DORA MAAR

TERMS OF SERVICE

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER BELOW CAREFULLY.

Welcome to the website (“the Site”) of Dora Maar, Inc. ("Dora Maar"). The terms of service ("TOS") outlined herein constitute an agreement between Dora Maar ("we", "us", "our") and you, the visitor, made by accessing the contents and functionalities, including purchase of goods and the use of the Service (defined below), available through Dora Maar’s website and any affiliated domain names, micro sites, webpages, social media platforms, or other functionalities.

 The TOS constitute the whole legal agreement between you and Dora Maar and govern your use of the Service. The TOS completely replace any prior agreements between you and Dora Maar in relation to the Service. You agree that the TOS also incorporate Dora Maar's Privacy Policy. Additional terms ("Additional Terms") may apply as outlined on the Site. These include, but are not limited to, additional terms laid out in our Consignment Terms, Return Policies, Authenticity Guarantee, Cancellation Policies, and Shipping Policies.

 By visiting the Site and/or using the Service, you agree to all of the provisions of the TOS as outlined herein, the Additional Terms, and the Privacy Policy. We reserve the right to change the TOS, the Additional Terms, and the Privacy Policy at any time. Your continued use of the Site signifies your continued acceptance of these agreements as modified. If you do not agree to the TOS, Additional Terms, and Privacy Policy, you must stop using the Service and Site, including deleting any account you have created (as described below). You understand that you are solely responsible for (and that Dora Maar has no responsibility to you or to any third party for) any breach of your obligations under the TOS and the Additional Terms and for the consequences (including any loss or damage that Dora Maar may suffer) of any such breach.

 

DESCRIPTION OF SERVICES

 On the Site, Dora Maar provides users with access to sales of luxury resale items and related services ("the Service").

 

LIMITED LICENSE

Dora Maar grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Dora Maar’s sole discretion) an unreasonable or disproportionately large load on Dora Maar’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Dora Maar to prevent or restrict access to the Site or Service.

 

THE SITE & SITE ACCESS

 You are not permitted to access the Service or Site if you are under the age of 18 or if you do not meet the foregoing terms of eligibility. Any unauthorized use by you shall terminate the permission or license granted to you by Dora Maar. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

 You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

 Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Dora Maar expressly disclaims any duty to update or revise the materials on the Site, although Dora Maar may modify the materials at any time without notice. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Site.

 You agree that you will be personally responsible for obtaining access to the Site, including but not limited to all of your communication and activity on this Site. Site access may involve third-party fees (such as Internet service provider or airtime charges) for which you are solely responsible. In addition, you must provide and are responsible for all equipment necessary to access the Site.

 

ELIGIBILITY TO PURCHASE

The purchase of merchandise with Dora Maar is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York. The purchase of merchandise is available only to individuals and others who have been issued a valid credit/debit card by a bank acceptable to Dora Maar and who have authorized Dora Maar to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Dora Maar reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

In order to make a purchase on Dora Maar, you will be required to provide personal information, including your real name, phone number, email address, physical address, and other requested information as indicated. You will also be required to provide payment details and billing information that you warrant are valid and correct, including that you are the person referred to in the billing information provided.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Dora Maar feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

 

REGISTRATION & YOUR ACCOUNT

To use the Service on the Site, you may be required to create a user account (“Account”). You may not have more than one active Account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Dora Maar Account to another party. By creating an Account, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.

By creating an Account and using the Site, you are also agreeing to provide accurate, current, and true information. If we suspect, for any reason, that this information is untrue or inaccurate, we reserve the right to terminate your Account for use of the Service and the Site. Dora Maar reserves the right to refuse service, terminate Accounts, or remove or edit content in its sole discretion for any reason or no reason.

In using the Service and the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept all activity on your Account.

 

COMMENTS & OTHER CONTENT

By posting on the Site, you agree to be solely responsible for the content of all information you contribute. You also grant to Dora Maar a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated, but Dora Maar does not commit to checking all content and will not be liable for third-party posts. If you have a complaint about any posts please mail comments@doramaar.com.

Dora Maar reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses. The Site is available to the public, so information you consider confidential should not be posted to the Site.

 

ORDERS & ORDER ACCEPTANCE

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

The receiving of an email notification from us, called an order confirmation, is not an acceptance of your order. Acceptance of your order will be perfected upon the shipping of your package. Completion and acceptance of your order will come in the form of an email from us stating a tracking number and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Dora Maar.

We reserve the right, for any reason, to not accept your order. Such reasons include, without limitation, shipping restrictions or other related issues that apply to a particular item, lack of authorization for payment, lack of meeting the eligibility criteria set out within these TOS, and absence of item availability and quality, including for example, that the item is out of stock, no longer available, or does not meet quality control or authenticity standards. Occasionally, high demand causes us to run out of certain items. If we do not have an item that you ordered in stock, we will notify you by email as soon as possible.

We will not be liable to you or any third party for withdrawing any merchandise from the Site (regardless of whether that merchandise has been sold), removing, screening, or editing any materials or content on the Site, refusing to process a transaction, or unwinding or suspending any transaction after processing has begun.

We make every effort to ensure that all details on the Site and our social media platforms are accurate, however, from time to time, we may encounter an error in the pricing, description, or quality of our products. If we discover a discrepancy, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price or quality and reserve the right to cancel such an order that has been accepted or is in transit. If your order is rescinded for any reason, we will email or telephone you to inform you that the order was not accepted or rescinded. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

 

DELIVERY

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you. The goods are your responsibility from the time we deliver them to the address you gave us.

We suggest checking “signature required” in the checkout page, however, you can waive this feature. If you decide to forgo a signature, you agree that Dora Maar or a delivery or messenger service can leave your package at the address you gave us without obtaining a signature for proof of delivery. By so authorizing, you release and indemnify Dora Maar from liability for any loss or damage as a result of leaving the package at your shipping address without obtaining a signature.

We aim to dispatch all orders as soon as possible. Delivery times are used as estimates and are not guaranteed. If delivery is delayed by any event outside of our control, we will contact you as soon as possible. We are not liable for delays caused by such an event.

 

FORCE MAJEURE

Dora Maar shall be excused from performance under these TOS to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Dora Maar. In the event that Dora Maar is temporarily unable to ship to you a purchased item because of such an event, Dora Maar will give you the option of deferring shipment or receiving a refund of your charges.

 

PAYMENT

Payment can be made using Mastercard, American Express, Visa, and other form of payment which will be clearly advertised on the Site from time to time. You can also choose to pay with Paypal.  Once the transaction is complete, your payment will be debited and cleared from your account. You confirm that the credit/debit card being used is yours and has been authorized by the owner for use. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If your credit card issuer refuses to authorize payment, we are not liable for any non-delivery or delay. In the meantime, if an item runs out of stock, or we discover it does not meet our quality or authenticity standards, we will notify you by email immediately and refund your credit/debit card the full amount.

We take reasonable care to make our Site secure. All credit/debit card transactions are processed through XYZ that encrypts your card details in a secure host environment. If you are a registered Dora Maar user, we will securely store your credit/debit card details in our system. These details will be fully encrypted and only used to process card transactions that you have initiated. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part you agree that we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the United States, local sales tax will be charged on all orders where applicable.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from countries outside the United States may incur relevant import duty and tax. Import duty or tax costs may be included in the purchase price, or they may be invoiced to you directly from an import broker or courier.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

PROMOTIONS

Promotion codes are non-transferable. They cannot be used in conjunction with any other promotion code or offers and must be redeemed by the date published, if provided.

 

AUTHENTICATION & BRANDS

You acknowledge and agree that Dora Maar’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the Site. Brands sold on the Site are not partnered or affiliated with Dora Maar in any manner. Dora Maar fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.

The personal opinions of the designers and labels whose products we sell, individuals who consign with us or use our Service, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Dora Maar. We accept no responsibility for any such views expressed in any media.

 

DISCLAIMER OF WARRANTY

YOUR USE OF DORA MAAR’S SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, CONDITIONS OF COMPLETENESS, OR ANY OTHER IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WHILE DORA MAAR WILL USE REASONABLE ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE SITE OR USES IN CONNECTION WITH ITS SERVICES, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ITS ACCURACY. DORA MAAR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL DORA MAAR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.

PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

 

LIMITATION OF LIABILITY

You expressly understand and agree that, except for death and personal injury arising from our gross negligence, Dora Maar and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable in contract, tort, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this agreement, for any direct, indirect, incidental, special, consequential, or exemplary damages including without limitation damages for loss of profits, revenues, contracts, business, anticipated savings, goodwill, use, reputation, data, or other intangible losses (even if Dora Maar has been advised of the possibility of such damages), whether or not such losses were incurred by you or another party arising out of or in connection with the use of the Site, the Service, or any related content or services.

 

INDEMNITY

You will indemnify and hold harmless Dora Maar from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Dora Maar and such parties, and shall defend Dora Maar and such parties against any and all claims arising out of (1) your breach of the TOS; (2) fraud you commit, or your intentional misconduct or negligence; or (3) your violation of any applicable US. or foreign law or the rights of a third party. Dora Maar will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Dora Maar. You expressly consent to jurisdiction of a federal or state court located in the County of New York, Borough of Manhattan with respect to any matter arising under this section. These TOS, or the breach thereof, and all claims of any kind relating to or arising out of these TOS and the relationship between you and Dora Maar, whether tort, contract, or statutory, shall be governed by the laws of New York, without regard to its conflicts of laws principles.

 

INFORMAL DISPUTE RESOLUTION

Except for any controversy or claim relating to or arising from your indemnity obligations set forth above, you and Dora Maar agree that, with respect to any matters, disputes, or claims between you and Dora Maar arising from or related to this Agreement or your relationship with Dora Maar, you and Dora Maar shall negotiate in good faith to informally resolve the problem or dispute. If the problem or dispute is not resolved satisfactorily within 60 days after you or Dora Maar receives notice from the other party about the claim, you or Dora Maar can submit the dispute to binding arbitration in accordance with the arbitration provisions below, or you may assert claims in small claims court if your claims qualify. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights in the event that informal resolution is not reached as described above.

 

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

Any dispute or claim relating in any way to your use of the Service, the Site, or to any products or services sold or distributed by Dora Maar that remain unresolved by Informal Dispute Resolution as described above will be resolved by binding arbitration, rather than in court. This agreement to arbitrate does not apply to claims filed on an individual basis in small claims court properly within that court’s jurisdiction and proceeding on an individual (non-class) basis. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights in the event that informal resolution is not reached as described above.

The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and all provisions of this Agreement, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be in the Borough of Manhattan, New York, New York. The arbitration shall be governed by the laws of the State of New York. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

You and Dora Maar shall submit all available documents that support all claims, counterclaims, or defenses at the time of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator(s)’s approval. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.

The arbitration may be held by telephone or by written submissions if you and Dora Maar so elect. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrator shall issue a written award. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. After an arbitration is commenced, if the initiating party (the "Claimant") makes a written offer of settlement that is rejected by the other party ("Respondent"), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration up to $25,000. After an arbitration is commenced, if Respondent makes a written offer of settlement that is rejected by Claimant, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), then Respondent shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to $25,000.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

You and Dora Maar expressly agree that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Dora Maar. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If part of this provision is unenforceable, the remainder remains in effect.

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Dora Maar Software and all HTML and other code contained in this Site, shall remain at all times vested in Dora Maar and/or are the property of their respective owners. All such Content, including third-party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Dora Maar and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Dora Maar does not warrant or represent that Dora Maar’s Site or Content is accurate, error-free, or reliable or that your use of Dora Maar’s Content will not infringe rights of third parties. Dora Maar and its suppliers make no warranties about Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy, or usefulness of any Content found on this Site. Dora Maar reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Dora Maar is not liable to you or any third party for any such withdrawal.

 

EXTERNAL LINKS

The Site, the Service, or third parties may provide links to other websites or resources. Because Dora Maar has no control over such sites and resources, you acknowledge and agree that Dora Maar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Dora Maar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT (Digital Millennium Copyright Act)

Dora Maar respects the intellectual property of others, and we ask our users to do the same. Dora Maar may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Dora Maar’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  1. a description of where the material that you claim is infringing is located on the Site;
  1. your address, telephone number, and email address;
  1. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  1. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Dora Maar’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o Dora Maar

1 King Street, Apt. 8

New York, NY 10012

 

By email: info@doramaar.com

 Dora Maar may update these addresses from time to time.

 

INDEPENDENT RELATIONSHIP

You and Dora Maar are independent contractors, and these TOS and Additional Terms, including without limitation the submission or distribution of any Content created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise, or agency between the you and Dora Maar. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.

 

GOVERNING LAW

You expressly consent that the TOS, and your relationship with Dora Maar under the TOS, shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. In the event that a dispute must be resolved outside of arbitration, you and Dora Maar expressly agree to submit to the exclusive jurisdiction of the State and Federal courts in New York, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

 

MODIFICATIONS TO SERVICES

Dora Maar is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service that Dora Maar provides may change from time to time without prior notice to you. You further acknowledge and agree that Dora Maar may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Dora Maar’s sole discretion, without prior notice to you.

 

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provision of this TOS, or any general legal principles to the contrary, any provision of these TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TOS.

 

RIGHTS NOT WAIVED

You agree that if Dora Maar does not exercise or enforce any legal right or remedy which is contained in the TOS (or which Dora Maar has the benefit of under any applicable law), this will not be taken to be a formal waiver Dora Maar's rights and that those rights or remedies will still be available to Dora Maar.

 

SEVERABILITY

If any court of law having the jurisdiction to decide on this matter rules that any provision of these TOS is invalid, void, or unenforceable, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

 

HEADINGS

Headings are for reference purposes only and do not limit the scope or extent of such section.

 

VIOLATION OF TOS

Please report any violations of the TOS by emailing contact@doramaar.com.

 

HOW TO CONTACT US

If you have any questions or comments about these TOS or this Site, please contact us by email at contact@doramaar.com.

 

You also may write to us at:

Dora Maar

Attn: Legal Department

1 King Street, Apt. 8

New York, NY 10012