1. In generating each and every certificate of authenticity, FAL relies, and is entitled to rely, solely on the information submitted to it by the submitting Member and is under no obligation to make any inquiries about the work, its existence or title in the work, including, without limitation, as to the authenticity, genuineness, existence, or attribution of the work.
2. In the event that FAL does make any inquiries, it does so solely for its own purposes and in this regard it is entitled to rely on any third party publication, report, catalog, advice or opinion. Nevertheless, none of FAL, its affiliates nor their respective representatives makes or gives any representation, warranty, guarantee, covenant or other undertaking (express, implied or otherwise), nor do they assume any liability or responsibility, whatsoever or howsoever arising, and you hereby release each of them from any such liability or responsibility, whatsoever or howsoever arising from, for, or in relation to the content, completeness, accuracy, manner or preparation of any general trade or third party information, catalogs, publications, advice, opinions or other documents, third party certifications or reports as to authenticity, value or title or otherwise in whatsoever format, howsoever produced and whether or not procured, forwarded, used or collated by FAL, any and all liability for any and all claims relating thereto or of infringement of any intellectual property or other rights of any person arising, or relating thereto.
3. Nevertheless, on no basis, and in no circumstances, and whether or not FAL is left as the named issuer on the certificate of authenticity, shall FAL, any of its affiliates or their respective representatives be liable or otherwise responsible, and each of FAL, its affiliates and their respective representatives hereby disclaims, and you hereby release each of them from any and all liability or responsibility of whatsoever nature (whether statutory or otherwise) howsoever for, or arising from each and every certificate of authenticity and/or any of the data, images, content or other information set forth in each and every certificate of authenticity, including, without limitation, any claim, allegation or determination that a work of art is not what it purports to be or does not conform, in any way, to its description, that it is not a work by the named artist, that the dimensions, medium, date of execution or other details of the work are incorrect, inaccurate or incomplete, that the work is not the original artifact or the number in the limited edition it purports to be, that the work does not exist, whether in its professed form or otherwise, or is that it is not owned by, or in the possession or control of any person stated in the certificate of authenticity, is subject to the interests of any person and/or that any data, images, content or other information infringes the rights, including, without limitation, intellectual property rights, of any person.
4. Neither FAL, its affiliates nor any of their respective representatives, whether through any certificate of authenticity, or otherwise, provides any guarantee, representation, warranty or other undertaking, whether express, implied or otherwise (and all such representations and warranties are hereby expressly excluded and disclaimed in all respects and for all purposes), that the work of art, or title, or any other item of information set forth in this certificate of authenticity is authentic, is what it purports to be, is owned by, or in the possession of the named platform registered title holder, that the provenance is correct or complete, or that the certificate of authenticity is otherwise complete, accurate, true or correct, that the work is any particular condition or valued in any particular amount and/or that the work, or any data, images or other information does not infringe the rights of any person, including, without limitation, intellectual property rights.
5. FAL is a technology platform which generates the certificates of authenticity for its Members use as an authenticated and timed record of the information submitted to it, premised on the information provided to FAL by its members, and not as to the accuracy, completeness, truth or correctness of the information itself as stated in the certificate of authenticity.
6. Neither FAL, its affiliates nor any of their respective representatives is an ‘art dealer’ or an ‘art merchant’, nor is it, nor does it profess, or hold itself out to be an expert or as having knowledge or skill peculiar in, or otherwise in relation to the authenticity, genuineness, attribution of, or title in, or as to any other information or in any other way relating to the works submitted to its platform or represented in any certificate of authenticity, and you agree that in submitting any work or receiving (whether as the submitting member, buyer or potential buyer of the work or any other person) any certificate of authenticity you are not, and will not be relying on the certificate of authenticity as any guarantee, representation, warranty or undertaking by FAL, its affiliates or any of their respective representatives as to the accuracy, completeness, truth or correctness of the information contained in it.
Please see our further Terms which apply to your use of FAL.