AFB20, LLC (“AFB20,” “we,” “us,” and “our”) is an affiliate of David Zwirner Gallery, LLC and David Zwirner, Inc. (“Zwirner”) that is providing a digital platform for an online sale of works of art to be sold to benefit the Biden Victory Fund (“BVF”) through the websites www.artistsforbiden.org and https://platform.art/biden (together, the “Site”).
These Terms and Conditions (“Terms”) set forth the terms and conditions of your use of Site.
Please read these Terms carefully. By accessing the Site, you agree to be bound by and comply with the Terms. If you do not agree to these Terms, you may not access the Site.
All the transactions relating to the artworks displayed on the Site will be directly concluded between the buyer and the donor of the artwork. Neither AFB20 nor Zwirner, will be a party to, nor bear any responsibility for, such transaction, except to the extent that, like other galleries, Zwirner is assisting with the effectuation of any transaction involving an artist that it represents. Neither AFB20 nor Zwirner will receive any commission with respect to such transaction.
If you click on the “Inquire” button to get more information about or express interest in an artwork displayed on the Site, your information will be shared with BVF. By submitting an inquiry about an artwork, you agree to our disclosure to BVF of any information you provide through the Site.
If you click on the “Buy Now” button to purchase an artwork, you will be directed to a Third-Party Website (as defined below) controlled by BVF to complete the purchase.
All purchasers and potential purchasers of any artwork through the Site will be vetted by BVF.
Copyright & Other Proprietary Rights
All of the content featured or displayed on the Site (“Content”) including, but not limited to, images of artwork, text, photographs, code, and other materials is subject to copyright and other intellectual property and proprietary rights and owned by the artists of the artwork, AFB20, Zwirner, and/or other Content providers.
You may not use any of the Content without prior written permission from AFB20 or the entity(ies) or individual(s) AFB20 designates to you for purposes of granting or withholding the relevant permission(s). For additional information, please contact [email protected].
Links to Third-Party Sites
THE SITE, CONTENT, GOODS, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT, GOODS, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN CONTENT AVAILABLE ON THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEBSITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AND IN ITS CONTENT. IF YOU RELY ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AFB20 DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, GOODS, OR INFORMATION THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH AFB20 INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, AFB20 DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. AFB20 IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
AFB20, ZWIRNER, THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE “COVERED PARTIES”), WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE, ANY CONTENT OR GOODS, AVAILABLE THROUGH IT, OR ANY TRANSACTIONS OR SERVICES MADE AVAILABLE OR FACILITATED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL AFB20 OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR GOODS OFFERED THROUGH THE SITE, OR TRANSACTIONS OR SERVICES FACILITATED THROUGH IT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless, and defend (only if requested) AFB20 and the Covered Parties against all Claims that the indemnified parties may incur arising out of your use of the Site, its Content, goods offered through the Site, or violation of these Terms, including the costs and expenses of enforcing the right to indemnification under this paragraph. The term “Claims” shall mean any and all claims, causes of action, suits, rights, demands, debts, liabilities, losses, damages, costs or expenses, including attorneys’ fees and disbursements, whether at law or in equity. AFB20 reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Changes to the Terms
AFB20 may change these Terms from time to time by posting an updated version on this webpage, or, if we determine that it is appropriate, we may provide other notice to you. Your continued use of the Site after we post updated Terms means that you accept and agree to such Terms. We recommend checking back on this webpage regularly if you use the Site.
We reserve the right to terminate the Site, these Terms, and any Content offered through the Site at any time without notice, for any reason. The “Copyright & Other Proprietary Rights,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of AFB20 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.
Please email [email protected] for any questions you may have about these Terms.
Last updated: September 14, 2020