Auction Seller Agreement

General

This Agreement sets forth the terms and conditions that govern the relationship between Artland Worldwide Corporation ("Artland") and you ("you" or "Seller") with respect to the process, terms, and conditions under which you may offer or sell property such as art, artifacts, design objects, and other similar items (collectively "Property") on Artland's websites (Artland.com, Artland.de, Artland.fr, and all other related websites) (collectively, the "Site"). If you wish to access or use the Site to offer or sell Property through the Site (the "Services"), you must accept the terms and conditions of this Agreement, without change.

PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A SELLER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN (including, without limitation, THE Property Policy and Listing Guidelines ANNEXED HERETO).

These Conditions are valid from 1 July 2024. The Artland Auctions portion of the Site provides a venue and mechanism for you to conduct auctions for items of Property posted by you on the Site; and for bidders to bid for such items of Property in auctions conducted by you. As such, Artland is not involved in the actual transactions between buyers and sellers, has no control over the buyers and/or the sellers, and does not guarantee in any manner that buyers will pay or that any transaction(s) will be completed. Use of the Artland Auctions portion of the Site and the Services is limited to Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not sell items of Property through the Site. Every Seller who uses the Services hereby represents and warrants to Artland that he or she is not a minor, is at least over the age of eighteen (18), and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.

Use Of The Site

You may list Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

Property Description: You will describe all Property offered by you truthfully and accurately. This would encompass text descriptions, images, and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. All damage to Property must be photographed and clearly presented on the Site. Additionally, the information presented in your listing cannot be misleading, either through the inclusion of actual information provided or by the omission of information.

Compliance with Laws: The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding your use of the Site and its Services. All information you post on the Site will comply with all applicable laws, statutes, and regulations. It is your responsibility to determine whether the offer or sale of Property may violate applicable laws, statutes, or regulations as a Seller.

Adherence to Policies: You will adhere to the Property Policy and Listing Guidelines annexed hereto and such other policies and guidelines applicable to the Site as such may be amended by us from time to time in our sole discretion.

Prohibited Conduct: You will not offer buyers the opportunity through the Site to purchase any items of Property outside of the Site. You will not allow other persons or entities to post items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Artland will not be held liable for any activity resulting from compromised account information. You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus, or other means, including without limitation, sniping, time bombs, etc.

Confidentiality and Data Protection: You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you, and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct, or otherwise inconsistent with our Terms of Use and/or Privacy Policy. You will immediately notify Artland if you suspect that your information or listing data has been compromised.

Authenticity and Refunds: Should the authenticity of authorship, if provided by Seller, of any Property sold by you through the Site be found to be significantly incorrect, you will permit the purchaser to return such Property to you for a full refund within 4 weeks after the transaction has been completed and the Seller has delivered the Property. You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site. Artland, in its sole discretion, may place bids on your behalf up to the amount of the reserve in order to generate interest in the lot and to protect the reserve.

Transaction Completion: You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

Sales and Use Taxes: It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report, and remit the correct tax to the appropriate tax authority. Artland is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay, or report any sales or use taxes arising from any such sale transaction.

Monitoring and Enforcement

Once an auction is live, Seller cannot amend or make any changes to the auction. If a change is necessary, for any reason, you are required to notify Artland promptly. Artland reserves the right, in its sole discretion, to terminate any auction that has commenced and re-offer the item with a revised description. If you do not want to re-offer the item of Property, Artland will be entitled to collect a Commission Fee (as defined below) as if the item of Property sold at the low estimated price. Artland has the right, but not the obligation, to monitor any activity and content associated with the Site. Artland may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation, our Privacy Policy, Terms of Use, Property Policy and Listing Guidelines) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings, all of which may be taken by Artland without liability to you or any other person or entity. Artland reserves the right, in its sole discretion, to remove, screen, or edit any content that violates these provisions or is otherwise objectionable. In addition, Artland may, in its sole discretion, remove any item of Property posted by you or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation, our Privacy Policy, Terms of Use, Property Policy and Listing Guidelines, or Return Policy). In the event of a removal or cancellation, Artland will not have any liability to you, any bidder, or any other person or entity with respect to the offer of such item or the cancellation of the auction. As permitted by applicable law, Artland also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Artland's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Artland's business and systems, or other purposes deemed reasonable by Artland, Artland may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history, and posted content.

Auction Process

When a bidder enters a bid on the Site, they are irrevocably agreeing to purchase the Property for that amount. Artland reserves the right, in its sole discretion, to: Withdraw any Property from its Site at any time prior to or during an auction; or Postpone or cancel the auction of any Property, and the seller and the bidder agree that Artland shall have no liability whatsoever to any seller or bidder for exercising such rights, or for any errors in execution or failure to execute bids, regardless of the circumstances. Artland does not have an opinion on the listing price or involvement in setting it. Furthermore, we do not validate the authenticity of an item listed for sale. The auction in respect of any particular Property concludes on the expiry of the deadline for bids shown on the Site in respect of such listing ("Auction Close"). At the Auction Close, a legally binding contract for the sale of the Property ("Sale Contract") shall automatically be entered into between the seller and a bidder achieving a Winning Bid (hereinafter referred to as "the buyer") for the buyer to buy the Property for the Sale Price subject to these terms and conditions. Any Sale Contract is formed and fulfilled exclusively between the seller and the buyer. Artland shall not be liable for any act or default by the seller or the buyer.

Warranty of Authenticity

You warrant the authenticity of all items of Property offered by you for bidding or purchase on the Site in accordance with the Property Policy and Listing Guidelines. Artland reserves the right to terminate any auction or sale of any item which it believes in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. Artland will have no liability to the Seller or other person or entity (including any bidder) in any auction terminated by Artland.

Fees

Artland will bill you, and you will be responsible for a commission percentage fee ("Commission Fee") payable on the selling price of all items of Property sold by you through the Site, excluding any tax, shipping, or handling charges. All current fees applicable to auctions are regulated by the fee schedule (the "Fee Schedule"). Artland reserves the right to change or amend all or any portion of the Fee Schedule, at any time and in its sole discretion, in accordance with the amendment and notification provisions of the Fee Schedule (See Amendment and Notification below). You will pay all fees owed to Artland upon receipt of any invoice therefor. Artland reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the fees in any way. Unless otherwise stated, all fees are listed and shall be required to be paid in US, EUR, or GBP Dollars. You are responsible for all fees and taxes associated with posting to the Site and any sale of Property through the Site. Artland reserves the right to collect on accounts due by various means, including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to Artland hereunder. Additionally, a late payment fee may be applied to overdue payments. Artland also reserves the right to add an interest charge of 0.5% per month, prorated on the outstanding amount due for each month the payment remains unpaid. In the event that a seller is in breach of this agreement, Artland reserves the right to invoice the seller for any losses incurred as a result of such breach. This may include, but is not limited to, loss of fees, additional administrative costs, and any legal expenses incurred in enforcing this agreement.

Use of Content

You, the Seller, grant to Artland and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, or otherwise use all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by you to the Site (collectively, the "Materials") for all purposes, in any medium whatsoever. It shall be Seller's sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post, or display any Materials on the Site where such rights are held by third parties.

Dispute Resolution

Because Artland is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, Artland does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. Artland has no control over and does not guarantee the quality, safety, or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. It is Artland's policy to allow sellers and buyers the opportunity to settle differences directly. Artland reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that Artland may conduct in response to a claim, and to provide Artland with any documentation in your possession or control. You agree to abide by the terms of Artland's Return Policy in effect from time to time. If a buyer requests that you rescind a sale of an item sold on the Site, you agree to consider such purchaser's claim in good faith, and to rescind such sale, if appropriate, under the terms of the Return Policy.

Limitation of Liability

THE SITE AND SERVICE IS "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. ARTLAND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTLAND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Please note that this disclaimer of warranties and limitation of liabilities applies to Artland's service providers and to each of their respective affiliated entities. Artland does not guarantee or represent in any manner that the Site or Service will operate error-free or that the Site or Service will be uninterrupted.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ARTLAND AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY OFFERED FOR SALE OR SOLD BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN, OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT, AND INVASION OF ANY PRIVACY RIGHTS.

Release

BECAUSE ARTLAND IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE ARTLAND (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Amendment and Notification

Artland reserves the right to change any of the terms and conditions contained in this Agreement (including, without limitation, the Fee Schedule, Property Policy and Listing Guidelines, and/or Return Policy) by posting on the Site either a new agreement or any changes or amendments thereto. Each time any of the foregoing is changed or amended, Artland will send notification of the changes or amendments in an email to you at the address you have provided in your account settings. Each change or amendment will be automatically effective ten (10) days after notice thereof is initially emailed to you. No changes or amendments shall affect the sale of any Property that you posted for sale before such change or amendment became effective. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING ARTLAND'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT (including, without limitation, ANY CHANGES OR AMENDMENTS TO THE FEE SCHEDULE, PROPERTY POLICY, AND LISTING GUIDELINES AND/OR RETURN POLICY), DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A SELLER.

All informal communication between the parties will be via email to the extent feasible.

Termination of Agreement

Artland reserves the right to terminate this Agreement at any time, on ten (10) days' notice to you, for any reason whatsoever; provided, however, that unless this Agreement is terminated by Artland pursuant to the paragraph immediately set forth below, this Agreement shall remain in effect to the extent necessary to permit you to complete your pending auctions on the Site at the time of notification of termination by Artland. Additionally, Artland reserves the right to terminate this Agreement immediately upon notice to you and cancel any of your pending auctions if: (i) you are found to be, in Artland's sole good faith judgement, in breach of this Agreement or the documents it incorporates by reference; (ii) Artland believes that your actions may cause legal liability for Artland or any Site users; or (iii) Artland no longer offers the Service contemplated under this Agreement. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Artland believes that your actions may cause legal liability for Artland or any Site users. Notification of any termination will be emailed to you at the address you have provided in your account settings. The following Sections survive any termination of this Agreement: Warranty of Authenticity; Fees (with respect to fees owed for our services); Use of Content; Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties, and Additional Agreements; and Miscellaneous.

Dispute Resolution and Applicable Law

This Agreement and all claims related to its execution or the performance of the parties under it shall be construed and governed in all respects according to the internal laws of the Kingdom of Denmark, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. If any dispute arises between the Parties related in any way to the performance or interpretation of this Agreement, or any other matter in connection with this Agreement which cannot be settled by amicable agreement, then upon either party's giving written notice of the difference or dispute to the other, the dispute shall be resolved in accordance with Danish law and will be adjudicated by the courts of Copenhagen, Denmark.

Miscellaneous

If any one or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid illegal or unenforceable provision or provisions had never been contained herein. You shall not assign this Agreement to another entity or person without the prior written consent of Artland. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors, and assigns. You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement and agree not to represent to third parties that you are an agent, partner, joint ventures, or employee of Artland or any of Artland's affiliated entities. This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. Artland's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Artland's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).

Property Policy and Listing Guidelines

Restricted Property A Seller shall not offer for sale any Property on the Site if the offering or sale of such Property violates applicable laws or regulations or may subject the Seller or Artland to potential liability. Artland reserves the right, in its sole discretion, to restrict or prohibit any item of Property from being offered for sale through the Site. Representations and Warranties Concerning Property Each Seller shall be deemed to make the following representations and warranties to Artland upon the posting of any Property for sale on the Site: Seller has the right to offer the Property for sale through the Site; Seller has good and unencumbered title to any Property offered for sale by Seller through the Site and good and unencumbered title and right to possession to the Property will pass to the buyer of such Property at the time of sale; Seller has no reason to believe that the Property is not authentic or is counterfeit; and If applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located and that any applicable tariffs and taxes have been properly paid. Code of Conduct Artland is committed to maintaining high standards of business, legal, and ethical practices. Given the complex international legal and ethical environment in which international art and other markets operate, each Seller is required to fully endorse and agree to the following policy statements regarding Property to be offered for sale on the Site. No item of Property will be sold or offered for sale if a Seller knows or has reason to believe that such item of Property was illegally exported or imported. If a Seller suspects or has knowledge of an illegal export or import, the Seller must not offer such item of Property for sale on the Site. Seller agrees to comply with the laws of the countries in which the Seller is doing business, including applicable export or import laws. Listing Guidelines Each Seller is required to fully endorse and agree to the following listing guidelines regarding Property to be offered for sale on the Site: Seller agrees not to include brand names or other keywords in the title that may affect the keyword searches for the Site. Seller agrees not to use brand names, misleading or inappropriate aliases for his/her screen name. Seller agrees to list the items within the appropriate categories on the Site. Seller agrees to hand over ownership the item of Property purchased from it unless the buyer of such item of Property fails to make payment. Seller agrees to fully disclose all shipping information to the buyer and to not misrepresent shipping costs or where the item of Property will be shipped from if relevant. Seller agrees to disclose the states where it is obligated to collect sales taxes as a Seller. Seller shall be responsible for the collection and remittance of all applicable sales taxes that the Seller is obligated to collect. Seller agrees not to misrepresent the estimate of any item of Property. Seller agrees not to use profanity or obscene images in any listing of Property.

VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY AUCTION BEING CONDUCTED BY A SELLER ON A SITE, BY THE REMOVAL OF THE PROPERTY FROM THE SITE, AND/OR THE IMMEDIATE TERMINATION OF THE SELLER'S AUCTION SELLER AGREEMENT.

Terms Of Use: Artland Auctions

Welcome to Artland. These Terms and Conditions of Use ("Terms") apply to and govern your use of the Artland website (the "Site") and any services that may be provided by or registered with Artland through the Site by you ("Services"). In these Terms, the terms "we" or "us" also refer to Artland. By visiting our Site or using Services, you are accepting the practices described in these Terms and our Privacy Policy, which is incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

When a bidder enters a bid on the Site, they are irrevocably agreeing to purchase the Property for that amount.

Artland reserves the right, in its sole discretion, to: Withdraw any Property from its Site at any time prior to or during an auction; or Postpone or cancel the auction of any Property,

the seller and the bidder agree that Artland shall have no liability whatsoever to any seller or bidder for exercising such rights, or for any errors in execution or failure to execute bids, regardless of the circumstances. The auction in respect of any particular Property concludes on the expiry of the deadline for bids shown on the Site in respect of such listing ("Auction Close"). At the Auction Close, a legally binding contract for the sale of the Property ("Sale Contract") shall automatically be entered into between the seller and a bidder achieving a Winning Bid (hereinafter referred to as "the buyer") for the buyer to buy the Property for the Sale Price subject to these terms and conditions. Any Sale Contract is formed and fulfilled exclusively between the seller and the buyer. The seller sells the Property as principal. Any dealings the buyer may have with Artland in connection with the Property or an auction of a Property are with Artland acting as agent of the seller and not as an additional principal. Artland shall not be liable for any act or default by the seller or the buyer. The parties may not alter the Sale Price after Auction Close.

License to Use the Site and Services; Restrictions

Artland grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of Artland. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such content, including without limitation trademarks and service marks of Artland and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of Artland. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Artland. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Artland's infrastructure.

Ownership

Artland owns, controls, licenses, or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio, and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to applicable copyright laws, international conventions, and other copyright laws. Artland is the owner of the copyright in the entire Site and Services. Artland owns the copyrights in the selection, coordination, arrangement, and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any content. In the event of any permitted copying, redistribution, or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Artland and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.

Change to Site or Services; Termination

Artland shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. Artland may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that Artland may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if Artland reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Artland or any third party, or for any reason with or without notice to you. You agree that Artland will not be held liable to you or any third party as a result thereof.

Links to Other Websites

The Site and some Services contain links and pointers to third-party websites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by Artland or any of its subsidiaries and affiliates of any third party, its site, resources, or contents. Artland cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. Artland has no control over these sites or the content within them. Artland does not warrant that any third-party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

Artland's Rights to Materials Provided by Users

Artland welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content, or materials to Artland or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to Artland a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent, or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Artland of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against Artland for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Artland is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever. Any or all Communications provided by you to the Site or Services may be included in a database owned by Artland and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

No Responsibility for User Transmitted Material

You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Artland or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and Artland or any Artland affiliate or subsidiary other than pursuant to these terms and conditions of use. Artland shall not be responsible for the payment of any monies to any party in connection with Artland's use of Communications submitted by you to the Site.

Monitoring, Editing, and Disclosure of User Material

Any messages, files, data, information, content, materials, or other contributions of third parties ("Contributions") to the Site or Services do not necessarily represent the view or opinions of Artland. Artland does not assume any responsibility for the consequences of Contributions on or any communications or results arising from the use of the Site or Services. Artland does not represent or guarantee the truthfulness, accuracy, or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK. You agree that Artland has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies, or guidelines that Artland may establish from time to time. Notwithstanding this right of Artland, Artland does not and cannot review all materials posted to the Site or Services by users, and Artland is not responsible for any such Communications or Contributions posted by users. Artland reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation, or government or agency request or if, in Artland's sole discretion, such materials are objectionable or in violation of these Terms. ARTLAND HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

User Conduct

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice: Disrespecting the privacy or views of other users; Using Artland or the Site or Services for unlawful purposes or to promote any unlawful activities; Impersonating another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users; Transmitting "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights, or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening, or false

Indemnification

You agree to indemnify, defend, and hold harmless Artland, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct, or any breach of this Agreement, including without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Artland reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter without the prior written consent of Artland.

Disclaimer of Warranties

Artland does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Artland reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services. THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. NEITHER ARTLAND NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment, or data, Artland is not responsible for those costs. NEITHER ARTLAND NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES, OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER ARTLAND NOR ITS CONTENT PROVIDERS WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT SPECIFIC RESULTS WILL ARISE FROM USE OF THE SITE OR SERVICES, ANY CONTRIBUTIONS, SEARCH, LINK, OR ANY OTHER ARTLAND PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

Limitation of Liability; Exclusion of Damages

Artland is not liable for any lost data resulting from the operation of our Site, provision of Services, and/or the enforcement of the Terms. We urge all users to maintain their own backup versions of any Communications or Contributions they provide for submission to the Site or Services. Artland disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Artland is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services. ARTLAND AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS. UNDER NO CIRCUMSTANCES SHALL ARTLAND, ITS SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS, AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTLAND, ITS SUBSIDIARIES, AND AFFILIATES 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 THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Artland makes no representation that materials on the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States.

Changes to Terms and Conditions

Artland reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.

Additional Remedies

You agree that monetary damages may not provide a sufficient remedy to Artland for your violation of these Terms, and, accordingly, you acknowledge and agree that Artland is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Artland under this Agreement, at law, or in equity. Artland may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Artland is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

Survival

The provisions titled "Ownership," "Changes to Site or Services; Termination," "Artland's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing, and Disclosure of User Material," "Indemnification," "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival," and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate Courts of Denmark located in Copenhagen in, and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Artland with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or Artland of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to Artland must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Auction Buyer Agreement

General

This Agreement sets forth the terms and conditions that govern the relationship between Artland ApS ("Artland") and you ("you" or "Buyer") with respect to process, terms, and conditions under which you may bid, offer to purchase, or otherwise participate as a potential buyer in Artland Auctions for items such as art, artifacts, design objects, and other similar items (collectively "Property") on Artland's websites (artland.com and all other related websites) (collectively, the "Site"). If you wish to access or use the Site to bid on or offer to purchase any items of Property through the Site (the "Services"), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. The Artland Auctions portion of the Site provides a venue and mechanism for sellers to conduct auctions for items of Property posted by them on the Site; and for bidders to bid for such items of Property in such auctions. As such, Artland is not involved in the actual transactions between buyers and sellers, has no control over the sellers and/or the buyers, and does not guarantee in any manner that sellers will sell or deliver or that any transaction(s) will be completed. Use of the Artland Auctions portion of the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase items of Property through the Site. Every Buyer who uses the Services hereby represents and warrants to Artland that he or she is not a minor, is at least over the age of eighteen (18), and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes a breach of this Agreement.

Auction Process

When you enter a bid on the Site, you are irrevocably agreeing to purchase the Property for that amount. Artland reserves the right, in its sole discretion, to: Withdraw any Property from its Site at any time prior to or during an auction; or Postpone or cancel the auction of any Property, and you agree that Artland shall have no liability whatsoever to any seller or bidder for exercising such rights, or for any errors in execution or failure to execute bids, regardless of the circumstances. The auction in respect of any particular Property concludes on the expiry of the deadline for bids shown on the Site in respect of such listing (“Auction Close”). At the Auction Close, a legally binding contract for the sale of the Property (“Sale Contract”) shall automatically be entered into between the seller and the highest bidder (hereinafter referred to as “the buyer”) for you to buy the Property for the Sale Price subject to these terms and conditions. Any Sale Contract is formed and fulfilled exclusively between the seller and the buyer. The seller sells the Property as principal. Any dealings you may have with Artland in connection with the Property or an auction of a Property are with Artland not acting as an additional principal. Artland shall not be liable for any act or default by the seller or the buyer. The parties may not alter the Sale Price after Auction Close.

Use of the Site

You may bid on or offer to purchase items of Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions: You must honor all bids placed in an auction and are obligated to complete the transaction with the respective seller if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You also agree to pay the Buyer's Premium to Artland with respect to any auction item for which you are the winning bidder (See Buyer's Premium in the fee schedule), unless otherwise agreed. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. You understand that some lots are offered with a reserve price, the confidential minimum price agreed upon with the seller below which the work may not sell and that Artland may, in its own discretion, protect the reserve price by placing bids on the seller's behalf up to the amount of the reserve price. You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller's return policy for each auction listing. You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by Artland in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item, or blatant errors in a listing. You must contact Artland immediately after placing a bid to retract any bids made in error. The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing items. You will not allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Artland will not be held liable for any activity resulting from compromised account information. You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus, or other means, including without limitation, sniping, time bombs, etc. You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct, or otherwise inconsistent with our Terms of Use and/or Privacy Policy. You will immediately notify Artland if you suspect that your information or data has been compromised. You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site. It is your responsibility to pay any sales or use taxes that apply to any purchase transactions conducted by you through the Site. Artland is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay, or report any sales or use taxes arising from any such sale transaction. Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name. Artland has the right, but not the obligation, to monitor any activity and content associated with the Site. Artland may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including bids, all of which may be taken by Artland without liability to you or any other person or entity. Artland reserves the right and has sole discretion, to remove, screen, or edit any content that violates these provisions or is otherwise objectionable. In addition, Artland may, in its sole discretion, remove any item of Property or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use). In the event of a removal or cancellation, Artland will not have any liability to you, any seller, or any other person or entity with respect to the offer of such item or the cancellation of the auction. As permitted by applicable law, Artland also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Artland's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Artland's business and systems or other purposes deemed reasonable by Artland, Artland may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history, and posted content.

Use of Content

You, the Buyer, grant to Artland and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs, or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for Artland's use of any such Materials.

Buyer's Premium

When you are the winning bidder, Artland will charge you, and you will be responsible for a buyer's premium. The buyer's premium is based on the winning bid or buy-now price and will be regulated by the fee schedule outlined (the "Fee Schedule"). This Buyer's Premium will be incurred upon the completion of the applicable auction. Artland reserves the right to change the amount of the Buyer's Premium, at any time and in its sole discretion, in accordance with the amendment and notification provisions of this Agreement (See Amendment and Notification below). The applicable Buyer's Premium will be charged to your credit card on file with Artland and you hereby authorize Artland to charge such a credit card upon the completion of any auction in which you are the winning bidder. Artland also reserves the right to invoice you for the Buyer's Premium payable by you hereunder. In such an event, you will pay the Buyer's Premium owed to Artland upon receipt of any invoice therefor. Artland reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the Buyer's Premium in any way. Unless otherwise stated, the Buyer's Premium shall be required to be paid in Euros. Artland reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to Artland hereunder. In the event a seller is unable or otherwise fails to consummate the sale in which you were the winning bidder, you should contact Artland to obtain a refund with respect to any Buyer's Premium paid by you with respect to such sale. As a winning buyer, you can request a refund of the applicable Buyer's Premium in the event that: (i) the seller did not respond after you attempted to contact them (please allow at least seven days for them to respond); (ii) the seller failed to complete the transaction and didn't sell you the item; or (iii) you returned the item to the seller and were issued a refund by the seller. Any request for a refund of the Buyer's Premium must be made within 60 days of the conclusion of the applicable auction. In the event that you were the winning bidder and then failed to contact the seller, pay the seller, or come to terms with the seller regarding shipping or any other item, the buyer's premium is still due to Artland. Determinations of your entitlement to any refund of the Buyer's Premium shall be made at the discretion of Artland.

Dispute Resolution

It is Artland's policy that Seller's describe all items of Property offered for sale on the Site truthfully and accurately. This should encompass text descriptions, images, and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. Artland's policy requires Seller's to photograph all damage to Property and to clearly present such damage on the Site. Additionally, Artland's policy requires that the information presented in a Seller's listing not be misleading, either through the inclusion of actual information provided or by the omission of information. Because Artland is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, Artland does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. Artland has no control over and does not guarantee the quality, safety, or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value, or quality of a lot shall be construed to be an expressed or implied warranty, representation, or assumption of the liability by Artland. It is Artland's policy to allow sellers and buyers the opportunity to settle differences directly. Artland reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that Artland may conduct in response to a claim and to provide Artland with any documentation in your possession or control.

Limitation of Liability

THE SITE AND SERVICE IS "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. ARTLAND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTLAND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. Please note that this disclaimer of warranties and limitation of liabilities applies to Artland's service providers and to each of their respective affiliated entities. Artland does not guarantee or represent in any manner that the Site or Service will operate error-free or that the Site or Service will be uninterrupted.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ARTLAND AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY BID ON OR PURCHASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT, AND INVASION OF ANY PRIVACY RIGHTS.

Release

BECAUSE ARTLAND IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE ARTLAND (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ARTLAND.

Representations; Warranties and Additional Agreements

You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to Artland the rights set forth herein. You agree to comply with the Site's policies and guidelines as they may exist from time to time (including, without limitation, our Privacy Policy and Terms of Use).

Amendment and Notification

Artland reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. Changes to this Agreement may be posted on the Site without notice to you. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING ARTLAND'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A BUYER. All informal communication between the parties will be via email to the extent feasible.

Termination of Agreement

Artland reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Artland believes that your actions may cause legal liability for Artland or any Site users. Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings. The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.

Dispute Resolution and Applicable Law

This Agreement and all claims related to its execution or the performance of the parties under it shall be construed and governed in all respects according to the internal laws of the Kingdom of Denmark, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. If any dispute arises between the Parties related in any way to the performance or interpretation of this Agreement, or any other matter in connection with this Agreement which cannot be settled by amicable agreement, then upon either party's giving written notice of the difference or dispute to the other, the dispute shall be resolved in accordance with Danish law and will be adjudicated by the courts of Copenhagen, Denmark.

Miscellaneous

If any one or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or provisions had never been contained herein. You shall not assign this Agreement to another entity or person without the prior written consent of Artland. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors, and assigns. You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement and agree not to represent to third parties that you are an agent, partner, joint venturer, or employee of Artland or any of Artland's affiliated entities. This Agreement and the general terms and conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. Artland's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Artland's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).

Artland Auction Fee Schedule

Effective Date: 1 July 2024

Listing Fees

No listing fees apply.

Commission Fees

Artland charges a commission fee on the final sale price of each item sold through the auction platform. The commission fee is structured as follows:

Buyer's Premium

When you are the winning bidder, Artland will charge you, and you will be responsible for a buyer's premium, which is currently a 5% buyer's premium on all lots. The buyer's premium is based on the winning bid or buy-now price. This buyer's premium will be incurred upon the completion of the applicable auction.

Additional Fees

Late Payment Fee: A late payment fee of 10 EUR will be applied to any overdue payments. Interest on Overdue Payments: Artland reserves the right to add an interest charge of 0.5% per month, prorated on the outstanding amount due for each month the payment remains unpaid.

Payment Terms

Currency: All fees are listed and shall be required to be paid in US Dollars (USD), Euros (EUR), or British Pounds (GBP). Due Date: Fees are due upon receipt of an invoice. Invoice Delivery Methods: Posted to your account section of the Site Emailed to the address provided in your account settings Mailed to the address provided during registration to the Site

Collection of Fees

Artland reserves the right to collect on accounts due by various means, including but not limited to: Use of collection agencies Legal counsel Direct charge to payment methods on file You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to Artland.

Sales Taxes (VAT)

All fees and similar charges will be subject to VAT when relevant, in accordance with the VAT regulations of Denmark.

Amendments and Notifications

Artland reserves the right to change or amend all or any portion of the Fee Schedule at any time and in its sole discretion. Amendments will be communicated in accordance with the amendment and notification provisions of the Fee Schedule.

This Fee Schedule forms an integral part of the Master seller and buyer agreement and by participating in Artland auctions, you agree to be bound by these terms.