The following are the Terms and Conditions (‘terms’) under which you may use the www.photography-auction.com website (‘website’). The website is owned and operated by Impression (‘Impression’, ‘we’, ‘us’, ‘our’). By accessing and using the website, you accept and agree to be bound by these terms. If you do not agree to these terms, you are not able to register and buy, and you may not access or otherwise use the website.
Bidding and buying
A bid placed in an auction is a legal and binding commitment to purchase the lot. You cannot change or cancel a bid once it has been submitted. The successful bidder is required to pay a buyer’s premium, a percentage on top of the final bid price or hammer price. If applicable, the buyer has to pay additional costs such as VAT and shipping costs. By placing a bid you agree to these Terms and Conditions, along with our Conditions of Sale.
Impression exclusively owns all (copy) rights to the website. This includes the title, the domain name, all the content, software and data thereon, the design and organization of the website, the compilation of the content, code and data on the website including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, intellectual property and proprietary rights.
‘Impression’, ‘photography-auction’, ‘www.photography-auction.com’, the term ‘Extra Time Bid’ and the process of extra time bidding are protected under both registered and unregistered intellectual rights, copyrights and/or trademarks, owned by Impression. Misuse of our rights is strictly prohibited and will lead to the institution of criminal proceedings.
Limited personal license
You agree to comply with all applicable laws regarding use of the website. You may access and view the content on the website on your computer or any other Internet compatible device. Single copies or prints of the content on the website are to be produced for your personal use only.
We offer the website and its services only to those who lawfully enter into and form contracts under applicable law. Minors are not allowed to perform transactions on the website.
The content of the website is not intended for minors. Content is generally uncensored, and may include nudity or other graphic content that may be considered offensive. We cannot guarantee that content on the website is legal to view in all locations and circumstances. Those who choose to access the website do so on their own initiative, and are responsible for compliance with applicable local laws.
Any commercial distribution, publishing or exploitation of the website’s content, or software, code or data on the website, is strictly prohibited unless you have received the express prior written permission of Impression. Other than as provided under paragraph 3 (limited personal license), you may not download, display, copy, reproduce, modify, transfer, sell or otherwise exploit any content, software, code or data from the website. Any unauthorized use of website content may violate copyright laws, trademark laws, and other applicable laws in the Netherlands and worldwide.
User information is required for services to be provided. In accordance with our privacy and security policy, this information will be used in a respectful and safe manner. As a user you agree to provide true, accurate, current and complete information about yourself and you acknowledge and agree that you are solely responsible for keeping your user information up to date. If you provide false information or we have grounds to suspect that your user information is incorrect, we reserve the right to suspend or terminate your account and refuse (future) use of the website.
You are responsible for maintaining the confidentiality of your password and other user information, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or of any other breach of security, and to ensure that you sign out from your account at the end of each session. Impression cannot be held liable for any loss or damage arising from your failure to comply with this paragraph.
Prohibited user conduct
You warrant and agree that you will not: (a) impersonate any person or entity, whether actual or fictitious; (b) copy or distribute prices, results or catalogue information; (c) use the website in violation of any applicable law.
Links to other websites
The website may contain links to third-party websites that are not maintained by us. We are not responsible for the content of linked third-party sites and cannot guarantee the accuracy of materials on such websites.
Linking to the website
You agree that if you post a link to www.photography-auction.com on another website, the link will: (a) not contain our logo, but read ‘www.photography-auction.com’, ‘Photography-Auction’ or ‘@Photo_Auction’ in text; (b) open in a new browser window; and (c) link to an official page of our website. You are not permitted to post a direct link to any image hosted on the website or upload any of our images onto an external image hosting service.
You agree not to upload any images hosted on this website onto another website. You agree not to include a feed of our website on any webpage that contains third-party content or branding.
Information on our website may contain inaccuracies or typographical errors. We cannot guarantee the accuracy, completeness, or timeliness of the information found on our website. Impression does not guarantee 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 results in the need for servicing or replacing equipment or data, Impression is not responsible for those costs.
The website and the information on the website are provided on an ‘as is’ basis without any warranties of any kind. Impression and its suppliers, to the fullest extent permitted by law, disclaim all warranties. If you are dissatisfied with any portion of the website, or with any provision of these terms and conditions, you should discontinue using the website. In no event shall Impression or any of their directors, employees or service providers be liable for any economic losses or any damage related to the use of, or the inability to use, the website or the information on the website. Any use of the website and information thereon is at your own risk.
You agree to defend, indemnify, and hold harmless Impression, its directors, employees, and service providers, from and against any losses, liabilities, damages, costs, and expenses incurred in connection with any claims, actions or demands alleging or resulting from (a) your use of the website; (b) your breach of this agreement, or (c) your violation of law or of the rights of any third party. Impression shall provide notice to you promptly of any such claim, suit, or proceeding.
Import and export regulations
Impression makes no guarantees and accepts no liability whatsoever to the seller, the buyer, or any third party regarding the availability or issuance of valid import and export permits, or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.
Impression may terminate, change, suspend, add to or discontinue any aspect of the website or the website’s services at any time, at our sole discretion, and without liability to any user. Impression may restrict, suspend or terminate your use of or access to the website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability.
Changes to terms and conditions and the website
Impression reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this website. Changes in the Terms and Conditions will be effective when posted. Your continued use of the website and/or the services offered on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
Impression is based, and the website is hosted, in The Netherlands. 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 Netherlands. By using the website, you agree that the exclusive forum for any claims or causes of action arising out of your use of the website shall be the court for or within The Hague, The Netherlands. 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 Impression to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. 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 Impression with respect to the use of the website. There are no third party beneficiaries to this agreement; a person who is not a party to this agreement has no rights to rely upon or enforce any term or provision of this agreement.