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27 Aug 2014, 12:00 AM

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Terms & Conditions

General
This website and its contents (the ‘Site’) are the property of Millers, an imprint of Octopus Publishing Group (‘OPG’). By accessing this site the User expressly agrees to be bound by our Terms and Conditions (hereafter the ‘Terms’). The Terms contain the general terms and conditions that apply to the use by a user and/or a registered paying user (a ‘Subscriber’) (collectively, the ‘Users’) of the Site, including the features and services offered by OPG from time to time at or through the Site (collectively with the Site, the "Services").  The Terms describes the User’s responsibilities in connection with the use of the Services and, among other things, limits the liability of OPG. 

OPG reserves the right to, from time to time, amend the Terms or the content of this site Users are advised to review these Terms and Conditions periodically.Continued use of the Services by the User constitutes further binding acceptance of the Terms, including any amendments made as described above.

OPG reserves the right, exercisable at its discretion, to change or discontinue without prior notice some or all of the Services provided from time to time at the Site, or change the applicable terms and conditions for the use of such Services.

Subscribers
Subscribers are responsible for maintaining the confidentiality of their registered account with OPG and any password(s) chosen or issued by OPG in connection with the access and use of the Services. Subscribers are responsible for all uses of their account, whether or not actually or expressly authorized. If Subscribers believe that an account and/or password(s) have been misused or compromised in any manner, they are responsible for contacting OPG immediately.

Uploading Subscribers Content for Publication on the Site
Subscribers may submit their material for publication on the Site, subject to the payment of the accepted subscription fee (the ‘Fee’). OPG accept no liability in respect of any material submitted by Subscribers and published on the website and are not responsible for its content and accuracy. OPG is not liabile in any way for any material or for any loss or damage of any kind incurred as a result of the use of any material uploaded by the Subscriber.

The Subscriber is solely responsible for all information, data and text uploaded from the Subscribers’ account. The Subscriber is solely responsible for all material uploaded on the Site which originate from the Subscriber’s account.
Should the Subscriber wish to upload material for publication on the Site, the Subscriber may do this on the following terms and conditions:

  1. no content uploaded by the Subscriber shall be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, fraudulent, or racially, ethnically or otherwise objectionable;
  2. the Subscriber shall not upload material that infringes any copyright, patent, trademark, trade secret or other intellectual property rights of any other person;
  3. the Subscriber shall not post any material that may contain software viruses or any files or programs which may interrupt, damage, destroy or limit functionality of any computer software, hardware or telecommunications equipment;
  4. the Subscribers shall not use the Site to violate any applicable law or regulation; and
  5. the Subscribers shall not provide links to any website where such link would breach any of these Terms and Conditions.

OPG will not edit Subscriber Content uploaded before such Content is uploaded but reserves the right to delete or decline to host any Subscriber Content that is uploaded, at their discretion and without notice.
The Subscriber grants to OPG on all material uploaded by the Subscriber on the Site, a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and disply all or part of such material worldwide and/or to incoporate it in other works in any form, media or technology now known or hereafter invented for the full term of the rights existing in the material.

Should the Subscriber not comply with their obligations as contained in the Terms, OPG reserves the right to modify or discontinue the Subscribers Content without notice and shall not be liable to the Subscriber or another third party for such modification or discontinuance.

Information Users Provide to OPG
"User Information" shall mean collectively the following:

  1. any information or materials the User provides to OPG in connection with the registration process, the use of any Services, or in email correspondence with OPG,
  2. any information or materials the User provides to other users of the Site in connection with the use of any Services, or on any public message board or Blog,
  3. any information or materials the User provides to auction houses, appraisers, art  or antiques dealers, trade members, curators, educators, antiques professionals, collectors or other third parties affiliated with OPG in connection with the use of any Services, and
  4. any search terms or other instructions that the User transmits to OPG servers through a web browser.

Please note that the information and materials belonging to the User Information may include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in these Terms, the Users are solely responsible for the User Information, and OPG may act at as a passive conduit for the online distribution, communication, and/or publication of User Information.
OPG will not edit any User Information submitted to the Site, including that User Information submitted on any public message board or Blog before such User Information is posted but reserve the right to delete or decline to post any comments that are submitted, at their discretion and without notice.
The User grants to OPG on all User Information, a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and disply all or part of such material worldwide and/or to incoporate it in other works in any form, media or technology now known or hereafter invented for the full term of the rights existing in the material.
OPG reserve the right to modify or discontinue the any public message board or Blog without notice and shall not be liable to the User or another third party for such modification or discontinuance.

Warranties Regarding User Information
Users agree that User Information submitted:

  1. will not be false, inaccurate, frivolous, or misleading,
  2. will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy,
  3. shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising),
  4. will not be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or obscene,
  5. will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services,
  6. will not create any liability for OPG or cause OPG to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates,
  7. will not contain any links to or from other information or websites for which the User do not have the right to make or reproduce such links, and
  8. will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.

Updated Information
Subscribers agree to promptly update their account registration information in order to keep it current, complete, and accurate.

Limited License
To enable OPG to use the User Information, so that OPG are not violating any rights the User might have in the User Information, Users hereby grant OPG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) they have in the User Information, in any media now known or hereafter existing, with respect to the User Information.

Privacy Policy
OPG will only use the User Information in accordance with its Privacy Policy.  By agreeing to the Terms, the User also consents to the use of information pursuant to the Privacy Policy.

Copyright
Users acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (the "Content") that are protected by copyright, trademark or other proprietary rights of OPG or third parties.  All Content used or made available through the Services is subject to copyright as a collective work and/or compilation of OPG pursuant to applicable copyright law. OPG owns the copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to OPG. Users agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services.  OPG does not grant permission to users of its Services to reproduce images of original works of art.

Users acknowledge that all Content included with the Services is provided for their own use.  In no case shall the User re-publish the Content in any form without express written permission of OPG. Reproduction of images is strictly prohibited without the written permission of OPG.

Users agree to retain and/or reproduce all copyright and other notices contained in such Services and/or Content. Users may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in these Terms. Users acknowledge that they do not acquire any ownership rights by accessing or downloading copyrighted materials. Users shall not store electronically any portion of any Services and/or Content.   Users may not collect and use e-mail addresses of other users of the Site or other user account information, listings, or perform any form of data extraction or data-mining whatsoever.  Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any of the Services and/or Content is permitted without the express permission of OPG or the owners of such Services and/or Content or their authorized persons, if other than OPG.  Users are responsible for complying with all applicable laws, rules, and regulations regarding the use of any such downloaded Content.  OPG reserves all rights in the Content and Services not expressly granted hereunder.

Trademarks
Miller's is a registered trademark of OPG and may only be used with prior written consent. Any other trademarks appearing on the site belong to their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.

Site Access
OPG do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control. 

No Interference
Users agree that they will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the Services. Users agree that they will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.

Fraudulent Activity
Users may not register to use any Services under a false name in connection with any Services. Users may not impersonate any other user of the Services, or make use of another Subscribers' account. Fraudulent conduct may be reported by OPG to law enforcement authorities, and OPG will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.

Monitoring
Users agree that OPG has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services. OPG may investigate any reported violation of the Terms or any other Site policies, and any user or other third party complaints relating thereto. OPG may take any action that OPG deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Site access and/or removing any materials posted on the Site).

Compliance with Laws
The Services may be used only for lawful purposes and in a lawful manner. Users agree to comply with all applicable laws, statutes and regulations regarding use of the Services.

External Sites
The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Sites"). These Terms do not apply to the use of any External Site to which the Site links and OPG are not responsible for the availability of any External Site to which the Site links. OPG do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Site, and Users acknowledge that OPG is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Site. Under no circumstances will OPG be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to Users in connection with their use of, or reliance on, any content, goods, or services available on any External Sites.   If Users decide to access an External Site, they do so at their own risk. Users should contact the site administrator or Webmaster for those External Sites if they have any concerns regarding such links or the content or services located on such External Sites.

OPG are not involved in actual transactions between Users or any “External Sites”.  OPG have no control over the quality or legality of the items displayed on our Site or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Site.  In the event that the User have a dispute with any parties arising out of the Users use of the Site the User hereby release OPG from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Breach
Without limiting other remedies, OPG may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a Subscription and/or refuse to provide the Services to a User:

  1. if Users breach these Terms;
  2. if OPG are unable to verify or authenticate any information Users provide to OPG; or
  3. if OPG believe that Users actions may cause legal liability for that User, OPG, any other Users, or other third party business affiliates.

Indemnity
Users agree to indemnify, defend, and hold OPG and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors harmless from and against any and all claims, liability, losses, costs, and expenses (including legal fees) incurred by any them in connection with any use or alleged use of the Service under a Subscribers password by any person, whether or not authorized by that Subscriber. OPG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Subscriber, and in such case, agree to cooperate with OPG's defense of such claim.

Termination of or Change in the Services
OPG shall not be liable to Users or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. OPG reserves the right, in its sole discretion, to restrict, suspend, or terminate that Users access to all or any part of the Services at any time for any reason without prior notice or liability. OPG may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.

Disclaimer of Warranties
Neither OPG nor any provider of third party content or their respective agents warrants that the site of service will meet the Users requirements or be uninterrupted, timely, secure or error free; nor does OPG, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the site, services or the content. The Services and the content are distributed on an “as is, as available” basis. None of OPG, third-party content providers, and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement, with respect to the site, services, any content or any products or services sold through the Services. Neither OPG nor any third-party content provider warrants that any files available for downloading through the sites or Services will be free of viruses or similar contamination or destructive features. Users expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the content is assumed solely by the User. Without limiting any provision herein, OPG makes no warranty that any particular computer system configuration will be compatible with the Site. It is the User’s sole responsibility to ensure that their computer system has the recommended hardware, operating software, and internet browser software versions to achieve the site’s full functionality and capabilities.

To the extent permitted by law OPG do not accept any responsibility for any statement or advice contained on the Site. This material should not be relied upon without first taking specialist professional advice.

Limitation of Liability
The limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under  any other cause of action. Users specifically acknowledge that OPG is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with the User.
Under no circumstances will OPG or its affiliates, or any officers, directors, employees or agents be liable for any loss or damages caused by the Users reliance on information obtained through either the content or the Services, or any loss or damage caused by the User being exposed to information contained in the Site. It is the User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including opinions or advice regarding the identification, valuation or care of antiques.
Neither OPG, any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the Site or Services, even if such party has been advised of the possibility of such damages.

Copyright Infringement Policy
OPG observes the rights of all copyright holders and has a policy that provides for the termination in appropriate circumstances of the access by Users who infringe the rights of copyright holders.

Jurisdiction and International Use
This site is operated by OPG from its registered office in the United Kingdom. In the event of any dispute about these terms or involving the website, the dispute shall be governed by the laws of England and Wales and any litigation must be brought in court in London without regard to its conflict of law provisions. This site is intended for the use of residents of the United Kingdom. International users are permitted to access this website but remain responsible for compliance with local laws.

Headings
Any headings contained in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Severability
If any provisions of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver
OPG's failure to exercise any rights or remedies, or failure to enforce the strict performance of any provision of these Terms, will not constitute a waiver of OPG's right to exercise such rights or remedies or enforce such provision or any other provisions of these Terms in that or any other instance.

Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.