Terms and Conditions of Use
Update: September, 2009
TRIBALINDEX.COM is an Internet service provided by TRIBALHORIZON SA and made available under these terms and conditions and Privacy Policy. this document alone applies to and governs the relationship of the user and the company TRIBALHORIZON SA. By visiting the TRIBALINDEX.COM site, whatever the Internet address or URL used, and/or buying response units you accept to be bound by all the terms of this user contract and Privacy Policy.
ARTICLE 1: SITE CONTENT
TRIBALINDEX.COM broadcasts online data banks related to tribal art and the tribal art market. Such broadcast online constitutes a processing of the raw information by manual processing. the TRIBALHORIZON SA offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information it collects.
ARTICLE 2: USE OF thE TRIBALINDEX.COM SITE
From the TRIBALINDEX.COM site, you can use the entirety of the data banks available on the site. We forbid any queries that do not conform to the usual customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.
ARTICLE 3: USER DECLARATION
the user states that he/she is at least 18 years of age and has the legal competence to conclude this contract allowing him/her to subsequently carry out queries and consultations. Using the username and password sent by the TRIBALHORIZON SA, the user undertakes on his/her sole responsibility to carry out queries on the data banks of the TRIBALHORIZON SA. the TRIBALHORIZON SA cannot be held responsible for the fraudulent use of the username and password of the user which are the only references that TRIBALHORIZON SA is authorised and able to verify.
ARTICLE 4: INFORMATION ON USERS
Under the provision of Privacy Policy TRIBALHORIZON SA is authorised to ask you for personal information, your place of residence and your bank details to facilitate the management of your account and improve the provision of services.
ARTICLE 5: PROPERTY
All programmes, services, procedures, concepts, non commercial software, brands, technological elements and content of the data bank as well as all the services offered by the TRIBALHORIZON SA remain the full and exclusive property of the TRIBALHORIZON SA. All unauthorised use of its rights is forbidden. Specifically, the TRIBALHORIZON SA has authorship rights over its data bank which is protected and these may never be used except for brief quotation. Specifically any use or quotation of data contained in the data bank broadcast to the public shall respect the rights of the TRIBALHORIZON SA and must be accompanied by the legend: 'source: TRIBALINDEX.COM and maintain all attribution identified.
ARTICLE 6: ABSENCE OF GUARANTEE AND LIMITATION OF RESPONSIBILITIES
All information in the data banks of TRIBALINDEX.COM are provided 'as seen' and the TRIBALHORIZON SA offers no express or implied guarantee on as to the content of this information which has been collected and collated from other pre existing elements which may themselves contain a certain number of errors. the TRIBALHORIZON SA, while seeking to minimise these errors, nevertheless accepts no responsibility for the presence of any erroneous information on its data bank. By this contract the user renounces any claim or right to engage in litigation relative to any loss or injury caused by any such errors on the basis of contractual or criminal responsibility or on any other basis. TRIBALHORIZON SA disclaims any and all liability for the acts, omissions and conducts of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. TRIBALHORIZON SA 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
ARTICLE 7: PAYMENT
the TRIBALHORIZON SA reserves the right to suspend or cancel without prior warning the registration of the user if the online or deferred payment should cause a rejection of the payment without prejudice in this case to its right to bill the client for the costs related to such rejection.
ARTICLE 8: TRANSFER USE
the account is for the personal use of the user. the user is therefore forbidden to cede, transfer or sublicense his/her rights as a user to anyone whatsoever.
ARTICLE 9: APPLICATION DATE OF CONTRACT
this contract shall come into effect at the date it is first accepted and remain in force until the closure of the account. the TRIBALHORIZON SA reserves the right to modify and amend this contract at any moment and without notice by broadcasting the modifications on line and it is the responsibility of the client to regularly inform him/herself of the information for users that shall be made available on line for this purpose. the client continued use the site TRIBALINDEX.COM after the online broadcast of any such modifications shall be deemed to have accepted the present contract along with its changes. If the client disagrees with any modifications, he/she shall not use the site and contact the TRIBALHORIZON SA within a period of at most 30 days of their initial broadcast.
ARTICLE 10: PROTECTION OF DATA AND IMAGE
the user does not acquire any ownership rights using of the Site, its content or any Services. the user undertakes by subscribing to this service not to reproduce, store or change the reproductions of any viewed item using whatever medium and to whatever end. TRIBALINDEX.COM, its structure and its ergonomics are the property of TRIBALHORIZON SA and are protected by FribourgÆs Canton, Switzerland regulations. In the case of non respect of reproduction rights, the user will be liable to litigation initiated by the artists, beneficiaries or entities mandated to manage copyright. TRIBALHORIZON SA reserves the right to prosecute any violator of rights applying to the protection of its data and image banks. this site complies with copyright. All the copyright of protected works reproduced and communicated on this site is reserved. Except where authorised, any use of works other than for reproduction and private and individual consultation is forbidden
ARTICLE 11: LEGAL JURISDICTION
this contract is subject to the Swiss Law of the Fribourg Canton 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 State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. the client and the TRIBALHORIZON SA accept the sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of the courts of Fribourg, Switzerland, to rule on any litigation relating to the termination or cancellation of this contract.
PRIVACY POLICY
We commit ourselves to protect your privacy as well as any personal information that you enter on our website or give by any other means. We use the information to, send updated news about TRIBALINDEX.COM and inform you on available promotions at the TRIBALINDEX.COM website. the secured payment ensures secured trading and transmission of information. the storage and sharing of the information that you enter answers very strict procedures that aim at protecting you against any unauthorized access. these procedures include that we may ask you to prove your identity before we deliver confidential information. TRIBALINDEX.COM can share consolidated statistics regarding clients, exchange structures and website information to trustworthy partners. the information communicated will never contain personal information. When using our website, you allow TRIBALINDEX.COM to gather and use the information you provide. Should we decide to modify the conditions of this commitment; the changes will be reported on the current page. We want you to be aware at any time of what type of information we gather, what we do with it and under which circumstances they are shared. Please note that the information that you provide might be processed by TRIBALINDEX.COM or any of its partners outside the European Union for you to access to MY ACCOUNT from TRIBALINDEX.COM website. the information you provide will help us keep you informed of major changes of our website functions, new services and special offers serving your interests. If you do not wish to receive such information or if you want further information about our privacy policy, please send an email to through our contact page or modify your customer profile in the MY ACCOUNT palette.