This agreement describes the terms and conditions on which David A. Silverman, Inc. provides a user ("you") access to those special services made available only to registered users. If you have a question about these terms, please contact us through the contact us link at the bottom of the page.

Acceptance of Terms. When you complete the registration process you agree to these Terms which consist of the General Legal Terms, Privacy Policy, Copywright Policy and other services terms. We may amend these Terms at any time. The amended terms shall automatically be effective seven (7) days after they are initially posted on our site. Your continued use of our services will signify your acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your registration by sending a request through the contact link at the bottom of the page. This Agreement may not be otherwise amended except in writing signed by both parties.

General Legal Terms. Right to Refuse Services. David A. Silverman, Inc. may refuse our services to anyone at any time, in our sole discretion. David A. Silverman, Inc. reserves the right to discontinue, temporarily or permanently, any or all of our services to anyone at any time, with or without notice.

Content. You agree that any information provided by you, including but not limited to art listings for sale or promotion of businesses and the images associated with these listings through our hosting service ("Your Information"): will not be fraudulent or involve the sale of counterfeit, stolen or illegal items; will not infringe upon David A. Silverman, Inc or any third party's copyright, patent, trademark, or other intellectual property rights, or violate any proprietary rights or rights of publicity or privacy of David A. Silverman Inc. or any third party; will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or invasive of a person's privacy; will not be obscene or contain any pornography; will not use strong vulgar language, crude or explicit sexual references, demeaning racial or ethnic remarks, and/or hate speech; will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with , surreptitiously intercept or expropriate any system, data or personal information; and will not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; (ii) falsely inflate the strengths or capabilities of the goods or services; (iii) you do not own or otherwise have the right to represent, sell, market or distribute; or (iv) you do not have a right to link to or include.

The License You Grant to Us. By accepting and entering into this Agreement you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, proprietary and personal rights you have in Your Information, in any media now known or not currently known, but solely for purposes consistent with our provision of services to you and other users of the ArtIndex service.

Privacy. David A. Silverman Inc. will only use your Information in accordance with our Privacy Policy. The Privacy Policy is part of this agreement; please review it. Please note that when you disclose personal information on our submission system, that information may be collected and used by others.

What Happens if You Violate the Terms of this Agreement? At our sole discretion, we may immediately issue a warning, temporarily suspend, or terminate your registration, and delete your information if you breach this agreement. If you wish, you may also terminate this Agreement at any time, for any reason, by giving us notice of termination.

Services are Provided "As Is." We will try very hard to make your experience on the ArtIndex Platform a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may occasionally result in loss of data or other service interruptions. For this reason, you agree that the services provided on the ArtIndex Platform are provided "AS IS". We cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. WE PROVIDE OUR WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Accuracy of the material that appears on the ArtIndex Platform is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on our site, you should confirm any facts that are important to your decision.

Third Party Listings. All terms and matters of performance relating to specific goods, information or services accessed, purchased or sold by you via the ArtIndex platform, affiliated service, or otherwise (including but not limited to accuracy of information, purchase terms, payment terms, warranties, guarantees, maintenace and delivery) are solely between you and the applicable third party. David A. Silverman Inc. is not a party to any transaction or information between you and any third party buyer, seller, promoter, consignor, gallery, or auction web site or business. David A. Silverman Inc. makes no warranties or representations with regard to any information, goods or services that may be subject to such exchanges or transactions, and David A. Silverman Inc. shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of such third parties, including without limitation in the event that after a exchange or transaction is initiated between you and a third party, David A. Silverman Inc. thereafter denies that third party further access to or communication by way of the ArtIndex platform.

Limit of Liability. IN NO EVENT SHALL WE OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECITON WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF NEGLIGENCE) EVEN IF WE OR OUR SUPPLIERS WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations in your use of our services.

No Agency. You and David A. Silverman Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, either party may bring an injunction proceeding before a court or equity in the event that damages for a breach are not likely to an adequate remedy, such proceeding to be brought in a judicial district that includes Los Angeles, California, and you hereby consent to the jurisdiction of such court.

General. This Agreement shall be governed by the laws of the State of California excluding that body of law known as conflicts of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

COPYRIGHT POLICY. David A. Silverman Inc. respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, David A. Silverman Inc. may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others.