FAIR WARNING ART, INC.
TERMS OF USE
Effective Date: March 15, 2026
THESE TERMS OF USE (THESE "TERMS") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AT WWW.FAIR-WARNING.COM (THE "SITE"), THE FAIR WARNING AUCTION PLATFORM MOBILE APPLICATION (THE "APPLICATION"), AND ALL RELATED SERVICES (COLLECTIVELY, THE "SERVICES") OPERATED BY FAIR WARNING ART, INC. ("FAIR WARNING," "WE," "US," OR "OUR"), A NEW YORK CORPORATION WITH ITS PRINCIPAL OFFICE AT 115 WEST 23RD STREET, 3RD FLOOR, NEW YORK, NY 10011.
BY ACCESSING OR USING THE SERVICES, YOU ("YOU" OR "USER") AGREE TO BE BOUND BY THESE TERMS, OUR CONDITIONS OF SALE, OUR PRIVACY POLICY, AND OUR COOKIE POLICY, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
YOU MAY USE THE SERVICES ONLY IF YOU ARE CAPABLE OF FORMING A BINDING CONTRACT WITH FAIR WARNING AND ARE NOT BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION.
PLEASE READ SECTION 17 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND YOUR RIGHT TO A TRIAL BY JURY.
Fair Warning operates an online auction platform for the sale of fine art, collectibles, and related items. The Services enable registered users to browse auction catalogues, place bids, monitor live and timed auctions, view lot information and condition reports, manage accounts, and perform other activities related to auctions conducted by Fair Warning.
Fair Warning acts as agent for consignors ("Sellers") in offering lots at auction. The purchase and sale of items is a transaction conducted between you, the Seller, and Fair Warning as the Seller's agent, and is governed by the Conditions of Sale.
Fair Warning currently utilizes technology and platform services provided by Auction Mobility LLC ("Auction Mobility" or the "Platform Provider") to operate certain aspects of the Services. You acknowledge and agree that:
These Terms constitute a legally binding agreement between Fair Warning and you. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms, together with the Conditions of Sale, the Privacy Policy, the Cookie Policy, represent the complete and exclusive agreement between you and Fair Warning with respect to the Services, and supersede all prior or contemporaneous agreements, proposals, or representations, whether oral or written.
Fair Warning reserves the right to modify these Terms at any time by posting the revised Terms on the Site and Application. You can determine when these Terms were last revised by referring to the "Effective Date" above. Your continued use of the Services after revised Terms have been posted constitutes your acceptance of such revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.
To access certain features of the Services, including the ability to bid at auction, you must register for an account and provide certain information, including your name, email address, identity verification information, and a password (collectively, your "Account Information"). You represent and warrant that all Account Information you provide is accurate, current, and complete, and you agree to update such information promptly as necessary.
If you provide information that is untrue, inaccurate, not current, or incomplete, or if Fair Warning has reasonable grounds to suspect the same, Fair Warning may suspend or terminate your account and refuse current or future use of the Services.
You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You must notify Fair Warning immediately at hello@fair-warning.com of any unauthorized use of your account or any other breach of security. Fair Warning will not be liable for any loss arising from the unauthorized use of your account.
6.1 Privacy Policy. Fair Warning's collection, use, and disclosure of personal information in connection with the Services is described in our Privacy Policy, available at
www.fair-warning.com/privacy (the "Privacy Policy"), dated March 2026. By using the Services, you acknowledge that you have reviewed the Privacy Policy and consent to the practices described therein, to the extent that consent is the applicable legal basis for processing.
6.2 Data Controller. Fair Warning Art, Inc. is the data controller (or "business" under applicable U.S. state privacy laws) responsible for processing your personal information in connection with the Services.
6.3 Your Rights Under Applicable Privacy Laws. Depending on your jurisdiction, you may have certain rights with respect to your personal information, including:
For details on how to exercise these rights, please refer to the Privacy Policy or contact us at hello@fair-warning.com.
6.4 International Data Transfers. The Services are operated from the United States. If you are accessing the Services from outside the United States, your personal information will be transferred to, stored, and processed in the United States. For transfers of personal data from the European Economic Area ("EEA"), the United Kingdom, or Switzerland, Fair Warning relies on Standard Contractual Clauses ("SCCs") adopted by the European Commission, together with any required supplementary measures, as the primary mechanism for such transfers, as further described in the Privacy Policy. Your use of the Services does not constitute consent to international data transfers; such transfers are governed by the SCCs and applicable law.
6.5 Cookies and Tracking Technologies. Our use of cookies and similar technologies is described in our Cookie Policy, available on the Site. By using the Services, you acknowledge the Cookie Policy and may manage your cookie preferences as described therein.
7.1 Ownership. All text, images, graphics, video, audio, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, software code, and other materials available on or through the Services (collectively, "Content") are owned, controlled, or licensed by Fair Warning and are protected by copyright, trademark, patent, trade dress, and other intellectual property and unfair competition laws. Fair Warning reserves all rights not expressly granted under these Terms.
7.2 Limited License. Fair Warning grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content strictly in accordance with these Terms. This license does not permit you to: (a) use the Services on any device you do not own or control; (b) copy, reproduce, republish, post, publicly display, translate, or distribute any Content, except as specifically authorized by the features of the Services; (c) reverse engineer, decompile, or disassemble the Application or any portion of the Services; or (d) use the Content for any commercial purpose without Fair Warning's prior written consent. No license is granted by implication or estoppel.
7.3 DMCA Notice-and-Takedown Procedure. Fair Warning respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, Fair Warning will respond promptly to claims of copyright infringement committed using the Services.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please provide our designated copyright agent with the following information:
DMCA Agent: General Counsel, Fair Warning Art, Inc., 456 W 19th St, New York, NY 10011. Email: hello@fair-warning.com.
Fair Warning may remove or disable access to material claimed to be infringing and may terminate the accounts of repeat infringers in appropriate circumstances.
You may have the opportunity to submit, post, or transmit content through the Services, including reviews, comments, images, and other materials ("User Content"). You retain ownership of your User Content, but by submitting User Content, you grant Fair Warning a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and create derivative works from your User Content in connection with operating and promoting the Services.
You represent and warrant that: (a) you own or have the necessary rights to submit User Content and to grant the license above; (b) your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; and (c) your User Content does not contain any unlawful, defamatory, obscene, or otherwise objectionable material.
Fair Warning may, but is not obligated to, monitor, edit, or remove User Content at its sole discretion.
You agree not to use the Services for any illegal, unlawful, or unauthorized purpose. Without limiting the foregoing, you may not:
The Services may contain links to third-party websites, applications, or services ("Linked Services") that are not owned or controlled by Fair Warning. Such Linked Services are provided solely for your convenience. Fair Warning does not endorse, and is not responsible for, the content, products, privacy practices, or any other aspect of any Linked Service. You access Linked Services at your own risk and should review applicable terms and policies, including privacy and data practices, before interacting with any Linked Service.
Certain transactions or services available through the Services may involve third-party payment processors, identity verification providers, or other service providers. Fair Warning is not responsible for the acts or omissions of any such third party.
You represent and warrant that: (a) all information you provide, including Account Information, is accurate and truthful; (b) you have the authority to share your Account Information and to grant the rights described in these Terms; (c) your use of the Services complies with all applicable laws, regulations, and any other contractual obligations to which you are bound; and (d) you will not use the Services for any purpose prohibited by these Terms or applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE, THE APPLICATION, AND ALL CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." FAIR WARNING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, AND COMPLETENESS, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
FAIR WARNING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND UNINSTALL THE APPLICATION.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some or all of the above disclaimers may not apply to you. In such jurisdictions, Fair Warning's warranties are limited to the fullest extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIR WARNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FAIR WARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE AND CUMULATIVE LIABILITY OF FAIR WARNING TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some or all of the above limitations may not apply to you. In such jurisdictions, Fair Warning's liability is limited to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits Fair Warning's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless Fair Warning and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use or misuse of the Services; (c) your User Content; (d) your violation of applicable laws, rules, or regulations; (e) any infringement by you of the intellectual property or other rights of any third party; or (f) any information or content you provide through the Services.
Fair Warning reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Fair Warning in the defense of such claims.
By using the Services, you agree that Fair Warning may communicate with you electronically regarding administrative, security, and other matters relating to your use of the Services. You agree that any notices, agreements, disclosures, or other communications that Fair Warning sends to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
These Terms remain in effect for as long as you access or use the Services. Fair Warning may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice, in its sole discretion. Upon termination, your right to use the Services ceases immediately.
The following sections shall survive any termination or expiration of these Terms: Sections 7 (Intellectual Property), 8 (User Content), 11 (Your Warranties), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 17 (Dispute Resolution), and 24 (Miscellaneous).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
17.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.
17.2 Informal Resolution. Fair Warning hopes to resolve any disputes amicably. Before initiating any formal dispute resolution proceedings, you agree to first contact Fair Warning at hello@fair-warning.com to attempt to resolve the dispute informally. Fair Warning and you agree to negotiate in good faith for a period of at least thirty (30) days before either party may initiate formal proceedings.
17.3 Mediation. If a dispute cannot be resolved informally, you and Fair Warning agree to submit the dispute to mediation administered by JAMS in New York City before commencing arbitration. The costs of mediation shall be shared equally between the parties, except as otherwise required by applicable law.
17.4 Binding Arbitration. If the dispute is not resolved through mediation, you and Fair Warning agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by final and binding arbitration administered by JAMS in New York City pursuant to its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.5 Class Action Waiver. YOU AND FAIR WARNING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
17.6 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FAIR WARNING EACH WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
17.7 Allocation of Costs. The prevailing party, as determined by the arbitrator, shall be entitled to recover its reasonable costs of the dispute, including reasonable attorneys' fees, plus interest at the rate authorized by New York law.
17.8 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
17.9 EU Alternative Dispute Resolution. If you are a consumer located in the European Union, you may have the right to access alternative dispute resolution procedures. Please note that the European Commission's Online Dispute Resolution (ODR) platform was discontinued effective July 20, 2025, and is no longer available. For complaints, you may contact us directly at hello@fair-warning.com, and we will endeavor to resolve your concern. Nothing in this section limits your right to bring proceedings before the competent courts of your EU Member State of residence, as required by applicable EU consumer protection law.
Fair Warning is committed to ensuring that the Services are accessible to individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and to comply with applicable accessibility requirements, including the Americans with Disabilities Act (ADA) and, where applicable, the European Accessibility Act (EAA), which took effect on June 28, 2025.
If you experience difficulty accessing any part of the Services, or if you have suggestions regarding how we can improve accessibility, please contact us at hello@fair-warning.com. We welcome your feedback and will make reasonable efforts to address accessibility concerns promptly.
The Services are not directed to, and Fair Warning does not knowingly collect personal information from, children under the age of 13 (or such higher age as may be required under applicable law). If you are under 13 years of age, you may not create an account, use the Services, or provide any personal information to Fair Warning. If we learn that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to delete that information promptly. If you believe that a child under 13 may have provided personal information to us, please contact us at hello@fair-warning.com.
In compliance with the Children's Online Privacy Protection Act ("COPPA"), Fair Warning does not knowingly solicit or collect personal information online from children under 13.
Fair Warning may use artificial intelligence, machine learning, and other automated processing technologies in connection with the Services, including but not limited to:
Such automated processing may involve profiling (as defined under GDPR Article 4(4)) but will not be used to make decisions that produce legal effects or similarly significant effects on you solely through automated means, unless you are informed and provided with the right to obtain human intervention, as required by applicable law (including GDPR Article 22 and the EU AI Act).
For further details on our use of AI and automated processing, including your rights with respect to automated decision-making, please refer to the Privacy Policy.
The Services are operated from the United States and are intended for users worldwide. Fair Warning makes no representation that the Services are appropriate or available for use in any particular jurisdiction. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
For users in the European Economic Area, the United Kingdom, and Switzerland, nothing in these Terms shall limit any mandatory consumer protection rights available to you under the laws of your jurisdiction of residence. Where these Terms conflict with mandatory provisions of your local consumer protection law, such mandatory provisions shall prevail.
International data transfers are addressed in Section 6.4 above and in the Privacy Policy.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List. You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Services.
Fair Warning reserves the right, at any time and without notice, to: (a) modify, suspend, or discontinue the Services or any portion thereof; (b) interrupt the operation of the Services as necessary to perform routine or non-routine maintenance, error correction, or other updates; and (c) impose limits on certain features or restrict access to portions of the Services. Fair Warning shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
24.1 Entire Agreement. These Terms, together with the Conditions of Sale, the Privacy Policy, the Cookie Policy, constitute the entire agreement between you and Fair Warning with respect to the Services.
24.2 Severability. If any provision of these Terms is held to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be deemed severed from these Terms. The remaining provisions shall continue in full force and effect.
24.3 No Waiver. No failure or delay by Fair Warning in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach.
24.4 Assignment. You may not assign any of your rights or obligations under these Terms without Fair Warning's prior written consent. Fair Warning may assign its rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
24.5 No Agency. Nothing in these Terms creates any joint venture, partnership, employment, or agency relationship between you and Fair Warning.
24.6 Interpretation. These Terms are intended to be interpreted in the English language. Any translation is made for the convenience of the parties only, and in the event of a conflict, the English version shall control.
24.7 Notices. All notices to Fair Warning must be sent in writing to: Fair Warning Art, Inc., 456 W 19th St, New York, NY 10011, or by email to hello@fair-warning.com. Notices to you will be sent to the email address associated with your account. All notices shall be deemed given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email.
24.8 Force Majeure. Fair Warning shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond Fair Warning's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, cyberattacks, government actions, internet or telecommunications failures, power outages, or labor disputes.
24.9 Compliance with Law. Fair Warning's performance under these Terms is subject to applicable laws and legal process. Nothing in these Terms limits Fair Warning's right or obligation to comply with governmental, court, or law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Fair Warning.
24.10 Printed Version. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form.
If you have any questions about these Terms, please contact us:
Fair Warning Art, Inc.
456 W 19th St
New York, NY 10011
United States
Email: hello@fair-warning.com
Website: www.fair-warning.com
© 2026 Fair Warning Art, Inc. All rights reserved.