- YKLM refers YKLM Artspace Co. Ltd. and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, “YKLM ARTSPACE CO. LTD.” or the “Company”).
- App refers to YKLM Auctions App, or any other App to be developed and to be used on desk computer, laptop tablet, or mobile phone or devices, to be developed and to be used by YKLM in the future.
- Device refers to computer, desktop or laptop, tablet, mobile phones, or mobile devices.
- Services refers all YKLM Websitess, App, Device, tools, documents, applications (including mobile applications), and other services.
Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, “you”), and YKLM. You are advised to seek independent legal advice on the use of our Websites, App, Services, and Device or any other related matter.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.
- ELIGIBILITY AND REGISTRATION
The content of the Websites and App is not intended for minors (people who have not reached their nineteenth birthday). Such content extends to a wide range of art, is generally uncensored and may include nudity and/or other graphic or literary content that some people may consider offensive, as well as access to live or electronic bidding on articles that may contain such sensitive content. Such content may be harmful and/or illegal for minors or children and/or inappropriate for them to view or have access to. If you allow your child to use or access to the Websites, App, Device, or Service, it is your responsibility to determine whether any of our services, content and subject matter displayed on the Websites, App, or the Service is harmful or inappropriate for your child, and to control the child’s use accordingly. If you yourself find such sensitive content offensive, you should not use the Websites, Device, App or Service. We do not grant permission and specifically bar minors from accessing the auction and commerce portions of the Websites, App, Device or Service.
You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in or make an offer in connection with an auction, purchase or sale, or participate in any marketing event, you will have to register with us. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. By providing your information, you consent to us contacting you about your interest in us
In order to access or use certain parts of the Websites, App, Device or Service, you may be required to encode your media data by downloading and installing our software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use our software for the sole purpose of encoding digital audiovisual material in order to access or use certain parts of the Websites or App. We make no warranty concerning the functionality of the Company software on any individual computer/digital device and expressly disclaim any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of our software. You hereby waive any legal or equitable rights or remedies you may have against YKLM with respect to your use thereof.
- INTELLECTUAL PROPERTY
The content on the Websites and App, except for the Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to YKLM subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Websites and App is provided to you on AS IS basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable license fee to the owners. YKLM reserves all rights not expressly granted in and to the Websites and App and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Submissions of third parties obtained through the Websites. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and App or the Content therein.
You may not frame the Websites or the App. You may link to the Websites or App, provided that you acknowledge and agree that you will not link the Websites or App to any website containing any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may not use your own web design skills to put “frames” around our Websitess and pretend they are yours. You also can’t link to our Websitess from websites that contain content we would find objectionable.
- YOUR LICENSE TO USE THE SERVICES
- SERVICE RULES
There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files;
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
- Threatens, stalks, harms, harasses, misleads, deceives, promotes bigotry or discrimination against, defames others, or is otherwise objectionable;
- Solicits personal information, promotes illegal substances, or submits or transmits pornography; or
- Violates any laws.
To use the Services, you have to follow our rules. The rules above are designed to keep the Services safe and enjoyable for all users.
- YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username. You acknowledge that once published, you might not withdraw such Submissions except these applaud or other symbols, comments, graphics, video, audio or any other non-content Submissions that are not part of your Submission to the contents.
Similarly, Submissions made by the Sellers cannot be withdrawn generally unless the comments, graphics, symbols, video, audio or any format relating to the Property or Goods that are for the auctions as long as the Sellers are the sole authors of these contents or Submissions.
Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.
- You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;
- Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;
- Your Submissions will not infringe or violate our rights or the rights of a third party;
- You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;
- You will not use deep fake or other facial recognition technology to misuse any face of a third party or others;
- You agree that we are not liable for Submissions made by you or others;
- You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;
- Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;
- Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 19 or unable to provide consent for any reason;
- You will not share viruses or files that have the capability of causing damage to another’s computer;
- You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and
- You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.
- REPORTING COPYRIGHT INFRINGEMENT
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are frequent copyright infringers or violates other rules of law or our policy. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may contact us via email. Your report should include all of the following contents:
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website and screen capture of the App pages, where such material may be found.
- Include your mailing address, telephone number, and, if available, email address or other contact information.
- Include both of the following statements in the body of the report (if these statements are untrue, you cannot submit the report):
“I truly belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“The information in this Report is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to YKLM at info@YKLM.ca.
Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.
- THIRD PARTY WEBSITES
The Websites and the App may contain links to third party websites that are not owned or controlled by us and we assume no responsibility for any third party websites accessed through the Websites and the App. By using the Websites or the App, you expressly save harmless, indemnify and discharge YKLM from any and all liability arising from your use of any third-party website or app.
During live auctions, YKLM reserves the right to utilize a third party streaming server to broadcast live video. YKLM assumes no responsibility for such third party server and you expressly indemnify, save harmless, and discharge us from any and all liability resulting from the use of such third party server.
- DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED ON “AS IS” BASIS AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We make no representations or guarantees that the Services are compatible with your equipment or Device or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.
You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or goods or the condition of the property or goods at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property or goods. You are encouraged and required to conduct your own due diligence and investigate all matters relating to any properties at your own expenses. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction or other marketing events, times and locations, relevant terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no
- make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services;
- guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or
- make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
Any use of available third party content, services, and information shall be your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the Company or any third party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third party content, services and information provided. Any of the Services such as valuation reports, audio visual management solutions, pricing or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based on public records, market sources or other statistical calculations and is provided on an “as-is” and “as available” basis with all faults and defects. You are accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, You are responsible for performing your own diligence on
properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties. You are strongly advised to seek your own independent legal, evaluation or financial advice.
- EXCLUSION OF LIABILITY BASED ON NEGLIGENCE
For our part, we exclude any claims or liabilities based on NEGLIGENCE, except for personal injury or death.
Any loss from profit or consequential loss, will be excluded from any claims or liability against us.
You are advised to seek independent legal advice on this section.
- LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Unless a provincial law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $100, whichever is greater. You are advised to seek independent legal advice on this section.
You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:
- your access to or use of the Services;
- your violation of any third party right, including without limitation any copyright, property, or privacy right;
- the content of your Submissions; or
- TERMINATION OF THE USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
- BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree:
- that all Claims will be determined exclusively by final and binding arbitration in Vancouver, British Columbia before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a
proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.
The arbitration shall be administered under the Arbitration Act, RSBC 1996, C. 55, and the rules and procedure thereunder. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the Province of British Columbia. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
- SERVICES AUDITING AND MONITORING
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any content you submit violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of us, our users and the public.
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
- GENERAL TERMS
- Force Majeure
No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties, such as earthquake, civil riot, tsunami, volcanic eruption, pandemic, terrorist attack, cyber hacking interruption and so on.
- Notices and Electronic Communications
any telephone conversation with our agents or employees, you consent to our recording such telephone call.
Event Notifications by text message from us to the phone number you provide (and you confirm that you are the owner of that number). Your subscription authorizes us, to the extent permitted by applicable law, to send text messages with marketing messages, alerts and updates about properties you are interested in to the phone number you provide. The frequency of these text messages is recurring and on-going. Message and data rates may apply, which means you may incur charges from your carrier as a result of these messages. You are not required to subscribe or opt in (directly or indirectly) to receive text messages from us as a condition of purchasing any property, goods or services from YKLM ARTSPACE CO. LTD.. At any time you may cancel your subscription and opt-out of receiving text messages from us by replying and calling us at company phone number. You also consent to our use of an automatic telephone dialing system for telephone calls and texts (if you have opted-in to receive text message marketing). You may revoke this consent at any time through reasonable means.
You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
- Compliance with Applicable Laws.
The Services are controlled within British Columbia and Canada. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion.
These are all the general legal terms that govern your use of the Services.