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GENERAL TERMS AND CONDITIONS OF ARTLANTISMEDIA.NL
(TERMS AND CONDITIONS)
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The following sets forth the terms and conditions of the contract between Artlantismedia.nl and the users of the website Artlantismedia.nl with respect to the use of the services available on this website and governs the relationship between them.
I. GENERAL PROVISIONS
Art. 1. For the purposes of the present terms and conditions, the terms and the phrases listed bellow shall have the following meaning:
· “Artlantismedia.nl” is a website – a virtual informational resource in the internet, owned by studioschaper.com which presents Artlantismedia.nl’s products and services and gives the users the opportunity to use different services, as well as to find information by hyperlinks to resources, situated on the server of Artlantismedia.nl or another server, out of the control of Artlantismedia.nl.
· “Artlantismedia.nl” is an activity of studioschaper.com, duly incorporated and existing under the laws of the Netherlands, registered under business registration number k.v.k. nr;0461863 Groningen. Artlantismedia.nl provides the services, subject of the present terms and conditions, through the website Artlantismedia.nl administered and controlled by studioschaper.com. studioschaper.com is registered under the Dutch Value Added Tax Act under VAT No NL0004560776. Studioschaper.com is residing on the following address: D.J.Kammingastraat 3 9103 PM Dokkum, the Netherlands.
· “Services” are the services and the resources provided by artlantismedia.nl to the users of artlantismedia.nl, as access to catalog of three-dimensional models of original design products,
· “User” is any natural person, who uses the services offered by artlantismedia.nl through the website artlantismedia.nl after fulfilling the conditions of registration described below. The user has a contractual relationship with artlantismedia.nl.
· “Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the internet or associated nets, as well as any actions that can be qualified as crimes or administrative offences according to the Dutch or other applicable legislation. The malicious actions include, without to be limited to, the following: sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending systems for unauthorized distant control (“Trojan Horses”) or causing installation of viruses, disturbance of the other Internet and associated networks user’s normal work, etc.
· “Website” is a certain place in the Internet, accessible by its unified address (URL) on a protocol HTTP, HTTPS or other standard protocol and consisting of files, programs, text, sound, picture, image or other materials and resources.
· “Web page” is a composite part of a website.
· “IP address” is a unique identical number, associating a computer, web page or user's resource in a way that allows their localization in the Internet.
· “User account” is a particular part of the website artlantismedia.nl containing information about the user required by artlantismedia.nl when concluding the contract, and stored by artlantismedia.nl. The user account is accessible by a username and a password. The user account gives the user an opportunity to use of the services for which the prior registration is required,
· “Information system” is each particular device or combination of connected or similar devices, which in performance of certain program provide for or one of its components provides for the automated data processing.
· “Hyperlink” is a link placed on a certain web page, which allows automatic reference to other web page, informational resource or object through standard protocols.
· “Password” is a chosen by the user code of letters, ciphers and symbols, which along with the username serves for access to his/her user profile.
· “Username” is chosen by the user unique code of letters, ciphers and symbols, which individualizes the user when accessing his/her, user profile.
· “Chance event” is a circumstance unforeseen at the moment of the contract conclusion which makes the provision of the services objectively impossible.
· Artlantismedia.nl provides the services under strictly observance by the user of the requirements stipulated bellow and the additional requirements for the provision of particular Services, which are published on the respective web pages at Artlantismedia.nl.
· The services which are subject to the present terms and conditions cover a complex of resources and services predefined as available upon prior registration or upon registration and payment of a respective price and described on the web pages of Artlantismedia.nl as accessible under the respective terms and conditions for use.
· For the resources and the services, which are available for all customers without prior registration, the rules for the use of the website Artlantismedia.nl shall apply.
· The computer and other technical equipment, the internet access and the connection for the transmission of informational packages between the user and the web page, necessary for the use of the services provided, are to be ensured by the user him/herself. Artlantismedia.nl shall not be liable in cases where the user cannot access the Services because of the problems which are not under its control (hardware or software problem, problem regarding the Internet connection, etc.).
· The present terms and conditions shall not apply with respect to services which are subject to particular rules, as well as with respect to the relationships between the user and third parties.
Art. 3. As far as the services provided by Artlantismedia.nl are various and permanently increasing and modifiable with a view to their improvement and widening the number, the features and the regime for their provision (free access, upon prior registration or after registration and payment of respective price) may be changed at any time by Artlantismedia.nl.
Consent with the terms and conditions. Registration
· In order to use the services provided the user shall register himself/herself by completing the respective online registration form available on Artlantismedia.nl and shall express his/her consent to be bound by the present terms and tonditions.
· By completing the registration form and clicking on the check-box “I have read the general terms and conditions and I agree with it” and on the virtual button “Create my account now!”, the user performs an electronic statement within the meaning of the Dutch Electronic Document and Electronic Signature Act and declares that he/she is acquainted with the present terms and conditions, he/she accepts them and undertakes to observe them. The electronic statement, by its storage on the Artlantismedia.nls server through a generally accepted standard for technical transformation that makes possible its reproduction, gains the capacity of an electronic document within the meaning of the quoted act. Artlantismedia.nl may store in log-files on its server the user's IP address, as well as any other information necessary for the identification of the user and for the reproduction of his/her electronic statement for acceptance of the present terms and conditions in case that legal argument arises. The user may correct without any restriction the information, which he/she fills in the registration form before the performance of the statement under paragraph 2 above.
· For using the paid services provided by Artlantismedia.nl except the registration, the payment of the respective price and the acceptance of the applicable license agreement are also required.
· When filling the registration form the user is obliged to provide comprehensive and true information about his/her identity, occupation and the other required by the electronic form data, as well as to update them within 7 days of their change. The user declares and warrants that the data provided during his/her registration are true, correct and full and undertakes to correct and update it in due time should any changes in these data occurs.
· In case where the user provides false data or does not submit the necessary changes in the term under the preceding paragraph, Artlantismedia.nl is entitled to terminate or to suspend immediately and without prior notification the provision of the services and the support of the user’s registration. The termination of the provision of the services shall be considered as an automatic termination of the contract.
· The parents exercising their parental rights or the guardians of a person under age shall be liable for all damages caused by the latter to Artlantismedia.nl or to third parties with respect to the registration and the use of the Services, subject to the present terms and conditions, as well as for all damages caused by filling false data in.
Username and Password
· The user shall be responsible for safeguarding his/her password, as well as for all actions, which are performed by him/her or by a third party through the use of his/her username and password.
· The user is obliged to do his/her best and to take all due measures for the protection of his/her and password.
· The user is obliged not to make available to third party his/her password and to notify immediately Artlantismedia.nl for any illegal access to his/her user profile, as well as for ascertained possibility of such access. Regardless of the above said, the user is obliged to notify Artlantismedia.nl for any unauthorized use of the services provided.
· With a view to the specificities of the internet protocols and the security of protecting the data for the password, the user undertakes to terminate the session on which he/she has entered into his/her user profile by clicking on the virtual button “Sign out”.
Conclusion of the Contract
· The contract shall take effect at the moment when the consent is expressed as described under Art. 4, Para. 2. The contract is in English. The user agrees the communication with him/her to be performed by fax or email.
· Artlantismedia.nl shall confirm immediately the receipt of the statement under Art. 4, Para. 2 by sending a communication to the user’s email address filled in the registration form. The communication shall include the name, registered address and contact details of Artlantismedia.nl, hyperlink to present terms and conditions and hyperlink for user profile activation.
· In case where for the access to the particular service the respective web page requires a payment of a certain price the user shall request access to this service by filling certain order form in and shall agree with the respective license agreement. By requesting access to a certain service, the user performs an electronic statement within the meaning of the Dutch Electronic Document and Electronic Signature Act.
Terms and Conditions Amendment
· As far as the services provided by Artlantismedia.nl are various and permanently increasing and modifiable with a view to their improving and widening, as well as in accordance with the legislative changes that reflect upon the Services provided, the present terms and conditions could be amended unilaterally by Artlantismedia.nl.
· In the event of amendment of these Terms and Conditions, Artlantismedia.com undertakes to notify the user by sending him/her an email and/or by publishing in his/her user profile or on an outstanding place in Artlantismedia.com a notice for the changes of these terms and conditions with the text of the changes or a hyperlink to a web page where the amended terms and conditions are available. Artlantismedia.com shall give the user a sufficient term to get acquainted with the changes.
· If the user does not state within the term under paragraph 2 above that he/she rejects the changes, it shall be considered that he/she is bound with them. Otherwise, Artlantismedia.nl is entitled to cease immediately the provision of the services with respect to the disagreed user, which shall be regarded as an automatic termination of the contract.
Art. 8. Free Services offered by Artlantismedia.nl are such services which are accessible to the user via Artlantismedia.nl after his/her prior registration under Art. 4, Para 2 of the present terms and conditions.
· The paid services provided by Artlantismedia.nl are information society services within the meaning of the Dutch Electronic Commerce Act, which are accessible after prior registration, payment of certain price and acceptance of the respective license agreement.
· The terms and the conditions for the provision of the paid services are subject to a license agreement between Artlantismedia.nl and the user. The provisions of the present terms and conditions shall apply subsidiary for issues, which are not regulated by the license agreement.
· The paid services provided are:
§ Prepaid services – Services for one-time activations, which are accessible until the deactivation of the user profile or the termination of the license agreement or of the present contract;
§ Subscription Services - Services accessible after the payment of a certain subscription price and until the end of the respective subscription period of time;
§ Prepaid Services – Services accessible until the exhaustion of the respective prepaid volume.
· The prices of the paid services, their scope, volume and characteristics, the terms and conditions for their provision shall be published on the respective web pages of Artlantismedia.nl.
Prices and Way of Payment
· The prices for the access to the paid services are published on the respective web pages of Artlantismedia.nl and are subject to alternation by Artlantismedia.nl.. The amount of each price is VAT exclusive /if applicable/. Further alternations of the prices shall not affect the user who has already paid for a certain Service.
· The user may pay the price in any of the ways described on the respective web page in Artlantismedia.nl.
· Artlantismedia.nl database is a database organized as a catalog of three-dimensional models of original design products, which are created by Artlantismedia.nl on the base of the images of the original design products and which might be combined and used for designing compositions. Other products that are part of the Artlantismedia.nl database are shaders & textures, books & tutorials and software to create 3D scenes and rendered images.
· Limited access to Artlantismedia.nl database and to information about the designer and the producer of the original interior design products included in it without option for combining their three-dimensional models and designing compositions is a kind of free service provided by Artlantismedia.nl via the website Artlantismedia.nl.
· In order to use the option for combining three-dimensional models of original design products and designing compositions the user shall pay certain price defined on the respective web page in Artlantismedia.nl and shall agree with the respective license agreement.
Suggestion of New Models for Artlantismedia.nl Database
Art. 13. Artlantismedia.nl may provide the users with other free or paid services, the characteristics and the terms for use of which are to be announced on Artlantismedia.nl. Through his/her user profile the user may demand or reject the use of the appropriate service by performing an electronic statement in the way, described in Art. 6, Para. 3. By expressing consent with the respective license agreement or consent for the use of the respective service a contract for providing this service is concluded and the user is considered to be bound with the terms of its use, published on Artlantismedia.nl and containing description of its characteristics, which he/she has been acquainted with in advance. The present terms and conditions shall apply accordingly for the use of these services.
Right of Withdrawal
· For any license agreement for the use of a paid service the user who is a consumer within the meaning of the Dutch Consumer Protection Act shall have a period of at least seven working days in which to withdraw from this license agreement without penalty and without giving any reason. The period for exercise of this right shall begin from the day of conclusion of the respective license agreement unless otherwise stipulated by the applicable law.
· Where the user pursuant to this article has exercised the right of withdrawal Artlantismedia.nl shall reimburse the sums paid by the user free of charge.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and Obligations of the User
Art. 15. The user has right to online access to the services provided in accordance with the terms and conditions for the use of these services as determined by Artlantismedia.nl. In order to access the services where prior registration is required the user shall enter his/her username and password.
Art. 16. The user has right to access to and correction of his/her personal data provided with regard to his/her registration in Artlantismedia.nl. These rights are to be exercised by the user online though his/her user profile.
Art. 17. The user undertakes to observe the terms and conditions regarding the regime for use of the services as well as regarding any other line of conduct determined by Artlantismedia.nl for the purposes of protection or improvement of the services’ quality and reliability.
Art. 18. The user shall ensure by himself/herself the necessary computer and technical equipment and Internet access, which are necessary for using the services provided.
· All intellectual property rights regarding the content on the website Artlantismedia.nl, including but not limited to, the text, pictures, designs, graphics, photos and other video material, sound material, format, software, data compilations, databases (including Artlantismedia.nl database) and other materials, as well as the intellectual property right regarding the Services, are subject to protection under the Dutch law and are sole property of Artlantismedia.nl or the referred third party granting the right to use these rights to Artlantismedia.nl. The user may not use the website Artlantismedia.nl, the services or any element of the content thereof, in any other way than for their respective purposes.
· The right of access of the user does not include the right to copy or reproduce the content of Artlantismedia.nl or any part or element of it or to use any intellectual property objects possessed by Artlantismedia.nl or by any third party, unless it is regarding non-substantial volume of content only for the purposes of personal and non-commercial use which does not prejudice the lawful interests of the authors or any other owners of intellectual property rights. Notwithstanding the above, the user may not remove any designation or information regarding the trademark or the possession of other kind of intellectual property rights over the available materials.
· Unless it is explicitly agreed, the user may not make the content of the Artlantismedia.nl, any element of it or the services available in any way to third parties and may not multiply it. This, inter alia, means the user may not extract and/or reuse substantial parts of the content of Artlantismedia.nl and/or repeatedly and systematically extract and reuse non-substantial parts of the content without written permission of Artlantismedia.nl.
· In case of breach of any of the restrictions under the above paragraphs 1 - 3 the user shall pay to Artlantismedia.nl a penalty to the amount of 2 000 (two thousand) euro for any single breach. The penalty specified herein shall not preclude the right of Artlantismedia.nl to seek damages exceeding the amount of the above penalty.
· When using the services, provided by Artlantismedia.nl, the user is obliged not to upload on the Artlantismedia.nl 's server, transmit or otherwise make available to third parties information, data, text, sound, files, software, music, photos, designs, graphics, video, messages, as well as any other materials, which:
§ contravene the Dutch legislation, the applicable foreign law, the present terms and conditions, the Internet ethics, the rules of morality and good faith;
§ contain a menace for the human's life or physical integrity;
§ have advertising purposes, unless with the prior consent of Artlantismedia.nl;
§ have pornographic content or any other content which menaces the normal mental development of the minors or violates the rules of morality and good faith;
§ have contents that violates human's rights or freedoms;
§ contain commercial or industrial secrets or another information protected by the law;
§ are subject to third parties' right of intellectual property, unless with the consent of the right-holder;
§ violate any pecuniary or non-material rights or lawful interests of third parties.
· In case of breach of any of the requirements under the preceding paragraph Artlantismedia.nl shall have right immediately and without a notification in advance to suspend the access of the user and the third parties to the respective content, information or materials. In this case Artlantismedia.nl shall have right to notify the competent authorities regarding ascertainment of the respective breach.
· When using the services provided by Artlantismedia.nl, the user is obliged:
§ to observe the Dutch legislation, the applicable foreign law, the present terms and conditions, the internet ethics, the rules of morality and good faith;
§ not to offend any reputation and not to incite to violent change of the constitutional order, committing a crime, harming a person or inflaming a racial, national, ethnics or religious enmity;
§ not to preach a fascist or another antidemocratic ideology;
§ not to offend material or non-material rights of third parties, including intellectual property rights;
§ to inform immediately Artlantismedia.nl for every case of committed or discovered breach regarding the use of the Services provided;
§ not to introduce himself/herself as a representative of a legal entity or group of persons, who he/she is not empowered to represent, or to mislead in other way third parties about his/her identity or affiliation to a certain group of persons;
§ not to perform malicious actions.
· Every user is obliged not to upload on the Artlantismedia.nl server, send, deliver, disseminate, make available to third parties or use in any way computer programs, files, attachments or other materials or information, containing computer viruses, systems for unauthorized distant control ("Trojan horses"), computer codes or materials, intended to interrupt, impede, breach or restrict the normal functioning of computer hardware or software or telecommunication devices or intended to perform unauthorized penetration in or access to foreign resources or software.
· Every user is obliged not to perform and not to try to attain unauthorized access to the services provided, to other user profiles, computer systems or networks, connected with the services provided, by catching or using other's passwords or by any other methods.
Right and Obligations of Artlantismedia.nl
Art. 22. Artlantismedia.nl undertakes to take all the due care for providing the users the services, subject to the present terms and conditions.
· Artlantismedia.nl does not have obligation and objective possibility to control the way in which the user uses the services provided.
· Artlantismedia.nl does not have general obligation actively to seek facts or circumstances indicating illegal activity related to the use of the services provided.
· In case where the user has not been accessed to his/her user profile more than 90 (ninety) days, Artlantismedia.nl shall have right to deactivate or to delete his/her username and password. If the user uses paid services under Art. 9 of the present terms and conditions, Artlantismedia.nl shall not deactivate or delete his/her username and password before the end of the subscription period of time or the exhaustion of the volume which are prepaid by the user.
· Notwithstanding the preceding paragraph, in case where the user infringe any of the intellectual property rights over the content or any part of the content of Artlantismedia.nl, Artlantismedia.nl shall have the right to deactivate or to delete his/her username and password.
· Artlantismedia.nl is entitled, but not obliged, to install cookies on the user’s computers – small text files created by a web page through an Internet server and stored on the user’s hard disk which create an opportunity for recovery of information concerning the user and tracking his/her actions.
· Artlantismedia.nl may place hyperlinks and advertisements at the website Artlantismedia.nl for selling goods and offering services by third parties - partners of Artlantismedia.nl. Artlantismedia.nl is not liable for the availability and the quality of these goods and for the contents of these services, as well as for the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties - partners of Artlantismedia.nl, are not under the control of Artlantismedia.nl.
· When providing services subject to the present terms and conditions Artlantismedia.nl retains the right to supply to the user's attention or to attach to his/her user profile and to the website Artlantismedia.nl hyperlinks and advertisements, pointing websites, which are out of the control of Artlantismedia.nl. Artlantismedia.nl does not bear any responsibility for the access to and the contents of such websites, neither does it for the use of the services provided by these websites, as far as Artlantismedia.nl does not control their contents and the character of the services rendered.
· Artlantismedia.nl is entitled to send the users commercial communications, concerning new services, services provided by its partners or changes of the present terms and conditions and the ways for the use of the services provided hitherto. By accepting the present terms and conditions the user agrees to receive unsolicited commercial communications from Artlantismedia.nl.
· Artlantismedia.nl is entitled to discontinue the provision of certain service available through Artlantismedia.nl by publishing an advance notice on the respective web pages of Artlantismedia.nl and/or in the user profile.
· The terms of the advance notice under the preceding paragraph are as follows:
§ 14 days – regarding free service under Art. 8; or
§ the term stipulated in the respective license agreement - regarding paid service under Art. 9.
· In case where Artlantismedia.nl discontinues the provision certain service before the end of the respective subscription period or the exhaustion of the prepaid volume, Artlantismedia.nl shall reimburse the unutilized part of the paid price.
· Artlantismedia.nl is entitled, but not obliged, to remove, to delete or to block at its own discretion any part or element of the website Artlantismedia.nl content.
· Artlantismedia.nl is entitled, but not obliged, to save any content, situated on the its server and to submit it to third parties and the respective authorities in the cases, when this is necessary for protection of the rights, lawful interests and security of Artlantismedia.nl or third parties, as well as in the cases, when the respective content is required by the respective state authorities.
· Artlantismedia.nl takes all the due care the content available on Artlantismedia.nl to be corrects but does not guarantee for the authenticity and the thoroughness of this content unless otherwise specified on the Artlantismedia.nl website.
· Artlantismedia.nl does not guarantee that the services provided will be uninterrupted, in time, trustworthy, secure and free from mistakes, as far as this is out of the abilities, control and the will of Artlantismedia.nl. Artlantismedia.nl shall not be responsible for non-provision of the Services if circumstances which are out of the control of Artlantismedia.nl occur - cases of force majeure, chance events, problems in internet and in the provision of the services out of the control of Artlantismedia.nl.
· Artlantismedia.nl does not guarantee that the services provided will satisfy user’s requirements.
· Artlantismedia.nl does not guarantee that the services provided are untouched by computer viruses, trojan horses or other similar programs and systems, disturbing the normal work of the computer systems. By accepting the present terms and conditions, the user declares that the use of the services provided shall be entirely at his/her risk and liability. The parties hereby agree that Artlantismedia.nl shall not be responsible for damages caused to the user during the use of the services provided, unless they have been caused deliberately or by gross negligence of Artlantismedia.nl.
· Artlantismedia.nl shall not be liable for damages, caused on the software, hardware or the telecommunication devices, neither for the loss of data, arisen from any content, sought, uploaded or used in any way through the medium of the services provided.
· The parties hereby agree that Artlantismedia.nl shall not be liable for non-provision of the services or provision of services with worsened quality as result of tests performed by Artlantismedia.nl with respect to the examination of the equipment, connections, networks and other as well as test for the purposes of improvement and optimization of the services provided. In these cases, Artlantismedia.nl shall notify the user in advance for the expected non-provision or provision with worsened quality of the services.
· Artlantismedia.nl is entitled immediately and without a notification in advance to suspend, restrict or alter the services provided to the user, when the latter uses the services violating the Dutch legislation, present terms and conditions, internet ethics, good faith or other applicable law. This right shall be executed through stopping and limiting the access to user profile. In the above case Artlantismedia.nl shall not be responsible for damages suffered and benefits lost, arisen from the ceasing, alteration or restriction of the services.
· The user shall indemnify Artlantismedia.nl and any third party for any and all losses and damages that Artlantismedia.nl or the third party may incur, including costs, claims, demands or judgments, arising out of any breach of user’s obligations pursuant to the Dutch legislation, present terms and conditions, internet ethics, good faith or other applicable law.
· Notwithstanding the preceding paragraph, the user shall indemnify Artlantismedia.nl for any and all losses and damages caused by the use of the Services provided by third parties to whom the user has provided his/her password.
IV. PERSONAL DATA PROTECTION
Art. 31. Artlantismedia.nl is entitled to collect, use and process information about its users when they are registered under Art. 4, Para 2 of the present terms and conditions. The information through which the person might be identified may include name, family name, address, telephone, profession and any other kind of information, which the user provides during his/her registration. This information may also include any other details which the user fills in, provides or uses with respect to the demand and use of the Services provided or with respect to his/her participation in any promotions, lotteries, sweepstakes, inquiries, etc.
Personal Data Processing
· Artlantismedia.nl shall take all due care and shall be responsible for the protection of the user’s personal data which have become known with respect to the provision of the Services, subject to the present terms and conditions, unless in cases of force majeure, chance events or malicious actions of third parties.
· Artlantismedia.nl shall designate in the registration form whether the provision of the data is obligatory or voluntary as well as the consequences of the refuse the data to be provided. By accepting the present terms and conditions, the user agrees his/her personal data to be processed as stipulated herein.
· The limitations under paragraph 1 above shall not apply in cases of malicious actions or infringement of third party’s rights or lawful interests by the user or person under his/her control. In this case, Artlantismedia.nl may provide user’s personal data to the competent state authorities in accordance with the applicable law.
Purposes of the Processing
· Artlantismedia.nl shall have right to collect, process and use the information under Art. 31 above for the purposes stipulated in the present terms and conditions as well as for the purposes of offering new services (free or paid) or goods, information or advertisements that the user could be interested in, for improvement of the services provided, for organization of lotteries, promotions, sweepstakes, inquiries, for statistical purposes, etc.
· By accepting the present terms and conditions, the user express his/her explicit consent his/her personal data to be processed for the purposes of the direct marketing. The user shall have right to object against the processing of his/her personal data for the purposes of the direct marketing. The user may exercise this right by sending written request to the Artlantismedia.nl address or email as specified herein.
· The user shall have right to be notified before his/her personal data to be revealed to third parties for the first time or to be used on their behalf for the purposes of the direct marketing. In such cases, the user is entitled to object against such revelation or use.
Revelation of the Information
Art. 34. Artlantismedia.nl shall not reveal any personal data concerning the user and shall not provide or transfer the collected personal data to third parties – state or municipal authorities, companies, natural persons and others unless in case where:
§ the user has been expressed his/her explicit consent during or after the registration process;
§ the personal data is duly requested by competent authorities in compliance with the applicable law; or
§ in other cases laid down by the applicable law.
V. TERMS OF EFFECTIVENESS
· Besides the cases stipulated in the present terms and conditions the contract between the parties shall be terminated:
§ by the date of termination of Artlantismedia.nl or termination of the website Artlantismedia.nl;
§ upon mutual agreement between the parties;
§ in other cases laid down by the law.
· In case of termination of the contract, Artlantismedia.nl shall deactivate the user profile and delete the password for access.
Art. 36. Besides the cases stipulated above in the present terms and conditions each party may rescind the contract by sending a notification of 7 days to the other party in case of essential or systematical non-performance of the obligations under the contract.
VI. OTHER PROVISION
Art. 37. The written form shall be considered accomplished with sending an e-mail, clicking on a virtual button in web page, clicking on a check-box in the website Artlantismedia.nl or others similar, as far as the statement is technically stored in a way that allows it to be reproduced.
Art. 38. The parties agree that in case some of the clauses of the present terms and conditions are found to be invalid, this shall not entail invalidity of the contract, its clauses or other parts of the contract. The invalid clause shall be substitute by the imperative rules of the applicable law or the established practice.
Art. 39. All disputes and claims, arising from these terms and conditions or related to them, including those arising from or connected to their interpretation, validity, performance or termination, as well as disputes on filling gaps in these terms and conditions or their adaptation to newly established facts, shall be referred for resolution to the Arbitration Court at the Dutch Chamber of Commerce, Groningen in accordance with its rules. The language of the proceeding shall be English.
Art. 40. The present terms and condition shall be governed by and construed in accordance with the laws of the Netherlands. For all matters not explicitly provided for by the present terms and conditions, the provisions of the Dutch legislation presently in force shall apply.
Dokkum; dd- 2010