Terms of Use &

19.12.2014

Online Gallery and Shop

ICAN Digital Platform Terms and Conditions

We provide ICAN Web Site, Mobile Web Site and ICAN applications for mobile and tablet devices (the "Digital Platform") in order to provide you with information about exhibitions and other events and services taking place at or available through ICAN locations worldwide.

The following terms and conditions (the "Terms and Conditions") govern your use of the Digital Platform on which they are posted. Your use of certain areas or features of the Digital Platform may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your use of paypal also shall be governed by the Terms & Conditions for Live buying via PAYPAL. The Digital Platform is owned and operated by ICAN ("ICAN" or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Digital Platform. BY ACCESSING, USING, BROWSING, OR BUYING ON THE DIGITAL PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Digital Platform.

1. Proprietary Rights. As between you and ICAN, ICAN owns, solely and exclusively, all rights, title and interest in and to the Digital Platform, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organisation of the Digital Platform, and the compilation of the content, code, data and materials on the Digital Platform, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Digital Platform does not grant to you ownership of any content, software, code, data, or materials you may access on the Digital Platform.

2. Limited License. We offer the Digital Platform and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to buy catalogues or perform other transactions on the Digital Platform. You agree to comply with all applicable law, statutes and regulations regarding use of the Digital Platform. You may access and view the content on the Digital Platform on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the Digital Platform for your internal use only. The Digital Platform and the services offered on or through the Digital Platform, including any content, software, code, data and materials thereon, are only for your own internal use. The Digital Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Digital Platform. Any person who provides their personal information through the Digital Platform represents to us that they are 13 years of age or older.

3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Digital Platform, or any content, software, code, data or materials on the Digital Platform, is strictly prohibited unless you have received the express prior written permission of ICAN or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Digital Platform. If you make other use of the Digital Platform, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of INDIA, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. ICAN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Digital Platform or on content available through the Digital Platform are registered and unregistered Trademarks of ours and others (including, without limitation, ICAN ((in INDIA) and affiliates of ICAN) and may not be used unless authorised by the trademark owner. All Trademarks not owned by us that appear on the Digital Platform or on or through the Digital Platform’s services, if any, are the property of their respective owners. Nothing contained on the Digital Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Digital Platform without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Digital Platform is strictly prohibited. ICAN will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. User Information. In the course of your use of the Digital Platform, you may be asked to provide certain personalised information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the ICAN Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platform, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the ICAN Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7. Prohibited User Conduct. You warrant and agree that, while using the Digital Platform and the various services and features offered on or through the Digital Platform, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Digital Platform’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorised access to other computer systems through the Digital Platform; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Digital Platform or the services offered on or through the Digital Platform, including without limitation any information residing on any server or database connected to the Digital Platform or the services offered on or through the Digital Platform; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Digital Platform or the services made available on or through the Digital Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Digital Platform or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Digital Platform or the Digital Platform’s services or features in violation of ICAN or any third party's intellectual property or other proprietary or legal rights; or (h) use the Digital Platform or the Digital Platform’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Digital Platform or the Digital Platform’s services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Digital Platform in any manner that could damage, disable, overburden, or impair the Digital Platform or interfere with any other party's use and enjoyment of the Digital Platform. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Digital Platform.

8. Right to Monitor and Editorial Control for online magazine. ICAN reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Digital Platform or through the Digital Platform’s services or features by users, and ICAN is not responsible for any such information and materials posted by users. However, ICAN reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ICAN sole discretion are objectionable or in violation of these Terms and Conditions, ICAN policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

9. Linking to the Digital Platform. You agree that if you include a link from any other web site to the Digital Platform, such link shall: (i) not contain any logos, but rather should merely read "ICAN" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platform. You are not permitted to link directly to any image hosted on the Digital Platform or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platform only with proper credit to ICAN, and you may not alter the videos in any way. You agree not to download or use images hosted on this Digital Platform on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Digital Platform in any manner such that the Digital Platform, or any page of the Digital Platform, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platform be discontinued, and to revoke your right to link to the Digital Platform from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may email to: contactmeican@gmail.com

10. Indemnification. You agree to defend, indemnify on demand and keep ICAN indemnified, and hold ICAN and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Digital Platform or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Digital Platform, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. ICAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ICAN defense of such claim.

11. Orders for Products and Services. We may make certain products available for purchase through the Digital Platform to visitors and registrants of the Digital Platform, including, for example, our exhibition catalogue. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to ICAN. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase or download. For the avoidance of doubt, purchases of items are not made via the Digital Platform and are not subject to this Section 11. Purchases of items are subject to the terms and conditions set forth in the applicable Conditions of Sale/Conditions of Business and Terms of Guarantee/Authenticity Guarantee that govern each auction as presented separately in connection with such exhibition.

12. Third Party Web Sites. You may be able to link from the Digital Platform to third party web sites and third party web sites may link to the Digital Platform ("Linked Sites"). Examples of Linked Sites include artnet.com, pinterest.com, twitter.com, facebook.com . You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

13. DISCLAIMER OF WARRANTIES. THE DIGITAL PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE DIGITAL PLATFORM OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE DIGITAL PLATFORM WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE DIGITAL PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ICAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE DIGITAL PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE DIGITAL PLATFORM. IF YOU ARE DISSATISFIED WITH THE DIGITAL PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORM.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE DIGITAL PLATFORMIS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMAT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE DIGITAL PLATFORM, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, ICAN AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORM, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH ICAN OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORM ARE PROVIDED BY ICAN "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND ICAN OR ITS LICENSOR OR SUPPLIER.

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL ICAN, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ICAN FOR YOUR USE OF THE DIGITAL PLATFORM OR PURCHASE OF PRODUCTS VIA THE DIGITAL PLATFORM (NOT INCLUDING EXHIBITION ITEM PURCHASES).

15. Local Standards. We do not represent that materials on the Digital Platform are appropriate for use in all locations. Persons who choose to access the Digital Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Termination. ICAN may terminate, change, suspend, add to or discontinue any aspect of the Digital Platform or the Digital Platform’s services at any time, in our sole discretion, and without liability to any user. ICAN may restrict, suspend or terminate your use of or access to the Digital Platform 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 (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Digital Platform or services). ICAN maintains a policy that provides for the termination in appropriate circumstances of the Digital Platform use privileges of users who are repeat infringers of intellectual property rights.

17. Changes to Terms and Conditions and Digital Platform. ICAN 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 Digital Platform. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Digital Platform and/or the services offered on or through the Digital Platform after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

18. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Mumbai, Maharashtra, India. You agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, Maharashtra, India. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by ICAN must be made in writing and signed by an authorised representative of ICAN specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will insure to the benefit of, and are intended to be enforceable by, ICAN successors, assigns and licensees.

19. Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:

contactmeican@gmail.com

Privacy Policy

This Web Site ("ICAN online Gallery") is published and maintained by Internatioanl Collaborative Arts Network (ICAN) and its subsidiaries and affiliates (collectively referred to in this PrivacyPolicy as "ICAN," "we," "us,""our," or other similar pronouns, or "The ICAN Group").

This Privacy Policy governs your use of the ICAN Web Sites on which it is posted. By visiting this Web Site, and/or using the services offered on or through this Web Site (the "Services"), you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the ICAN Web Site Terms and Conditions of Use, which governs your use of this Web Site in general.

You may opt in or opt out of our sharing of your Personal Information with third parties for their marketing purposes by following the directions in the “Marketing Preferences” section below.

Purpose

Your privacy is a serious matter to us. In order to make your visits to our Web Site and use of the services available through our Web Site as worthwhile as possible, we may ask you for Personal Information and we may collect certain information about you and your interaction with the Web Site from you and your computer each time you visit us. "Personal Information" includes, for example, your name; title; home and/or business address; e-mail address;home and/or business telephone, wireless and/or fax number; credit card and other payment information; demographic information; your location; art interests or preferences, art purchases, auction activity and bidding history, paddle numbers, bidding amounts, payment history; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. “Personal Information” includes “Personal Data”. This Privacy Policy explains, in general, what Personal Information and other information is collected on our Web Site, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how ICAN treats your information.

Marketing Preferences

You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information and may change your preferences regarding such uses at any time. For example, at the time you are requested to provide Personal Information on this Web Site, you may have the opportunity to elect whetheror not to: (1) receive commercial correspondence from us (either on our behalfor on behalf of a third party), or (2) have your Personal Information shared with other entities (outside of The ICAN Group) for their marketing purposes. You may also make this request by visiting our marketing preferences Web page.You may also opt-out of ICAN promotional e-mails by clicking on the opt-out link within the e-mail you receive, or of ICAN postal mailings by following the directions in such mailings. Please be aware that it may take up to 10 business day(\(\(s) for ICAN to update your preferences. During that time, you may continue to receive messages from us.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us (including,for example and without limitation, alerts, tracked lots, wishlists and condition reports, in connection with your use of my ICAN (as defined above)). You may control how you receive such non-promotional correspondence from us by updating your account preferences. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date on which we receive your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.

WHAT INFORMATION IS COLLECTED ON THIS WEB SITE?

User-Provided Information

We collect Personal Information from users of our Web Site, for example,through such users' activities, transactions and completion of online forms on our Web Site. Such information is collected, for example, when users register or subscribe for accounts or features on our Web Site (for example, when you register to look at certain items of property up for auction or auction results, or when you use my ICAN (as defined above)), make online purchases(such as Artifact purchases), complete surveys, submit a comment or question to us using a "contact us" or similar feature on our Web Site, send us an e-mail, or in any other way submit Personal Information to us via our Web Site.

You may be able to send information about our products and services to your friends and family members through our Web Site by clicking on a "Share" or similar button on our Web Site or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the e-mail address of your friend or family member to us.

Web Site Usage Information

If you have permitted your computer to accept “cookies,” we may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive. Cookies track where you travel on our Web Site and what you look at, transact and purchase. They may store the information in your shopping cart, and/or your username and/or password, and we may use them to deliver specific messages to you (for example, to announce a new feature that was added since the last time you visited the Web Site). A cookie may enable us to relate your use of our Web Site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Web Site.

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site.

Clear GIFs

We may use "clear GIFs" (aka "Web beacons" or "pixeltags") or similar technologies, in the Web Site and/or in our communications with you, to enable us to evaluate Web Site Usage Information about visitors to the Web Site, target campaigns, upgrade visitor information,and know whether you have visited a Web page or received a message. A clear GIFis typically a one-pixel transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual's viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

How is your Personal Information used?

We will use the Personal Information you provide to our Web Site, for example,to respond to your requests and to provide you with our product and service offerings. For example, we will process and fulfill your orders (e.g., for prints), respond to your requests and inquiries and provide you with the services and features offered on or through our Web Site. We may also use your Personal Information to maintain our internal record keeping. We may also report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. We also may compare your contact information to data in our worldwide databases in order to improve our Web Site and marketing. Also, advertisements and other content displayed to you on the Web Site may be customized to your interests and preferences, based on your Personal Information and Web Site Usage Information, including, for example, non-Personal Information, which we may obtain from you or from other sources.

In addition, we may use your Personal Information to send you notices about, or invitations to upcoming events in the collecting area in which you've made a purchase (for example, in the form of e-mails, mailings,and the like), and to otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. In order to alert you to the widest possible number of items and events of interest to you from our sales and events worldwide, we may share this information among our affiliates in You may change your preferences regarding communications from us by following the instructions in the Marketing Preferences section above.

Do we share Personal Information and Web Site Usage Information with others?

ICAN does not sell, lease or give your Personal Information to any other company, unless otherwise stated herein.

Service Providers

We may use third party partners to help operate our Web Site and deliver our products and Services, and may, when necessary to do so, share your information with our affiliates, service providers and other third parties that provide products or Services for or through this Web Site or for our business purposes (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). These third party partners are obligated to protect the security and confidentiality of your information.

Legally Compelled Disclosures

We may disclose user information to government authorities or other third parties when we believe such disclosure is required by law. We may also disclose user information as necessary to enforce the ICAN Web Site Terms and Conditions, in connection with investigations, or when we believe disclosure is necessarily incident to the provision of ICAN services or to the protection of the rights, property or safety of ICAN or others.

Business Transfer

ICAN regards its databases of customer information (which will include your Personal Information) as a valuable asset. In the event that ICAN,any entity of The ICAN Group, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, such databases containing Personal Information may be one of the transferred assets. In addition, such a transfer may mean that your Personal Information is transferred to countries outside India. In using the Services you consent to such transfer of your Personal Information.

Wireless Addresses

If the email address you provide to us is a wireless email address, and you have elected to receive promotional messages from ICAN, you agree to receive messages at such address from us, unless and until you have elected not to receive such messages by following the instructions in the Marketing Preferences section above. You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Marketing Preferences section above. You represent that you are the owner or authorised user of the wireless device on which messages will be received, and that you are authorised to approve the applicable charges.

Your Access Rights

You may review and edit the Personal Information that is stored in your user account on our Web Site (e.g., your passwords and other contact information) by visiting the “Profile” area of your account on our Web Site or by contacting ICAN via the email address at the end of this policy. We will endeavor to respond to your request as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. In addition, you have the right to request access to the Personal Information that we hold about you at any time.

Security

ICAN will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site, including making your Personal Information available to our employees and agents on a need-to-know basis. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

You may be able to create an account on our Web Site with a username and password. Passwords are encrypted and ICAN policies do not permit any employee or service provider access to your password. If you do create a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorised by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify ICAN of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session, especially where you are accessing the Web Site on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify ICAN when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We will have no liability for disclosure of your information due to errors or unauthorised acts of third parties.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorised individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorised individual to be used for purposes of identity theft. This illegal activity has come to be known as"phishing."

ICAN will never request your password or social security number via e-mail. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Web Site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Web Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.

Consent to Worldwide Transfer and Processing of Personal Data

ICAN is a global enterprise, with affiliates worldwide. When you give your Personal Information to ICAN, it may be processed by ICAN in all countries in which ICAN has affiliates. Each of these countries has different privacy laws that afford varying levels of protection for your PersonalInformation. Regardless of the laws in place in these countries, ICAN will treat the privacy of your information in accordance with this Privacy Policy. By providing your Personal Information to ICAN, you consent to ICAN transmission to, and processing of your information in, any jurisdiction, inaccordance with this Privacy Policy.

Third Party "Linked-To" Web Sites

When you are on our Web Site you may have the opportunity to visit, or link to, other sites not operated by ICAN, including other Web sites operated by other members of The ICAN Group or by unaffiliated third parties. Examples of such third party sites are facebook.com, twitter.com, pinterest.com. These sites may collect Personal Information about you. ICAN does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites. The Privacy Policies of Web sites operated by other members of The ICAN Group and other affiliated entities are located on those sites.

Changes to this Privacy Policy

ICAN reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of our Web Site to sending you an e-mail.

If you have any questions or comments regarding our privacy practices or wish to verify or change the information in our files, you may contact us at contactmeican@gmail.com. You may also send mail to us with any comments, questions or concerns at contactmeican@gmail.com.

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