Artland Club Terms

Artland Club

Terms and Conditions

Version 1.0 published 2018-08-09

Definitions

“Artland Content” shall mean any and all code, pictures, text, manuals, links, content, graphic, designs, logos, pricing, financial information, user information, gallery information, partner information, articles, terms, internal communication, any information marked “confidential” and similar that belongs to Artland AND/OR is on Artland.com or another site/app controlled by Artland AND/OR is distributed in electronically or physically by Artland AND/OR has become public due to hacking or any other criminal action.

“Intellectual Property Rights” shall mean any and all intellectual property rights of ownership, whether registered or not, including but not limited to copyright, in relation to the services, design rights, ideas, concepts (incl. Artland Content), inventions, trade secrets, patents, coding, trade rights, logos, pictures and similar. This Includes, but not restricted to, any and/or all rights, titles and interests, under the laws of any country, in patents and applications for patents and any other government-issued indicia of invention ownership; all rights, titles and interests in all trade secret rights arising under the laws of any country; all rights of copyright and all other literary property and author rights (including moral rights) whether or not copyrightable, under the laws of any country, and all right, title and interest in all copyright registrations or applications for copyright registration; all rights, titles and interests in all technical data, whether or not protectable by patent, copyright or trade secret laws.

“Artland” shall mean Artland Company and all entities controlling Artland Company, controlled by Artland Company and associated/sister entities to Artland Company. The term “Artland” will be referring to the relevant entity, entities or entire group, whatever is relevant, also referred to as “Artland Group”.

“Artland Company” shall mean Artland ApS, Bulowsvej 28C, 1. tv., 1870 Frederiksberg C, Denmark, CVR. 37 85 94 27 (Company ID), official e-mail: club@magazine.artland.com.

“Artland Club User” shall mean the physical person that have accepted this terms and conditions, and have thereby entered into the Agreement with Artland.

Artland Company and The Artland Club User agrees on they individually can be referred to as the “Party” or collectively as “The Parties”.

General Terms and Conditions for Artland Club

  1. The Agreement
    1. Artland is a platform that connects art lovers worldwide. Users of Artland have the option of joining the Artland community and creating a member account to connect art collectors, art lovers, galleries, and artists from all over the world in a global art community. The platform, and Artland, will be offering related Services and Products.
    2. The Artland Club User is a private physical person.
    3. The membership is personal and cannot be shared.
    4. The Agreement shall enter into force when it is signed by both Parties and shall continue until terminated.
    5. Artland reserve the right, to modify these Terms at any time. If a revision is material, Artland will try to provide at least 30 days notice prior to any changes taking effect. What constitutes a material change will be determined at Artlands sole discretion.
    6. The Artland Club User accepts the terms as stated in this Artland Club Term and Conditions, and confirms that, any and all, changes to the Artland Club Term and Conditions will be accepted by the Artland Club User unless the Artland Club User has rejected the changes, in writing, within 14 days after any changes has been notified the Artland Club User by Artland.
  2. Artland
    1. Artland will provide to the Artland Club User an Art collectable every year in the month of December, if the Agreement, in any manner, is terminated in the month of December, the Artland Club User looses all and any rights to the delivery without any compensation, only Artland Club User that are members in the month of December will receive the Art collectable.
    2. The Art collectable can be collected within normal working hours at the domicile of Artland ApS.
    3. Artland will offer to send the Art collectable with normal postal to the address of the Artland Club user in a standard protected package.
    4. Artland will not i) insure or in any other way guarantee the delivery of the Art collectable after the delivery to the postal service ii) provide delivery of the Art collectable in any other means than pick up at office of Artland or delivery with normal postal service iii) provide assistance in tracking lost deliveries iv) offer to send the Art collectable as express or similar v) be obligated to deliver the Art collectable framed in any manner vi) be liable for any delayed or losses due to local customs regulations vii) be liable, nor provide assistance, for any and all local custom cost viii) be liable for any and all fees, VAT or similar that are imposed upon the delivery besides what is required in accordance with the laws of Denmark and imposed by the Danish state.
    5. The Artland Club User will also get VIP service, meaning that Artland will invite the Artland Club User to exclusive events and similar.
  3. Pricing and invoicing
    1. The pricing is in accordance with Artlands, at any time newest, published pricelist.
    2. Accepted payment methods are listed in the, at any time newest, published pricelist.
    3. All, and any, fees and similar that is imposed upon Artland due to the Artland Club User lack of payments will Artland be allowed to collect with the Artland Club User.
    4. Artland is allowed to increase the pricing with up to 5% every year with effective date the 1st of January (Annual Price Increase), by notice only, an Annual Price Increase in accordance with this do not constitute a new Agreement.
  4. Duration
    1. The Agreement cannot be canceled by the Artland Club User the first 24 months (Initial Subscription Period) without penalties. If terminated within the first 24 months the Artland Club User will be liable for the penalties and charges defined under §3. After the Initial Subscription Period the Artland Club User can terminate the Agreement end of a calendar month (any) with minimum 1 month notice.
    2. Artland can terminate the Agreement end of a calendar month (any) with minimum 1 month notice.
    3. In case of that Artland Group increases prices with more than the Annual Price Increase, then will the Artland Club User be allowed to terminate the Agreement with immediately effect without any penalty charges as defined under §3. If the Artland Club User wants to activate this right, then shall this be informed, in writing, to Artland, within 14 days after the price increase was published. 
    4. Artland may terminate the Agreement with immediately effect if the Artland Club User: (i) fail to meet any term of the Agreement, and (ii) improper behavior determined at Artlands sole discretion.
    5. On termination of the Agreement for any reason The Artland Club User shall not be entitled to compensation for loss of sale, investment, goodwill or similar. The Artland Club User unconditionally waives any right it might have to such compensation.
    6. If the Artland Club User rejects any updating of the Artland Club Term and Conditions the Agreement, then can Artland terminate the Agreement, in writing, without any warnings or notice, with immediately effect and with no compensation, to either party, is provided. 
  5. Force Majeure.
    1. Artland shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. 
  6. INDEMNIFICATION
    1. The Artland Club User agrees to indemnify, save and hold harmless Artland from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of the Artland Club Users responsibilities or obligations, representations or warranties under this Agreement.
  7. Transfer
    1. Artland may, by notice only, assign this Agreement or transfer its interest or any part thereof under this Agreement to any third party or member of the Artland Group.
    2. The Artland Club User may not transfer the Agreement or any rights or obligations, fully or partly, under this Agreement without the written consent of Artland Company.
  8. PERSONAL DATA PRIVACY
    1. The Artland Club User shall, in full, and unconditionally accept the Privacy Regulations that applies to users of the Artland platform, if the Artland Club User cant accept the terms offered, then the User is obligated to stop using the Services and Products offered by Artland immediately.   
  9. IPR
    1. The Artland Club User agrees unconditionally on that ALL Intellectual Property Rights belong to Artland, without any compensation to the Artland Club User.
  10. Entire Agreement
    1. This Agreement, including any and all of its Exhibits is an independent document and supersedes any and all other Agreements, either oral or in writing, between the parties hereto.
  11. unenforceability of provisions
    1. If any provision of this Agreement or any portion thereof is held to be invalid and unenforceable by a respective court of law, then the remainder of this Agreement shall nevertheless remain in full force and effect
  12. Limitation of liability
    1. Artland’s total liability under all contracts/agreements with the Artland Club User is limited to 5 000 DKK.
  13. Governing law and disputes
    1. This Agreement shall be construed in accordance with and be governed by the laws of Denmark.
    2. In case of any dispute arousing out of this Agreement and its execution, the Parties are agreed to attempt to settle any dispute in the spirit of good business practice and amicably.
    3. If any dispute cannot be settled amicably the Parties have agreed that the dispute shall be resolved finally and exclusively by the courts in Copenhagen, Denmark.
    4. The attorneys’ fees and costs of proceedings shall be borne by the losing party unless the parties stipulate otherwise, or in such proportions, as decided in a judgment of the final court of appeal.
  14. Signatures and acceptance
    1. The Parties agree on that digital signatures, like DocuSign (www.docusign.com) or similar, are valid signatures.
    2. The Parties agrees on that when the Artland Club User check off a “check box” with the terms, then these terms are accepted unconditionally. For the avoidance off doubt does this also, not only, apply when the “check off box” is marked on a web page in connection with signing up and/or accepting changes and/or additional services are purchased under these terms.