Terms & Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
For purposes of this TOS, “you” shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.
Modifications to the Services
We are constantly trying to improve the Services, so this TOS may need to change along with the Services. Accordingly, SVDA reserves the right to change or modify the Services (including any Memberships described below), any of the terms and conditions contained in this TOS and/or Membership Agreement, or any policy governing the Services at any time.
You are responsible for regularly reviewing any updates to this TOS at www.studiovandenakker.com. If you do not agree with the new TOS, you are free to reject it; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the TOS is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this TOS will be effective unless in writing and signed by both you and us.
Use of the Services
As a condition of using the Services you represent and warrant that you are at least sixteen (16) years of age. You may use the Services as an individual who wishes to purchase Goods via the Services (collectively, “Buyers”). All users of the Services, including, without limitation, Buyers and Sellers are, collectively “Users”).
SVDA reserves the right to cease offering the Services at any time.
Account Set Up and Data
In order to use the Services, you will be required to sign up for an account, select a password and user name and provide certain additional information about you to create your account (“Account Data”). You may not select as your user name a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times.
You are responsible for the safekeeping of your password and account and are responsible for all activities and purchases that occur under your password or account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your password secure.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at email@example.com.
Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:
- You agree to pay the amount listed and any all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate.
Member Criteria: You acknowledge that all Members are selected by SVDA in its sole discretion, and SVDA has the right to refuse or reject a User’s application for one or more Memberships for any reason, or for no reason at all.
All right, title and interest to the Services (which includes any SVDA content or materials made available via the Service, the Services’ look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of SVDA, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.
You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the “Software”), SVDA grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree to only use the Services for personal purposes, and not for any unintended use of the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.
You agree to indemnify and hold SVDA and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Goods you buy, your use of the Services, your violation of this TOS or any Membership Agreement, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
You agree that SVDA may terminate your SVDA account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS , including any policies or documents incorporated by reference, or any other agreement you have entered into with SVDA, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. SVDA may delete your Content, your password and all related information, and files and content associated with your account. You agree that SVDA shall not be liable to you or any third party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
Your use of the Services is at your sole risk. Neither SVDA nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SVDA AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SVDA ITS AFFILIATES (OR ITS OR THEIR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF REPLACEMENT OF SUBSTITUTE GOODS OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that you must evaluate, and bear all risks associated with the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
All disputes under this TOS and/or any applicable Membership Agreement that cannot be resolved by the parties shall be submitted to arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Either party may invoke this paragraph after providing 30 days’ written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. Neither party is a partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract. We may provide you with notices, including those regarding changes to this TOS and/or a Membership Agreement, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means. All notices you provide to us must be in writing and sent by registered mail, recognized carrier, and will be deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. You may not assign, delegate or transfer your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SVDA’s prior written consent. We may transfer, assign, or delegate our rights and obligations under this TOS without consent. This TOS inures to the benefit of and shall be binding on any permitted assignees. This TOS and any applicable Membership Agreement constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Except for modifications or changes by us as described above, any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of Connecticut. In the event that any provision of this TOS and/or Membership Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this TOS and/or Membership Agreement shall otherwise remain in full force and effect and enforceable.
Copyright Dispute Policy and Notice Procedure
SVDA respects the intellectual property of others, and we ask our users to do the same. You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like SVDA, being asked to remove material that allegedly violates someone’s copyright. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the SVDA’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SVDA is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which SVDA is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, SVDA may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that SVDA may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SVDA’s discretion.
Please contact SVDA’s Designated Agent at the following address:
By email to: firstname.lastname@example.org
By mail to:
Studio Van den Akker
979 Third Avenue
New York, NY, 10022