1. Gagosian Website Terms & Conditions Applicable. Use of the Online Viewing Room is also subject to the Gagosian Website Terms & Conditions (“Website Terms”). Click here to view the Website Terms which are incorporated into these Viewing Room Terms by reference, as if set forth fully herein. For the avoidance of doubt, the Online Viewing Room and all of its content, including without limitation, all artwork, images, photographs, documentation, and other material on, in or made available through the Online Viewing Room, constitute Site Material under and as defined in the Website Terms. All rights and responsibilities you have with respect to the Gagosian Website and Site Materials under the Website Terms apply to your use of the Online Viewing Room. Moreover, all rights and obligations of the parties with respect to the “Terms” under and as defined in the Website Terms will apply equally with respect to the Viewing Room Terms, including, without limitation, (i) Gagosian’s right at any time to modify, alter or update the Viewing Room Terms; and (ii) the application of the laws of the State of New York and other governing law, jurisdiction and dispute resolution terms as set forth in the Website Terms to these Viewing Room Terms.
3. Artist Intellectual Property Rights. Gagosian respects the intellectual property rights held by artists, their estates, and other rights holders. Accordingly, reproduction or redistribution of the Site Material or any portion of the Site Material is strictly prohibited without the prior written permission of Gagosian and, as applicable, the corresponding artist or their estates or other rights holders.
4. Reports and Publications. Gagosian reports and publications provided in the Online Viewing Room are provided for informational purposes only; reproduction and distribution, even for non-commercial use, is prohibited. Downloading material for any commercial use is prohibited. Such reports and publications contain the opinions of Gagosian only. Gagosian is not responsible for any errors or omissions in such reports and publications, and we do not guarantee the accuracy, correctness, reliability or completeness of the content. No representations or warranties of any kind are made with respect to the content of such reports and publications, express or implied. Accordingly, you should not rely upon the content of any such report as a basis for making any decisions about the Work or otherwise. For the avoidance of doubts, all rights not granted by Gagosian are specifically reserved.
5. No Offer or Contract. Neither the Online Viewing Room nor any artwork, images, photographs, documentation or other materials, information, or images contained therein shall constitute an offer of sale of any artwork viewable in the Online Viewing Room (a “Work”), and does not constitute, nor give rise to, a contract between us with respect to the purchase of any such Work or otherwise. While we welcome any inquiries, the appearance of any Work in the Online Viewing Room does not constitute a representation or promise that the Work will be available for sale at any given time, and your making an inquiry about a particular Work does not constitute an offer of purchase for such Work or give rise to a contract between us with respect to the purchase of such Work or otherwise.
6. Right of Removal. We reserve the right to remove, at any time, any Work or other content, including, without limitation, any and all images, photographs, documentation or other material on or from the Online Viewing Room.