Art Online Shop • Terms of Use

These Terms of Use govern your access to and use of Art Online Shop. Please read the Terms of Use carefully.
By accessing and buying our products/graphics, you agree/confirm to be bound by these Terms.

Thank you for visiting and using Art Online Shop !
Art Online Shop is a webshop created to present and sell Barbara Damoli’s graphic art. Barbara Damoli is an Artist living and working in Danmark, under Danish Law, therefore, these Terms of Use, shall be governed by the Danish law.

TERMS:
1. Use of the products/graphics

Copyright on all products/graphics, exhibited and/or sold, on this webshop will remain solely with Art Online Shop/ Barbara Damoli.
Art Online Shop/Barbara Damoli grants you (the Client) a limited, non-exclusive, non-transferable right to use the product/grapchic, which you buy. You may copy and print the product/graphic, only for non-commercial purposes.

It is prohibited to modify, manipulate, or create a new product/graphic, as a result of eventual modifications or manipolations, bought on Art Online Shop.
It is also strictly prohibited, to make copies of the products/graphics and share them on the social media.
Think of these digital products, as if they were music or movies, you cannot reproduce them and give them out on the internet, even if you do not make a profit. This is due to the fact that the files you buy/download are very good quality and could be used by others, as if they had bought the product.
You are of course very welcome, to like, tweet or share any page/product-page of the webshop, on the social media.

2. Copyright

The products/graphics may not be used in any way, without the written permission (from Art Online Shop/Barbara Damoli) and payment.
The User/Client acknowledges that, any unauthorized use constitutes an infringement of the Copyright Law, recording to the terms of the Berne Convention, and legal action may be taken.
User/Client may not transfer the right/license to use the product, to an other person.

https://kum.dk/kulturpolitik/ophavsret/

3. Products/graphics

Art Online Shop/Barbara Damoli sell ONLY digital products/graphics, in PDF format. If you buy a product/graphic, you will be able to download it directly, after the payment.
When you buy a product/art graphic, after the payment you will recive a confermation, please keep the confermation, until after you have dowloaded the product/art graphic.

All the products/graphics are sold and avalieble as PDFs. Since the products/graphics are digital, it is not possible to return them or get the money back.

4. Free graphics

Art Online Shop may offer free graphics, such as cards or Facebook Headers. Such products are given for personal, non-commercial use. User/Client may not transfer the right/license to use the product, to an other person.

5. Informations related to Printing

All the products/graphics are sold and made avalieble as PDF file, which are print-tested before to be made avalieble, on the Webshop. However be aware that:

a) When you get a product printed, by a printing company, be aware that, printing companies work in different ways (different machines, ink etc.), therefore, Art Online Shop/Barbara Damoli can not be held responsible, for the final result/print, which you will obtain.
b) Please notice that the colours of the art graphics, which you see on the screen, due to the light of the screen, are brighter, then the ones you will see, when you get them printed.

6. Security

We care about the security of our Users/Clients, however we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Therefore, Art Online Shop/Barbara Damoli can not be held responsible, for any problems, loss or damage, which may result, from the use of Art Online Shop/Barbara Damoli’s webshop.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses and other harmful or destructive content.

7. Third-Party Sites and Services

On Art Online Shop, you may see links to third-party websites, content, services, special offers, or activities, that are not offered or controlled by Art Online Shop/Barbara Damoli. We do not assume any responsibility for any such third-party websites, content etc. If you access any third party website, fron Art Online Shop, you do so at your own risk and you agree that, Art Online Shop/Barbara Damoli will have no liability, arising from your use of, or access to any third-party websites, content etc.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

8. Indemnity

As mentioned in point 1., you may not use these products/graphics for any commercial purposes. However if you, against these Terms, should do so, you agree to hold harmless Art Online Shop/Barbara Damoli, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your use of our products/graphics, or your breach of any of these Terms.

9. Disclaimer of Warranties

All products/graphics are provided “as is.” Art Online Shop/Barbara Damoli, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, commercial purpose and non-infringement, in no event shall the author/Copyright holder be liable for any claim, damages or other liability.
Art Online Shop/Barbara Damoli makes no warranty that the products/graphics will be error free.

You also understand that if you download from, or otherwise obtain content or services through, this webshop, you do so at your own discretion and risk.

10. Limitation of Liability

In no event will Art Online Shop/Barbara Damoli, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages; (b) the cost of procurement for substitute products or services; (c) for loss or corruption of data; Art Online Shop/Barbara Damoli shall have no liability for any failure or delay.

11. Governing Law and Jurisdiction

Art Online Shop is a webshop which sells Barbara Damoli’s graphic art. Barbara Damoli is a Danish citizen living and working in Danmark, ruled only by the Danish law, and acting in strict accordance with the Danish Law. Therefore these Terms of Use, shall be governed ONLY by the Danish law, without regard to its conflict of laws principles and independently from, where the Users/Client resides. In case of conflict, the User/client agrees to submit the issue to the Danish law, in a Danish Court, located in Denmark.

12. General Representation and Warranty

You represent and warrant that (a) your use of Art Online Shop/Service will be in strict accordance with these Terms of Use, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws, or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws, regarding the download/use of any files/content, you download from  Art Online Shop, and (b) your use of our Webshop/Service will not infringe or misappropriate the intellectual property rights of any third party.

13. Age of the User/Client

While our products/graphics are NOT ADULT products/graphics, our Service is only offered to users 18 years of age, or older. Art Online Shop cannot check the age or information, provided by each User/Client, so if you are under 18 years old, please do not use our Service, without your parents’ permission.
Any person who provides their personal information to our Service represents that they are 18 years of age or older. This precaution is taken, to make sure that the User/Client is an adult, aware of her/his choices.

14. General Terms

Art Online Shop/Barbara Damoli reserves the right to revise these Terms, at any time. Therefore, if you should decide to use our webshop several times, please, make sure to read these terms.
By continuing to access or buy/download the Products, after revisions become effective, you agree to be bound by the revised Terms.

15. Translation/language used in the Terms of Use

These Terms of Use are written in English (US). Since the Webshop is accessible from any part of the world, in the event of a language-conflict/misunderstanding from the part of the User/Client, the original English version/meaning will control.

16. Payment system

Art Online Shop uses PayPal as a Payment system.

 

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