I. Company Information
II. Terms and Conditions of Use
1. Use of materials on the WebSite
2. Users Submissions
3. Privacy Statement
4. Note to children
5. Note to parents
7. Trademark Notice
8. Copyright Notice
9. Links & Linking
11. Limitation of Liability
12. General Provisions
13. Applicable Law & Jurisdiction
I. Company Information
Welcome to the internet website designed and published by artdreesor (hereinafter referred to as "ARTD") an art entrepreneur located in SWITZERLAND.
- Dominik Drees – Artist, Founder, Director of Marketing & Sales
- Damien Markulin – Visual Director
Webservices-Hosting: Maintaining and Hosting of our Website artdreesor.com and collections.artdreesor.com is shared between our Company in Switzerland, and FolioLink™ as a service of ISProductions Virginia USA.
II. TERMS AND CONDITIONS OF USE
Use of the Web Sites artdreesor.com and collections.artdreesor.com is subject to the following terms and conditions ("Terms"). ARTD may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Sites. Consequently, by using the Web Sites, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorised to continue consultation and access of the Web Site.
1. Use of Materials on this Web Site – ARTD has created these Web Sites to provide information about its artistic process and works, as well as general guidelines for buyers & collectors. Users may download one computer copy or print one copy of the material on this Web Site for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright ©, trademarkTM are preserved in tact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything they see or read on the Web Sites (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("ARTD Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any ARTD Material in any way for any public or commercial purposes. Furthermore, ARTD Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users' permission to use ARTD Material will automatically terminate and any copies made of ARTD Material must be immediately destroyed. Any unauthorised use of ARTD Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. Users' Submissions – Any unsolicited communication or material Users transmit to ARTD via the Web Sites, by electronic mail or otherwise, excluding Personal Information about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by ARTD. By sending communications to ARTD, Users automatically grant ARTD a worldwide, royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by ARTD and its affiliated partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing services and products using such information.
Furthermore, ARTD is creating a worldwide reputation for the artistic creation and manufacture of its high quality modular artworks (dreesor). To this end, it possesses its own sources of creativity who conceive and perfect ARTD's artistic creations. As a result, ARTD cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that ARTD may already be working on similar concepts and ideas. Consequently, Users are advised that ARTD is not interested in receiving ideas or other proposals they may wish to submit.
4. Note to children – Children under the age of 18 should not send any information about themselves or their friends and should not register for any of the ARTD on-line services nor should they make purchasing requests or/and to receive further information from ARTD by clicking consent or request buttons on the Web Sites. Should we discover or be informed that a child has registered his/her or another child's personal details, we will delete such information from our records.
5. Note to parents – ARTD will not intentionally collect personally identifiable information from children under the age of 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services, wish to cancel your child's registration and have all details deleted, please contact us by e-mail: contact(at)artdreesor.com .
Any personally identifiable information such as your name, address, contact numbers and preferences etc. (hereinafter referred to as "Personal Information") you make available to ARTD is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from ARTD. Registration forms contain both mandatory fields (indicated with an asterisk (*)) and non-mandatory fields; if you choose not to complete the mandatory fields then ARTD may not be able to respond to your request or activate your option choices.
Requests for information made by telephone may be recorded for quality control and to ensure the accuracy of your Personal Information.
Personal Information provided to us will be made available for joint use by duly authorised ARTD personnel in Switzerland, its subsidiary and/or affiliate partners worldwide and occasionally to other persons or partners and companies who carry out operations in relation to its business. Some of our business partners are located outside Switzerland and consequently your personal information may be imported to Switzerland or transferred abroad. However, all such persons and companies are subject to confidentiality agreements and to the strict respect of your privacy in accordance with applicable legislation. The Personal Information made available by you will be used to provide the requested services and may be used both for marketing research purposes relating to ARTD's business and to provide information to you relating to its artworks and activities.
Other than as stated above, ARTD will not use your Personal Information for unsolicited communications. We do not sell, rent or otherwise make available any Personal Information submitted to us to any third parties unless it is to our business partners, our legal advisors or where so required by law or a court decision. ARTD will use its best endeavours to ensure that such data is kept secure at all times.
In all cases and on request, ARTD will remove your Personal Information from its database thereby cancelling your registration to any of the ARTD services. You are also advised that upon written request you may inspect your Personal Information and/or request that information about you be corrected, amended or deleted.
All requests relating to your Personal Information as well as any request to cancel your registration for services offered by ARTD can be sent by e-mail: contact(at)artdreesor.com
From time to time, ARTD may amend this Privacy Statement in accordance with modified legislative obligations and ARTD's business objectives. Our Privacy Statement can be consulted at any time from our Web Site at www.artdreesor.com and www.collections.artdreesor.com
Our main database is managed in Switzerland and hosted by ISProduction USA. Our Privacy Statement is exclusively governed by the laws of Switzerland without regard to its conflicts of law provisions. The competent courts in Zürich, Switzerland, shall have exclusive jurisdiction over any differences or disputes arising out of or in connection with our Privacy Statement.
ARTD trusts that its Privacy Statement demonstrates its commitment to managing your Personal Information in accordance with current legislative obligations in such a way as to fully protect your privacy.
6. Disclaimer – The information on the Web Sites is intended for general information purposes only. ARTD tries to ensure that the information provided is accurate and complete. However, ARTD does not warrant or represent that ARTD Material is accurate, error-free or reliable or that use of ARTD Material will not infringe rights of third parties. Use of the Web Sites is at Users' risk.
ARTD does not warrant that the functional and/or technical aspects of the Web Site or the ARTD Material will be error free or that this Web Site, ARTD Material or the server that makes it available are free of viruses or other harmful components. If use of these Web Sites, or ARTD Material results in the need for servicing or replacing property, material, equipment or data, ARTD is not responsible for those costs. Without limiting the foregoing, everything on the Web Sites is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
ARTD and its partners make no warranties about the ARTD Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
7. Trademark Notice – In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on these Web Sites are registered, unregistered or otherwise protected ARTD trademarks or are licensed for use by ARTD by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on these Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on these Web Sites without ARTD's prior written permission of or such third party who owns the trademark. Misuse of any trademark displayed on the Web Sites, or any other content on the Web Sites, except as provided herein, is strictly prohibited.
8. Copyright Notice – All contents of these Web Sites are either Copyright © ARTD 2014 or are licensed for use by ARTD. All rights reserved. Please refer to the section of these Terms on Use of Materials on this Web Site above.
9. Links & Linking – Links to other web sites operated by third parties not affiliated to ARTD may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by ARTD of those sites. RIML has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users' own risk.
ARTD does not authorise linking to its Web Site from a third party web site without its prior written authorisation.
10. Termination – Users agree that ARTD may terminate Users' access to and use of the Web Site if ARTD reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of ARTD or any third party, or for any reason with or without notice to User. Users agree that ARTD may modify or discontinue this Web Site, with or without notice to them. Users agree that ARTD will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
11. Limitation of Liability – Under no circumstances whatsoever shall ARTD be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if ARTD has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
12. General Provisions – Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of ARTD. ARTD makes no representation that ARTD Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to ARTD Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action a User may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises.
13. Applicable law and Jurisdiction – These Terms shall be exclusively governed by the laws of Switzerland without regard to its conflicts of law provisions. The competent courts in Zürich, Switzerland, shall have exclusive jurisdiction over any differences or disputes arising out of or in connection with these Terms. The waiver by ARTD of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
Date of Posting: June 2014