Well hello there, you’ve arrived just in time!  Things were starting to get a bit cobwebby over in this corner.  Whilst we get things dusted down and clear our froggy-throats, please, make yourself comfortable.  Cup of tea, milk, no sugar if you’re asking.  Right, are you ready? Then let’s get started.

 

1. Terms of Trade Policy Introduction


(a)    This Terms of Service Policy forms part of our Terms and Conditions, which have been prepared across three separate policies for ease of reading and navigation. These policies (collectively our Terms and Conditions or "Terms") set out the terms on which Kunstvoller Limited supplies its products and services.

(b)    Our Terms and Conditions apply between you (“You/Your”) the user (“User”) of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Kunstvoller Limited (“Kunstvoller/We/Us/Our”), the owner and operator of this Website: www.kunstvoller.com.


The individual policies and the links to read them are as follows:

  1. Terms of Service Policy (You’re here)
  2. Terms of Trade Policy
  3. Privacy Policy

(d)    We reserve the right to change our Terms from time-to-time, as we may deem necessary, or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted Our Terms and Conditions, including this Terms of Trade Policy, on your first use of the Website following the alterations. It is worth checking this policy regularly to take notice any changes We may have made. The date the terms were last updated appears at the bottom of this page.

2. General

(a)    Access to and use of the Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices of Our “Terms of Service Policy”.

(b)    The Website is intended for a general audience and is not intended to be used by children, people under the age of 18 (“Minors”).  You must be at least 18 years of age to form legally binding agreements under applicable law. By using the Website and agreeing to these Terms of Service and all of Our Terms and Conditions. You represent and warrant that You are at least 18 years of age, or, that you have obtained permission and assistance of a parent or legal guardian. Legal Gauradian’s will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website; and (iii) the consequences of any use of the Websites by such Minor.

(c)    Please read Our Terms of Service carefully, as they affect Your legal rights. Your unconditional agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of the Website. If You do not agree to be bound by these terms, or any of our Terms and Conditions, You should stop using the Website immediately.

(e)    We may revise our Terms of Service from time to time, in part or in their entirety. Any changes will be posted on Our Website, and it is worth checking regularly to take notice any changes We may have made. The date the terms were last updated appears at the bottom of this page.

3. Availability of the Website and disclaimers

(a)    Any online facilities, tools, services or information that We make available through the Website are provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Kunstvoller Limited is under no obligation to update information on the Website.

(b)    Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, Viruses and other malware, We give no warranty or guaranty in that regard and You must take responsibility for Your own security, that of Your personal details and Your computer.

(c)    Access to this Website is permitted on a temporary basis. We reserve the right to withdraw, alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any Products and/or Services available.  Our Terms of Service shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

(d)    We accept no liability for any disruption or non-availability of the Website.

4. Prohibited use

(a)    You may not use the Website for any of the following purposes:

  1. In any way which causes, or may cause, damage or impairment to the Website or interferes with any other person's use or enjoyment of the Website;
  2. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order;
  3. Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

(b)    You will not transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, logic bombs, or post any other malicious or harmful programming (collectively, "Viruses"), hack into any aspect of the service; corrupt data; post any other material that is malicious or technologically harmful; send any unsolicited promotional or advertising material (commonly referred to as “Spam”) or in any way affect the functionality or performance of any computer facilities of, or accessed through, this Website.  Any breaching of these terms is a criminal offence under the Computer Misuse Act 1990.

(c)    You may not use the Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Website. If You download software or any other content from the Website, You do so at your own risk.

(d)    The Website and all text, audio, video, pictures, music, images, graphics, information, content, and other material displayed on, or downloadable from, the Website are either the property of Kunstvoller, or used with permission of the owners, or as part of sharing content on social media, with no claim of ownership, by Kunstvoller. They are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Service, or with the prior written permission of the owner of such material. You may not modify the information located on the Website in any way or reproduce or publicly display, perform, distribute or otherwise use any such information for any public or commercial purpose. Any unauthorised use of any such information may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Website.

(e)    If You are found to be in breach of these terms and committing prohibited actions on Our Website, We will report You to the relevant law enforcement authorities and disclose Your identity to them.

5. ACCURACY OF INFORMATION

(a)    We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.

6. INTELLECTUAL PROPERTY – TRADEMARKS & COPYRIGHT

(a)    All Content (included on the Website, unless uploaded by Users, is the property of Kunstvoller Limited, our affiliates or other relevant Third Parties, with the exception of Content shared on Social Media and displayed on our Social Page on the Website.  This Content is owned by its respective owners and used with permission, or in good faith as part of sharing content, with no claim of ownership by Kunstvoller. In these Terms of Service, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

(b)    You may, for your own personal, non-commercial use only, do the following:

  1. Retrieve, display and view the Content on a computer screen

(c)    You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without Our permission.

(d)    You acknowledge that you are responsible for any Content you may submit to Us via the Website, or via Social Media, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website or Social Media any Content that

  1. Is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
  2. May constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
  3. May contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

(e)    You represent and warrant that You own or otherwise control all the rights to the Content You post; that the Content is accurate; that use of the Content You supply does not violate any provision of these Terms of Service and will not cause injury to any person; and that You will indemnify Us for all claims resulting from Content You supply.

(f)    Certain trademarks, designs, trade names, service marks and logos, icons and domain names used or displayed on the Website are registered and unregistered trademarks, trade names and service marks owned by Kunstvoller Limited. Specifically our trademarks are Kunstvoller™, KunstSquad™ / Kunst Squad™, Lil’ Kunst™, Live Dangerosuly™, Not For Dullards™ and our KDoll Graphic Logo, Kunstvoller Logo and Kunstvoller Emblem. All Lil’ Kunst Designs, or any other designs, and the apparel / merchandise they are on, are the copyright of Kunstvoller Limited. 

(g)    Third-Party trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission, or as part of sharing content, with no claim of ownership, by Kunstvoller. Nothing contained on any of the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Website without our written permission or the written permission of such third-party owner.

(c)    We respect the intellectual property rights of others and expect users of the Website to do the same.  We share content on Social Media in good faith and try our best to make sure that the owner is visibly credited either as part of the original Content, by stating the Content creators/owner details or providing links to the original post.

(d)    Pursuant to Title 17 U.S.C. 512, If you believe we have this wrong on our Website and have infringed Your Copyright, please contact Us

(e)    All claims of infringement must be in writing and must contain the following clear identification of the copyrighted work claimed to have been infringed.

7. LINKING TO THE WEBSITE

(a)    Any permitted links to the Website must comply with all applicable laws, rules and regulations and any applicable policies of Kunstvoller.

(b)    If you intend to create any link from another Website to any page on the Website, you will inform us via email at: kontakt@kunstvoller.com.

(c)    We reserve the right to prohibit any such link at any time. Running or displaying the Website, or any information displayed on the Website, in frames or similar means on another Website without our prior written permission is prohibited.

8. THIRD-PARTY LINKS

(a)    This Website may contain links to other websites, where unless expressly stated, they are not owned, operated or under Our control “Third-Party Sites”, or that of Our affiliates.

(b)    When using these links You will leave Our Website and do so entirely at Your own risk. We assume no responsibility for the content of such Third-Party Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

(c)    The inclusion of a link to another site on this Website does not imply any endorsement, guarantee, representation or warranty regarding the Third-Party Site, those in control of them, or any content information located at or accessible via the site.

9. USER INFORMATION

(a)    Other than personally identifiable information, which is subject to Kunstvoller’s Privacy Policy, any material, information, suggestions, content, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit via, or post to, the Website in any manner ("User Communications") are, and will be considered, non-confidential and non-proprietary.

(b)   Do not transmit or post any information, suggestions, photographs, content, ideas, concepts, know-how, techniques, questions, comments, opinions or other communications You wish to be kept confidential, or for which You expect compensation, acknowledgement or attribution.

(c)    You hereby grant to us, and Our respective affiliates and/or designees, a perpetual, royalty-free, irrevocable, worldwide license to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Communications, in any and all media now known, or hereafter to become known, for any and all commercial and non-commercial purposes without the need for any acknowledgement, compensation or attribution.

(d)    You declare and warrant to Us that You are entitled to transmit or post User Communications to the Website and have all relevant licenses and consents from any relevant third-parties. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications in our sole discretion.

(e)    If You post Information via the Website You agree to waive all so-called moral rights or other similar rights to such User Information.

10. INAPPROPRIATE MATERIAL

(a)    You are prohibited from transmitting via, or posting to, the Website any User Communication that we reasonably believe to be:

  1. Unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libellous, obscene, vulgar, pornographic, profane;
  2. Invasive of privacy or personal information;
  3. infringing upon a Third-Party's intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity;
  4. Of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information;
  5. Advertising or an offer to sell or buy any goods or services;
  6. Considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or
  7. Otherwise objectionable or in violation of applicable law, rule, regulation or order.

(b)    In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from any of the Website of objectionable User Communications. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.

11. Privacy

(a)    Our Privacy Policy confirms the terms on which we collect and use of Your personal information, submitted through the Website, including how We may use cookies to collect data on how You use Our Website.  The policy also governs Your use of Our website as part of our Terms and Conditions.

12. Limitation of liability

(a)    You use Our Website at Your own risk. The services provided in connection with the website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not warrant the accuracy or completeness of the Website, any of it’s Content, information or services provided or made available.

(b)    We will not be liable to You in respect of any losses arising out of events beyond Our reasonable control.

(c)    To the maximum extent permitted by law, Kunstvoller Limited, Our respective Officers, Directors, Employees, Shareholders, Affiliates, Parent Corporations, Agents, Successors, Assigns, Retail Partners nor any party involved in the creation, production or transmission of the website accepts no liability for any of the following:

  1. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;  
  2. Loss or corruption of any data, database or software; any damages to, or viruses that may infect your computer system, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website, downloading of any content and information from the website or accessing via links from Our Website any Third-Party websites.
  3. Any special, punitive, indirect, consequential or any other loss or damage of any kind.

(d)    In the event of any problem with any of the Websites or any Content, You agree that Your sole remedy is to cease using the Websites.

(e)    Nothing in Our Terms of Service Policy, or Terms and Conditions, will:

  1. Limit or exclude, or purports to limit or exclude, any statutory rights granted to You under local law (in particular consumer protection laws), which remain unaffected and in full force and effect,
  2. Limit or exclude Our or Your liability for death or personal injury resulting from Our or Your negligence, as applicable;
  3. Limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; or (4) Limit or exclude any of Our or Your liabilities in any way that is not permitted under applicable law.

(f)    Unless prohibited by applicable local mandatory law, You agree to indemnify and hold us, Our respective Officers, Directors, Employees, Shareholders, Affiliates, Parent Corporations,  Agents, Successors, Assigns and Retail Partners harmless from and against any loss, cost, damage or expense (including reasonable legal costs) incurred in connection with any Third-Party claim, demand or action arising from, or in connection with, Your breach of these Terms of Trade. If you are obligated to indemnify Us hereunder, We may, in Our discretion, control the defence and disposition of any such claims at Your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any Third-Party claim without Our consent.

13. TERMINATION

(a)    We may suspend or terminate your use of the Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.

(b)    You may not transfer any of Your rights under our Terms of Service Policy, or under our entire Terms and Conditions, to any other person. We may transfer Our rights where We reasonably believe Your rights will not be affected.

(c)     We may revise our Terms of Service from time to time, in part or in their entireity. Such revised terms will apply to the Website from the date of publication. Any changes will be published to Our Website, and it is worth checking regularly to take note of any changes and ensure familiarity with the then current version.  The date they were last checked and / or revised is noted at the end of this document.

(d)    This Terms of Service Policy, together with the Terms of Trade Policy, Privacy Policy and Cookies Policy form Our Terms and Conditions.  Our Terms and Conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

(e)    The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no Third-Party will have any right to enforce or rely on any provision of these terms and conditions.

(f)    If any court or competent authority finds that any provision of Our Terms and Conditions (or any provision of a specific policy) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted and superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  In any case, the validity and enforceability of the other provisions of Our Terms and Conditions will not be affected.

(g)    Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

(h)    Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

(i)    This Terms of Service Policy, as part of Our Terms and Conditions, will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts. 

14. Kunstvoller Limited Details

(a) Kunstvoller Limited is a company registered in England and Wales with the number 10032250.

(b) Our Registered Office is: 10 Bessemer Court, Bolckow Industrial Estate, Grangetown, Middlesbrough, UK TS6 7EB.

(c) If you You require any additional assistance, have questions, complaints or comments about the Website, our Services or Products, then please contact us using our Contact Form, via email: kontakt@kunstvoller.com or in writing to our above address.

 

Last Updated: 1st April 2018

 

 

Attribution: This Terms of Service contains parts of a document created using Rocket Lawyer (https://www.rocketlawyer.co.uk).