ART FIX - THE NEW WAY OF LEARNING

Terms & Conditions

WEBSITE TERMS & CONDITIONS

ATTENTION

These Terms and Conditions (the “Terms”) apply to the entire contents of the Website under the domain name www.art-fix.com (the “Website”). Please read these Terms carefully before using the Website. In addition, users with a membership account are also bound by the Art Fix Membership Terms and Conditions which are set out below (the “Membership Terms”). Please also refer to our Cookie Policy www.art-fix.com/cookies.which sets out information about the cookies on our Website (the “Cookie Policy”).

By using the Website, you are acknowledging that you have read and accepted these Terms, the Membership Terms and the Cookie Policy. If you do not accept these Terms, the Membership Terms and the Cookie Policy please do not use the Website. This Website belongs to Art Fix B.V. Art Fix B.V. is a company registered in The Netherlands with the Dutch KvK registration nr 75046660, registered at the Acacialaan 1A, 2243 BW Wassenaar (“We” or the “Company”).

1.CONDITIONS OF USE

You agree to use the Website only in accordance with these Terms, the Membership Terms and the Cookie Policy and for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.

2.CHANGES TO THIS WEBSITE

i.The Company may revise or change these Terms, the Membership Terms and / or the Cookie Policy at any time by updating these pages. You should check the Website to review the Terms, the Membership Terms and the Cookie Policy regularly because they are binding on you. Your continued use of the Website after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Website if you are not happy with any changes. 

ii.Certain provisions of these Terms, the Membership Terms and / or the Cookie Policy may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

3.USE OF CONTENT FROM OUR WEBSITE

i.In accessing the Website, you agree to only use the content (including but not limited to videos, images, graphics, audio content, text, logos and any other media) (the “Content”) for your own personal, non-commercial use. We may terminate or restrict your use of our service if you violate these Terms or are engaged in illegal or fraudulent use of the service. Save as permitted in these Terms, you are not permitted to copy, broadcast, download, store (in any medium), transmit, publish, show or play in public all or any part of the Content, for any other purpose whatsoever without the prior written permission of the Company. You are not permitted to adapt, modify or alter the Content or the Website (in whole or in part). 

ii.You are permitted to print and download extracts of the freely available material from the Website only for your own personal reference or if relevant to draw the attention of others to our Website provide that: 

No documents or related graphics on the Website are modified in any way;

No graphics on the Website are used separately from the corresponding text; and The Company’s copyright and trademark notices and this permission notice appear in all copies.

iii.These limited permissions are not intended to confer or grant any rights or licences in the Website or the Content and such permissions can be revoked by the Company from time to time without notice.

iv.Unless otherwise stated, the copyright and other intellectual property rights in the Website and the Content are owned by the Company or its licensors. For the purposes of these Terms, any use of extracts from the Website or Content other than in accordance with these Terms for any purpose is prohibited. If you breach any of the Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. 

v.Subject to as expressly set out in these Terms, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. For the avoidance of doubt, you shall be permitted to share links to our Website provided that you do not share your log in details (if you are a Member). 

vi.Any rights not expressly granted in these Terms are expressly reserved.

vii.The Company does not accept unsolicited materials or ideas and is not responsible for the similarity to any of its Content, Website or programming in any media to materials or ideas transmitted to the Company.

4.SERVICE ACCESS

i.It is your responsibility to ensure that the Company’s technology is compatible with your systems and devices. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The Company is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. Due to its inherent nature of the Content, you acknowledge that the Company is not liable or responsible for any delay, disruption or disturbance in the operation of the internet. 

ii.While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

iii.Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

iv.Technical support for the Content is available between the hours of 9.00am and 5.00pm (CET) Monday to Friday (excluding public holidays). Requests for support should be sent by email to ivy@art-fix.com. The Company will respond as soon as reasonably practicable. 

v.We may remove videos and other Content or change Content from time to time. We shall do our best to give you notice before a video is permanently deleted but this will not always be possible. We do not guarantee the availability of any specific Content or videos, which are subject to change from time to time.

vi.You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of such third-party software.

vii.The Company’s software is developed by, or for, the Company and is designed to enable viewing of the Content and the Website through Company ready devices. The Company’s software may vary by device and medium, and functionalities, features, quality and streaming speed may differ between devices and bandwidths. 

5.VISITOR MATERIAL AND CONDUCT

i.Other than personally identifiable information, which is covered under our Privacy Policy http://artfix.studiobeige.nl/privacy-policy/ any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, delete, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

ii.You may not post or transmit to or from the Website any material:

That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

iii.You may not misuse the Website and shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Content or Website protections; use any robot, spider, scraper or other automated means to access the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the Content in any way or use any data mining, data gathering or extraction method.

iv.The Company shall be entitled to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.

6.LINKS TO AND FROM OTHER WEBSITES

i.Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of the content included in third-party websites and does not control and is not responsible for any third-party websites including their content or availability. The Company does not endorse or make any representations about third-party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

ii.If you would like to share a link to the Website, including on social media, you may only do so on the basis that you link to, but do not reproduce, the relevant page of the Website, and subject to the following conditions:

You do not remove, distort or otherwise alter the size or appearance of the Art Fix logo;

You do not create a frame or any other browser or border environment around the Website;

You do not in any way imply that the Company is endorsing any products or services other than its own;

You do not misrepresent your relationship with the Company nor present any other false information about the Company;

You do not otherwise use any trademarks displayed on the Website without express written permission from the Company;

You do not link from a website that is not either owned by you or on which you do not have the right to do so; and

You do not share our link on any third-party websites whose content is distasteful, offensive or controversial in any jurisdiction in which it is accessible, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

iii.The Company expressly reserves the right to revoke the right granted in Clause 6.ii or any other breach of these Terms and to take any action it deems appropriate.

iv.You shall fully indemnify the Company for any loss or damage suffered by the Company for breach of Clause 6. We refer you to the indemnity set out Clause 10 below. 

7.DISCLAIMER

While the Company endeavours to ensure that the information on the Website is correct, the Company does not guarantee the accuracy and completeness of the material on the Website or the Content. The Company may make changes to the material on the Website or the Content, or to the products and prices described in it, at any time without notice. The material on the Website or the Content may be out of date, and the Company makes no commitment to update such material or Content.

The statements and opinions expressed in the Content, videos and/or on the Website by third parties (including lecturers and experts engaged by the Company) are those of such individuals. They do not purport to reflect the opinions or views of the Company, its employees or sponsors.

The material and/or Content on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.

8.LIABILITY

i.The Company makes no statement about the suitability of the Content, information and services contained on, or accessed via, the Website. 

ii.We exclude all liability and responsibility for any amount of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of this Website, any third-party websites linked to the Website or the material on such websites. This includes any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.

iii.The Company further excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organisation and arising out of or in any way connected with the use of the Website or the Content, whether based on contract, tort, strict liability or otherwise.

iv.We do not purport to exclude legal liability for death or personal injury as a result of the Company’s negligence and for fraud or for any matter for which it would be illegal for the Company to exclude or to attempt to exclude liability.

v.You agree to defend, indemnify and hold harmless the Company, its affiliates and officers, directors, employees and agents from and against any and all claims, liabilities, costs, damages, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms, your placement or transmission of any message, content, information, software or other materials, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity).

9.SEVERABILITY

If any section or portion of these Terms is determined by any court to be illegal or invalid, it shall be deemed modified to the minimum extent necessary to make it legal or valid and, if not possible, shall be deemed deleted, and the validity of the remaining Terms shall not be affected.

10.WAIVER

No failure or delay by the Company to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 

11.RIGHTS OF THIRD PARTIES

These Terms govern the agreement of use of the Website between you and the Company and therefore no third party shall have any rights under these Terms or any subsequent amendments or to enforce any of its terms. 

12.ENTIRE AGREEMENT

i.These Terms constitute the entire agreement between you and the Company in respect of use of the Website and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

ii.You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) by the Company that is not set out in these Terms. The Company shall not be liable for innocent or negligent misrepresentation.

13.GOVERNING LAW AND JURISDICTION

i.These Terms shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Dutch courts.

ART FIX MEMBERSHIP TERMS & CONDITIONS 

ATTENTION

Art Fix B.V. provides a  Membership Service (the “Membership Service”) that allows users to access digital content, including videos, images, graphics, audio content, text, and other material or media contained within the membership packages (the “Content”). The Membership Service is provided to users by Art Fix B.V. a company registered in The Netherlands with the Dutch KvK-registration nr  75046660, registered on the Acacialaan 1 A, 2243BW Wassenaar (“We” or the “Company”).

These Art Fix Membership Terms and Conditions (the “Membership Terms”) govern your use of the Company’s Membership Service and Content, including all features and functionalities, user interfaces, materials and software made available to you through the Membership Service. The Membership Terms are in addition to the Terms of use of the Website www.art-fix.com/terms-conditions and the Cookie Policy www.art-fix.com/cookies-policy

1.GENERAL

i.You agree to use the Membership Service only in accordance with these Membership Terms for lawful purposes and in a way which does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.

ii.These Membership Terms should be read in conjunction with the following which are additional to: the Website Terms which apply to the entire contents of the Website (the “Terms”) under the domain name www.art-fix.com (the “Website”). These Terms are set out above; and the Company’s Cookie Policy available at www.art-fix.com/cookies (the “Cookie Policy”); and the Payment Terms for our third party payment providers currently: Mollie

iii.By using the Company’s Membership Service, you are acknowledging that you have read and accept the Membership Terms, the Website Terms, the Cookie Policy and the Payment Terms. If you do not accept these please do not use the Membership Service.

2.ACCOUNT

i.In order to use the  Service, you must have internet access and must create an Account. 

ii.To create an Account, you must complete the membership form on the Website at www.art-fix/membership. By completing the form, you will create a username and password and will provide a current, valid and acceptable form of payment in accordance with the Payment Terms.

iii.By creating an Account, you agree to be bound by the Membership Terms and the Payment Terms. Your order constitutes an offer to the Company to purchase the Membership Services. The Company may, in its discretion, decline to accept any order. Where the Company accepts your order, its acceptance will be automatic, but it will also send a confirmation email confirming that your Account has been activated. 

iv.The Company accepts no responsibility for receipt by you of our emails and you should ensure that your email address is correct and that you ensure that emails from us can be received to your inbox and pass any relevant security measures of filters. 

v.Your username and password are unique to you. You must not reveal or share your username, password or any of your Account details to anyone or allow anyone to use your Account. The Membership Service may be terminated without notice by the Company if you or anyone else provides these details to third parties without the prior written consent of the Company. 

vi.All Content provided to you through the Membership Service is for your personal, non-commercial use only. Content is streamed over the internet. You are not permitted to copy, archive, reproduce, broadcast, download, distribute, store (in any medium), transmit, publish, license, create derivative works from, offer for sale, show or play in public, adapt or change in any way the Content for any other purpose whatsoever without the prior written permission of the Company. The Membership Service, including the content library is regularly updated. You may view the Content primarily within the country in which you have established your Account and only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and may change from time to time. You should not attempt to watch the Content in any countries where it is not legal to do so and the Company accepts no liability for any Content you watch or attempt to watch in a country where such Content is not permitted. 

vii. Any material you transmit or post in relation to the Content shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

viii.If you are under 18 years old please get a parent or guardian’s permission before creating an Account. Users without this consent are not allowed to provide us with personal information.

ix.The Company will send you information relating to your Account (including, but not limited to payment authorisations, invoices, changes in password or payment method, confirmation messages and notices) in electronic form only, for example via emails to your email address provided during registration.

3.MEMBERSHIP PERIOD

i.Membership Service is available in an annual Membership only. Access to the Content will be provided to Members as soon as payment has been received and accepted in accordance with the Payment Terms.

ii.An annual membership shall continue on a recurring basis until terminated by you or the Company. 

iii. Specific details regarding your Account are available by clicking on the account link on the Website under your profile name.

4.MEMBERSHIP PAYMENTS

i.The price of each Service shall be as quoted on the Website and may be subject to change from time to time. We shall give you 30 days’ notice of any such changes to the price of your Membership Service.

ii.All payments to the Company shall be made through a third-party payment provider in accordance with the Payment Terms. You should familiarise yourself with the Payment Terms as they will apply to your Service. 

iii.The Membership fee and any other applicable taxes, charges and transaction fees will be charged on a rolling annual date of your first payment or the next working day as applicable. Further details are set out in your Account. 

iv.Failure to make payment shall result in your Account being suspended and access terminated immediately. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your payment method we may suspend your access to the  Service. 

5.CANCELLATION

i.You may cancel your Membership Service at any time by clicking CANCEL MY MEMBERSHIP or writing to us at ivy@art-fix.com at least 14 days before your next payment is due. If you cancel your Membership Service, your Account is automatically closed on the date at which your next payment was due. You will need to subscribe again if you wish to watch further content and videos. New memberships are at the Company’s discretion and we are under no obligation to accept your request for a new Membership.

ii.You will not receive a Refund for the remaining annual Membership Service and shall continue to have access to the Content and videos until this time, after which your account shall automatically be closed. Cancelling your annual membership means that your Annual membership will not automatically renew in the following year.

iii.Save as set out in these Membership Terms, payments are non-refundable, and the Company does not provide refunds or credits for any partial year memberships or unwatched Content.

iv.The Company may cancel any membership at any time where payment has not been received or where it reasonably believes in its discretion that you are in breach of the  Membership Terms. 

We reserve the right to revoke your Membership for any reason at any time including as a result of a violation of these Terms, the Membership Terms or the Privacy Policy without notice. Where we revoke your Membership because you have breached these Terms , the Membership Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In the event that we revoke your Membership Service for a reason other than as a result of your breach of these Terms, the Membership Terms or the Privacy Policy, you will be reimbursed any outstanding  Membership fees on a pro rata basis. 

6.INTELLECTUAL PROPERTY RIGHTS

See Clause 6 of the Website terms and Conditions.

7.SERVICE ACCESS AND TECHNICAL

See Clause 4 of the Website Terms and Conditions.

8.DISCLAIMER

In addition to Clause 7 of the Website terms and Conditions.

i.The Content, including the views provided by voiceover and artists on the videos, are the personal opinions of the individuals. The Company does not guarantee the accuracy and completeness of the Content. The voice-over, artists, lecturers, authors and the Company will not accept responsibility for loss howsoever occasioned to any person or persons arising from any reliance on the Content.

ii.The statements and opinions expressed in the videos and/or on the Website by third parties (including lecturers and experts engaged by the Company) are those of such individuals. They do not purport to reflect the opinions or views of the Company, its employees or sponsors. Nothing stated in the videos or Content shall be considered an endorsement or critique by the Company of any particular artist, artwork, gallery or museum. 

iii.Some of the videos may contain images or artworks which depict adult, material, nudity, violence, political scenes and/or religious idols and scenes some of which may be unsuitable for persons under the age of 18 and may be offensive to some viewers. If you are accessing such content in a country which does not permit the viewing of such materials, please do not attempt to access the videos. We shall use our reasonable endeavours to indicate which videos may contain such content. 

iv.The Content on the Website is provided “as is”, without any conditions, warranties or other terms of any kind.

9.LIABILITY

In addition to Clause 8 of the Website Term and Conditions.

i.In the event of any breach by the Company arising out of or connected with the Content, the Company excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss, loss of profit, loss of earnings and revenue, loss of time, loss and/or corruption of data, anticipated savings or goodwill. In any event the maximum liability to you for any claim arising (whether in contract, negligence, tort or otherwise) shall be limited to the applicable fee paid by you being the subject matter of the claim. 

ii.The Company makes no statement about the suitability of the Content. The Company excludes all liability and responsibility for any amount of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of the Content. This includes any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or streaming the Content. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.

iii.The Company acknowledges that it cannot exclude legal liability for death or personal injury as a result of the Company’s negligence and for fraud or for any matter for which it would be illegal for the Company to exclude or to attempt to exclude liability.

iv.You agree to defend, indemnify and hold harmless the Company, its affiliates and officers, directors, employees and agents from and against any and all claims, liabilities, costs, damages, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Membership Terms, your placement or transmission of any message, content, information, software or other materials, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity).

10.SEVERABILITY

If any section or portion of these Terms is determined by any court to be illegal or invalid, it shall be deemed modified to the minimum extent necessary to make it legal or valid and, if not possible, shall be deemed deleted, and the validity of the remaining Terms shall not be affected.

11.WAIVER

No failure or delay by the Company to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 

12.RIGHTS OF THIRD PARTIES

These Terms govern the agreement of your Membership Service between you and the Company and therefore no third party shall have any rights under these Terms or any subsequent amendments or to enforce any of its terms. 

13.ENTIRE AGREEMENT

These Membership Terms, together with the Terms and any additional terms or policies incorporated therein, constitute the entire agreement between the you and the Company in respect of your Membership and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) by the Company that is not set out in these Membership Terms or the Terms. The Company shall not be liable for innocent or negligent misrepresentation.

14.GOVERNING LAW AND JURISDICTION

These Membership Terms shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Dutch courts.