User Account Terms And Conditions
Art Service Group LLC (“ASG”) has established these policies, terms, provisions and conditions (collectively, “terms”) to govern your use of the ASG on-line app, ART Reports (“App”) and the services provided through the App ( “Services”) for the purpose of creating condition reports for fine and decorative art objects.
The use of Services is governed by terms set forth herein. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms and you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in these terms are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use Services, without which agreement ASG would not permit you to use Services. You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from Services, including, without limitation, code and/or software. Printing or other reproduction of any ASG-supplied materials from Services is strictly limited to personal, non-commercial use unless otherwise specifically permitted by ASG in writing. You shall have no rights to the proprietary software or any enhancements or modifications thereto (collectively, “Software”) that are accessible through Services or permit you to access Services.
You represent that you are of legal age to form a binding contract and have full legal authority to enter into this agreement.
Changes to the Services and These Terms
ASG reserves the right to update or modify these terms at any time without prior notice. Your use of the App or Services following any such change constitutes your agreement to follow and be bound by these terms as modified. For this reason, we encourage you to review these terms whenever you use Services.
Feedback
ASG welcomes and encourages your comments and suggestions concerning the App and the Services, and you agree that ASG will be free to use any feedback you provide for any purpose
What is the difference between Inspection and Condition Reports?
The Condition Report provides a format to accurately articulate the full condition of an object using 80 condition terms. Condition Reports are most often used as documentation for exhibition, loan, conservation, valuation and long-term care. Our Condition Report format offers full-page views for the front, back, left and right sides of a work and 2 pages for detail shots.
The Inspection Report summarizes damages and is used to document the general condition of an object. The report offers an overview page and a details page and uses 28 specific conditions.
Limitations on Use
Use and or registration of the App and Services is limited to five devices. ASG may further restrict your use of the Services, including, without limitation, restricting the number of accounts or devices you may register or imposing expiration dates on your access to the Services.
Your Password and Account
To access the App and the Services, you must establish an account and password with ASG. No one else may use your account. If you are an individual using the App pursuant to a corporate account, you may not share your password with any other person inside or outside the subscribing entity, or allow any such person to access your account, unless specifically permitted hereunder. You are responsible and liable for all activity that takes place on your account, and for keeping your password confidential and secure.
ASG Privacy Policy
By establishing an account to use the Services, you agree to ASG’s collection and use of certain information about you and your use of the Services in accordance with ASG’s Privacy Policy, http://portal.artservicegroup.com/Documents/Privacy.html
ASG’s Access to Your Account and Content
ASG may access, use, preserve and/or disclose your account information if in ASG’s judgment such actions are reasonably necessary to: (a) comply with legal process or request; (b) enforce these terms concerning the Services; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of ASG, its users or the public as required or permitted by law.
Data Storage
ASG does not store or claim ownership of the materials, information and/or content you save or process through the App or the Services (“Content”).
License From ASG
ASG grants you a personal, non-exclusive, non-transferable, limited license to use the Software provided to you by ASG as part of the Services and in accordance with these terms. Your license to use the Software may not be sold.
Software Updates
ASG may send you updates to the Software which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that ASG may automatically deliver such updates to you as part of the Services.
Termination
You may terminate your account and/or stop using the Services at the end of any month, if subscribing monthly, or at the end of the year, if subscribing annually.
ASG may at any time, in its sole discretion and without prior notice, terminate or suspend all or a portion of your account and/or access to the Services. ASG will have no liability to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.
Governing Law; Severability
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE, CITY AND COUNTY OF NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE, CITY AND COUNTY OF NEW YORK.
If any provision or portion thereof set forth in these terms is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and or enforceability of any other provision.
TIMELINESS OF CLAIMS
To the extent permitted by applicable law, you agree, that, by using this App, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating toyour use of this App and/or these terms must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.
Trademarks
Art Services Group is a trademark of Art Services Group LLC. The marks, trademarks and service marks of ASG and its affiliates may not be used in connection with any third-party products or services or otherwise. All other brands and names (including third-party product names) that may appear on the App or through the Services are the property of their respective owners and may be subject to copyright and/or trademark protection.
Copyrights; Use of Content
All of the ASG-supplied content included on the App, including all text, graphics, photographs, graphs, sounds, data, images, audio and video (“Multimedia”), is the property of ASG or its Multimedia suppliers and is protected by U.S. and international copyright laws. All software used to operate this App is the property of ASG, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Multimedia available on this App is the exclusive property of ASG and protected by U.S. and international copyright laws. ©Copyright 2015 ASG. ALL RIGHTS RESERVED.
Copyrighted Material – Alleged Infringement
In accordance with Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, ASG has implemented procedures for the removal of material that is copyright protected and infringed upon. If you believe that a copyright has been infringed upon, please provide ASG with written, signed notification by certified mail to “Copyright Officer” at the address set forth for contacting ASG below. Your notification must include: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of the alleged infringed upon material sufficient to enable ASG to locate such material; (iii) information sufficient to enable ASG to contact the owner of such copyrighted material; (iv) a statement that the use of the material is not authorized or permitted by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.
Disclaimer
THIS APP AND ITS MULTIMEDIA AND CONTENT, AND THE LINKS TO THE THIRD PARTY APPS AND THEIR MULTIMEDIA AND CONTENT, ARE PROVIDED ON A STRICTLY “AS-IS” AND “AS-AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASG SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES FROM COURSE OF DEALING OR PERFORMANCE AND ANY WARRANTIES AS TO RESULTS THAT MAY BE OBTAINED THROUGH USE OF THIS APP. ASG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS FURNISHED ON THIS APP WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THIS APP WILL BE AVAILABLE 24/7, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT PRODUCT LIABILITY, YOUR USE OF THIS APP AND THE THIRD PARTY APPS IS SOLELY AT YOUR OWN RISK. ASG SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY DATA OR CONTENT PROVIDED BY THE USER. ASG SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES (WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHERWISE), COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA, LOSS OF GOOD- WILL, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF THIS APP SHOULD YOU BE DISSATISFIED WITH THIS APP OR THE MULTIMEDIA OR CONTENT HEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING REMEDY SHALL APPLY EVEN IF ASG KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF DAMAGES TO YOU BY USE OF THIS APP.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Contacting Us
In accordance with Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, ASG has implemented procedures for the removal of material that is copyright protected and infringed upon. If you believe that a copyright has been infringed upon, please provide ASG with written, signed notification by certified mail to “Copyright Officer” at the address set forth for contacting ASG below. Your notification must include: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of the alleged infringed upon material sufficient to enable ASG to locate such material; (iii) information sufficient to enable ASG to contact the owner of such copyrighted material; (iv) a statement that the use of the material is not authorized or permitted by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.
Art Service Group LLC
London Terrace Station 
PO Box 20703 
New York, NY 10011