Terms and Conditions
1) Informational Purposes Only
The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Approximately Blue is not responsible for any errors or omissions in the Site or Site Materials.
2) Proprietary Rights
As between you and Approximately Blue, Approximately Blue owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Approximately Blue’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational, or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image, or text.
3) Unauthorized Activities
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export, and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Approximately Blue; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses, or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Approximately Blue’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
4) Materials Submitted to the Site
The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to Approximately Blue, you grant Approximately Blue a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
5) Payments to the Site
By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Approximately Blue may use the services of third parties.
6) Third Party Web Sites and Content
As set forth in Section 4 and Section 5, parties other than Approximately Blue may provide products, services, or content on the Site. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Approximately Blue does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Approximately Blue does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
Approximately Blue, its divisions, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. Approximately Blue reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Approximately Blue cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site, or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials, and materials on, in, and made available through the Site, and the services, products, information, and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. Approximately Blue and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information, and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Approximately Blue and its affiliates, divisions or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information, and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or Approximately Blue had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Approximately Blue and its affiliates, divisions, or its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials, or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Approximately Blue and its affiliates, divisions or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Approximately Blue has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify Approximately Blue and its members, managers, directors, officers, employees, agents, contractors, and licensors (“Approximately Blue Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information, and other materials on, in, and made available through the Site, (except to the extent attributable to Approximately Blue), or any breach by you of these Terms and shall indemnify and hold Approximately Blue Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
11) Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Approximately Blue at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
12) Changes to these Terms
Approximately Blue reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Approximately Blue reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Approximately Blue with untrue or inaccurate information about yourself, for infringement upon Approximately Blue proprietary rights, or for any other reason whatsoever or for no reason.
13) Governing Law and Jurisdiction
These Terms represent the entire agreement between you and Approximately Blue with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, Approximately Blue makes no representation that the Site, Site Materials, User Materials, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Approximately Blue to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
These Terms and Conditions were last updated on December 31, 2023.
Approximately Blue LLC and its affiliated entities (“Approximately Blue”, “the Group”, “we”, “us” or “our”) respects your privacy and seeks to protect your personal data. We are committed to processing your information in line with high standards.
Approximately Blue’s Data Principles
We keep to a minimum the amount of information we hold about you.
We use your data to respond to your enquiries and provide you with information that we believe you would like to receive about the Group, our artists, available artworks and our events (the lawful basis for this is “legitimate interest”).
We also use your data to complete transactions with you on our website and also via our showrooms and other affiliated businesses (the lawful basis for this is “contract”).
We also use your data to communicate with you where you have signed up and opted in to receive information from us (the lawful basis for this is “consent”).
We only hold your data for as long as necessary.
We apply appropriate security mechanisms to protect your personal data.
Our legitimate business interests are balanced with your interests, rights and freedoms, and your consent.
Approximately Blue is committed to facilitating the accessibility and usability of its web content for all individuals. If you have any questions or concerns about the accessibility of any part of this website, please contact us at email@example.com. If you do experience accessibility issues with respect to this website, please specify the issue and relevant URL in your email for our reference.