Product, or any element of it, available to other persons
(c) Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network
(d) Remove or obscure any copyright notice(s) from materials including hard-copy print-outs
(e) Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service
(f) Alter, amend, modify, translate, or change any Product, or any element of it
(g) Undertake any activity which may have a damaging effect on our or any of our third-party licensors' ability to achieve revenue through selling and marketing the Products
(h) Otherwise use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it
(i) Permit any third party to obtain remote access to any Product, or any element of it, through your computer network
(j) Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and back-up tapes
The Company, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.
We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the Company customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.
We shall not be liable for any claim or loss arising from:
(a) Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product
(b) Any failure by you to take steps recommended by us to resolve a fault in any Product
(c) Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us
(d) Your inability to use any Product due to website and mobile application downtime
To the fullest extent permitted by applicable law, the Company does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.
The Company encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results.
To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.
Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.
You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.
Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.
This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of Republic of Korea, without reference to the principles of conflicts of laws thereof, and of the Republic of Korea applicable therein. You consent to the jurisdiction of the courts of the Republic of Korea or, if subject matter jurisdiction exists, by the Republic of Korea federal courts, with venue in the Republic of Korea to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.
All matters to which this agreement applies and all connected matters will be governed by and construed in accordance with the laws of Republic of Korea.
The service is published in both Chinese and English. If there is any dispute in its interpretation, the English version shall prevail.
The Company does not represent that materials on the Platform are appropriate for use in all locations. Persons who choose to access the Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and Conditions and the relationship between you and the Company shall be governed by the laws of the Republic of Korea, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commence and be heard in the appropriate court in the Republic of Korea. You agree to submit to the personal and exclusive jurisdiction of the courts located within Republic of Korea. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by the Company must be made in writing and signed by an authorized representative of the Company specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, the Company’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights to rely upon or enforce any term or provision of this Agreement.
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and the Company will post the revised version on this Platform. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Platform and/or the services offered on or through the Platform after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.