Picturesunseen.com is a website owned and operated by Capitalvines Ltd.
Before using this website you should carefully read the following terms and conditions which govern the use of this website. If you do not agree to these terms and conditions please do not use this website. This website is operated by Capitalvines Ltd (“Capitalvines”), 10 Finsbury Square, London, EC2A 1AF (Company No. 7339428). All visits to this website and the terms and conditions of this website shall be governed by English law.
This website has been designed so that persons can offer pictures for sale, post blogs and comments and chat in real-time to other persons on this website. You should only contact a party advertising on this website if you have a genuine interest in purchasing the item(s) or service(s) being offered, and you should not contact any person for any other purpose such as offering your or any third party’s goods or services or otherwise seeking to solicit business in any way.
- Disclaimer and General Terms
1.1. Capitalvines accepts no responsibility for any loss or damage you may suffer as a result of your use of this website unless that loss comes about as a result of some fraud or serious misconduct on the part of Capitalvines.
1.2. The information provided by us on this website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
1.3. We continually improve our services, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the website up to date but information and specifications given are for your information only and are subject to change without notice.
1.4. We will endeavour to allow uninterrupted access to the website, but access to the website may be suspended, restricted or terminated at any time and we cannot guarantee secure, uninterrupted or error free access to the website. We reserve the right to change, modify, substitute or remove without notice any information on the website from time to time.
1.5. If we cannot provide access to the website to you because of something beyond our reasonable control (such as acts of god, terrorism, unavailability of the internet, or strikes), we shall not be liable to you. In this case we will do everything we reasonable can to provide access to the website as soon as possible.
1.6. Capitalvines does not conduct any investigations or due diligence into any parties advertising on this website and can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this website.
1.7. Any user of this website shall be solely responsible for any actions or decisions made based on the content of the website. Accordingly, Capitalvines disclaims all liability (whether arising in tort, contract or otherwise) and responsibility arising from any reliance placed by any user of this website on any materials and information on this website.
1.8. Any advertisement on the website does not constitute a binding offer so that acceptance by the user can bind the party advertising on the website or Capitalvines Ltd. In order to conclude a binding offer the person advertising on the website must accept an offer put forward by a user of the website.
- Data Protection
2.1. We are committed to protecting your privacy. Please see our Privacy Policy. We will collect and use information supplied by you and other users of the Website to improve the website and personalise your experience when you visit the website. We may also use it to tell you about changes in our services or about features we think you may find interesting.
2.2. Capitalvines collects stores and uses personal information collected from visitors to this website. All processing of personal information is done in accordance with current UK Data Protection legislation. Please read Capitalvines’ Privacy Policy for details of Capitalvines’ collection and use of personal data and your access and correction rights to any data held about you.
2.3. Capitalvines utilises email as a primary communication channel with its website users and customers. As a Customer, and by submitting your information on the Capitalvines.com website, you hereby acknowledge and grant Capitalvines.com the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes Capitalvines determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. Capitalvines will use best efforts to honour Customers’ requests to opt-out from receiving emails, but under no circumstances will Capitalvines bear any liability for sending any email to its users and Customers.
- Hypertext Links and Cookies
3.1. Where this website is hypertext linked to any website operated by any third party Capitalvines accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website and you use any such website at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them. The presence of a hypertext link on our website shall not be deemed to be a recommendation or endorsement of such website by Capitalvines.
- Username and Password
4.1. On registering with us, you are issued with a username and password which must be used in order to access certain restricted parts of the website. The user name and password are personal to you and are not transferable.
4.2. Your username and password are the methods used by us to identify you. You are responsible for all information posted on the Website by anyone using your username and password and any payments due for services accessed through the website by anyone using your user name and password. You are also responsible for keeping your username and password confidential and are solely responsible for any and all use of your account and for all activities that occur under your username and password. Any breach of security of a username and password should be notified to us immediately.
4.3. You may not adapt or circumvent the systems in place in connection with the website, nor access the website other than through normal operations.
4.4. If you register with us you must provide true and accurate information about yourself.
- Intellectual Property Rights
5.1. All intellectual property rights contained in and pertaining to this website, including any trademarks used on this website, copyright in any material and rights in any data contained on this website are owned by or licensed to Capitalvines. For the avoidance of doubt, this excludes intellectual property contained within material uploaded by a registered user of this website.
5.2. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on this website (in whole or in part) is strictly prohibited other than with the prior written consent of Capitalvines or the registered owner of that material.
- Infringement and Indemnity
6.1. As a condition of your use of this website, you agree not to upload or post any material that infringes the copyright, trade mark or other intellectual property rights of any third party.
6.2. We reserve the right to remove any material you upload or post onto this website if, in our opinion, such material infringes or is likely to infringe the copyright, trade mark or other intellectual property rights of any third party.
6.3. We will not be responsible or liable to you for the content or accuracy of any material uploaded or posted by any user of this website.
6.4. You hereby agree to indemnify Capitalvines (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers’ fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Capitalvines and whether wholly or in part resulting directly or indirectly from any claim that the content of any material uploaded or posted onto this website infringes the copyright, trade mark or other intellectual property rights of any third party.
6.5. If you believe that the content of any material uploaded or posted onto this website infringes your intellectual property rights, please notify us at our registered address or email us at support@picturesunseen.com
- Terms for Art Sellers
7.1. Before advertising the sale of artwork on this website, you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not advertise the sale of artwork on this website.
7.2. You are strictly prohibited from making any form of Financial Promotion in the UK unless:
7.3. You must also ensure that as a result of your participation on this website you comply in full with all legislation and regulations which affect the business activity in which you are participating in relation to both the business activity and the party with whom you propose to do business. This shall include but not be limited to compliance with any legislation or regulations which relate to making financial promotions or offers of business opportunities in the jurisdiction in which the other party is resident or situated.
7.4. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), you undertake to contact Capitalvines at 10 Finsbury Square, London, EC2A 1AF or email our customer services at support@picturesunseen.com forthwith setting out full details.
7.5. You warrant, represent and undertake to Capitalvines that the content of any advertisement you place on the website:
7.5.2. complies with all relevant legislation (in any relevant jurisdiction); and
7.5.3. is true and accurate and not misleading in any respect.
7.6. You hereby agree to indemnify Capitalvines in full against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever (including but not limited to losses incurred under the Financial Services and Markets Act 2000 or any other analogous legislation in any other jurisdiction) arising whether direct, indirect or consequential as a result of your use of this website.
7.7. Capitalvines reserves the right to refuse to upload any artwork or video listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide
7.8. Capitalvines reserves the right to edit any artwork or video listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide.
7.9. The decision where to place a listing within the index of business categories on this website shall be at the sole discretion of Capitalvines.
- Terms for Art Brokers and Intermediaries
8.1. If you are selling artwork in the capacity of a business broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an intermediary on the website.
8.2. You warrant, represent and undertake that you have the full authority and permission to advertise the artwork on the website from the direct business owner.
8.3. You warrant, represent and undertake to Capitalvines that the content of any advertisement you place on the website:
8.3.2. complies with all relevant legislation (in any relevant jurisdiction); and
8.3.3. is true and accurate and not misleading in any respect.
8.4. You hereby agree to indemnify Capitalvines in full against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever (including but not limited to losses incurred under the Financial Services and Markets Act 2000 or any other analogous legislation in any other jurisdiction) arising whether direct, indirect or consequential as a result of your use of this website.
- Terms for Art Buyers
9.1. Before contacting a seller of artwork through this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not contact a seller regarding the purchase of a business on this website.
9.2. The website gives you the opportunity to purchase artwork by contacting persons who advertise on this website. Capitalvines does not carry out any investigations or due diligence into the buyers, sellers, business brokers, intermediaries, advisors or investors who use this website. Capitalvines strongly recommends that you make every effort to check and verify offers personally or through your professional advisors/agents.
9.3. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, you will contact Capitalvines at 10 Finsbury Square, London, EC2A 1AF or email our customer services at support@picturesunseen.com forthwith setting out full details.
9.4. You hereby agree to indemnify Capitalvines against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.
- Payments
10.1. If you are a posting an artwork advertisement, save for an advertisement, you will pay us a fee of £1 for each advertisement which you post on the website, over and above your free quota of 5 pictures. We will post the advertisement no later than one business day after we have received the one off fee in cleared funds.
10.2. Capitalvines requires payments for services by credit card unless otherwise agreed in advance. Capitalvines will charge you in British Pounds Sterling.
10.3. All fees are non-refundable and non-transferable.
- Suspension and Termination
11.1. Failure to comply with the terms and conditions of this website may result in our taking all or any of the following actions:
11.1.1. immediate, temporary or permanent withdrawal of your right to use our website;
11.1.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
11.1.3. issue of a warning to you;
11.1.4. legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.1.5. disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required to disclose;
11.1.6. disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
11.2. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
- Other Terms
12.1. We intend to rely on this website as setting out the written terms relating to the provision of the use of this website to you.
12.2. If any part of these terms and conditions shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these terms and conditions.
12.3. In the event that we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these terms and conditions and this website to that third party or the newly merged entity.
12.4. We may also transfer any or all of our rights and obligations under these terms and conditions or this website in the event of a corporate group re-organisation to any member within our group of companies.
By registering on our site you agree to be bound by these conditions.