Terms of Use

Terms of Use


These Terms of Use shall apply to your use of the Website located at www.artdesigna.com (the Website). By accessing and using the Website and the services provided via it, you shall be deemed to have read, understood and agreed to the following Terms of Use as may be updated or amended from time to time, and any other terms and conditions or related operating rules as may be published from time to time on the Website. If you do not accept these Terms of Use you must stop using this Website immediately. Reference in these Terms of Use to "you" or "your" shall refer to each visitor to the Website, and reference to "we" or "us" or "our" shall be read as reference to Artdesigna KG or other companies within Artdesigna KG.

1. Copyright and trademarks

1.1 All copyright in the text, videos, images, user interface, editorial and other content, information, photographs, illustrations, artwork and other graphic materials, brand names, logos and trademarks, proprietary content, service marks, and other intellectual property on this Website are owned or licensed by us and/or our suppliers, and protected to the full extent provided by copyright and trademarks laws and all international laws or treaties.

1.2 You may view the Website and its contents but you are strictly prohibited from copying, reproducing, retransmitting, distributing, disseminating, selling, publishing, broadcasting or circulating any of the contents for any purposes without our and/or our suppliers' prior written consent. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our and/or our suppliers' prior written consent is prohibited.

1.3 We will not hesitate to take legal action against any unauthorized usage of any of the contents.

2. Links

2.1 You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of this Website by linking to it.

2.2 The links to third party websites that are contained within this Website are provided only for your convenience. We do not monitor, review or endorse those third party websites or contents, or any products or services offered on or through them. You understand and acknowledge that any access to those third party websites or contents, and use of the products and services offered on or through them is at your own risk.

2.3 You will not hold us liable for any loss or damage that may occur as a result of any reliance on or use of such information.

3. User ID, password and security

3.1 In the event that any user ID, password and/or identifier number is issued to you by us, you shall protect the secrecy and confidentiality of such user ID, password and/or identifier number at all times and shall ensure that the user ID, password and/or identifier number is not revealed or disclosed in any manner whatsoever to any person. You agree to take all reasonable measures to prevent the theft, loss, disclosure, modification, misuse or unauthorized use of any user ID, password and/or identifier number, and to change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this Website with your user ID, password and/or identifier number. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID, password and/or identifier number.

3.2 You shall immediately inform us within 3 calendar days if you suspect that your password has been compromised in any manner, in which case, we will issue a new password. You agree to change the password upon issuance by us.

4. Use of this Website

4.1 As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or in a manner prohibited by these Terms of Use.

4.2 In particular, you agree that you shall not:

(a) use the Website for any activities, or submit to or via the Website any information or materials, which breach any laws or regulations or infringe a third party's patent, trade mark, copyright or other proprietary rights or privacy;
(b) attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on this Website;
(c) publish, distribute, transmit or disseminate on the Website any material which is unlawful, obscene, defamatory, indecent, offensive, inappropriate or racially, ethnically or otherwise objectionable;
(d) promote any unsolicited or unauthorized advertising, promotional materials, surveys, letters, unsolicited e-mailing or spamming via the Website;
(e) impersonate any person or entity;
(f) distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Website for any public or commercial purpose without our prior written consent;
(g) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs, or access or use this Website in any way that could or is designed or intended to damage or impair the Website, to interrupt, destroy or limit the functionality of any computer software or hardware or any server or network underlying the Website, or to interfere with anyone else's use and enjoyment of the Website; or
(h) undertake any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website. 4.3 You shall indemnify us, our employees, agents and representatives from any loss or damage including consequential loss or damage which may arise from any breach by you of these Terms of Use or from your use of the Website.

4.4 We may immediately suspend or terminate your right to access or use this Website under these Terms of Use if you breach any of these Terms of Use.

5. Disclaimer and exclusion of liability

5.1 This Website, the service, the information on this Website and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

5.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Website and its contents, including in relation to any inaccuracies or omissions in this Website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

5.3 We do not warrant that this Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

5.4 While we may use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to its accuracy, timeliness or completeness.

5.5 We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use of or inability to use, reliance on or downloading from the Website, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

5.6 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

5.7 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Website, or electronic mail transmitted to and from us, will not be monitored or read by others.

5.8 Although we use reasonable endeavors to ensure that any software made available on this Website is suitable for downloading, installation and use by third parties, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use.

6. Indemnity

6.1 You agree to protect, indemnify, release, hold harmless, and safeguard us, our respective affiliates, subsidiaries, officers, agents, and employees at all times against any and all losses, damages, demands, liabilities, claims, actions, proceedings, charges, expenses, penalties, fines or other costs including reasonable lawyers’ fees suffered or sustained in connection with or as a result of:

(a) your access to or use of this Website;
(b) your and any other party's access to this Website using your user ID, password and/or identifier number allocated by us; and
(c) your breach of any of these Terms of Use. 6.2 You agree to pay us damages, costs and interest in connection with any such claim, action, suit or proceeding.

7. Privacy

The information and data (personal data) which is provided by you in connection with this Website will be held on our computers and manual records and will only be used by us. We will endeavor to keep any user information confidential and not pass this information to any third party. For further details view our privacy policy

8. Amendments

8.1 We may amend the contents of this Website, including the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of this Website.

8.2 We reserve the right to modify the Terms of Use from time to time without notice. The revised terms and conditions will be posted on this Website and shall take effect from the date of such posting. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

9. Applicable law and jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with it is governed and shall be construed in accordance with the laws of the State of Austria, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Austria.