Our basic service is free, and we offer paid upgrades for advanced features such as storage and creating presentations. Our service is designed to improve the study and research of art. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your account.
If you find content on Wölff that you believe violates our terms of service, please report or flag it immediately.
Please read this Agreement carefully before accessing or using the Website and App. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, App or use any services. If these terms and conditions are considered an offer by Wölff, acceptance is expressly limited to these terms. The Website and App are available only to individuals who are at least 13 years old.
A Wölff Account consists of all information associated with your account (profile text, private and public images, presentations, comments). If you create an Account on the Website or App, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wölff may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wölff liability. You must immediately notify Wölff of any unauthorized uses of your account or any other breaches of security. Wölff will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate an account, comment on an image or discussion thread, post material to the Website or App, post links, or otherwise make (or allow any third party to make) material available by means of the Website or App (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
You also give other Wölff users permission to share your public Content in their discussion groups and presentations; the metadata and appropriate credit automatically remains with the original Content, even when other users make use of it.
If you delete Content, Wölff will use reasonable efforts to remove it from the Website and App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Wölff has the right (though not the obligation) to, in Wölff's sole discretion (i) refuse or remove any content that, in Wölff's reasonable opinion, violates any Wölff policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or App to any individual or entity for any reason, in Wölff's sole discretion. Wölff will have no obligation to provide a refund of any amounts previously paid.Payment and Renewal. General Terms.
(a) Individual Subscribers. By selecting a pay account ("Upgrade") you agree to pay Wölff the annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for the annual subscription period as indicated. Upgrade fees are not refundable.
(b) Institutional Subscribers ("enterprise accounts"). Enterprise accounts are charged for users who register either on the web or on their mobile devices with the institution's designated email suffix (e.g. "@yale.edu"). Billing is pro-rated every month based strictly on volume of users. That means you will never be charged for inactive accounts. We charge only when users confirm that their institutional email accounts are fully functional. If an email address is defunct or inactive, a new user will not receive this message and will therefore be unable to register. For your additional comfort, we ask that users confirm their email address twice every year to ensure the continued validity of their affiliation. Finally, as the administrator to your institutional account, you can manage an up-to-date list of your registered members.
(c) Wölff complies with internet sales tax and therefore reserves the right to add the appropriate sales tax to subscription-related fees, when applicable. All eligible nonprofit institutions are exempt from NY State sales tax; to comply with this exemption, VRC's / administrators of institutional accounts must fill out the New York state and Local Sales and Use Tax Exemption Certificate (ST-119.1 or in certain cases ST-120) and email a copy to email@example.com within 3 months of initial subscription. Forms can be made available by calling the New York State Tax Office at 518-485-2889.
Unless you notify Wölff before the end of the applicable subscription period that you want to cancel an Upgrade or Enterprise Account, your subscription will automatically renew and you authorize us to collect the then-applicable annual subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Account Settings section of your site’s dashboard. Enterprise Accounts must be cancelled by contacting Customer Service.
Wölff has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or App, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Wölff does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website or App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website or App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wölff disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Accounts link, and that link to Accounts. Wölff does not have any control over those non-Wölff websites and webpages, and is not responsible for their contents or their use. By linking to a non-Wölff website or webpage, Wölff does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wölff disclaims any responsibility for any harm resulting from your use of non-Wölff websites and webpages.
As Wölff asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Wölff violates your copyright, you are encouraged to notify Wölff in accordance with Wölff’s Digital Millennium Copyright Act (“DMCA”) Policy. Wölff will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Wölff will terminate a visitor’s access to and use of the Website or App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wölff or others. In the case of such termination, Wölff will have no obligation to provide a refund of any amounts previously paid to Wölff.
This Agreement does not transfer from Wölff to you any Wölff or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Wölff. Wölff logo, and all other trademarks, service marks, graphics and logos used in connection with Wölff, or the Website/App are trademarks or registered trademarks of Wölff or Wölff’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website/App grants you no right or license to reproduce or otherwise use any Wölff or third-party trademarks.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Wölff within the designated notice period. Your continued use of Wölff will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. Termination. Wölff may terminate your access to all or any part of the Website/App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Wölff account (if you have one), you may simply discontinue using the Website/App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website and App are provided “as is”. Wölff and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wölff nor its suppliers and licensors, makes any warranty that the Website / App will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Wölff, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Wölff under this agreement during the twelve (12) month period prior to the cause of action. Wölff shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Wölff, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or App, including but not limited to your violation of this Agreement. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Wölff and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Wölff, or by the posting by Wölff of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website/App will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wölff may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.