July 16, 2018
The following are the terms and conditions (the “Terms”) under which you (“you”, “your” or a “User”) may use the website of Stair Galleries & Restoration, Inc. (the “Company”) at www.stairgalleries.com and/or any other addresses (any or all of which are herein referred to as the “Website”). Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Specific rules, conditions or terms (such as, by way of example only and not as a limitation, Conditions of Sale, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Website, and other rules, conditions and terms may be provided for the use of certain other items, areas or services provided on or in connection with the Website, and you agree to be bound by such rules.
WARNING: The content of the Website is not intended for minors. Such content extends to a wide range of art and antiquities, is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive or not suitable for minors, as well as access to live or electronic bidding on articles such as firearms or knives that may be harmful and/or illegal in the hands of minors and children and/or inappropriate for them to view or have access. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Website is inappropriate for your child, and to control the child’s use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Website.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL TERMS, CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE “AGREEMENT.”) IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEBSITE.
Statement of Ownership
The Website is solely and exclusively owned and maintained by the Company, including but not limited to rights, title, interests, trademarks (registered or not), copyrights (registered or not), database rights, rights of authorship, trade secrets, sui generis, and all intellectual property and proprietary rights. The contents of the Website, such as text, graphics, images, audio, video, data, articles, logos, price lists, coding, scripts, software, computer programs and other material (“Material” or “Materials”), are protected by copyright under the laws of the United States as well as other countries and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Your visitation to the Website, or usage of any features therein, does not grant you ownership of any feature or content contained therein.
License for Limited Uses
The Website and its contents, features, and services are available for use only if you have the legal capacity to form contracts under applicable law. You agree to all applicable laws and regulations regarding visitation to, and usage of, the Website. The Company authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with the Company. Any other use of Material requires our prior written consent.
Prohibited Website Uses
You may not republish, commercially distribute, duplicate, or exploit any aspect of the Website, either code or content. Other than the Fair Usage specified in the License for Limited Uses, you may not download, reproduce, modify, distribute, transfer, sell or create derivative works of any code, Material, contents or data (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), whether specifically copyrighted or not. Any unauthorized usage of the Website may subject you to civil or criminal prosecution. By accessing the Website, you agree not to:
- attempt to gain unauthorized access to any programs, code, systems, or data through any means, on any server or database used on the Website;
- engage in any collection of data, through such practices as “screen scraping,” “database scraping,” “robot,” “spider” or other automatic means nor use any electronic or automated means to extract or compile data (including, without limitation, information regarding other users, bidders, consignors and other clients of the Company) or content from the Website;
- publish, reproduce, distribute, or transmit any collection or compilation of data or any content obtained from the Website in any form or medium;
- attempt to gain unauthorized access to catalogue information and descriptions, images, email addresses or contact information of any kind;
- use the Website, or its contents, Materials or code in violation of the Company’s intellectual property or proprietary rights;
- make any attempt, or support any attempt, to reverse engineer, decompile, disassemble or in any manner attempt to ascertain any code supporting the Website and its services;
- attempt to insert any content, materials, advertising or business content into the Website, on behalf of yourself or any other party, or to copy any aspect of this Website’s content, services, descriptions, images, Materials or code into any other Website for commercial or malicious purposes, or to distribute any such content or any Material for commercial gain;
- attempt to gain unauthorized access to this Website or network, or any other website or computer network through this Website;
- remove or attempt to remove any “watermark” on any image which demonstrates the source of the image; and
- attempt any actions whatsoever that could serve to overburden, interrupt, slow, alter, damage or disable the Website, or impair in any manner the Website’s ability to deliver its services and content, including but not limited to such malicious practices as sending mass messages or “flooding” systems and servers with requests, data, or similar communications.
Trademarks, service marks, and logos (collectively the “Trademarks”) appearing on this Website are the property of their owners, and may not be used unless authorized in writing by the owner. No license or right to use any Trademark appearing on the Website is granted by implication or estoppel or otherwise. The Company and other Trademark holders will enforce their rights to the fullest extent possible under the law, including seeking criminal prosecution.
Your Intellectual Property
If you believe that your intellectual property appears on the Website without your permission, immediately contact the the Company’s Copyright Agent in writing (pursuant to 17 U.S.C. § 512(c)(2), including: 1) your address, telephone number and email address; 2) a description of the copyrighted material for which you claim infringement; 3) the specific URL where the alleged material is located; 4) your statement of your good faith belief that the disputed usage has not been authorized by you, or by your principal if you are an agent; 5) electronic or actual signature of the individual authorized to act on behalf of the alleged owner of the copyright interest; and 6) Your statement, under penalty of perjury, that the above submission and Notice is accurate, and that you are either the copyright owner or authorized to act as agent on their behalf.
Stair Galleries Copyright Agent
Stair Galleries & Restoration, Inc.
549 Warren Street
Hudson, NY 12534
Links to Other Websites
The Website may contain links to third-party websites 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 websites. 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 websites. In addition, a link to any third-party website does not imply that the Company endorses or accepts any responsibility for the content or use of such a website. If you decide to access linked third-party websites, you do so at your own risk.
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Website and the Material. Any use of the Website and the Material is at your own risk. Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Website and may be made at any time. The Company may alter, suspend, discontinue or terminate any section of or service on the Website at any time for any reason, and may terminate your right to access or use the Website, in either case without notice or explanation. Some Material on the Website is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies or differences between the descriptions of property provided on the Website, on the one hand, and the saleroom catalogue or saleroom addenda and announcements related to such property, on the other, the latter will in all events be considered to be authoritative and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, 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 SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimers of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER’S USE OF THE WEBSITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You hereby release the Company from any claim for damages, including but not limited to loss of profits or revenue, business or goodwill. In no event shall any claim or any award in any jurisdiction exceed the amount, if any, you paid to the Company to use the Website.
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 Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
The Website is based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Website, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the state courts for or within Columbia County in the State of New York, and the United States District Court sitting in Albany County, State of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.