TERMS OF USE
[POSTED 11/4/24 | LAST REVISED 11/1824]
IMPORTANT NOTICE
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”)CAREFULLY BEFORE USING WWW.FEVERDREAM.CO (THE “WEBSITE”) AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US, YOUR WAIVER OF CLASS-ACTION PROCEEDINGS, AND MANDATORY ARBITRATION.
This Website is owned and operated by feverdream (“feverdream” or “we,” “our,” or “us”). Certain portions of the Website may not be available to you unless you have registered. These Terms of Use govern your use of the Website, whether accessed via computer, mobile device, tablet or other means. By using the Website or Services offered thereby (as further defined below), you are stating that you have read and understand, and agree to be bound by, these Terms of Use. You agree that these Terms of Use incorporate and include feverdream’s Privacy Policy, available at www.feverdream.co/privacy. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.
In some instances, both these Terms of Use and separate terms or documents setting forth additional conditions may apply to the Service or a feature, function, or other service offered via the Website (“Additional Terms”), including without limitation the Patron Acquisition & Exhibition Terms, the Artist Accession & Consignment Terms, and the Conditions of Sale listed herein. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of data in accordance with the Website’s Privacy Policy.
COLLECTION, CURATION, CONSIGNMENT, & EXHIBITION SERVICES
The Website provides users with digital access to an exclusively curated collection of original works of art accessioned the feverdream Collection (the “Collection”) maintained for permanent exhibition at www.feverdream.co/gallery (the “Virtual Gallery”), including those works deaccessioned and acquired or leased for private or semipublic exhibition by feverdream Patrons (comprising the “Distributed Museum”), information pertaining to the creation, context, and curation of the works and artists featured in the Collection, the Virtual Gallery, and the Distributed Museum, and educational information and functionality about the collection, exhibition, and display of artistic works for those interested in cultivating an appreciation for the exhibited works, or exploring a personal aesthetic the appreciation, collection, and display of original works of art.
The Website’s designated registration portals for Artists and Patrons offer information and functionality for a cultivated community of fine artists, including alumnae of feverdream’s Artist-in-Residency program and others whose works are selected for accession to the Collection (“Artists”), and private collectors who support the creation and exhibition of original works of art through the lease and acquisition of curated works from the Collection (“Patrons”). This designated functionality includes without limitation bespoke services performed upon request by feverdream’s collections and curatorial staff, including without limitation Collection accessions, curated lending, and consigned acquisition of fine-art paintings and other works from the Collection, as well as feverdream’s curatorial, exhibition, display, patron-acquisition, platform-presentation, and public-exhibition efforts (the “Services”), all rendered in furtherance of feverdream’s charitable mission to enhance and inform the role of the visual arts across public and private life.
WEBSITE OWNERSHIP & PERMITTED USE
The Website is owned and operated by feverdream. The Website and all intellectual property and other rights relating thereto are and will remain the property of feverdream and its licensors (including, without limitation, the content, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Website; the compilation of the content, code, data and materials in the Website; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights [including rights of authorship, attribution and subsequent modification] and other intellectual property and
proprietary rights [whether registered or unregistered in any jurisdiction]). The Website is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, create derivate works of, or disassemble any part of the Website without the prior written permission of feverdream. You acknowledge that you do not acquire any ownership rights by using the Website. The Website shall be used solely in accordance with the terms herein. The Website is provided solely for the purposes provided in these Terms of Use. Use of the Website for any other purpose is strictly prohibited. At all times, access and use of the Website is restricted to only lawful purposes.
feverdream reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently disable or discontinue, the Website, or any part or portion thereof, with or without notice to you. You agree that feverdream shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate feverdream to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of feverdream and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of feverdream or the third party owner of any such Trademark.
USER ELIGIBILITY
1. You must be 18 years or older to access the Website. Any persons under the age of 18 are not permitted to access the Service or Website.
2. You may not have more than one active account and information input by you relating to your account must be true and accurate.
3. You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
If you do not meet the foregoing eligibility requirements, you may not use the Service or the Website.
YOUR REGISTERED ACCOUNT
Access to certain functionalities of the Website, including the Patron and Artist portals, will require you to register an account with and provide certain information to feverdream. Your account is personal to you, and you may not share your account information with, or allow access to or usage of your account by any third party. We reserve the right to decline to provide access to the Website, or registration of an account, to any person for any or no reason. If and when you provide information to feverdream, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and
update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or feverdream has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, feverdream has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Service (or any portion thereof).
You understand and acknowledge that you are solely responsible for maintaining the confidentiality of your access credentials and other account information, and for restricting access to your computer or device. You acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Website. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. For this reason, we recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by feverdream and others due to any unauthorized use of your account.
LIMITED LICENSE & ACCEPTABLE USE POLICY.
Subject to the restrictions and limitations set forth in these Terms of Use, feverdream grants you a limited license to access and use the Website solely for personal use for purposes of (a) accessing and viewing the content on the Website, via your account, on your computer or other Internet compatible device, including mobile devices and tablets, and (b) placing art-acquisition or loan-exhibition requests or orders (as applicable and in accordance with the terms herein and any Additional Terms set forth by feverdream) for works catalogued, displayed, listed, or otherwise made available by or through the Website, and (c) communicating with feverdream as provided for by or through the Website. The Website and your account, if any, may only be used in the limited manner provided above. Any other use of the Website is strictly prohibited.
You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website and not to access or use the Website from a jurisdiction where such access or use illegal or unauthorized. In addition, you agree that you will not do any of the following while using or accessing the Website:
1. Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any feverdream content or materials;
2. Use any metadata, meta tags or other hidden text utilizing a feverdream name, trademark, URL or product name;
3. In any way use the Website to send altered, deceptive or false source-identifying information;
4. Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;
5. Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, invade the privacy of any third party, or are otherwise objectionable in the sole opinion of feverdream;
6. Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of feverdream’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
7. Attempt to scan, probe or test the vulnerability of any feverdream system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;
8. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;
9. Translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a web browser)
10. Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by feverdream or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome), including any software that sends queries to the Website to determine how a website or web page ranks.
11. Download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works of, transfer, sell, license, rent or otherwise exploit or make commercial use or availability of the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website).
12. Upload, post, or transmit any material that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in feverdream’s sole discretion) an unreasonable or disproportionately large load on feverdream’s infrastructure, or interferes with any other party's use and enjoyment of the Website; or any use of data mining, robots, or similar data gathering and extraction tools.
13. Bypass or attempt to bypass any measures used by feverdream to disrupt or prevent or restrict access to the Website or Service. Any unauthorized use by you shall terminate the permission or license granted to you by feverdream.
14. Insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Website; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
15. Engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e- mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Website or through the Website or the services offered on or through the Website;
16. Use the Website or any services, content, functions, information, materials or products available through the Website in violation of feverdream or any third party's intellectual property or other proprietary or legal rights;
17. Frame or link to the Website without our express written permission;
18. Use the Website or any services, content, functions, information, materials or products available through the Website for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
19. Collect or store personal data about users of the Website;
20. Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
21. Use the Website for any commercial distribution, publishing, use or exploitation of the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website), unless you have received the express prior written permission of feverdream or the applicable rights holder.
22. Use the Website in any manner not permitted by these Terms of Use; or
23. Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.
SUBMITTED CONTENT
Unless specifically requested, feverdream does not solicit nor does it wish to receive any confidential, secret or proprietary information through the Website, by e-mail or in any other way. Subject only to the Privacy Policy, you agree that any ideas, feedback, information, photos, materials or content that you provide, submit, upload or otherwise transmit to feverdream or on the Website (“User Content”) will be available for our unrestricted use free of any obligations to you. You hereby:
1. Grant to feverdream a royalty-free, perpetual, irrevocable, non- exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by feverdream and/ or by any person authorized by feverdream, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
2. Waive all moral rights in the User Content that may be available to you;
3. Represent and warrant that you are the sole owner of the User Content and are entitled and have all applicable rights arising in relation thereto, including without limitation all rights necessary to enter into these Terms of Use;
4. Confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that feverdream shall not be liable for any use or disclosure of such User Content. Except as otherwise described in the Website’s posted Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. Upon feverdream’s request, you will furnish feverdream any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
THIRD-PARTY LINKS.
The Website may contain links to third-party websites for your convenience. feverdream does not control such linked websites or the content provided through such websites, and feverdream
has not reviewed, in their entirety, such websites. Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and feverdream disclaims all liability for or arising in connection with such use. Such links do not indicate any approval or endorsement by feverdream of any such linked website or any material contained on any such linked website, and feverdream disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and feverdream is not responsible for and disclaims any endorsement of, any such product, service or publication.
WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION, WEBSITE, AND/OR ANY CONTENT THEREOF IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components. feverdream does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and Information and your reliance thereon.
CURATION
You acknowledge and agree that feverdream’s collection, accessioning, exhibition, curation, preservation, collection, provenance, installation, and acquisition-related services are rendered independently and in-house, consistent with its charitable mission and status. Persons or brand identified on the Website do not direct or control feverdream’s pursuit of its artistic and charitable missions, assume no responsibility for decisions made pursuant thereto, and except as expressly identified by such person or brand, are not partnered or affiliated with feverdream in any manner.
LIMITATION OF LIABILITY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY. NEITHER feverdream NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ENDORSE OR ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) THE WEBSITE, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE OR SERVICE BY ANY PARTY, (F) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE WEBSITE OR A LINKED SITE. (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY feverdream OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL-PROPERTY OWNERS; (I) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION OR DESCRIPTIONS OF EQUIPMENT OR MEMORABILIA; OR (J) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF feverdream HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF feverdream TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.
WAIVER OF UNKNOWN CLAIMS.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
INDEMNIFICATION
You agree that you will indemnify and hold harmless (and upon feverdream’s request, defend) feverdream and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use. If feverdream asks you to defend any such action, suit or claim, feverdream will have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claims for which feverdream is entitled to indemnification without our prior written approval.
NON U.S. USERS
feverdream makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website are appropriate or available for use in other locations.
Accessing the Website from territories where the Website (or any content or functionality of the Website or portion thereof) is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
TERM AND TERMINATION
These Terms of Use are effective from the date that you first access the Website or submit any information to feverdream via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. feverdream may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. feverdream may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all feverdream rights of ownership, shall survive any termination or expiration of these Terms of Use.
ARBITRATION/GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration in accordance with the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Cleveland, Ohio and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Ohio. Venue will lie exclusively in Cleveland, Ohio. For the sake of clarity, nothing in this paragraph shall affect feverdream’s ability to seek from a court injunctive or equitable relief at any time. You agree that any arbitration will be conducted only on an individual basis between you and feverdream and not in a class, consolidated or representative action or arbitration.
If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
ELECTRONIC COMMUNICATION
You consent to receive communications electronically from feverdream. feverdream will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
MODIFICATION AND CHANGES
feverdream reserves the right to make changes to the Service, Website, related policies and agreements, these Terms of Use and the Privacy Policy at any time. It is your responsibility to review the Terms of Use from time to time for updates.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and feverdream relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and feverdream with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by feverdream as provided herein or otherwise by written instrument signed by feverdream. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by you except with feverdream’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. feverdream may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. feverdream shall have no liability under these Terms of Use to the extent arising from any failure of feverdream to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, pandemic or public health emergency, strikes or labor disputes, or any other event not within feverdream’s reasonable control.
CONDITIONS OF EXHIBITION, SALE, AND DESCRIPTION OF ART
Feverdream’s knowledge in relation to each work of art displayed in the Distributed Museum’s Virtual Gallery is partially dependent on information provided to us by the Artist. Unless stated or certified by express designation otherwise, feverdream is not able to and does not carry out exhaustive fact-checking, biographical research, provenance confirmation, or other due diligence on each catalogued work. feverdream shall exercise reasonable care when making express statements in descriptions or condition reports consistent in its role as vendor, exhibitor, lessor, or curator, as applicable, of works accessioned to the feverdream Collection, considering (i) information provided to feverdream by the Artist (as applicable), (ii) technical or specialized curatorial knowledge exercised by in-house feverdream staff, and (iii) generally accepted opinions of relevant experts solely at the time any such express statement is made.
Descriptions of works are not warranties and, except as provided by specific acquisition instruments, each sale or lease of a work of art by feverdream is sold or leased "as is." All representations or statements made by feverdream as to the authorship, creation, origin, date, age, size, medium, attribution, genuineness, condition or estimated selling price of any work of art made available by feverdream for exhibition or acquisition through the Website is a statement of opinion only. All photographic representations and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of revealing or describing any features, attributes, or imperfections in the physical embodiment or original fixation of the work. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from damage or defects nor does any reference to particular damage or defects imply the absence of others.
LIMITATION OF LIABILITY
Neither the Artists nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any works of art displayed or reproduced on the Website, nor for any other errors or omissions in descriptions or discussions arising in relation thereto. Neither the Artists, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any work of art with regard to merchantability, fitness for particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, history, or historical relevance. Except as required by local law, any warranty of any kind whatsoever is excluded by this paragraph.
In the event you discover that a work sold on this website is not of the description or provenance ascribed thereto at sale, then upon three (3) months from the date of sale you may contact
feverdream in writing specifying the sale in which the work was included and the reasons why the accuracy or authenticity of the work is being questioned. Upon receiving such notice, feverdream may rescind the sale andreturn the purchase price to you in its sole discretion, provided that feverdream reserves the right, as a condition to rescind any sale, to require the buyer to provide to us at the buyer's expense the written opinions of two recognized experts in the field acceptable to feverdream before feverdream determines whether or not to cancel the sale. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense. Please note that any recision or cancellation of a sale is in feverdream’s sole discretion and is not guaranteed nor an automatic remedy provided.
Additionally, this remedy, if so provided by feverdream, shall constitute the sole remedy and recourse of the buyer against feverdream, its affiliates, and the Artist, and is in lieu of any other remedy available as a matter of law or equity. Neither feverdream nor its affiliates shall be liable for loss or damage beyond this remedy, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, orinterest on the original purchase price.
PURCHASES AND PAYMENT
All sales and transactions consummated on the Website are final. Unless expressly and specifically provided otherwise by contractual instrument relating to a particular artistic installation or work, there will be no refunds or replacements available except as expressly provided for herein. Purchases by credit or debit card are pre-authorized and automatic once approved by feverdream.
REQUESTS & OFFERS TO LEASE OR PURCHASE ART.
When using the Website you agree to the following:
1. You are responsible for reading the full item listing before making a request to buy or lease a work or curated collection of works.
2. You enter into a legally binding contract to purchase or lease a work or works of art when you commit to consummate a transaction, or your request or offer is accepted or approved.
3. If you request or offer to consummate a transaction you represent and warrant that you have the appropriate amount of funds available on the proffered method of payment to do so.
SALES TAX
Purchases of artworks or exhibition leases may be subject to sales, use, excise or other taxes in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. Buyers claiming exemption from sales tax must have appropriate documentation on file with feverdream prior to the release of the purchased work.
PACKAGE AND SHIPPING
Buyers are responsible for all shipping costs and fees. feverdream may require a copy of any government issued identification prior shipping a. At the buyer’s expense feverdream will either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for equipment or memorabilia purchased from feverdream. feverdream will not be liable for acts or omissions of third party packers or shippers.