Terms of Service

Date of last adjustment: 28 September 2022

At Art-Wod BV, we want to make sure that relations with our Clients run as smoothly as possible. We appreciate the trust you place in Art-Wod and therefore take your rights very seriously. With the following preliminary information and conditions, we want to give you a clear overview of your rights, and sometimes also obligations. If anything is unclear, please let us know.

Please read this information carefully before agreeing to it. Upon receipt of your registration confirmation by e-mail, your registration is considered final. By placing a subscription, you agree to be aware of our full disclosure of these Terms and Conditions. Art-Wod may amend these general terms and conditions and the new general terms and conditions will be applicable to a new registration. The registration you are about to place is subject to the current General Terms and Conditions. You can print the text or save it on your computer hard disk.

Article 1. General Terms

The website of Art-Wod BV, a limited company, with registered office in Belgium and with company number 0760.835.138, (hereinafter ’Art-Wod’) offers its clients online painting and drawing courses, Basic program memberships, Premium program memberships, Pro program memberships and Art-Wod merchandise tutorials, hereinafter our ’Services’.

These General Conditions (’Conditions’) are applicable to all its clients (current, former and future), for each visit to or use of the website, use of its platform, offering of its services and its information by a client (hereinafter the ’Client’) to all offers, quotations, work and agreements regarding training and education provided by or on behalf of Art-Wod and its partners.

In these Conditions the following terms are used in the following sense, unless explicitly stated otherwise:

Client: ’the other party of Art-Wod’.

Agreement or Conditions: ”any mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products or services of Art-Wod.”

Services: ”The provision of online video training and drawing tutorials and general education. Also included in the offering of”

OVL: “The Online Video Library of Art-Wod containing the training and tutorial instructions.”

User Account: “The personal account of the Client for use of the dashboard and access to the OVL.”

Article 2. Applicability of General Terms and Conditions

By placing an order of a subscription, the Client agrees that he or she has consulted these Terms and Conditions and explicitly accepts their applicability, to the exclusion of all other terms and conditions. Additional conditions of the Client are excluded, unless they have been previously, in writing and explicitly accepted by Art-Wod.

By way of exception, provisions of the Conditions can be waived by written agreement. Such deviations may consist of the amendment, supplement or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the Conditions.

General purchase or other general conditions of the Client do not apply to the legal relationship between the Client and Art-Wod and are explicitly rejected.

If you do not wish to be bound by our Terms and Conditions your only option is not to visit www.artwod.com, view or otherwise make use of one or more services and products offered by Art-Wod. You understand, accept and agree that these Terms establish a legally binding agreement between you and Art-Wod.

Article 3. Content of the website and the Discord server

Art-Wod largely determines the content of the website and takes great care of the information on it. All possible measures are taken to keep the website as complete, accurate and up-to-date as possible, even if the information on it is provided by third parties. Art-Wod reserves the right to change, supplement or delete the website and its content at any time, without any liability.

Art-Wod cannot offer any absolute guarantee regarding the quality or up-time of the information on the website. As a result, it is possible that this information is not always complete, accurate or available. Consequently, Art-Wod cannot be held liable for any damage, direct or indirect, that the Client may suffer as a result of the information provided on the website. Statements by Art-Wod, including images, drawings, statements of capacities, specifications, diagrams, prices, price lists, material lists, brochures and other information on the website or other information channels, with respect to our products and services are indicative and only apply as an invitation to make an offer.

If certain content on the website is in violation of the law, the rights of third parties or morality, the Client must inform Art-Wod as soon as possible by sending an e-mail to [email protected], so that appropriate measures can be taken. Any download from the website is always at the Client’s own risk. Art-Wod is not liable for any damage, direct or indirect, arising from such downloads, such as loss of data or damage to the Client’s computer system.

Article 4. Registrations and cancellation

Registrations of subscriptions made in the name of the Client are deemed to be made by the Client and are binding. Art-Wod has the right to attach conditions to the execution of a registration, such as asking for an advance payment or other security and can refuse a registration of the Client without giving any reason.

Every Agreement is entered into under the suspensive condition of sufficient availability of the services and products concerned. The Agreement is created by Art-Wod’s confirmation of the Client’s registration, or by Art-Wod’s commencement of the execution of the registration. Confirmation can be made electronically (via the website or by e-mail), in writing (by letter to our registered office) or verbally.

The order confirmation is deemed to reflect the Agreement correctly and completely, unless the Client objects to it in writing or electronically within two (2) working days after receipt of the order confirmation. Art-Wod is only bound to its tenders if the Agreement is confirmed by the Client in writing within thirty (30) days.

Cancellation of registrations is only possible after a written or electronic confirmation by Art-Wod after receipt of the cancellation via the website. Clients will keep their access to the Platform until the end of the payment cycle. If a registration is cancelled, the participation fee will not be refunded. After subscribing to any of the membership options, the Client agrees that he is not entitled to a refund of any kind. Art-Wod provides a free membership solution to test the Services before making a decision to pay. No refunds are made for any reason, including unintentional sign-ups or incorrect selection of membership packages.

Free memberships will automatically be given at sign-up or after expiration of a paid membership.

Cancellation of the subscription by Client through Client’s payment provider, and not the Art-Wod website, might result in immediate loss of access to the Art-Wod Services. In such event, Client agrees that he is not entitled to a refund of any kind.

This does not affect the right of Art-Wod to claim damage suffered (for example lost profit). Removal of the user account, however must always be done in writing to the registered office or by e-mail to [email protected].

Article 5. Prices and Payment

Some of the Art-Wod Services, such as the public pages, are available to you for free, while others require that you create a User Account and pay a subscription fee for access, for example to tutorials and courses. Access to and use of the Services, whether accessed with or without payment are subject to the Conditions of this Agreement. If you do not agree to these Conditions, you may not access this platform. Users will find a “join Discord”-button in their account after they paid for a subscription.

All prices mentioned on the Art-Wod website are expressed in Euros and are always inclusive of VAT unless stated otherwise and of all other duties or taxes to be borne by the Client, price changes and typing errors reserved. If delivery, shipping, reservation or administrative costs or other government levies are charged, this will be mentioned separately.

The price stated refers exclusively to the services, training and products offered as described there. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price. Art-Wod reserves the right to change the prices of the products, services and courses, in particular when a legal price-fixing factor gives rise to it.

Art-Wod may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Art-Wod provides notice at least thirty (30) calendar days prior to the price schedule change.

Subscription fees are non-refundable. The subscription fees automatically renew monthly, yearly or quarterly until cancelled by the Client. Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date.

Discounts, rebates or other special offers only valid for initial term. Subscriptions renew at the then-current full subscription rates.

Hourly rates are to be adjusted annually in function of the market situation. The price mentioned in the Agreement is binding, unless between the moment of registration and the moment of delivery circumstances arise that increase the cost price of the ordered goods. In that case Art-Wod has the right to increase the prices accordingly. Such a price increase does not give the Client the right to dissolve the Agreement.

Unless explicitly agreed otherwise in writing, payment will take place without settlement or suspension for whatever reason. The participation fee is due in advance. In case of late or incomplete payment Art-Wod reserves the right to exclude the participant from participation.

Clients are charged through automated payment via Stripe, Google or Apple Pay, SEPA or Paypal Invoices (as pdf-file) are, upon request, sent electronically by e-mail, as proof of payment, to the Client unless the Client requests to receive them by post. In this case, Art-Wod is entitled to charge an additional cost of € 4,95 per invoice sent by post.

In case of non-payment of the invoice on the due date without serious reason, the balance will be increased - without a notice of default being required - by a fixed penalty of 10% on the total amount of the outstanding invoice with a minimum of €25 and a maximum of €1.500, even when granting periods of grace. The Client shall also lose the benefit of the discount granted on the ordinary rate. Any order formally confirmed or contractually entered into by the Client is irrevocable, whether or not an advance payment has been made. Where appropriate, the advance payment made by the Client shall be deducted from the total price of the order.

The Client is always jointly and severally liable with the legal person in whose name the invoice is requested for all obligations towards Art-Wod, should problems arise in relation to the payment of the invoice.

Article 6. Education and Training

Art-Wod and its partners make every effort to ensure an adequate and sound quality of the trainings, tutorials, education and training.

Any complaints about the quality of the education and training provided by Art-Wod and its partners need to be communicated to Art-Wod in writing, supported by reasons, within eight (8) days after the execution thereof, to Art-Wod.

If, due to circumstances, a certain training or education cannot take place, Art-Wod will try to provide a replacement training or education within a reasonable time. If a replacement is not possible, Art-Wod will refund the participation fee to the client. The Client is not entitled to any (additional) compensation.

Art-Wod reserves the right to change the location and to cancel a training in case of insufficient registrations. Art-Wod will inform the Client about this in time.

Article 7. Access to OVL

Art-Wod hereby grants each Client a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the Online Video Library (OVL) according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Conditions. Each Client agrees that the OVL not be accessed by any person other than the Client. Each Client shall be authorized to access the OVL from any Internet connection.

Right of access to the OVL granted under these Conditions is effective only upon payment of the subscription fees.

Art-Wod strives to provide the OVL to its Clients on a continuous basis. To that end, Art-Wod will take all commercially reasonable efforts to provide uninterrupted access to the OVL to its Subscribers.

However, from time to time, Clients may be unable to access the OVL due to conditions beyond Art-Wod’s control. Such conditions include, but are not limited to force majeure, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.

In response to any unavailability of the OVL to its Subscribers, Art-Wod will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Conditions, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. Art-Wod endeavors to provide the highest quality content to its Clients. To that end, Art-Wod reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this website in whole or in part, including, without limitation, the content, availability, access and/or the Conditions of this website. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this website. Clients are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the website.

Art-Wod has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Art-Wod may suspend the Client’s access while it conducts an investigation.

Users are required to enter a user account name and password to access the OVL. To protect against unauthorized access to an account, it is recommended that the Client closes the browser when he has finished using the Site. The Client is responsible for maintaining the secrecy of its user account name and password. The Client represents and warrants that he is the person on whose behalf he claims to accept these Terms, or, if the Client is entering into these Terms on behalf of a person or entity, The Client represents and warrant that he has the power and authority to enter into these Conditions and bind the person or entity. The Client also represent and warrant that he is an adult who is legally able to enter into these Conditions. The Client may not use the account, user account name or password of someone else at any time. The Client agrees to notify Art-Wod immediately of any unauthorized use or loss of his account, username, password and/or credit card information. The Client also agrees to notify Art-Wod immediately if he is aware of or suspect other unauthorized use of the Site and/or the Site content.

Art-Wod will not be liable for any loss that the Client incurs as a result of someone else using his user account name and password with or without his knowledge. The Client may be held liable for any losses incurred by Art-Wod, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of his account, user account name or password. Art-Wod will never ask the Client for his password. If the Client needs a new username and/or password, Art-Wod will generate a new account user account name and password automatically through its computers and send it to his e-mail or postal address.

Art-Wod provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible to access this website. Art-Wod also warrants that the media containing the software, if provided by Art-Wod, is free from defects in material on the date the Client acquired the software. The Client accesses this website at his/her own risk. The website is provided on an “As Is, As Available” basis without warranty of any kind.

Article 8. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Art-Wod’s computers, servers or databases.

Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Conditions;

Permit or provide others access to the OVL using the Client’s account name and password or otherwise, or the name and password of another authorized Client;

Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the website;

Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the website;

Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.

Violate or attempt to violate Art-Wod’s security mechanisms;

Access any data or server You are not authorized to Access or otherwise breach the security of the website or corrupt the Site in any way;

Engage in any other conduct which violates the Copyright Act or other laws of Belgium;

Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Clients, the website or Art-Wod;

Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights;

Misrepresent the Client’s identity or personal information when accessing the website;

Forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Art-Wod.

Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability;

Provide any commercial hosting service with Access to the Site and/or the content on the Site.

The below mentioned rules by Discord on how to behave in the Discord server area by Users are part of these Conditions as additional Terms. The use of Art-Wod’s Services and access to Discord servers implies implies accepting these rules, including all further changes.

Be respectful You must respect all users, regardless of your liking towards them. Treat others the way you want to be treated.

No Inappropriate Language The use of profanity should be kept to a minimum. However, any derogatory language towards any user is prohibited.

No spamming Don’t send a lot of small messages right after each other. Do not disrupt chat by spamming.

No pornographic/adult/other NSFW material This is a community server and not meant to share this kind of material.

No advertisements We do not tolerate any kind of advertisements that does not relate to art education. You can post your content in the #educational channel if it is relevant and provides actual value (Video/Art) .

No offensive names and profile pictures You will be asked to change your name or picture if the staff deems them inappropriate.

Server Raiding Raiding or mentions of raiding are not allowed.

Direct & Indirect Threats Threats to other users of DDoS, Death, DoX, abuse, and other malicious threats are absolutely prohibited and disallowed.

Follow the Discord Community Guidelines. You can find them here: https://discordapp.com/guidelines.

Do not join voice chat channels without permission of the people already in there If you see that they have a free spot it is alright to join and ask whether they have an open spot, but leave if your presence is not wanted by whoever was there first.

Do not share pirated content of any kind No sharing of pirated art books, videos, resources. The artists put forth a lot of time and effort to produce these items and we should support them in their efforts.

The administrators of Discord will mute/kick/ban per discretion. If you feel mistreated direct message an admin to resolve the issue. All channels will have pinned messages explaining what they are there for and how everything works.To ensure that Users of the website do not engage in Prohibited Conduct, Art-Wod reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OVL and its Discord Community to any person or entity whose use of the OVL suggests Prohibited Conduct.

Access of the materials available at the OVL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OVL and will result in revocation or denial of Access to the OVL. The terms “normal patterns” and “abuse” shall be determined solely by Art-Wod.

The Client agrees not to violate any Belgian, foreign or international software or technology export laws and regulations, including without limitation the Belgian Export Administration Regulations.

Article 9. Execution by third parties

Art-Wod may, at its own discretion, involve third parties in the implementation of the agreement. Art-Wod reserves the right to replace announced teachers or speakers. Partly because of quality improvement and/or reprogramming, Art-Wod reserves the right to adjust the training or education program in relation to the announcement, both organizationally (for example the location) and content-wise (for example by involving current events in a prominent way).

Art-Wod may transfer rights and obligations from this Agreement to third parties and will inform the client about this. If the transfer of obligations to a third party is not reasonably acceptable to the Client, the Client will have the opportunity to object within five (5) days after receiving the relevant notification. Both Parties will then come to an amicable arrangement where Art-Wod offers a solution to the objections.

Article 10. Delivery and Delivery Time

The specified or agreed delivery times are always approximate and have been determined on the basis of data and circumstances that were known to Art-Wod when the Agreement was made. Stated delivery- and/or execution times are never to be considered as strict deadlines. The delivery of its products and services takes place as soon as possible after a written order and delivery of the necessary information by the client. If there is a risk of the agreed delivery time being exceeded, this shall be communicated as soon as possible. In case of force majeure on the part of Art-Wod, the term will be extended by the period of that force majeure.

If the Client expresses new wishes during the execution of the current contract, which go beyond the agreements made, these will be considered as a new assignment. Art-Wod reserves the right to postpone the execution of these new wishes until previous agreements have been settled.

The Client commits to provide Art-Wod with all information needed by Art-Wod for the provision of its Services upon request and guarantees the accuracy and completeness thereof. If the client has not complied with this request within a period of four (4) weeks, Art-Wod stops her activities and the remainder of the agreed upon principal sum is immediately due and payable.

Article 11. Duration

Art-Wod’s Services are offered for the period necessary to provide the training, unless otherwise agreed. Except in the case of a written notice of termination, this period is automatically extended by a period of 1 month upon expiry. The Client is obliged to give 1 month’s written notice, which must be given 1 month before the end of the subscription period, be it during the initial period or during the period of extension. Without this notice the contract duration is automatically extended by 1 month and charged without any possibility of reimbursement by Art-Wod.

Article 12. Liability

Art-Wod does not warrant any particular result from use of the software or website.

Art-Wod cannot be held liable in any way for the (in)direct damage that could result from consulting or using the information offered on our website or sessions, or from external sources used during the training trajectory. Art-Wod is not liable for any damage suffered by the Client or any third party as a result of incorrect and/or incompetent use by the Client or any third party of the information (course or training material) provided by Art-Wod or the Service provided.

Art-Wod cannot be held liable for problems with the availability of the information caused by technical errors or interruptions caused by force majeure.

Art-Wod is not liable for any damage to person or property caused by accident, loss or theft on the premises of our Services.

Without prejudice to what is specified in the Agreement, the compensation for attributable failure of Art-Wod for direct damage to the Client, for whatever reason, per event (whereby a connected series of events counts as one event) will not amount to more than the price, excluding VAT, stipulated in the relevant agreement for the performances of Art-Wod in the period of one month preceding the default of Art-Wod.

Art-Wod is not liable for any claims or legal proceedings arising from the unlawful supply of material that violates the legislation on copyright and/or existing brand names.

Art-Wod is not liable for errors or shortcomings if these are due to software or hardware or data or applications or other materials, not supplied by Art-Wod and which are faulty and/or which Art-Wod did not know would be used together with the products or services supplied by it, or the fact that others than Art-Wod have made changes to the products or services.

Art-Wod is not liable for damage caused by delays, damage due to loss of data, damage due to exceeding the delivery time as a result of changed circumstances, damage due to providing inadequate cooperation and damage due to information or advice given by Art-Wod of which the content is not explicitly part of a written agreement.

In case of a breach of the Conditions by the Client, Art-Wod reserves the right to take appropriate sanctions and compensation measures, such as temporarily or permanently denying access to the services. These measures can be taken without giving reasons and without prior notice. They cannot entail liability for Art-Wod, nor give rise to any form of compensation.

The client indemnifies Art-Wod for any damage Art-Wod might suffer as a result of claims by third parties connected with the goods or services provided by Art-Wod, including

claims by third parties, including employees of the Client, who suffer damage as a result of unlawful actions by employees (employees and/or freelancers) of Art-Wod who are made available to the Client and work under the Client’s supervision or on the Client’s instructions;

claims by third parties, including employees of Art-Wod, who suffer damage in connection with the execution of the agreement as a result of acts or omissions by the Client or of unsafe situations in his company if applicable;

claims by third parties who suffer damage as a result of a defect in products and services delivered by Art-Wod if the defect in the materials was hidden for Art-Wod.

By providing our Services, Art-Wod delivers an effort obligation. Although the utmost care is taken with regard to the content of the Services provided by Art-Wod, including training courses and events, Art-Wod cannot exclude the presence of errors or incompleteness. Neither Art-Wod nor its partners or appointees are liable in any way for possible damage caused by such errors or omissions.

Art-Wod warrants that the software that allows Users to Access the OVL, if operated as directed, will substantially achieve the functionality described on the website.

Art-Wod’s sole liability for any breach shall be in its sole and absolute discretion:

to replace the defective software;

to advise the Client how to achieve substantially the same functionality with the software as described;

if the above remedies are impracticable, to refund the subscription fee paid for access to the OVL within thirty (30) calendar days of being so notified.

Article 13. Termination

The Client shall be deemed to be in default by operation of law and the (remaining) debt shall be immediately due and payable in the event that

the Client is more than two (2) months in arrears with payments;

the Client has willfully performed acts that jeopardize, damage or make impossible his professional relationships with Art-Wod, other existing or future business partners, with its suppliers, with its staff, with other Clients or with the government;

Art-Wod has good reason to fear that the Client will fail in his performance and the Client does not comply with a written demand stating such reasons to declare himself willing to comply with his obligations within a reasonable period of time;

the Client files for bankruptcy, is declared bankrupt, cedes property, applies for a moratorium, or has all or part of its assets seized and this is not done within ten (10) days after seizure;

the order remains open for more than 6 months due to negligence of the Client;

the Client is a natural person and dies.

Art-Wod may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

If both parties terminate this Agreement by mutual consent, the applicable modalities can be freely chosen. These Terms and Conditions will continue to be applied in perpetuity until explicitly terminated by Art-Wod, without notice and at any time. The Terms and Conditions cannot be affected by the termination of this agreement.

In case of force majeure, Art-Wod has the right to regard the agreement as dissolved, without judicial intervention and without being obliged to pay any compensation. By force majeure to meet our obligations applies any strange cause, which cannot be attributed to us, and which prevents the fulfillment of the agreement, or hinders it to such an extent or makes it so difficult, that such fulfillment cannot reasonably be required from us.

Article 14. Links to other websites

The website may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Art-Wod and the external website or even that there is an implicit agreement with the content of these external websites.

Art-Wod has no control over external websites and is therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the client clicks on the hyperlink, he leaves the website and Art-Wod cannot be held liable for any damage.

Article 15. Intellectual property

Art-Wod has the right to advertise and promote or otherwise use uploaded images, documents, or any other educational material on the website and externally on third party platforms, such as Discord.

Art-Wod reserves the right to advertise, promote, display or otherwise distribute all uploaded images, graphics, photos or video clips by Client on the Art-Wod Talent Pool to showcase student work and attract potential recruiters.

The material (texts, images, graphics, login passwords) provided by Art-Wod to the Client is the property of Art-Wod or the trainers hired by Art-Wod. All elements and data of the website provided by Art-Wod to the Client for placement on our website, including all texts, images, logos, graphics, photos, audio or video clips and updates are assumed to be and remain the exclusive property of Art-Wod.

All materials provided by Art-Wod to the Client in the context of the education, training or event are intended solely for personal use of the Client or his organisation. The Client is not allowed to multiply and/or publish the obtained information, regardless of the manner in which this is done.

The client is not allowed to develop or give a similar training on the basis of the information provided by or on behalf of Art-Wod (course or training material) whether or not in collaboration with third parties, unless prior written consent of Art-Wod.

To the extent that all or part of these elements are not the exclusive property of Art-Wod, Art-Wod guarantees to have all necessary authorisations and/or licences in view of the use of these elements. These authorisations must, as the case may be, concern:

the right of reproduction on any digital or other medium, including the right of adaptation needed for the transfer from one medium to another;

the right of graphical adaptation on any medium;

the right of electronic distribution as well as, where appropriate, the right to distribute the medium containing these elements;

the right of communication to the public by wire or wireless means, by any means including, but not limited to, cable, satellite or internet, including the making available to the public of the items in such a way that members of the public may access them from a place and at a time individually chosen by them.

Art-Wod shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Art-Wod. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OVL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Art-Wod, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Art-Wod’s intellectual property except as set forth in this agreement. If the Client submits any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Art-Wod, the Client may forfeit his intellectual property rights and moral rights contained in such communication or material.

Article 16. Privacy

All information regarding which processing activities we perform, the purposes of these processing activities, the retention period, legal grounds and which type of personal data we process can be found in our Privacy Statement, which can always be consulted publicly on our website and which forms an integral part of these Terms and Conditions. Do you have questions or comments about our Privacy Statement? You can send us your question via mail to [email protected].

Article 17. Use of Cookies

By using our website, you agree to our use of cookies. For more information on the use of cookies, what they are used for and how long they are stored on your browser, please refer to our Cookie Policy.

Article 18. Affection of validity - nullity

If any provision of these Conditions is declared invalid, unlawful or void, this shall not in any way affect the validity, lawfulness and applicability of the other provisions. In such a case, this provision will be replaced by another valid and comparable provision.