Terms and Conditions of Use for World Art Foundations B.V. Website and Newsletter.
This site is operated by the limited liability company according to Dutch Law: “World Art Foundations B.V.”.
You are requested to read these terms and conditions of use carefully before you start to use this site. By starting to use our site, you indicate that you did read, understand and accept these terms and conditions of use and that you agree to abide to them.
Scope of application of the Terms and Conditions of Use
1.1 World Art Foundations B.V. (hereafter W.A.F.) operates an interactive online business with various services under the domain worldartfoundations.com.
1.2 This Terms and Conditions of Use govern the use of both the World Art Foundation Website (hereafter the Website) and the Newsletter and apply to every use of the services offered on the Website and Newsletter.
Services of the World Art Foundation Website and Newsletter
2.1 The Newsletter is open to Foundations of (contemporary) art to announce upcoming exhibitions or other relevant activities. The Website is open to Foundations of (contemporary) to announce upcoming exhibitions and other relevant activities more extensively. Done by sending respectively a short announcement or a more extensive announcement, eventually accompanied by photo’s and/or video’s to the webmaster of the worldartfoundations.com .
2.2 The Website also provides the Foundations with a variety of private services by which enables them to have contact with other Foundations in order to exchange information (juridical, fiscal etc) but also for exchanging or loaning certain works of art for an exhibition. WAF is however not involved in contact or communication between the Foundations and is not liable for any legal violations or breaches of duty committed by any Foundation and for any damages suffered by the User of these services.
2.3 W.A.F. reserves the right to modify the services of the W.A.F. Website and Newsletter, which means they strive to expand and improve the services, but it also might mean some services will can be terminated at any moment W.A.F. considers that necessary..
2.4 The right to use the Website and Newsletter exists only within the limits of the current state of the art. W.A.F. endeavors to keep the Website available constantly and to the fullest extent possible but does not warrant uninterrupted and faultless availability. Maintenance work, capacity limits and technical or other problems outside the control of W.A.F. can cause data loss, disturbances, transmission delays, transmission errors and downtime. W.A.F. is never liable for any damages caused by interruptions of the services including but not limited to the loss of data.
Registration on the Website for Foundations
3.1 A Foundation* (*which should be registered by the (tax) authority of the country of origin or should be able to proof otherwise to be a non profit organisation) is required to register if it wants to use the services of the W.A.F. Website. Solely natural persons with unlimited power of attorney for the Foundation are permitted to register. The registration cannot be assigned to third parties.
3.2 The Foundation is required to give the information specified on the registration form truly and completely when registering. A Foundation is not allowed to register multiple times under the same or different names. W.A.F. can review the information provided by the Foundation and reject incomplete, untruthful or frivolous registrations. If it suspects improper registration, W.A.F. has a right to immediately block access to the W.A.F. Website and/or delete the user profile. The Foundation is required to update his or her information immediately in accordance with any relevant changes made subsequent to registration.
3.3 During registration the Foundation shall specify his or her access information for accessing the W.A.F. website, which consists of his or her e-mail address and a password. A Foundation is required to keep his or her access information confidential and not to give it to others. W.A.F. will not give these passwords to others, and will never, at any time, ask for his or her password by e-mail or telephone. Should a Foundation lose his or her access data or discover that others have gained knowledge of or used his or her access data, the foundation is required to notify W.A.F. hereof immediately.
3.4 Foundations are requested to send their adherents an invitation to subscribe to the newsletter:
Registration to the newsletter by Adherents:
3.5 An Adherent is required to give the information specified in the registration form truly and completely when registering for the newsletter. An Adherent is not allowed to register multiple times under the same or different names. W.A.F. can review the information provided by the adherent and reject incomplete, untruthful or frivolous registrations. If it suspects improper registration, W.A.F. has a right to immediately block access to the W.A.F. Website, Newsletter and/or delete the adherents profile.
3.6 the Adherent can unsubscribe from the newsletter at any time by e-mail or by using the link at the end of each newsletter.
4 Services for which a usage fee is due, as announced on the website, but subject to alteration, must be paid immediately upon invoicing. W.A.F. will send the Foundation the invoice by e-mail to the e-mail address the Foundation has given upon registration. Invoices will be saved in the internal W.A.F. mailbox for 18 months. The Foundation is required to check his or her mailbox on a regular basis. The Foundation can settle his or her account by using one of the methods stated during registration, which are, but are not limited to credit cards or online payment methods. If the usage fee cannot be collected, the Foundation is liable for all resulting costs, particularly but not limited to bank charges related to the return of the debit advices and similar charges and collection fees.
Responsibility for contents
5.1 The Foundation is only permitted to make publicly available, and distribute contents on the Website under these Terms and Conditions, which include but is not limited to proper registration and payment of fees due. The Foundation alone bears sole and unlimited responsibility for the contents it enters.
5.2 W.A.F explicitly doesn’t guarantee the truthfulness, appropriateness or quality of the contents placed by the Foundation. Regardless thereof, W.A.F. reserves the right to block, delete, or remove the contents of the Foundation or exclude the foundation from the future use of the services of the Website and Newsletter at any time and without stating its grounds.
5.3 The Foundation expressly guarantees that it owns all rights to the contents it enters on the Website and that the entry, storage, publication, and distribution of those contents do not violate these Terms and Conditions of Use, applicable laws or third-party rights. The Foundation safeguards W.A.F. from any claims from third parties by the content entered on the Website by the Foundation.
Assignment of rights
6.1 The Foundation grants W.A.F. the gratuitous, unlimited, irrevocable and non-exclusive right :
6.1.1 to reproduce, distribute, hold available for retrieval, and make publicly available the contents the Foundation enters, particularly to store the contents on its own computers (web servers), make backup copies, and enable an unlimited number of users to access, retrieve and use the contents by means of all the public network services currently known (Internet, WWW, e-mail, and similar networks and services).
6.1.2 to modify, abridge or amend the contents the Foundation enters in order to make them comply with these Terms and Conditions of Use, adapt them to the format of the Website, improve the display quality, or if necessary in order to perform the acts of use described above, and
6.1.3 to advertise in connection with the contents the Foundation enters, particularly by inserting banner advertisements.
6.2 W.A.F. is allowed to employ or use third parties to perform all work related to the exploitation of the Website including, but not limited to what is described in this section and to assign part or all of its right to use the contents to third parties or grant sublicenses therefore.
Term and termination of the agreement of use of the Website or Newsletter
7.1 A Foundation can announce the termination of the agreement by e-mail sent to the address email@example.com or by registered mail. The termination must contain the e-mail address of the Foundation as given upon registration. W.A.F can announce a termination by e-mail sent to the e-mail address given by the Foundation upon registration, or by mail or letter.
7.1.1 In case of free registration, the agreement between W.A.F. and the Foundations for the Website and Newsletter is for an indefinite period. and can be terminated by the customer at any time and by W.A.F. on two (2) week notice per end of the month without having to give any reason.
7.1.2. In the case of paid registration, the agreement between WAF and the Foundation initially runs for the usage period stated at registration commencing with the Foundation activation for the Website. The agreement is renewed automatically for the same period if one of the parties didn’t inform the other party two (2) weeks prior to the expiry of the usage period or a subsequent extended period, it doesn’t want to renew the agreement.
7.3 After the end of the agreement, W.A.F. is entitled to delete the Foundations profile and all the contents entered by the Foundation. The foundation cannot demand from W.A.F. to return or any surrender any of the contents.
Notification of legal violations to Users of the Website and Newsletter
8.1 Users (the Foundations and/or Adherents) are prohibited to harm the site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users are not allowed to attempt to gain unauthorized access to this website, the server on which this site is stored or any server, computer or database connected to our website. It is prohibited to attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision you would commit a criminal offence. W.A.F. will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. W.A.F. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
8.2.The Foundation can notify W.A.F using a contact form provided on the W.A.F. Website or by e-mail if the Foundation believes that another user or contents that have been entered on the website is or are in violation with these Terms and Conditions of Use, applicable laws or third-party rights. W.A.F. advises that it requires information about the alleged violation, the violator and, depending on the circumstances, the ownership of the rights concerned with as much particularity as possible if the violations are to be prosecuted.
8.3.The Website and Newsletter can contain direct or indirect references or links to other websites and third-party services. W.A.F. expressly declares that at the time the link is inserted to the knowledge of W.A.F. there were no unlawful contents identifiable on or in such websites and third-party services. W.A.F. has no influence on the future design, contents or authorship of the linked pages. It is not possible for W.A.F. to monitor the contents thereof on a continuous basis or prevent the use of the linked pages in case unlawful contents occurs on these. The foregoing statement applies to all links and other references within its own contents as well as those entered by foundations. W.A.F. is not liable for unlawful, erroneous and/or incomplete contents and particularly not for losses caused by the use or nonuse of the linked pages.
8.4 The foregoing limitations of liability also apply to all companies affiliated with W.A.F. and to the personal liability of the employees, agents, shareholders, and servants of W.A.F..
9.1 The Foundation shall, on first request, release W.A.F. from all claims, including but not limited to damage claims, which other users or third parties enforce against W.A.F. on the basis of the culpable infringement of their rights through the Foundations use of the contents and services of the Website and Newsletter or through the contents which the Foundation enters, makes publicly available, or distributes. The foundation shall furthermore release W.A.F. on first request from judicial and administrative decisions issued against W.A.F. for the Foundation culpable infringements of rights and legal violations related to the use of the contents and services of the Website and Newsletter. The Foundation shall compensate W.A.F. for all costs and damages including but not limited to all legal costs and consequential damages. Nothing herein shall be construed to affect W.A.F. further rights and damages claims.
9.2 The Foundation must notify W.A.F. in writing without undue delay if infringements of rights and legal violations related to the use of the contents and services of the W.A.F Website are claimed against the Foundation or if judicial or administrative rulings are anticipated, and must support W.A.F. in a legal defense.
Trademarks and other intellectual property rights
10 The Foundation acknowledges that all intellectual property rights to the Website and Newsletter, including but not limited to copyrights and related rights, patent rights, trademark rights and other rights belong exclusively to W.A.F. or its licensors and may not be used without the express prior written consent of W.A.F. The Foundation is prohibited to use the “W.A.F. trademark or permanently reproduce, distribute, make publicly available, alter, or decompile the contents and computer programs entered and used on the W.A.F. Website or Newsletter.
11 W.A.F. requires only those personal data from subscribers, who are natural persons, acting for themselves, or for a legal entity, which are necessary for the use of the W.A.F. website or for receiving the newsletter, including the billing of the fees by W.A.F. By providing the data required by W.A.F., the subscriber gives its permission to use the data within the limits of the normal exploitation of the website and the newsletter by W.A.F. W.A.F. declares it will never provide the data to third parties, nor will W.A.F., have third parties use these data, without the explicit permission of the subscriber, unless it is ordered thereto by the proper authorities. Every subscriber who is a natural person, acting for him/herself or on behalf of a legal entity, is entitled to have access to his/her data as stored by W.A.F. W.A.F. has appointed a Privacy officer whose name will be revealed to each subscriber on first request.
12.1 The use of the W.A.F. Website and Newsletter is subject to the Data Privacy Statement of W.A.F..
12.2 Parties agree to accept each other’s legal declarations by e-mail, for the Foundation at the e-mail address given at registration, and for W.A.F. at the e-mail address : firstname.lastname@example.org. E-mails are received when saved in a retrievable manner in the recipient’s e-mailbox or that of its Internet service provider.
12.3 W.A.F. reserves the right to modify these Terms and Conditions of Use at any time with future effect. The Foundation shall be promptly notified of all amendments of the Terms and Conditions of Use at the e-mail address he or she gives at registration.
12.4 The law of the state of the Netherlands is applicable. All disputes arising from the use of the Website or the Newsletter will be submitted to the competent Court in the City of Amsterdam.
World Art Foundations
Eerste Weteringplantsoen 2CII
1017 SJ Amsterdam
BTW: NL85 44 64 14B01