TERMS OF USE
THE ARMORY SHOW TERMS OF USE
www.thearmoryshow.com (the “Website”) is a website owned and operated by Frieze US Holdings, LLC (“Frieze”). Frieze is a limited liability company based in New York with registered offices at 247 Centre St # 5 New York, NY 10013. Access to and use of the Website is provided by Frieze subject to the following terms and conditions (the “Terms of Use”).
I. Acceptance of Terms of Use; Availability of the Website
By visiting and using the Website, you hereby acknowledge and accept without limitation or qualification, these Terms of Use, as well as the Privacy Policy and the Cookie Policy, which are each incorporated herein by reference. Such acknowledgement and acceptance of the Terms of Use shall be effective immediately upon the first of your first use, access, or registration of an account with the Website and shall apply to you and anyone on whose behalf you act as well as any persons accessing the Website through your internet connection or while using your device, and you shall be responsible for ensuring their compliance with these Terms of Use. If you do not accept these Terms of Use, you do not have permission to access the Website, or any contents thereof, and must therefore not access or immediately cease your access of the website. Please immediately discontinue your use of the Website if you do not acknowledge, accept, or agree to the Terms of Use, the Privacy Policy, and/or the Cookie Policy.
Where permitted by local law, Frieze reserves the right to revise, modify, amend, or otherwise alter these Terms of Use at any time in its sole discretion. By visiting and using the Website you agree to be bound by any and all subsequent modifications or revisions, and to comply with any applicable laws and regulations. We recommend that Website users review the most up-to-date version of the Terms of Use periodically.
We do not guarantee that the Website, or any of the content on the Website, including, without limitation, text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained form IMG licensors, and/or other materials (collectively, the “Contents”) will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. The materials provided on the Website are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
You hereby represent, warrant, and affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal, parental, or guardian consent to use the Website, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
II. Personal Information; Registration; Security; Account/Access Termination.
In accessing the Website, and/or certain portions, services, or resources made available by Frieze thereon, you may be asked to register with the Website. In connection with such registration, you may be required to provide certain personal data about yourself including, without limitation. You hereby represent and warrant that any Personal Information provided by you shall be true, accurate, and complete, and you hereby agree to promptly update any such Information whenever it changes. If you provide any Personal Information that is untrue, inaccurate, outdated, or incomplete, or if Frieze suspects that some or all of the Personal Information you have provided is untrue, inaccurate, outdated, or incomplete, then Frieze may, in its sole discretion, suspend, terminate, or refuse your future access to the Website or any part thereof. Any and all Personal Information that you submit to Frieze and/or which is collected from you is governed by the Privacy Policy and Cookie Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy and/or Cookie Policy, the Privacy Policy and/or Cookie Policy shall govern (as applicable). For clarity, Frieze shall be permitted to collect information from you (including Personal Information) to the extent set forth in the Privacy Policy and the Cookie Policy.
In connection with your registration on the Website, you may be asked to create a username and password. Your username and password will be your identity for the purposes of interacting with the Website and with other users through the Website. You may be asked to provide your username and password in order to access certain portions, services, or resources which are available on the Website. It shall be your sole responsibility to maintain the confidentiality of your username and password, to not disseminate your username and password, and to use your username and password solely in accordance with these Terms of Use. You are solely responsible for all activities that are carried out under your username and password. Frieze shall not be liable under any circumstances in any instance where your username and password are used by someone else, but you may be liable for the losses of Frieze or others in connection with such unauthorized use. You shall immediately notify Frieze at 247 Centre St # 5 New York, NY 10013if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username and password and/or of the Website. If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to determine the source and manner of the acquisition of such unauthorized access, shall fully and promptly notify Frieze by email at info@thearmoryshow.com, and shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. In the event of any theft or unauthorized use or access to your username, password, and/or the Services, Frieze may impose upon you, at its sole discretion, additional security obligation.
You may request to deactivate your registration on the Website at any time for any reason by sending an email request to info@thearmoryshow.com. Deactivation will be effective only upon return confirmation by Frieze. Frieze may terminate your use of and registration on the Website at any time for any reason, without cause, without prior notice to you, and without liability or further obligation of any kind whatsoever to you or any other party. Frieze shall terminate your use of and registration on the Website if you are determined to be in violation of these Terms of Use at any time, without prior notice, as determined by Frieze in its sole discretion.
III. Use Restrictions
The Content is protected by intellectual property rights under both United States and foreign laws. Ownership of the Content – in other words, ownership of all intellectual property rights in such Content – remains with Frieze or our licensors, partners, and/or parent, subsidiary, affiliated entities (including, without limitation, Frieze Events Inc., WME IMG LLC, and IMG Worldwide LLC). All rights not expressly granted herein are reserved to Frieze and such additional parties. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as otherwise stated herein, you may not, without Frieze’s written permission, “mirror” any Content contained in or on the Website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Frieze in writing. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse, or otherwise violate the rights of a third party as defined by applicable law. Frieze hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to view and display for home, non-commercial, and personal use only, a single copy of the Website and Content. You acknowledge and agree that you may not sublicense, assign, or otherwise transfer this license or any Content and that no title to the Content has been or will be transferred to you. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Where applicable, you shall include the following copyright notice: “Copyright © 2023, Frieze US Holdings LLC. All rights reserved”. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference. The use of the Content on any other site or in a networked computer environment for any purpose is prohibited. You may not alter, disassemble, decompile, reverse engineer, or otherwise modify the Website or the Content. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. Frieze reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice. If, for any reason, you create any derivatives, modifications, or improvements to the Content (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in Frieze immediately upon creation. You hereby assign to Frieze with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by Frieze or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
IV. Submissions; Content
Notwithstanding any submissions which are expressly sought through permitted use of the Website (including, without limitation, comments or form submissions), Frieze does not accept submissions of any kind through the Website (e.g., materials, ideas, suggestions, know-how, or concepts) or otherwise. All submissions may be deleted unread or destroyed at Frieze’s discretion. You hereby grant to Frieze an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Website (“Licensed Submissions”). You represent and warrant that use by Frieze or its licensees of the Licensed Submissions will not infringe the intellectual property rights or other rights of any third party. You understand that Frieze does not grant any confidentiality with respect to any materials you submit, and you acknowledge that Frieze may use and permit third parties to use anything you submit or otherwise make available to Frieze, including, without limitation, any information which is available through any third-party platform (e.g., Facebook, Instagram, etc.) which is used to access the Website.
V. Hyperlinks from the Website; Third Party Applications
The Website may contain hyperlinks to other websites and webpages (“Third Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third Party Applications”). Frieze does not investigate, monitor, or review any Third-Party Pages or Third-Party applications to ensure their accuracy, completeness, or appropriateness. Frieze is not responsible for the Third-Party Pages or Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate IMG’s approval or endorsement thereof. If you choose to leave this Website to use or access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing, or refraining from purchasing any goods or services which are contained or made available on such Third-Party Pages or Third-Party Applications. If you purchase goods or services from such Third-Party Pages or Third-Party Applications, you do so at your own risk; you should read their contractual terms thoroughly, use your best judgment, and exercise caution where appropriate before, during, and after making such a purchase. Your contract for those goods or services will be with that third-party and not with Frieze. You acknowledge and agree that when you use or access any Third-Party Pages or Third-Party Applications, any personal information you provide will be handled and used in accordance with such third-party’s privacy policy.
VI. No Reliance on Information
The material and Content on the Website are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although Frieze makes reasonable efforts to update the information on the Website, Frieze makes no representations, warranties or guarantees, whether express or implied, that the information and/or Content on the Website is accurate, complete or up-to-date.
VII. Warranty Disclaimer
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Frieze, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Frieze makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Frieze does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Frieze will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
VIII. Limitation of Liability of Frieze and Its Licensors and Partners
The use of the Website and/or the Content is at your own risk. The Content of the Website could include technical inaccuracies or typographical errors. Frieze may update the Website and/or may change the Contents at any time. However, please note that any of the Content on the Website may be out of date at any given time, and Frieze is under no obligation to update it. Frieze does not guarantee that the Website, or any of the Content on it, will be free from errors or omissions. Subject to applicable law, Frieze will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Website, or use of or reliance on any Content displayed on the Website. Frieze will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any website linked to it. Except as otherwise expressly permitted herein, you agree not to use the Website for any commercial or business purposes, and subject to applicable law Frieze have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Website. To the extent permitted by applicable law, Frieze excludes all conditions, warranties, representations or other terms which may apply to the Website or any Content on it, whether express or implied. Nothing in these Terms of Use excludes or limits Frieze’s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
You specifically acknowledge that Frieze shall not be liable for the content, or for the defamatory, offensive, or illegal conduct of any third-party, and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is offered by Frieze from its facilities in the United States of America. Frieze makes no representations or warranties that the Website is appropriate or available for use in other locations nor does Frieze make any representations or warranties regarding the experience or quality of such use or access. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
IX. Indemnity
You will be responsible for and will be liable to Frieze, and will indemnify, defend and hold Frieze harmless from and against any loss or damage suffered by Frieze which results from your use of the Website or the Content. You hereby agree to fully indemnify, defend, and hold Frieze harmless from and against any and all third-party claims, costs, liabilities, loss, damage, or expenses (including, without limitation, attorneys’ fees) which in any way arise out of or relate to: (i) your use of and access to the Website; (ii) your breach or violation of any term of these Terms of Use; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to our through our services by any third-party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. The defense and indemnification obligations set forth herein will survive these Terms of Use and your use of the Website.
X. Special Terms and Conditions Applicable to Products/Services Offered for Purchase by Frieze Through the Website
Certain goods or services may be made available for purchase through the Website (e.g., tickets/passes for admission to The Armory Show) (“Frieze Products”). Frieze reserves the right to modify the price of any Frieze Products and/or any other services/products which are offered for purchase through the Website. Frieze shall not be responsible for any error in copy or images relating to any Frieze Products or any other services or products which are offered for purchase through the Website.
In order to purchase Frieze Product(s) or other services or products which are offered for purchase through the Website, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information, and billing address. The Frieze Privacy Policy explains how such information collected via the Website may be used by Frieze.
Your ability to purchase Frieze Product(s) and/or any other services or products offered for purchase through the Website is subject to the limitations established by the issuer of your payment method. You must notify us immediately of any change in any information related to your payment method, including, without limitation, any change to your home address. By making a purchase through the Website, you authorize us to charge the payment method submitted for the specified amount and in the specified intervals (if applicable) described on the applicable Frieze Product(s) or other services or products purchase paths.
XI. Applicable Laws
Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action, or dispute arising out of these Terms of Use.
XII. Waiver and Severability
If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
XIII. Copyright Infringement Notice and Take-Down Procedures
If you believe that the Content (or any part thereof) which is accessible on or from the Website infringes your intellectual property rights, you may request the removal of those materials (or access thereto) from the Website by contacting Frieze at the address identified below, providing the following information:
1) Identification of the work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work;
2) Identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content and provide its URL or any other pertinent information that will allow us to locate the Content;
3) Your name, address, telephone number, and (if available) email address;
4) A statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
5) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
6) A signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights relating to the Website is as follows:
Thearmoryshow.com
XIV. Copyright and Trademarks
This Website is an official Website of Frieze and is © 2023 Frieze US Holdings LLC. Commercial reproduction, distribution, or transmission of any part or parts of this Website or any information contained therein by any means whatsoever without the prior written permission of Frieze is not permitted.
Any unauthorized use of any Frieze trademark, service mark, or logo, or any copyrighted material, is prohibited, and may be a violation of federal and state copyright and trademark law.
XV. Viruses
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. Frieze will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
XVI. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Frieze on the Website, these Terms of Use, including the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Frieze with respect to the use of the Website and Content.
XVII. Contact Us
To contact us, please email info@thearmoryshow.com.
ACCESSIBILITY STATEMENT
The Armory Show Website & Technology Accessibility Statement
Updated October 2023
Frieze strives to promote accessibility, diversity, and inclusion. In offering the www.thearmoryshow.com website (the “Website”), our goal is to make your use of the Website and related technology platforms a successful and enjoyable experience. To achieve this goal, we are continually looking for ways to improve the customer experience for everyone, and are taking steps and allocating resources to promote compliance with applicable laws and guidelines. We view this as an ongoing effort; if you have any issues with or feedback on the accessibility of the Website, please feel free to contact us at info@thearmoryshow.com.