These Terms and Conditions of Use (the “Terms of Use”) tell you the rules that govern the use of information, content, and images - including but not limited to text, photographs, works of art and other materials contained in or related to the Richard Eurich Online Catalogue Raisonné as accessible at richardeurich.co.uk (the “Site”).
The Site is operated by Richard Eurich Paintings Ltd, a company registered in England and Wales under company number 02702338, with a registered address of The Old School House Claypits Lane, Dibden, Southampton, Hampshire, United Kingdom, SO45 5TN (“we”, “us” or “ours”). You can contact us at paintings@richardeurich.co.uk.
You agree that by accepting the Terms of Use, any information you provide to us while accessing the Site will be true, accurate, current and complete and will not be misleading.
If you do not agree to these Terms of Use, you must not use the Site. We reserve the right to restrict, deny or revoke access to the Site at our sole discretion at any time for any reason.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
Including the following additional terms:
CHANGES TO THE TERMS OF USE
We may amend these Terms of Use from time to time. You are bound by any such revisions and should therefore periodically visit this page to review the updated Terms of Use. These Terms of Use were most recently updated in May 2022.
CHANGES TO THE SITE
We may update and change the Site from time to time. We will try to give you reasonable notice of any major changes.
SUSPENSION OR WITHDRAWAL OF THE SITE
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
TRANSFER OF THIS AGREEMENT TO A THIRD PARTY
We may transfer our rights and obligations under these Terms of Use to another individual or organisation. We will try to provide notice on the Site if this happens and we will make reasonable endeavours to procure that the transfer will not affect your rights under these Terms of Use.
ACCOUNT SECURITY
If you choose, or you are provided with, a user identification code or name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at paintings@richardeurich.co.uk.
The Site and all its contents are owned by Richard Eurich Paintings Limited or its licensors, unless otherwise stipulated on the Site. The copyright and all other intellectual property rights in its contents are the sole and exclusive property of Richard Eurich Paintings Limited or its licensors.
Whilst we have made efforts to obtain the consent of copyright holders where necessary, if you are a copyright owner and believe something has been published without proper authority, please contact us at paintings@richardeurich.co.uk..
Use of the Site does not grant you ownership or a license to use any content on the Site or any data, computer code, or software used by the Site. The content on the Site is made available only for non-commercial, educational, and personal use. You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
You agree not to modify copies of any content from the Site (in any format), and you must not use any illustrations, photographs or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
If you print off, copy, download, share, or repost any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the content that you have made.
TEXT, DATA MINING AND/OR WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause should be treated as an express reservation of our rights, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
RELIANCE ON CONTENT ON THE SITE
All content on the Site, including that set out in the Catalogue Raisonné, is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action regarding reliance on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Site or its contents are accurate, complete or up to date.
CATALOGUE RAISONNÉ STATEMENTS OF OPINIONS AND AUTHORSHIP DISCLAIMER
RELIANCE ON THE SITE OR ANY OF ITS CONTENTS SHALL BE AT YOUR SOLE RISK.
YOU AGREE NOT TO USE ANY ARTWORK AND/OR CONTENT PUBLISHED ON THE SITE AS A CERTIFICATION OF AUTHENTICITY, VALUE, TITLE, OR PROVENANCE.
Richard Eurich, an interim catalogue raisonné (2013) is the main source for the works listed in the Catalogue Raisonné. The author of that source is Christine Clearkin.
Any descriptions, photographs, opinions, statements, interpretations or conclusions made on the Site in any form in relation to any of the works of art created by the artist Richard Eurich (“Artwork”) shall not in any way constitute an opinion, warranty or representation that a particular Artwork, or work of art resembling an Artwork is: (1) authentic or inauthentic, or (2) of a certain provenance or title, or (3) of a certain value. Nothing on the Site shall in any way constitute a guarantee of authorship, provenance, title, or value of any Artwork or other work of art.
The Site and its contents are provided “as is”. Information provided in respect of any Artwork is not a representation of fact but rather a statement of opinion held by us.
Research and editing of the Site and its contents are ongoing, and we specifically disclaim any liability to any person or entity for: statements, errors, or inaccuracies of any kind, quality, negligence, misinformation, or omissions related to the Site and its contents, the Artwork, or any other works of art.
LINKING TO THIRD PARTY WEBSITES
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
LIMITATION ON LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it to the fullest extent permitted by law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
In particular, we will not be liable for:
Limitation on Liability – Viruses
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Indemnification
You agree to defend, indemnify and hold harmless Richard Eurich Paintings Limited, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitors’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site's content and other than as expressly authorised in these Terms of Use or your use of any information obtained from the Site.
Waiver and Severability
No waiver of/by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Richard Eurich Paintings Limited as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.
Jurisdiction
These Terms of Use, their subject matter and formation (and any non-contractual disputes or claims), are governed by English law, without regard to principles of conflicts of law. We both agree to the exclusive jurisdiction of the courts of England and Wales. In the event of a conflict between the laws, rules, and regulations of England and Wales and any foreign laws, rules, and regulations, the laws, rules and regulations of England and Wales will govern.
Richard Eurich Paintings Limited is based in the United Kingdom and makes no representation or warranty that the Site or the Content are appropriate for use outside of the United Kingdom. Access or use of the Site or the Content from outside of the United Kingdoms is at your own risk. You agree that your use of the Site and the Content outside of the United Kingdom will, at all times, be in compliance with all applicable national, state, and local laws, rules, and regulations of the jurisdiction in which you access the Site and the Content. If any term of this Agreement is deemed to be invalid – whether in whole or in part – the remaining terms shall still be deemed valid.